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08-09-99 18:12 From-KENNEDY £ GRAVEN +6123379310 1-693 P.05/08 F-230 <br /> 470 Pillsbury Censer <br /> Kennedy 200 South Suds Street <br /> Mini polo MN 55402 <br /> GGraven (6)2) 337-9300 Telephone <br /> 1 aVen (612)337-9310 fa. <br /> CA r e R >= D hrrp�//www kcnr►cdy-craven cum <br /> ROBERT C.LONG <br /> Arrgrncy ar 1 yw <br /> Daect Dail(6 2)337-9202 <br /> email mons@kcnncay-gr vcn cum <br /> July 26, 1999 <br /> C 0y <br /> Mr. Charles S. Whiting <br /> 0 <br /> City Clerk-Administrator <br /> City of Mounds Vi:w <br /> 2401 Highway 10 <br /> Mounds View, MN 55112 <br /> Re: Term Limits Charter Amendment <br /> Dear Chuck: <br /> Pursuant to your request to review the status of the term limit amendments to the Mounds View <br /> City Charter that were voted on and adopted at the general election held on November S, 1994, <br /> please find the following discussion and my recommendations. <br /> As you are aware, .ase law in Minnesota has held that charter amendments as to term hams for <br /> elected office are unconstitutional. Minneapolis Term Limits Coalition v Keefe, 535 N.W.2d <br /> 306 (Minn. 1995). The adoption of Subdivision 2 of Section 4.02 for the Municipal Charter <br /> would appear to fall squarely within this unconstitutional holding by the Court. Thus, whether or <br /> not Subdivision 2 of the newly adopted Section 4.02 of the Charter is printed in the charter, the <br /> amendment could not be implemented because it has been ruled unconstitutional. Previous <br /> advice supplied by my office regarding the issue of the unconstitutionality of such a charter <br /> amendment dealt with the issue of' whether such an unconstitutional amendment should be <br /> printed at public cost in the Charter where such a provision is known to be invalid. In our <br /> judgment, such public expenditures would be improper. <br /> Based on materials supplied by the City to my office, as well as information learned from other <br /> sources, it appears that in early 1995 the new charter amendment adding subdivisions 2, 3 and 4 <br /> to Section 4.02 of the Charter was forwarded pursuant to statutory requirements to the Secretary <br /> of State for inclusion in the City Charter. Based upon the City's compliance with the filing <br /> requirements of an approved charter amendment pursuant to Minnesota Statutes Chapter 410, it <br /> appears that a few of the City's copies of the Charter have been amended to include the three <br /> new subdivisions of Section 4.02. Despite such printing of the unconstitutional charter <br /> amendment, the question remains whether or not the City, during the present recodification and <br /> SJR-166333 <br /> 4210-t <br />