05-22-2008 Charter Packet - Laserfiche WebLink

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Minn. Stat. § 410.12. A.G. Op. 59a-11 (Dec. 30, 1981). Davies v. City of Minneapolis, 316 N.W.2d 498 (Minn. 1981); Haurnanty. Griffin, 699 N.W.2d 774 (Minn.App., 2005). Minn. Stat. § 204B.071. Minn. Stat. § 410.12, subd. The officials elected and appointed under the charter may take control of the city's records, money, and property at any time specified by the charter. The charter may provide that until an election of officers occurs, the officers under the old charter will continue to function. When the new charter becomes fully operational, the re -organized city corporation is in all respects the legal successor of the corporation organized under the old charter or state law. Existing, consistent ordinances and contracts continue until the council changes them or they expire by their terms. F. Amendments to the charter Amendments may originate in one of five ways: The charter commission may propose amendments at any time. A number of registered voters, equal to 5 percent of the total votes cast at the last state general election in the city, may sign and file a petition with the charter commission. This percentage of voters cannot be changed by a provision in a charter. The petition must state the proposed amendment to the charter. The commission must submit the petition to popular vote. The amendment goes to the city clerk, who notifies the council. The council then provides for the election under the same rules that apply to a new charter. The council may not refuse to submit or change the amendment as long as it is constitutional. A city council does not need to submit an unconstitutional charter amendment or an amendment that violates state or federal law to the voters. The secretary of state is required to develop rules governing the manner in which petitions required for any election in this state are circulated, signed, filed, and inspected. The secretary of state shall provide samples of petition forms for use by election officials. The city council may propose an amendment by ordinance subject to charter commission review. The council submits the ordinance proposing an amendment to the commission, which has 60 days for review. If the commission formally requests an extension, the council may extend this review period by an additional 90 days. After the review period, the commission returns the amendment or its own substitute amendment to the council. The council submits to the voters either the amendment it originally proposed or the commission's substitute amendment.