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05-22-2008 Charter Packet
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05-22-2008 Charter Packet
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Charter Commission
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5/22/2008
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Minn. Stat. § 410.20. <br />See Minn. Const. art. VIII, <br />§ 6 and Jacobsen v. Nagel, <br />255 Minn. 300, 96 N.W. <br />2d 569 (1959). <br />Minn. Stat. § 412.222. <br />Minn. Stat. §§ 6.54 and <br />6.55. <br />Minn. Stat. §§ 471.695 to <br />471.698. <br />See Handbook Part VI. <br />See Handbook Chapters 11 <br />and 12. <br />Minn. Stat. § 351.02. <br />A.G. Op. 59a-30 (Jul. 24, <br />1996). <br />CHAPTER 4 <br />a. Recall <br />Home rule charter cities have some limited authority to provide for recall <br />elections in a charter. The Minnesota Constitution and court decisions have <br />restricted recall of elected city officials only to cases of serious malfeasance or <br />nonfeasance during the term of office in the performance of the duties of the <br />office or conviction during the term of office of a serious crime. No recall system <br />exists in statutory cities. <br />12. Accounting <br />Under the law, statutory cities may employ a public accountant or the state auditor <br />to perform an audit. By charter, cities may require an audit each year or <br />periodically, and they may designate a person to perform the audit. Charter cities <br />are also subject to the law that requires the state auditor to examine a city's <br />records on the initiative of the council or a petition of citizens. <br />State law requires all cities to publish their annual financial statements. In home <br />rule cities, the charter may require additional reports and publication of the reports <br />depending on the desires of the community The number and kinds of funds, and <br />the authority to transfer between funds, may come under charter regulation with <br />only a minimum of statutory restriction. In statutory cities, the law is more <br />restrictive on this subject. <br />13. Regulation and licensing of activities <br />Statutory cities must find a specific statute authorizing the licensing or regulation <br />of an activity before they can regulate that activity. A charter city can use an all - <br />powers provision in its charter to license or regulate activities within its borders. <br />Without an all -powers or other broad grant of authority, a charter city must find a <br />specific charter provision or state law authorizing the regulation. <br />14. Removal of council members by the council <br />State law establishes the specific situations that create vacancies in elective office. <br />A charter may not provide for removal of council members by the council for a <br />reason not explicitly stated in the statute. <br />4-20 <br />HANDBOOK FOR MINNESOTA CITIES <br />
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