Orono calls special election that could unseat council member amid political drama

Orono residents will vote for a City Council member in May in a special election that could unseat a member whose recent appointment by the former mayor proved controversial.

“I think the interests of the voters are best met by having a special election as soon as possible,” Mayor Bob Tunheim said in a meeting Monday night, when the council voted 4 to 1 to set a May 13 election date.

But, even before calling the election, city officials received a letter from the conservative Upper Midwest Law Center, saying it would consider a lawsuit if the council tried to unseat Council Member Claire Berrett.

Berrett, the only council member to vote against setting a special election date, said during the meeting that she was in a “super awkward place.”

Her appointment came at a time of major political transition for Orono, which has replaced four of its five elected leaders in recent months. After a tense election season that drew thousands of dollars in campaign spending, residents decided in November to select two new council members and replace then-Mayor Dennis Walsh. One week after the election, then-Council Member Matt Johnson resigned.

City officials initially announced plans to hold a special election to fill his seat. But later that month, over the objections of some of his council colleagues, Walsh appointed Berrett to the seat.

“I’ll go with whatever happens here. I’m not gonna make a fuss. That’s not me,” Berrett said during the meeting Monday. “But I think that we owe the public the opportunity to understand the implications of taking this forward. There will be a lawsuit. I’m not bringing it, but there will be one.”

At the center of the debate is a question of whether Berrett should remain in place until November of 2026, fulfilling the remainder of the term for the council member she replaced, or whether her seat needs to go before voters.

City Attorney Soren Mattick told council members Monday night that he has struggled to find another case that provides perfect guidance for how the city should handle this situation.

Minnesota law says that if more than two years are left on a person’s term when they vacate their seat “a special election shall be held at or before the next regular city election.” It also says, “The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election.”

The next regular city election is scheduled for November of 2026. Orono didn’t have a special election ordinance on the books when Berrett was appointed to her seat. Council members, including Berrett, approved an ordinance Monday night that would allow special elections to be held earlier in some instances.

Mattick told council members there is “some legal quandary” surrounding the question of whether they could apply that ordinance retroactively to Berrett’s seat.

“I can’t sit here and say that the courts have ruled on that at this point,” he said.

Doug Seaton, founder and president of the Upper Midwest Law Center, who describes his organization as a group of conservatives and constitutionalists trying to enforce the rules, said he intends to meet with his board this week to decide whether to file a lawsuit. He said the group is representing Walsh and could bring on additional plaintiffs as well.

“To do that this May, in our view, after passing an ordinance, after the vacancy not only arose but was filled, is not appropriate and not lawful,” Seaton said.

Tunheim said during Monday night’s council meeting that he had discussed special election questions with a lawyer at the Minnesota Secretary of State’s office.

He said he enjoyed working with Berrett but believed holding a May election was “the right thing to do, though, for the citizens of Orono.”

He added that he encouraged Berrett to run.

“That’s her recourse, to be able to run in the election,” he said at the council meeting. Then, he turned to Berrett, adding, “And I hope you do so.”