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Mounds View City Council October 25, 1999
<br /> Regular Meeting Page 13
<br /> and the State Constitution. He indicated that copies of the State Law would be provided to the
<br /> Charter Commission.
<br /> City Attorney Long advised, in regard to Point 2, Article 7, Section 6 of the Minnesota
<br /> Constitution states the universal eligibility to hold office and sets forth the eligibility criteria,
<br /> which indicate any person who is 21 years of age and eligible to vote is eligible to serve and run
<br /> for office. He explained that in the city of Minneapolis, a charter amendment was proposed by
<br /> initiative, which would have placed term limits in the Minneapolis Charter to restrict the number
<br /> of terms, however, the Minneapolis City Council refused to put this on the ballot, and relied
<br /> upon case law that stated the City Council is authorized to refuse to put something on the ballot
<br /> if it is manifestly unconstitutional.
<br /> City Attorney Long pointed out that the question was if term limits adopted by a local city
<br /> charter commission or by initiative were unconstitutional. He advised that the Term Limits
<br /> Coalition V. Keefe case decision determined that the Minnesota State Constitution, Article 7,
<br /> Section 6, is the only place where eligibility for office can be determined, therefore, any term
<br /> limit provision of any City in the State of Minnesota, or any term limits adopted by the State
<br /> Legislature would be invalid and unconstitutional, because only the Constitution of the State of
<br /> Minnesota could be amended to allow for this. He stated copies of this case would be provided
<br /> to the Charter Commission for review, as well.
<br /> City Attorney Long advised because there has been a ruling of the Minnesota State Supreme
<br /> Court, there needs to be some action to bring the Charter into compliance with that ruling. He
<br /> explained at the time term limits had been brought to the ballot in Mounds View, there was no
<br /> ruling by the Supreme Court, and at that point, the City Council inquired if they should refuse to
<br /> put this measure on the ballot. He indicated they requested the City Attorney's office review this
<br /> matter, and since there was no clear cut guidance, they determined it would probably be safer to
<br /> put the matter on the ballot, as they could not know if it was a certainty and official. However,
<br /> the measure passed, and after it passed, the Supreme Court ruled, in Minneapolis' case, that the
<br /> provision was unconstitutional. He explained that had this ruling come down before the measure
<br /> came forward, the City Attorney's Office would have advised that should it not be brought to
<br /> ballot.
<br /> City Attorney Long stated in regard to Point 3, the Mounds View Charter indicates that
<br /> ordinances, resolutions, and motions are subject to referendum and also can be the subject of
<br /> initiatives. He stated the City Attorney's earlier opinion, as indicated in the letter dated June 29,
<br /> 1998, pointed out the series of cases in Minnesota by which the courts have indicated the proper
<br /> subject of a referendum or initiative must be a legislative matter, and there is specific language in
<br /> the Statute that indicates only ordinances shall be the subject of initiatives or referendum. He
<br /> explained that under the principal that all city charters must be consistent with State Statutes, the
<br /> State Statute has specifically named ordinances, and not resolutions, as proper subject matter,
<br /> and that is where it was concluded this would apply to ordinances only. City Attorney Long
<br /> stated this has been indicated through cases in the Courts of Minnesota as far back as 1925, and
<br /> has been a longstanding principle in Minnesota. He stated the cases cited in the City Attorney's
<br /> June 29, 1998 letter address this matter, and these cases were available for review at the library,
<br /> however, in consideration of the City's copy budget, copies have not been made. He added that
<br /> if copies are requested, they will be provided.
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