Mountain Iron officials will have to go through the formal process to remove Steve Giorgi from the city’s Economic Development Authority, more than a month after the city council voted to oust him without following procedures required under state law.
City Attorney Bryan Lindsay issued a memorandum to the council following its Oct. 5 regular meeting, advising members that Giorgi must be given at least 10 days’ notice of the charges against him and an opportunity for a hearing before he can be removed from the EDA.
Lindsay previously told council members he would prepare a memorandum addressing the issue, but was not present at the Oct. 5 meeting.
The development follows weeks of questions over the council’s Sept. 8 decision to remove Giorgi from both the EDA and the city’s Planning and Zoning Commission.
The council voted 3-2 to remove Giorgi following criticism of his conduct toward city officials, including City Administrator Craig Wainio and Lindsay. Councilors Alan Stanaway and Julie Buria supported the removal, with Mayor Peggy Anderson casting the deciding vote.
But Minnesota Statute 469.095 establishes specific requirements for removing an EDA commissioner. Under the law, removal is permitted for inefficiency, neglect of duty or misconduct in office, and only after a hearing. The commissioner must receive written charges at least 10 days before that hearing and be allowed to respond personally or through an attorney.
None of those steps occurred before the Sept. 8 vote.
Giorgi, who served as president of the EDA, challenged the council’s action in letter to Anderson and council members. He read the letter at the Oct. 5 meeting.
“So, there is no denying, the city did not follow the law,” Giorgi said. “I was not provided any notice or provided with any specific charges as listed in said law, nor was a hearing conducted.”
He also disputed the accusations about his behavior, saying other members of the EDA defended his conduct during the Sept. 8 meeting.
Giorgi questioned Anderson’s assertion that someone had previously spoken with him about his conduct.
“I can assure you that no one from this council or administration has ever contacted me regarding my conduct,” he said.
The dispute began amid growing frustration among commission members over what they described as a lack of follow-through by city officials on zoning enforcement matters.
Following Giorgi’s removal, four members of the Planning and Zoning Commission resigned, leaving the commission with a sharply reduced membership and vacancies on other committees.
In his letter, Giorgi pointed to those resignations as evidence of broader frustration with the city’s handling of zoning violations.
He also criticized the delay in obtaining a legal cost estimate for pursuing enforcement action against four alleged zoning violators, saying more than six weeks had passed since the council directed Lindsay to prepare the proposal.
Giorgi challenged an earlier suggestion that his removal could be treated as a suspension, noting that state law also places conditions on the temporary suspension of EDA commissioners.
Under the statute, a commissioner may be temporarily suspended when written charges have been submitted. If the charges are not substantiated, the commissioner must be immediately reinstated.
The law also requires a record of removal proceedings, including the charges and findings, to be filed with the city clerk.
The council is expected to revisit the issue at its Oct. 19 meeting. What action it will take on Giorgi’s EDA position or what specific charges, if any, it will bring against him is unknown.
“My intent here is to provide you with guidance on the need to follow the law as a public official,” Giorgi said. “Do the right thing.”
