05-22-2008 Charter Packet - Laserfiche WebLink

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Minn. Stat. § 410 05, subd. 5. Minn. Stat. § 410.05. subd. 4. Minn. Stat. § 410.12, subd. 1. Minn. Stat. § 410.12, subd. 1. Minn. Stat. § 410.05. subd. 1. Minn. Stat. § 410.07. Minn. Stat. § 410.06. 3. Functions of a charter commission Unless the charter commission of a statutory city determines that a home rule charter is not necessary or desirable and discharges itself by a vote of three- fourths of its members, the city is never legally without a charter commission. The commission's function is to continue to study the local charter and government. The commission is required by law to meet at least once each calendar year. In addition, the commission must meet upon presentation of a petition signed by at least 10 percent of registered voters, according to the last annual city election, or by resolution of a majority of the city council. Further, the commission must specifically convene to propose charter amendments upon presentation of a petition of at least 5 percent of the number of votes cast at the last state general election in the city. If voters reject the first charter proposed by a commission, the commission may continue to submit proposals until the voters finally adopt one. Thereafter, the commission may submit new charters or amendments to the old charter, whenever it sees fit. The charter commission is like a standing constitutional convention. It has the power to propose charter changes at any time. If the city's charter does not work or proves to be faulty in operation, it is the commission's duty to propose improvements. It should, therefore, meet at regular intervals at least twice a year, and keep its organization intact should any emergency arise. 4. Drafting the charter Within 30 days after its appointment, the charter commission must make rules, including quorum requirements, on its operations and procedures. The commission must file an annual report of its activities with the chief judge on or before Dec. 31 of each year, and must send a copy of the report to the city clerk. In a city without a home rule charter, the new charter commission must deliver to the city clerk as soon as practicable, a report that states a home rule charter is not necessary or desirable, or the draft of a proposed charter. A majority of the members of the commission must sign the report or the charter draft. Drafting a city charter is a complex and difficult job that requires special skill. A charter commission may, subject to the dollar limitations contained in the law, employ an attorney and other personnel to assist in drafting a charter. Before getting too far along in the process, a charter commission should seek advice on what should be included in a charter and should also submit a draft to an impartial expert for final review.