Albert Lea, MN 

December 23, 2004

An emergency meeting of the Albert Lea City Council was called to order at 5:30 P.M. in the City Center Council Chambers by Mayor Jean Eaton.

Present were Councilors Warren Amundson, Randy Erdman, George Marin, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, Council Secretary Sandi Behrens and representatives from the Albert Lea Tribune, KATE Radio, KAAL-TV, KTTC-TV and KMSP-TV.

Councilor Marin offered a prayer.

City Attorney Schwab explained that three Councilors, Marin, Fjelstad and Kron, had called an emergency meeting of the City Council, as provided for in Section 3.01 of the City Charter.

Mr. Schwab reported that he had researched the statutes permitting closed meetings and found that the Council could meet in closed session when considering charges against an employee or someone under the Council’s control. The question then became, "Is the Mayor subject to Council control". As a result of this question, Schwab contacted attorneys at the League of Minnesota Cities concerning the issue and found that there is no case law or data practices references for this issue. He recommended the Council not go into a closed session.

Mayor Eaton announced that no public comment would be permitted at this emergency meeting. City Attorney Schwab stated that the public could comment at the regular Council meeting on December 27.

Councilor Fjelstad then moved to call for a vote of no confidence for the Mayor. He further commented that an "aye" vote would mean no confidence the Mayor is able to do her job and a "nay" vote would mean she should remain in office. Councilor Kron seconded the motion.

The City Council then discussed what this vote would show and the fact that it has no legal effect on the Mayor.

City Manager Simonsen reminded the Council that a vacancy in the Mayor’s seat could only occur by resignation, failure to take the oath of office, conviction of a felony or absence of duty for more than 90 days.

Council discussion included the fact that the Mayor Pro Tempore would step into the seat if any of these requirements occurred before the end of the year, a special election would be required and that there is no vacancy at this time. The Council also expressed opinions that this is not the appropriate time to consider such an action, that a vote will not accomplish anything, that the Mayor holds all of the cards with this issue and a request that the Mayor decline to be sworn in.

Mayor Eaton then read a written statement. She told the Council that she had not yet seen written confirmation of the charges, that being accused doesn’t mean guilt, that she is not guilty of the charges leveled against her and that she doesn’t intend to resign as Mayor.

City Attorney Schwab then presented clarification of the recall provision. He reported that the Charter Commission’s attorney, David Kennedy, is an expert in municipal law. Mr. Kennedy recommended that the recall provision be stricken from the Charter as a result of a Minnesota Supreme Court case which made it clear that recall can only apply to malfeasance or nonfeasance in office. To constitute malfeasance or nonfeasance, the conduct must be such as it affects the performance of official duties rather than conduct which affects the individual’s personal character as a private individual. He further commented that the Mayor could not be subject to recall by the voters under the current circumstances. The pending charge does not relate to her official duties as Mayor.

At this time, the Mayor called for a vote on the motion. Councilors Marin, Fjelstad and Kron voted in favor of the motion, Councilors Erdman and Brooks voted nay and Councilor Amundson and Mayor Eaton abstained. The vote of no confidence did not pass for lack of a majority.

Councilor Fjelstad then commented that the people are being held hostage and asked the Mayor for her resignation. Mayor Eaton refused.

City Manager Simonsen explained that it is necessary to name a Mayor Pro Tempore for the period from December 28, 2004 through January 10, 2005. The Council’s first meeting of the year will be on January 10, 2005 and a new Mayor Pro Tempore will be named at that meeting.

Councilor Amundson moved, Councilor Kron seconded, that Councilor Al Brooks be named the temporary Mayor Pro Tempore between December 28, 2004 and January 10, 2005. On roll call vote, Councilors Amundson, Erdman, Kron and Mayor Eaton voted in favor of the motion, with Councilor Marin voting nay and Councilors Fjelstad and Brooks abstaining. Mayor Eaton declared the motion carried and Councilor Brooks appointed temporary Mayor Pro Tempore.

Councilor Amundson moved, Councilor Marin seconded, that there being no further business, the council meeting be adjourned until the next regular meeting of the Albert Lea City Council on Monday, December 27, 2004. On roll call vote, all councilors voted in favor of said motion with the exception of Councilor Fjelstad who voted nay. Mayor Eaton declared the motion carried and the meeting adjourned.

Filed and attested December 27, 2004.

/S/ Sandi Behrens                                                                 /S/ Jean Eaton                                                         

Secretary of the Council                                                        Mayor

Old City Council Minutes

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