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<br />proceedings. Mr. Price stated that the certification will happen, regardless of this special meeting, <br />because no one in this City can legally supersede a decision made by the Court. He then asked <br />Mr. Kraft why he felt the need to initiate this special meeting prior to the Court’s ruling? <br /> <br />Mr. Kraft stated that the first thing he would like to say is that he is unhappy to hear that another <br />member was unaware of the meeting and that everyone had not received an email or written <br />notification. He stated that there are some suggestions that broke broke the law, and that is not <br />the case. Mr. Kraft stated that Council is governed by the laws of the State of Missouri and based <br />on those laws the St. Louis County Board of Election certifies winners of elections and Council <br />votes to accept that certification. At that point the winners are sworn in and become a part of the <br />th <br />Council. He stated that his belief is that he was certified on April 14 by the St. Louis County <br />Board of Elections, as well as Mayor Welsch, Mr. Glickert and Mr. Jennings, as winners of the <br />thth <br />April 8 election. Mr. Kraft stated that at the April 24 meeting this Council accepted his <br />certification, and the certifications of Mayor Welsch and Mr. Glickert, but for some reason, that is <br />not clear, Mr. Jennings’ certification was omitted. Perhaps it was assumed that a recount would <br />happen. Perhaps some people were misinformed about what the law actually says. But <br />whatever the outcome of the recount that may or may not happen, the law of the State of Missouri <br />is really clear, and Section 115.596 states, “In each case of a pending election contest for office <br />the person holding the certificate of election may qualify and take the office at the time specified <br />by law, and exercise the duties of the office until the contest has been decided. If the contest is <br />decided against the contestee the Court or legislative body trying the contest shall make an order <br />for him to give up the office to the person determined to be entitled to the office.” <br /> Mr. Kraft stated that the City erred and should have certified all of the winners, because that’s <br />what the law says. He stated that he has consulted with several lawyers and is certain that <br />Council would not have been breaking the law to accept the certification of Mr. Jennings on the <br />twenty-fourth. So in light of that error he stated that he was one of two Councilmembers that <br />asked for a Special Council Meeting to correct the previous error of not accepting the election <br />. <br />certification of Mr. JenningsHe stated that the meeting was properly posted, properly held, the <br />vote was taken and it was adjourned. Mr. Kraft stated that the meeting was legal and that Council <br />had the responsibility to act. He stated that at the time of the meeting on Thursday, Council had <br />received no legal notice from the County Election authority that a recount was pending, planned, <br />thought about or scheduled. As of today, Council and the City have received no notice from the <br />County Election authority that a recount is planned, requested or even under consideration. Mr. <br />Kraft stated that the City and Council have received no legal notice of a recount request from Mr. <br />Smotherson or his attorney, Steve McMahon, and no legal notification of a recount from any <br />court, so Council was perfectly within its right; and he thinks that they were obligated, to recognize <br /> <br />the certification. <br /> He stated that in addition, he firmly believes that Mr. Smotherson is ignoring the laws of the <br />State of Missouri by claiming that the irreparable harm was so great that he asked the Circuit <br />Court for a Temporary Restraining Order to prohibit the County Election Board from certifying Mr. <br />Jennings and allowing him to be sworn in. Mr. Kraft stated that this Temporary Restraining Order <br />is clearly in error, and while the attorney for the St. Louis County Board of Elections will eventually <br />speak for himself, the election board attorney felt that the request for the order was so far beyond <br />the bounds of normal legal practice that he has requested that the Court impose sanctions on Mr. <br />McMahon and Mr. Smotherson. He stated that sanctions are something for the Court to deal <br />with and it will be heard next week. The Court found that the Restraining Order for the Election <br />Board was in error and Mr. McMahon argued for dismissal of the Restraining Order in order to <br />avoid further argument. Therefore Mr. Jennings will not get his day in court until the twentieth of <br />May, which will be almost seven weeks after the election. Mr. Kraft stated that the real question is <br />why is it taking so long for a recount, since the election laws state that it shall occur immediately? <br />He stated that he would agree that something is not right. The voters of University City choose a <br />representative over a month ago, so somebody should already be sitting up here as a part of the <br />Council. <br /> <br />Mr. Price stated that Mr. Kraft is not an attorney and therefore lacks the expertise to properly <br />answer legal questions. The way it appears is that he had some underlying motive to conduct this <br />7 <br /> <br /> <br />