01-17-2008 Charter Packet - Laserfiche WebLink

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5-1--f "i b k.k. CGS a r te. Co w rn s s o.v 1-1-7—ZOOS' LEGAL MEMORANDUM Note: This Memorandum contains legal advice between an attorney and client, and should not be distributed to or shared with any third parties. TO: CHAIR OF THE LINO LAKES CHARTER COMMISSION FROM: KAREN E. MARTY, ATTORNEY AT LAW DATE: January 11, 2008 Question: If the city council ignores the statutory timeline for submitting a charter amendment to the voters, does it face liability? What may a charter commission do to assure that the charter amendment is timely submitted to the voters? The statute does not specify a penalty, and there are no cases on point. Generally, when a charter amendment is presented to a city, and a city fails to submit it to the voters, the presenter then files a mandamus lawsuit, to force the city official to place the matter on the next general election (or, if the deadlines for the general election have passed or are too far away, to call a special election to decide the matter). There does not appear to be a specific penalty imposed on any city official who fails to properly schedule an election. Does the Charter Commission want this matter addressed soon? If so, it should bring the statutory deadlines to the attention of the city officials. A tactful way of doing this would be to send the city clerk a letter: Thank you for sending me a copy of the Work Session Staff Report regarding the Charter Amendment Process. I am pleased to see that the City Council will be considering this matter in the near future. However, I am confused by the dates listed. Under Minn. Stat. Sec. 410.12, Subd. 5, once the Charter Commission has reviewed a proposed amendment submitted by the City Council, the City Council is to hold an election on either its proposed amendment or the substitute amendment "in the same manner as provided in subdivision 4". Under Minn. Stat. Sec. 410.12, Subd. 4, "Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter." Election provisions for an original charter are specified in Minn. Stat. Sec. 410.10, Subd. 1, which states: "Upon delivery of such draft, the council or other governing body of the city shall cause the proposed • charter to be submitted at the next general election thereafter occurring in the city within six months after the delivery of such draft, and if there is no general city election occurring in the city within six months after the delivery of such draft, then the council or other governing body of the city shall cause the proposed charter to be submitted at a special election to be held within 90 days after the delivery of such draft."