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ROBERT A.GUZY <br /> BERNARD E.S i EFFEV PAMELA M.HARRIS <br /> RICHARD A.STEFFILL �., CHARLES Ni.SEYKCRA <br /> DARRLLL.\.;ES:SEN DANT WILLIAM M.HANSEN <br /> JEFFREY S.JOHNSON l DANIEL D. .DODGE,;R. <br /> RUSSELL H.CRO\\'DEi: BEVERLY K.DODGE <br /> JON F.ERICKSON Barna, Guzy .. Steffen L <br /> CRAIG M.AYERS <br /> LAWRENCE R.JOHNSON 1 t <br /> Jd. AMES V.HERRICK <br /> DAVID A.COSS! ATTORNEYS AT LAWAMES D.HOER <br /> THOMAS i MALONE ;OAN M.QUADS <br /> MICHAEL F HURLEY `00 1OrChtott'n Financial Plaza <br /> SCOT <br /> M.L AC <br /> VIRGIL.C.HER.RICi: EVEM. <br /> L.MACKEY <br /> HERMAN L.TALLE 200 Coon RapidsBoulevard ELIZABETH A.SCHADING <br /> Minneapolis, MN 55433-5489 WILLIAM F HUEFNER <br /> _ ROBERT C.HYNES <br /> (612) 780-8500 FAX (612) 780-i r" i935-1993 <br /> Writer's Direct Line: (612) 783-5123 <br /> MEMORANDUM <br /> TO: Mounds View Charter Commission <br /> FROM: Gregg Herrick L <br /> RE: Term Limits <br /> DATE: June 28 , 1994 <br /> QUESTION <br /> DOES THE CITY HAVE THE AUTHORITY TO INSTITUTE <br /> TERM LIMITS THROUGH ITS CHARTER FOR THE CITY COUNCIL? <br /> The Attorney General's Opinion of April 14 , 1981 has been <br /> questioned and I have been asked to give an independent opinion <br /> regarding the Charter Commission's ability to place term limits <br /> on elected municipal offices within the City. After conducting <br /> considerable research into this question, I have come to the <br /> conclusion that there is no direct case law interpreting this <br /> particular question. I have, therefore, reviewed the cases cited <br /> by the Attorney General, as well as a review of the cases since <br /> the 1981 Attorney General 's Opinion. Since there was a movement <br /> in the State Legislature last Session to establish term limits I <br /> also obtained information on their interpretation of the <br /> Question. I also contacted the League of Minnesota Cities to see <br /> if they had any prepared material on this topic. <br /> The research shows that one' s eligibility tp hold office is <br /> generally viewed as a fundamental right. It is also clear that <br /> prior to the 1958 Constitutional Amendment, the Court interpreted <br /> the Constitution as restricting any legislative body's ability to <br /> enact laws restricting individual's lright to hold office. The <br /> 1958 Amendment provides that the Legislature may provide for <br /> 1The Constitution provides that to hold office an individual <br /> must be entitled to vote. <br />