04-13-2006 Charter Packet - Laserfiche WebLink

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Ms. Julianne Bartell April 25, 2006 Page 2 There is a different procedure that can be followed and which potentially does n t involve submitting charter amendments to the voters on a ballot. This procedure is set orth in § 410.12, Subd. 7. Under this procedure, it is initiated by a recommendation from the Charter Commission to the City Council to enact an ordinance amending the Charter. The City Council can adopt the ordinance but the vote adopting the ordinance requires an unanimous vote of the City Council members. There must also be a public hearing. The ordinance does not become effective until 90 days after passage to allow for a counter-petition requesting a referendum on the ordinance. If an adequate petition is received, the ordinance would not be effective until approved by voters. In this case, the proposed Charter amendment was initiated by citizens and not a recommendation from the Charter Commission. Consequently, the City Council is following the correct procedure. Should the Charter Commission wish to affirmatively recommend adoption of the Charter amendment to the City Council, the City Council could hold a public hearing and vote on the matter. If there was a unanimous vote to approve, the Charter amendment would be approved subject to the referendum procedures. If the vote is less than unanimous, the proposed amendment fails. realize that the City Council unanimously approved the proposed Charter amendment, i.e., unanimously approved sending the proposed amendment to the Charter Commission for review and comment. While it may be that the City Council would unanimously approve the Charter amendment based upon a recommendation from the Charter Commission, it may also be that one or more members of the City Council believe that the process should involve the voters as the proposed amendment does reflect a change in public policy. In other words, substantive changes to the Charter and the manner in which subsequent changes to the Charter are made are two separate policy questions.