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City of Lino Lakes September 8, 2008 Page 4 of 8 Finally, as I've noted in prior correspondence regarding the petition, Minnesota Courts are likely to construe statutes governing petitions in favor of petitioners, who are usually "laymen, not skilled in the technical aspects of law." Bogen v. Sheedy, 304 Minn. 62, 71, 229 N.W.2d 19, 24 (1975). The Charter Commission, by contrast, is a governmental body represented by legal counsel, and therefore presumably has less difficulty meeting statutory requirements. In my view, Minnesota courts would dismiss any claim that the petition should be rejected as untimely, and likewise would dismiss any claim that the Charter -Commission amendment --submitted three weeks late --should be accepted for ballot approval for the November 4, 2008 election. In short, none of the objections raised in Ms. Marty's letter are persuasive, and I continue to recommend that the City Council decline the request to approve the ballot form for the proposal described in the Charter Commission chair's September 4, 2008 letter. I will be at the September 8, 2008 City Council work session and regular meeting to answer any questions you may have. Very truly yours, 740, Stephen Bubul SJB c: Gordon Heitke Julie Bartell Karen Marty Attachments: Letter from Karen Marty dated September 5, 2008 Letter from Stephen Bubul to Gordon Heitke and Julie Bartell 339370v1 SJB LN140-86