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10/05/2005 Council Packet
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10/05/2005 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
10/05/2005
Council Meeting Type
Work Session Regular
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04/13/2005 10:11 LAW OFFICE 2140 4TH RUE 4 6519522499 <br />Law OFFICES OF <br />NO.570 D02 <br />William G. Hawkins and Associates <br />Wa.Luevi G. HAwlorrs <br />Lcgoi Assistants <br />TAMMI J. UVEGES <br />BARRY A. StrulvAN HOLLY G. PROVO <br />April 12, 2005 <br />Gordon Heitke <br />City Administrator <br />City of Lino Lakes <br />600 Town Center Parkway <br />Lino Lakes, MN 55014 <br />Re: City Charter <br />Dear Mr. Heitke: <br />2140 FouIrrx AVENUE Noxrx <br />AxoKA, MINNESOTA 55303 <br />PHONE (763) 427 -8877 <br />FAX (763) 421 -4213 <br />E-MAIL HawkLawl @aacom <br />I am responding to your request for my opinion concerning the legal authority of the <br />Lino Lakes City Charter Commission and what areas of responsibility they are charged <br />with pursuant to Minnesota law. <br />Minn. Stat. § 410 deals with the appointment of charter commissions and their duties <br />and responsibilities. <br />Minn. Stat. § 410.05, Subd. 1 states the following: "When the district court of the <br />judicial district in which a city is situated, deems it for the best interest of the city to <br />do so, the court, acting through its chief judge, may appoint a charter commission to <br />frame and amend a charter." <br />It should be pointed out that the Charter Commission is not a separate corporate or <br />political entity that has powers beyond those set out in Minn. Stat. § 410. There is <br />no authority found in this statute for the Charter Commission to institute lawsuits, <br />commence enforcement actions for violation of the charter or require the other City <br />advisory commissions or the City Council to appear before the commission or to <br />provide information to the commission not related to the primary function of the <br />Charter Commission to consider framing and amending the charter. <br />You have provided me with the agenda for a joint meeting between the Charter <br />Commission and the City Council for April 6, 2005. A question has been raised of <br />
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