My WebLink
|
Help
|
About
|
Sign Out
Home
Search
08-04-14 Council Packet
LinoLakes
>
City Council
>
City Council Meeting Packets
>
1982-2020
>
2014
>
08-04-14 Council Packet
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
10/14/2014 2:39:38 PM
Creation date
8/6/2014 8:36:24 AM
Metadata
Fields
Template:
City Council
Council Document Type
Council Packet
Meeting Date
08/04/2014
Council Meeting Type
Work Session Regular
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
221
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Jeff Karlson <br />July 16, 2014 <br />Page 3 <br />We have identified three provisions of the proposed amendment, however, that conflict with <br />State law. <br />The City Council must Confirm or Redefine Ward Boundaries. <br />Under the Minnesota Election Law, the city council is responsible for drawing ward <br />boundaries. The proposed amendments, however, requires that the Commission "determine <br />the council election wards (districting)." While there are some instances in which a charter <br />provision will control over a conflicting state law, that is not the case with respect to election <br />districts. <br />Minnesota 'Statute section 205.84 applies to "a city electing council members by wards." <br />Minn. Stat. § 205.84, subd. 1. In ward - election cities, "[ajfter the official certification of the <br />federal decennial or special census, the governing body of the city shall either confine the <br />existing ward boundaries as conforming to the standards of subdivision 1 or redefine ward <br />boundaries to conform to those standards as provided in section 204B.135, subdivision 1." Id., <br />subd. 2. Further, "[i]f the governing body of the city fails to take either action within the time <br />required, no further compensation shall be paid to the mayor or council member until the wards <br />of the city are either reconfirmed or redefined as required by this section." Id. "` Governing <br />body' means... the elected council of a city." Minn. Stat. § 200.02, subd. 10. In short, both <br />the requirement to set the ward boundaries and the penalty for failing to do so lie entirely on <br />the city council. <br />This statute applies to Lino Lakes and controls over any contradictory Charter <br />provisions. Under Minnesota Election Law, the general term "city" "means a home rule <br />charter or statutory city." Minn. Stat. § 200.02, subd. 8. Lino Lakes is a home -rule charter <br />city. "The Minnesota Election Law applies to all elections held in this state unless otherwise <br />specifically provided. by law." Minn. Stat. § 200.015. <br />The Commission may have relied on section 410.21, which states that charter provisions <br />"shall be valid and shall control as to.. , elections for municipal offices, notwithstanding that <br />such charter provisions may be inconsistent with any general law...." That statute, however, <br />was adopted in 1909, whereas section 205.84 was made applicable to charter cities in 1999. <br />Minn. Laws 1999, Ch. 237, § 3. These specific election law provisions, having been enacted <br />later in time than section 410.21, take precedence. See Minn. Stat. § 645.26 (stating that <br />specific and more recent statutory provisions control over general and older provisions). <br />This conclusion is shared by the attorney general. See Minn. Atty. Gen. Op. 64F, 1995 <br />WL 647731 (Oct. 27, 1995). In that Letter Opinion, the Attorney General noted that, while <br />section 410.21 states that charter provisions regarding certain specified electoral issues control <br />
The URL can be used to link to this page
Your browser does not support the video tag.