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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 AUE -* 6519822499 <br />Mr. Gordon Heitke <br />April 12, 2005 <br />Page 2 <br />N0.570 P03 <br />whether or not these topics are outside the purpose and authority of the Charter <br />Commission. Unless these topics are related to consideration of an amendment of the <br />existing Charter, I do not believe that the City Council is under any legal obligation to <br />engage in any discussions or obtain direction from the Charter Commission. Section <br />2.01 of the Charter states: "AII powers of the City are vested in the Council." There <br />is no provision in Minnesota law or in the City Charter that requires them to seek the <br />advice, consent or approval of the Charter Commission for any of these subjects on <br />the agenda. Whether or not the City Council wishes to discuss any of these items <br />with the Charter Commission is purely at the discretion of the City Council. <br />I further note that the issue of a city charter commission budget is addressed in Minn. <br />Stat. § 410.06. This statute states the following: <br />"The members of such commission shall receive no <br />compensation but the commission may employ an attorney <br />and other personnel to assist in framing such charter and <br />any amendment or revision thereof, and the reasonable <br />compensation, and the cost of printing such charter, or any <br />amendment or revision thereof when so directed by the <br />commission shall be paid by the city. The amount of <br />reasonable and necessary charter commission expenses <br />that should be paid by the city shall not exceed in any one <br />year the sum of $1,500; but the council may authorize <br />such additional charter commission expenses as it deems <br />necessary." <br />It is my opinion that the City Council is obligated to pay up to $1,500 for reasonable <br />and necessary expenses but any further expenses beyond that are at the discretion of <br />the City Council. <br />I hope this clarifies the law regarding the relationship of the City Charter Commission <br />to the City Council and the authority of the Charter Commission pursuant to <br />Minnesota statute. <br />WGH /tju <br />
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