07-13-2006 Charter Packet - Laserfiche WebLink

Home Search

LAW OFFICES OF William G. Hawkins and Associates WILLIAM G. HAwIuNS Legal Assistants TAMMI J. UVEGES BARRY A. SuurvAN HOLLY G. PROVO May 12, 2006 Julianne Bartell Lino Lakes City Clerk Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 Re: Proposed Lino Lakes Charter Amendment Dear Ms. Bartell: 2140 FOURTH AVENUE Noirri4 ANOKA, MINNESOTA 55303 PHONE (763) 427-8877 FAX (763) 421-4213 E -MAR. Haw1cLawl@aol.com have reviewed your letter of May 5, 2006 regarding the proposed amendment to the Lino Lakes City Charter which would prohibit City Council members from also being members of the Charter Commission. The City Council is requesting that this office answer two questions. First, assuming the Charter Commission makes a timely recommendation to the City Council on the proposed amendment, must the vote of the City Council to place the proposal on the ballot be unanimous? No, a simple majority is all that is required. In this case, the proposal was initiated by the City Council after receiving a request from residents. The process is for the Council to submit the proposal to the Charter Commission and allow the Commission and appropriate period of time to approve or reject the proposed amendment or suggest a substitute amendment. Upon notification of the Charter Commission's action, the Council may submit the proposal to the voters. A unanimous vote in this circumstance is not required. Minn. Stat. § 410.12, Subd. 5 (2004). A unanimous City Council vote is only required in those instances where the proposal to amend the Charter was initiated by the Charter Commission and the Council determines to adopt that proposal and bypass the voters. Second, if the Charter Commission fails to take timely action on the proposed amendment, can the City Council nonetheless vote to place the proposed amendment on the ballot. Yes. The statute requires the Charter Commission to review the - 1 5 -