09/08/2009 Council Packet (2) - Laserfiche WebLink

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• Make rules with reference to its operations and procedures - Section 410.05, subd. 2 • Submit to the chief judge of the district court each year an annual report and forward a copy of the report to the clerk of the city — Section 410.05, subd. 2 • May submit to the court the names of eligible nominees to be considered in making appointments to the charter commission — Section 410.05, subd. 3 • To meet at least once each calendar year and upon presentation of a petition — Section 410.05, subd. 4 • May discharge itself by a vote of 3/4 of its members — Section 410.05, subd. 5 • May employ an attorney and other personnel to assist in framing such charter, and any amendment or revision thereof, and direct the reasonable compensation and the cost of printing such charter, or any amendment or revision thereof, to be paid by such city— Section 410.06 • Deliver to the clerk of the city either (1) its report determining that a home rule charter for -the city -is -not necessary or desirable, or (2) the draft of the proposed charter — Section 410.07 • Any time before the council has fixed the date of the election upon the proposed charter, the charter commission may recall it for further action — Section 410.10, subd. 1 • If any charter so submitted be rejected, it may propose others until one is adopted — Section 410.10, subd. 4 • May propose amendments to a charter and shall do so upon petitions of voters — Section 410.12, subd. 1 • Modify or approve any summary of a proposed ordinance — Subd_ 410.12, subd. 1 • Transmit petitions for charter amendments to the city council — Section 410.12, subd. 3 • Review for approval or rejection . any city council proposed amendment or to suggest a substitute amendment and notify the council of any action taken Section 410.12, subd. 5 A review of the activities undertaken in October of 2008 begins with the purpose of the action and the authority to support it. The October activities particularly consisted of the Commission contracting for the production of communication material (e.g. flyers and lawn signs). The expressly conferred powers of a charter commission, as set forth above, do not include the authority to contract for flyers and/or lawn signs. Moreover, the contracts for the material are unnecessary to aid in the carrying out of an express power. In analyzing the authority of a school district to pay for literature concerning a levy referendum, the Minnesota Attorney General opined that from the school board's express authority over the "care, management and control" of school district business, the board had an implied authority to provide factual information to the public regarding the effect the vote would have on the "care, management and control" of the district. Unlike a school board or city council, a charter commission is not charged with the management and control of public property or public . employees or city business. The legislature has not enabled the charter commission with a general set of public powers, 3