05-22-2008 Charter Packet - Laserfiche WebLink

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Minn. Stat. § 410 .12, subd. 7. Minn. Stat. § 410.12, subd. 6 Minn. Stat. §§ 410.10, 410.12, 410.04. Minn. Stat. § 410.12, subd. 1. CHAPTER 4 The charter commission may recommend the council amend the charter by ordinance. In this case, within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing of the proposal. The notice must contain the text of the proposed amendment. The city must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The vote must be unanimous, including approval by the mayor if the mayor has veto power. The ordinance proposing the amendment is subject to the same publication requirements as other ordinances. The ordinance does not become effective for 90 days. During the first 60 days, registered voters equal to 2 percent of the votes at the last state general election or 2,000 voters, whichever is less, may submit a petition forcing a referendum on the amendment. If voters file a proper petition, the city must handle the amendment like any other charter amendment, except the council may submit the ordinance at a general or special election that occurs within 60 days after filing the petition, or it may reconsider its action in adopting the ordinance. In cities of populations less than 10,000, the council may propose amendments by ordinance without submitting them to the charter commission. Four-fifths of the council members must vote for the ordinance. Two weeks published notice is necessary before the vote. The council must then submit the ordinance to the voters like any other amendment. 1. The vote on an amendment The election concerning proposed amendments and the arrangement of the ballot are substantially the same as in the case of the adoption of a new charter. An amendment needs the favorable vote of 51 percent of those voting on the question. When an amendment to a charter is proposed by the charter commission or petitioned for by the voters of the city, the proposed amendment must be submitted at least 12 weeks before the general election. Amendments, like charters, need the clerk's certification. Copies must be filed in the offices of the secretary of state and county recorder, as well as in the clerk's office. Amendments take effect either at the end of 30 days after the election, or at some other time if the amendment so specifies. The law also allows for alternative proposals. The League of Minnesota Cities Charter Assistance Program would also appreciate receiving a copy in order to keep the LMC charter collection up- to-date. State and local libraries and the Minnesota Historical Society are also suggested recipients. A city may also want to consider posting charter amendments to its web site to keep the online charter up-to-date. 4-14 HANDBOOK FOR MINNESOTA CITIES 1