05-22-2008 Charter Packet - Laserfiche WebLink

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Minn. Stat. § 410.10, subds. 1, 2. A..G. Op. 442-A-20 (Jul. 18. 1927); A. G. Op. 442- A-20 (Jul. 10, 1952); A. G. Op. 476-B-2 (Apr. 29, 1954). The charter commission may recall its proposed charter at any time before the council has fixed a date for the election. The council may authorize the commission to recall the charter at any time prior to its first publication. The notice of election must include the complete charter. The notice must be published once a week for two successive weeks in the official newspaper and may also be published in any other legal newspaper in the city. In First Class cities, the publication must be made in a newspaper having a regular paid circulation of at least 25,000 copies. a. The charter campaign Charter commission members have differed in their views of the role of the charter commission and its members in the charter campaign. The law does not give the commission any responsibility after the charter has left the commission, nor does it set any restrictions. Some charter commissions have served as the principal sponsoring organization for the charter. Commission members have been responsible for publicity and have made public speeches on the charter's behalf. In other cities, the commission as a whole has not been involved in the campaign, but sometimes individual members have participated. Because the statutes do not address the subject, what commission members do will depend on their perception of an appropriate role. Surely no other group is likely to know more about what the charter contains and why, and none is likely to be more interested in the outcome of the charter election. No outsider can give much advice on how to campaign for adoption of the charter. Local conditions and the kind of opposition that might develop will determine the necessary community response. Overconfidence, however, frequently results in the defeat of a charter. The opposition is usually vocal and well organized. It is no easy task, especially at a general election, to get the necessary majority to vote in favor of the charter. Frankness and honesty about the contents of the charter can help to disarm opposition. Throughout its entire proceedings, the commission should inform the public of its actions. Charter commissions should keep in mind that expenditure of public funds to promote a particular election outcome may be questionable. While efforts to inform voters about the charter and to encourage voters to cast their ballot seem reasonable, a "vote yes" campaign brochure is more questionable. Campaign efforts by commission members in their role as private citizens seem acceptable, provided they do not claim to speak for the entire commission.