Columbia Heights’ recall election was canceled by the Minnesota Supreme Court on Feb. 9 — four days before it was to be held — and Kt Jacobs will serve out the remainder of her city council term.
The court ruled that the petitioners did not prove malfeasance or nonfeasance, which are necessary under state law to remove a person from office.
“I’m happy that they finally got it right,” Jacobs said in an interview. She said when she got the phone call from her attorney about the court decision, she fell on the floor. “The next thing I knew, my husband had the phone and was standing over me, telling the attorney that I was okay.”
The court reversed an earlier decision of the district court that allowed the election to stand. It also said an opinion on the case would come out later because the court didn’t want to delay any further the cancellation of the election.
In a three-page statement, the Supreme Court said the grounds for the recall “do not meet the legal definitions of malfeasance or nonfeasance.”
Ed Higgins, a Columbia Heights resident who was a leader in the recall movement, said the decision was disappointing. “But that’s why we have a democracy. I don’t agree with the decision, but that’s the democratic way.”
Higgins said he had hoped the city’s attorney, who has since retired, would have given the petitioning group better advice. “I don’t think he led us in the right direction.”
Higgins said it is now up to the people to decide in the upcoming November election.
The whole series of events, which has been going on for 19 months, began after a phone call was made in 2022 to Justice Spriggs, who was, at that time, running for a spot on the council. Spriggs won and now serves as a council member.
During the phone call, it was alleged that the caller inquired about Spriggs’ racial background. The call was made from Jacobs’ phone, but she denied that she made it, saying a relative had used her phone without permission. An investigation paid for by the City found grounds that Jacobs was not telling the truth.
A group of Columbia Heights residents, called the Concerned Citizens of Columbia Heights, supported by Mayor Amáda Márquez Simula, created a petition to recall Jacobs from office, and in July of last year the City accepted the petition and scheduled an election.
Attorney Gregory Joseph, representing Jacobs, filed a lawsuit claiming, among other things, that the petition didn’t meet the standards of “malfeasance or nonfeasance” and should be thrown out. Anoka County District Court Judge Karin McCarthy, relying heavily on the investigator’s report, said this past November there was enough evidence to proceed with the recall election.
Joseph immediately petitioned the Supreme Court to hear the case, and the petition for “accelerated review” was accepted. The court heard oral arguments on Feb. 7 and ruled two days later.
Joseph said he was not surprised by the Supreme Court’s decision. “It was clear at least as early as last July there was never any merit to the petition.”
Joseph said he will be interested to read the court’s full, formal opinion. He also said the case has a way to go yet regarding attorney fees and sanctions.
Jacobs said the series of events has taken a toll on her health as well as on her bank account, but she felt it was important to stand up to people who were doing the wrong thing. “I’m not anybody’s hero. But it was 19 months of hell.”
Going forward, she said she can’t control how other council members, who twice voted to censure her, will treat her. “That’s on them. I’ll just go in like I always do with my head held high, being polite, speaking my mind. How they treat me is on their shoulders.”
She said she will use her final nine months to continue to represent the people of the city and to push forward some city issues, specifically, increasing landlord responsibilities to tenants and keeping an eye on the number of high density housing units the city is envisioning (about 1,300 units) for the Rainbow and Medtronic sites.
Jacobs said in a statement at the council meeting Feb. 12 that she hopes the court’s decision will stop the continued attacks on her, and she thanked all the people who stood by her during this saga.
Kt Jacobs and her husband, Jake, listened to her attorney, Greg Joseph, during an October 2023 press conference. Said Joseph of the Minnesota Supreme Court decision, “there was never any merit” to the petition for a recall election. (Al Zdon)