The Committee to Recall City Hall submitted a petition to the city of Red Wing for a recall election of the city's seven council members. The committee argues that the city's closed meetings have broken Minnesota's Open Meeting Law.
On Monday, City Attorney Amy Mace told the council that a recall election is not required because the Minnesota Constitution "requires conduct to rise to the level of malfeasance or nonfeasance before an elected official can be recalled.” Mace explained that she does not believe that malfeasance or nonfeasance occurred.
Gregory J. Joseph is the attorney for the Committee to Recall City Hall. He responded to Mace's comments Tuesday in news release:
"The city of Red Wing has signaled that it intends to deny the voters’ right to recall public officials, which is enshrined in the City Charter and protected in the Minnesota Constitution.
"For good reason, the Charter does not grant plenary veto power to the very city officials who are the subject of a recall petition. Further, the holding of a recall election is not a discretionary act under the Charter; it is a mandate.
"Red Wing has not provided any legal justification for their intended disenfranchisement of the thousands of Red Wing voters who are signing petitions as we speak, because none exists.
"Any effort to deny the rightful exercise of voter power under the Red Wing City Charter will be met with legal action."
This is an ongoing story.