05-19-2016 Charter Packet - Laserfiche WebLink

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o NOTE: Council may not refuse to submit or change the amendment as long as it is constitutional. A City Council does not need to submit an unconstitutional charter amendment or an amendment that violates state or federal law to the voters. • Language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. PROCEDURE FOR AMENDMENT BY CHARTER COMMISSION RECOMMENDATION: Charter Commission Recommendation for Approval of Amendment by Ordinance: • Charter Commission makes recommendation to Council by filing notice with City Clerk • Within 1 month of filing notice with the City Clerk the Council must publish notice of a public hearing of the proposal • Notice must contain the text of the proposed amendment • Public hearing must be held between 2 weeks and 1 month after notice is published • Council must vote on amendment within 1 month of public hearing • Amendment approved only if Council vote is unanimous • Ordinance amending charter published in same manner as other ordinances of the City • Ordinance becomes effective 90 days after passage and publication, unless a later date is provided for in the ordinance • Within 60 days after passage and publication, a petition signed by registered voters equal in number to at least 5 percent of the registered voters in the City or 2,000, whichever is less, may be submitted to force a referendum on the amendment. • If voters file a proper petition, the City must handle the amendment like any other charter amendment, except the Council may submit the ordinance at a general or special election that occurs within 60 days after filing the petition, or it may reconsider its action in adopting the ordinance. • If ordinance is submitted by the Council to the voters, language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. Charter Commission Recommendation for Approval of Amendment by Election: • Charter Commission makes recommendation to Council by filing notice with City Clerk • Proposal must be submitted to Council at least 17 weeks prior to the general election • Council must provide for election as long as amendment is constitutional and does not violate state or federal law • Language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. This summary of MN Statute is intended for informational purposes only and should not be construed as legal advice. Persons seeking amendment of their City Charter are advised to work cooperatively with their City staff and to seek appropriate legal counsel. Page 2 Anoka County Elections and Voter Registration - January 2016