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Mr. Jeff Karlson August 1, 2012 Page 5 Second, the phrase indicating that one of the Commission's duties is "informing residents of the meaning or impact of the proposed Charter amendments" is an unlawful expansion of the duties of the Commission. As discussed in Michael Dougherty's 2009 memorandum to the City, the Commission does not have authority to produce and distribute educational materials. Cities and school districts have implied authority to create factual materials for dissemination to the public, but that authority is derived from express statutory responsibilities to manage and control public property, public employees, or public business. Abrahamson v. St. Louis County School District, 802 N.W.2d 393, 402-3 (Minn. App. 2011). The Charter Commission does not have similar responsibilities, so no authority for informing the public can be implied. See November 4, 2005 letter from the State Auditor to Eagan City Administrator Thomas L. Hedges (Outlining State Auditor's position that Eagan Charter Commission "lacked authority to produce and distribute even an educational flyer."). Indeed, the Charter itself indicates that it the City Council's role to inform the public. Charter § 12.12. The proposed amendment language for Section 1.04 is inconsistent with the Commission's limited statutory authority. Turning to the language of the proposed Section 1.05, the requirement that 141 proposed amendments to the Charter and corresponding ballot questions shall be submitted to the Charter Commission for review" is an unconstitutional expansion of power. The Charter Commission has no authority to review a Charter amendment proposed by petition of City voters. Minn. Stat. § 410.12, subd. 1; see also Op. Atty. Gen. 58c (July 5, 1968) ("where the proposed charter amendment is made by a petition of the voters, the charter commission has no power to inquire into the validity of the petition itself and shall propose the amendment"). The legislature disallowed such review when a citizen petition is involved. Likewise, the Commission lacks statutory authority to draft and review the ballot question related to a proposed Charter amendment. By statute, the Council is expressly vested with the authority to draft such ballot questions. Minn. Stat. § 410.12, subd. 4. The Commission cannot seek to amend the Charter in a manner that flatly contradicts state law. The second half of the proposed Section 1.05 regarding the use of public money to inform voters -is also an attempt to instill the Charter Commission with authority not granted by the legislature. As discussed above, the Commission cannot seek to grant itself authority to create informational materials. Such an expansion of power would be_unconstitutional. Likewise, the Commission- cannot acquire the authority to insist that the City provide "equal funds and opportunities" for such purposes. The City's obligation to provide funds to the Commission is outlined in Minnesota Statutes section 410.06. This obligation is essentially limited to providing reasonable and necessary funding for (1) the employment of an attorney or other person to assist with the process of framing or revising the Charter, (2) the cost to print the Charter or a revision, or (3) certain administrative expenses incurred for the purpose of framing or amending the Charter, such as a reasonable and necessary room rental fee. Minn. Stat. § 410.06. Nothing in this statute deals with funding informational campaigns. Moreover, the City's obligation to provide funding is capped at $1,500 per year unless the City Council elects to authorize additional funding on its own initiative. Id.