01-12-2012 Charter Packet - Laserfiche WebLink

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This language raises several issues. First, the purpose of the initial phrase, "The City shall have an ongoing Charter Commission" is unclear. Under Minnesota law, charter commissions continue to exist unless discharged, Minn. Stat. 5C 410.05. If the intent was to essentially restate that fact, then there is no purpose to it. If, by using the word "ongoing," the intent was to make the commission perpetual, then it is contrary to state law. Pursuant to Chapter 410, the commission can discharge itself or voters can do it in a referendum. Minn. Stat. § 410.05, subd. 5. Those discharge rights cannot be abrogated via the charter. Thus, the language appears to be without substance or invalid. Second, stating that the Commission has the responsibility for "maintaining and updating the Charter" basically restates the law without adding or clarifying anything. Minnesota Statutes Chapter 410 already sets forth the Commission's authority. Third, stating that it is the Commission's responsibility to inform residents of the meaning or impact of proposed amendments is problematic. Recall the issue that arose approximately two years ago when the Commission sought to inform voters by initiating a "Vote No" campaign. The legal opinion obtained at that time from outside counsel concluded that charter commissions have limited authority, and such authority does not include the production and distribution of informational materials. This proposed amendment appears to be contrary to that opinion; it seeks to establish powers that the City already determined the Commission does not and cannot have. Informing residents of issues pending before the City is the City's job (see Charter section 12.12). If charter commissions are to have that power, it needs to come from the legislature through an amendment to Chapter 410. Finally, the last sentence states that Commission members shall be appointed by the Chief Judge and shall receive no compensation. This .simply restates existing law. Minn. Stat. §§ 410.05, subcL 1, 410.06. Section 1.05 Amendments to this Charter The proposed language is as follows: All proposed amendments to the Charter and corresponding ballot wording shall be submitted to the Charter Commission for review. The City Council may not directly or indirectly use public funds to inform the public about an amendment unless the City Council provides the Charter Commission with equal funds and opportunities to inform the public about the amendment. This amendment raises issues similar to the previous amendment. The first sentence, requiring that all proposed amendments be submitted to the Commission for review, is duplicative of Chapter 410. Amendments can be initiated by the Commission itself, by voters via petition, or 2