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SSeverson, Sheldon, Dougherty Et Motenda, P.A. <br />111 <br />EVERSON SHELDON <br />Attorneys I Advisors <br />MEMORANDUM <br />TO: Dan Tesch, Director of A6ministration <br />FROM: Michael G. Dougherty <br />DATE: April 10.2009 <br />: Summary of Attorney Opinion <br />In accordance with your request, the following summarizes the key components of our written opinion <br />dated Apni. 6, 2009, regarding the investigation of Charter Commission Materials. <br />s The Charter Commission has limited powers which are enurneraled in Chapter 410 of the <br />Minnesota Statutes. <br />• The Charter COMIlliSSi012 may •only contract for: (1) the employment of an attorney and other <br />personnel to assist in framing- a charter and any amendment or revision and (2) the cost of <br />minting the chatter and any amendment or revision. <br />• The Charter Commission does not have any express or implied powers to prepare or contract for <br />the preparation of flyers, lawn signs and/or Web sites. <br />• The Charter Commission has no express or implied power to manage and control public property, <br />public employees or city business,. <br />• Minnesota Statutes limit the City of Lino Lakes' payment of Charter Commissiori expenses (cost <br />of attorney and other personnel assisting in the amendment or revision of the charter and cost or <br />printing) to $1,500.00 per year, <br />• The City of Lino Lakes may exceed the $1,500.00 per year limit if the Cotmcil deems the excess <br />payment (cost of attorney and other personnel assisting the amendment or revision of the charter <br />and cost of printing) to be necessary. <br />When directed by the Charter Commission for payment, the payment made by the City of Lino <br />Lakes shall be paid directly to .the vendor (attorney or printer). <br />cc: Al Rolek. Finance Director <br />• <br />• <br />• <br />