11-08-2012 Charter Packet - Laserfiche WebLink

Home Search

Mr. Jeff Karlson August 1, 2012 --. Page 3 ISSUES 1. Are the proposed amendments constitutional? 2. If not, is the City Council required to place the proposed amendments on the November 6, 2012, ballot? DISCUSSION As an initial matter, the City's bond counsel, .Stephen Bubul, wrote you a detailed letter in which he determined the proposed "tax cap" amendment is likely unconstitutional and violates public policy of the State of Minnesota. Mr. Bubul then advised you that the City Council may lawfully refuse to submit the proposed amendment to the City's voters. Since Mr. Bubul has already addressed the City's concerns with respect to the first proposed amendment, the discussion in this letter will be limited to the second proposed amendment. I. The City Council's Obligation to Submit a Proposed Charter Amendment to the Voters. The Charter Commission is authorized to propose amendments to the City Charter. Minn. Stat. § 410.12, subd. 1. A proposed amendment must be submitted at least 17 weeks before the general election. Id. Once submitted, the proposed amendment "shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter." Minn. Stat. § 410.12, subd. 4. While "shall" is generally considered mandatory language when used in a statute, Minnesota courts recognize that a city council may refuse to submit a proposed charter amendment to the voters under certain circumstances. These circumstances include situations where a proposed charter amendment is unconstitutional, contravenes public policy, or is preempted by State law. See, e.g., Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306, 310 (Minn. 1995); Haumant v. Griffin, 699 N.W.2d 774, 779-81 (Minn. App_ 2005); Housing andSedeveiopment Authority of Minneapolis v. City of Minneapolis, 198 N.W.2d 531, 536 (Minn. 1972); Davies v. City of Minneapolis, 316 N.W.2d 498, 504 (Minn. 1982) ("When a proposed charter amendment appears manifestly unconstitutional, the City Council must have the authority to avoid what would amount to a futile election and a total waste of taxpayers' money."). The question is whether the second proposed amendment defining the scope of the Charter Commission's authority falls within one or more of those situations. II. The City Council May Lawfully Refuse to Submit the Second Proposed Charter Amendment to the Voters. The second proposed Charter amendment is, in part, an effort by the Commission to expand its own authority. Because the Legislature is constitutionally vested with the authority to provide the framework for creating charter commissions and has enacted Chapter 410 of the Minnesota Statutes in