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Home My WebLink About2014-077 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-77 RESOLUTION DECLINING SUBMISSION OF PROPOSED CHARTER AMENDMENT FOR ELECTION WHEREAS, on July 7, 2014, the Lino Lakes Charter Commission submitted to the City Clerk a proposed amendment to the City Charter and requested that the amendment be submitted to the voters at the general election on November 4, 2014, all in accordance with Minnesota Statutes, Section 410.12, subdivisions 1 and 4; and WHEREAS, the proposed amendment requested a ballot question that would split the city into four wards, with one city council member elected from each ward (The text of the proposed amendment is attached hereto as Exhibit A); and WHEREAS, the City Council, in consultation with the City Attorney, has determined not to submit the Ward System Amendment to the voters for the reasons described below. 1. The proposed Charter amendment requires that the Commission "determine the council election wards (districting)," which conflicts with Minnesota law. State law places sole control over ward boundaries with the City Council, which is referenced in Minnesota Statutes, Section 205.84. 2. The proposed amendment conflicts with Minnesota Election Law, which provides a window of time during which ward boundaries must be redrawn. The proposed amendment requires that the ward boundaries be filed far earlier than the legislative boundaries, which is expressly prohibited. 3. The proposed amendment is in conflict with the statutory requirement that only the City Council "may authorize such additional charter commission expenses as it deems necessary." Minn. Stat. §410.06. The City Council cannot be forced to provide additional funds to the Charter Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that for reasons set forth in the City Attorney's Opinion Letter, dated July 16, 2014, and as summarized above, the Council declines to submit the Ward System Amendment to the voters. Approved by the City Council of the City of Lino Lakes this 11th day of August 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member ct-.i-t-(-1 and was duly seconded by Council Member S-roesz_ and upon vote being taken thereon, the following voted in favor thereof: Gi- 4.-j-11 17-1-0.e s z , Roe Svl. , 9-frA wtewt, The following voted against same: No►.. ATTEST: `.. J ' nne Bartell, City C rk Jeff Reinert, or L., AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson MEETING DATE: August 11, 2014 TOPIC: Consideration of Resolution Declining Charter Amendment VOTE REQUIRED: Simple Majority (3/5) INTRODUCTION The Council is being asked to consider a resolution declining to submit a proposed charter amendment to election. BACKGROUND On July 7, 2014, the Lino Lakes Charter Commission submitted a proposed amendment to the City Charter requesting that it be submitted to the voters for the November 4th general election. The proposed amendment requested a ballot question that would split the city into four wards, with one city council member elected from each ward. In a written opinion, dated July 16, 2014, City Attorney Joe Langel identified three provisions in the amendment that conflict with state law. Mr. Langel is recommending that the amendment not be submitted to the voters for reasons described below. 1. The proposed Charter amendment requires that the Commission determine the council election wards (districting), which conflicts with Minnesota law. State law places sole control over ward boundaries with the City Council, which is referenced in Minnesota Statutes, Section 205.84. 2. The proposed amendment conflicts with Minnesota Election Law that provides a window of time during which ward boundaries must be redrawn. The proposed amendment requires that the ward boundaries be filed far earlier than the legislative boundaries, which is expressly prohibited. 3. The proposed amendment is in conflict with the statutory requirement that only the City Council may authorize such additional charter commission expenses it deems necessary (Minn. Stat. §410.06). The City Council cannot be forced to provide additional funds to the Charter Commission. RECOMMENDATION It is recommended that the Council adopt Resolution No. 14-77, declining submission of proposed charter amendments to election. ATTACHMENTS Resolution No. 14-77, "Resolution Declining Submission of Proposed Charter Amendment for Election." EXHIBIT A Text of Charter Amendment Submitted by Charter Commission Ward System Amendment: Section 2.03. Council Composition and Election. Subdivision 1. The Council shall be composed of a Mayor and four (4) Council Members who shall be qualified electors in the City of Lino Lakes and who shall be elected at large. Council Members shall serve for a term of four (4) years and/or until a successor is elected and qualifies. The Mayor shall be elected at large and shall serve for a term of two (2) years and/or until a successor is elected and qualifies. Subdivision 2. Each member of the Council shall be elected from a separate ward. Voters may only vote for a candidate for the Council ward seat within which the voters reside. Council Members must reside within the ward from which they are elected. Is a Council Member moves within the City from such Council Member's elective ward, or if Council Member is excluded form a ward as a result of districting or redistricting, such Council Member's term of office shall expire on January first following the next regular City election. Subdivision 3. For the purposes of electing City council members, the City shall be divided into four (4) serially numbered wards. These wards shall be as equal in population as practicable and each ward shall be composed of compact, contiguous territory. Ward boundaries shall follow visible, clearly recognizable physical features as required by state law. Subdivision 4. Upon enactment of these provisions, and after every Federal decennial census, the Charter Commission, after public hearings, shall determine the council election wards (districting) in the manner described in this section. The public hearings shall be held after published notice of said hearings, and opportunity to speak shall be allowed members of the public upon such reasonable terms as the Commission shall adopt. The Commission shall adopt its districting resolution by a majority vote of its entire membership and file it in the office of the City Clerk no later than the first Tuesday in June prior to the first election after the Federal decennial census. The Council shall provide for a sum of money, adequate for this purpose, to be used by the Commission to hire staff to aid it in preparing its districting plan. Joseph J. Langel Direct Phone: (612) 225-6837 Direct Fax: (612) 225-6860 jj1(ratwiklaw.com 1' oszak Maloney. July 16, 2014 Jeff Karison City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 RE: Charter Amendment - Wards Our File No. 4021-0130 Dear Mr. Karlson: In recent communications, you asked for an opinion on the following: FACTS On June 25, 2014. the Lino Lakes Charter Commission ("Commission") voted to propose an amendment to the City Charter for public approval in the November 4, 2014, general election. The language of the proposed amendment is as follows: Section 2.03. Council composition and election. Subdivision 1. The Council shall be composed of a Mayor and four (4) Council Members who shall be qualified electors in the City of Lino Lakes and -who -shall be elected at large. Council Members shall serve for a term of four (4) years and/or until a successor is elected and qualifies. The Mayor shall be elected at lame. and shall serve for a term of two (2) years and/or until a successor is elected and qualifies. 730 Second Avenue South. Suite 300. Minneapolis. MN 55402 • p (612) 339-0060 • 1 (612) 339-0038 • www.ratwlklawcotn iY tt.7 3tt i ! 1a1mnf: Terterice J. Foy,: Ann R. ("joining Nancy E. Blumstein'' fseph J. Langer Mitma e; A. `keitor Jennifer K., Earley Eric J. ()airing Erin E. Benson Christian R. Shafer Timothy A. Sullivan Nathan B. Shepherd Ashley R. i;eisetkdorfer Also atlniitted in Wl Paul C. Raa'wik (Retired John M. Roszak (1944 - 2)) i 1 ) Jeff Karlson July 16, 2014 Page 2 Subdivision 2. For the purposes of electing City council members. the City shall be divided into four (4) serially numbered contiguous Council election wards. Each member of the Council shall be elected from a separate ward. Voters may only vote for a candidate for the Council ward seat within which the voters reside. Council Members must reside within the ward from which they are elected. If a Council Member moves within the City from such Council Member's elective ward. or if a Council Member is excluded from a ward as a result of districting or redistricting, such Council Member's term of office shall expire on January first. following. the next regular City election. Subdivision 3. Council election wards shall be as equal in population as practicable and each ward shall be composed of compact. contiguous territory. Ward boundaries shall follow visible. clearly recognizable physical features as required by state law. Subdivision 4. Upon enactment of these provisions. and after every Federal decennial census, the Charter Commission, after public hearings, shall determine the council election wards (districting) in this manner described in this section. The public hearings shall be held after published notice of said hearings, and opportunity to speak shall be allowed members of the public upon such reasonable terms as the Commission shall adopt. The Commission shall adopt its districting resolution by a majority vote of its entire membership, and file it in the office of the Cit\ Clerk no later than the first Tuesday in June prior to the first City election after the Federal decennial census. The Council shall provide for a sum of money. adequate for this purpose. to be used by the Commission to hire staff to aid it in preparing its districting plan. The City forwarded the proposed amendment to the undersigned for review. ISSUES Are the provisions of the proposed amendment in accordance with state law DISCUSSION There is no question that the Commission is authorized to propose an amendment on this subject matter. .By statute, "[the charter commission... may provide that all elective city officers, including mayor and members of the council, shall be elected at large or otherwise." Minn. Stat. § 410.16. The "or otherwise" language allows for the creation of a ward system. L., Jeff Karisen July 16. 2014 Page 3 We have identified three provisions of the proposed amendment, however, that conflict with State law. 1. The City Council must Confirm or Redefine Ward Boundaries. Under the Minnesota Election Law, the city council is responsible for drawing ward boundaries. The proposed amendments, however, requires that the Commission '`determine the council election wards (districting)." While there are some instances in which a charter provision will control over a conflicting state law, that is not the case with respect to election districts. Minnesota Statute section 205.84 applies to "a city electing council members by wards." Minn. Stat. § 205.84, subd. 1. In ward -election cities, "{a]fter the official certification of the federal decennial or special census, the governing body of the city shall either confirm the existing ward boundaries as conforming to the standards of subdivision I or redefine ward boundaries to conform to those standards as provided in section 204B.135, subdivision 1." Id.. subd. 2. Further, "Ulf the governing body of the city fails to take either action within the time required, no further compensation shall be paid to the mayor or council member until the wards of the city are either reconfirmed or redefined as required by this section." Id. "'Governing body' means... the elected council of a city." Minn. Stat. § 200.02, subd. 10. In short, both the requirement to set the ward boundaries and the penalty for failing to do so lie entirely on the city council. This statute applies to Lino Lakes and controls over any contradictory Charter provisions. Under Minnesota Election Law, the general term "city" "means a home rule charter or statutory city." Minn. Stat. § 200.02, subd. 8. Lino Lakes is a home -rule charter city. ''The Minnesota Election Law applies to all elections held in this state unless otherwise specifically provided by law." Minn. Stat. § 200.015. The Commission may have relied on section 410.21, which states that charter provisions "shall be valid and shall control as to...elections for municipal of#ices, notwithstanding that such charter provisions may be inconsistent with any general law...." That statute, however, was adopted in 1909, whereas section 205.84 was made applicable to charter cities in 1999. Minn. Laws 1999, Ch. 237, § 3. These specific election law provisions, having been enacted later in time than section 410.21. take precedence. See Minn. Stat. § 645.26 (stating that specific and more recent statutory provisions control over general and older provisions). This conclusion is shared by the attorney general. See Minn. Atty. Gen. Op, 64F, 1995 WL 647731 (Oct. 27. 1995). In that Letter Opinion. the Attorney General noted that, while section 410.21 states that charter provisions regarding certain specified electoral issues control Jeff Karlson July 16. 2014 Page 4 over general laws, the more recent and more specific election laws require application of section 205.84. State law places sole control over ward boundaries with the City Council. The proposed amendment. on the other hand, requires that the Charter Commission draw ward boundaries in the City. As a result, the proposed amendment is in conflict with Minnesota law. II. The Proposed Amendment's Timing Provision Conflicts with State Law. Minnesota Election Law provides a window of time during which ward boundaries must be redrawn. This timing requirement is referenced in section 205.84. subdivision 2. and is applicable to charter cities. as discussed above. The proposed amendment conflicts with those statutory requirements. "[W]ards must be redistricted within 60 days after the legislature has been redistricted or at least 19 weeks before the state primary election in the year ending in two, whichever is first." Minn. Stat. § 204B.135, subd. 1. "[A] city that elects its council members by wards may not redistrict those wards before the legislature has been redistricted." Minn. Stat. § 204B.135, subd. 1. Legislative boundaries must be determined no "later than 25 weeks before the state primary election in the year ending in two." Minn. Stat. § 204B.14, subd. la. By statute, the state primary is "held on the second Tuesday in August in each even -numbered year." Minn. Stat. § 204D.03, subd. 1. By operation of these statutes, ward boundaries must he redrawn by the first week of April in a year ending in two. The proposed Charter amendment requires that the Commission file the ward boundaries "no later than the first Tuesday in June prior to the first City election after the Federal decennial census." If the City elections are on odd -numbered years. as they are currently, the proposed Charter amendment will require that the ward boundaries be filed far earlier than the legislative boundaries, which is expressly prohibited. Even if the City moved to elections on even -numbered years, statute would require the ward boundaries to be determined over two months earlier than the proposed Charter amendment would require. Consequently, the proposed Charter amendment conflicts with the state timing requirements. L Jeff Karlson July 16. 2014 Page 5 IIl. Only the City Council May Expend City Funds. The proposed amendment is in conflict with the statutory requirement that only the City Council "may authorize such additional charter commission expenses as it deems necessary." Minn. Stat. §410.06. The amendment proposed by the Commission requires the City Council to fund the ward redistricting with an "adequate" sum of money. It is not clear who is responsible for deterrnining what is adequate under the circumstances. In any event. the City Council cannot be forced to provide additional funds to the Charter Commission when the statute expressly grants the Council sole discretion for any funds over the annual $1,500 allotment. IV. The Proposed Charter Amendment Should Not Be Put on The Ballot. It is a longstanding rule in Minnesota that "[t]he adoption of any charter provision contrary to the public policy of the state, as disclosed by general laws or its penal code, is also forbidden." State ex rel. Town of Lowell v. City of Crookston, 252 Minn. 526, 528, 91 N.W.2d 81.83 (1958); see also Haumant v. Griffin, 699 N.W.2d 774, 779-81 (Minn. App. 2005). "[A]ny charter provision that conflicts with state public policy is invalid." Nordrnarken v. City of Richfield, 641 N.W.2d 343, 347 (Minn. App. 2002). The proposed Charter Amendment should not be put on the November ballot because it is in conflict with state law. It should also be noted that the proposed Charter amendment does not contain clear transition provisions for moving from an at -large system to a ward system. Depending on how the wards are drawn and when the council terms expire, questions remain as to who would be seated where and for how long. Any amendment establishing a ward system should clearly set forth how the transition process will work. CONCLUSION For each of the reasons discussed above, subdivision 4 of the proposed Charter amendment violates state law and public policy. Accordingly, the City Council may decline to submit the amendments to the voters. RRM: 188618 Ve v ly yours, oseph J. Lange Nathan B. Shepherd