The Duluth City Council’s 2nd District vacancy drama took another twist on Wednesday night. It turns out that, according to FairVote Minnesota, the Council erred when it declared Joel Sipress the winner of the vote to fill the seat. The News-Tribune has the details here. I have a bunch of questions.
Joel Sipress took an oath of office. Isn’t that a binding action?
This is a procedural question, but it’s worth asking. Sipress said the right thing in the News Tribune article, and said he’d let the other eight Councilors decide his fate. But now that he’s actually part of the Council, can they legally do that? Without consulting the Charter, I would think that he’d need to resign his post for that to move forward. If this isn’t the case, that is a weird loophole: conceivably, the Council could revisit the appointment of a Councilor at any time, and on a whim. This isn’t like a decision to revisit some random resolution; it’s about a man who is, rightly or wrongly, a member of their Council now, and that leads into my next question.
Might not “revisiting the matter” only politicize it?
The two Councilors quoted in the DNT, it is worth noting, did not support Sipress. I trust their motives, and I would think most people would agree there was something deeply flawed with what happened on Monday. Still, if some of the Sipress supporters don’t think the matter should be revisited, it would be very easy for both sides to claim the other side is playing politics, rightly or wrongly. While it only takes a simple majority to revisit the issue, I would argue the Council needs at least 7 votes in favor of revisiting the appointment to legitimize the process. If there is concerted opposition to revisiting the matter, it will only make an ugly process look uglier.
If the Council revisits the appointment, how does it avoid ending up with the exact same deadlock?
In the DNT piece, Councilor Julsrud said the Council should vote anew on its three finalists. Does anyone actually think that anyone will change their mind? Won’t we just end up in the exact same place we were on Monday night? Unless they all know that one of their number has had a change of heart, I don’t see this ending well at all.
The alternative that might—possibly—break the deadlock would be to start the process anew and take applications and conduct interviews again. Even that would carry the threat of a similar outcome, though.
How quickly can the Council change the City Charter to allow for a special election?
If we’ve learned anything from the past few months, it’s this: the Council’s attempts to appoint replacement Councilors have been unqualified disasters. An otherwise thoroughly competent and professional Council has been made to look silly twice. No amount of fine-tuning the process will fix this. The problem isn’t with the process. It’s with the very premise. Eight people should not be deciding who represents a district of over 15,000. The people of District 2 need to elect their own Councilors.
The obvious long-term solution here—as several Councilors readily acknowledged on Monday night—is a change to the City Charter to allow for a special election. They need to make it happen, and as quickly as possible. If they are worried about making a post hoc change, Councilor Sipress could conceivably remain on the Council (while ideally abstaining from everything) before resigning once the changes have been made. That would require his cooperation, but I think it’s the most sensible way forward.
What is FairVote Minnesota’s role here, and where’s the accountability?
This is a bit of an aside, but it should be mentioned: the statement from Jeanne Massey of FairVote Minnesota in the News Tribune claims that “the Duluth City Council deviated from the prescribed process” for ranked choice (IRV) elections. The Council arrived at its process, however, after consultation with people at FairVote Minnesota. This would seem to suggest that someone at FairVote Minnesota erred, and the organization should probably own that mistake.
FairVote Minnesota also claims it is “not attached to the outcome” of the vote. If this is the case, why were the City Clerk and the City Attorney calling them? The city needs to figure out what its relationship with this organization is, and should obviously not be relying on them for legal opinions if the organization does not purport to offer them.
That’s enough for now. I welcome comments, replies, and further questions…we need to sort out this mess as quickly as possible.