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11-14-1994
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11-14-1994
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MV City Council
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City Council Minutes
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11/14/1994
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Mounds View City Council Page 8 <br /> • Regular Meeting November 14, 1994 <br /> Minnesota Supreme Court could be expected within the first <br /> three months of 1995. <br /> Thomson explained that, because of the uncertainty of the <br /> constitutionality of the Mounds View proposition, he prepared <br /> a resolution for the Council's consideration to direct the <br /> City Clerk not to file a copy of the Charter Amendment with <br /> the Secretary of State or the County Recorder under the <br /> rationale that the City Council is charged with the orderly <br /> administration of justice and to ensure there are no <br /> unconstitutional provisions in the City Code or the City <br /> Charter. <br /> Mayor Linke asked if the Minneapolis lawsuit was based on the <br /> constitutionality of term limits or on the right of the City <br /> of Minneapolis to keep it off the ballot. <br /> Thomson explained that the Minneapolis case started out in <br /> Federal Court. The Plaintiffs were claiming that by not <br /> putting it on the ballot, they were violating the Plaintiffs' <br /> constitutional rights. The Federal District Judge who was <br /> handling the case said that before she addresses those <br /> • questions, she wanted the Minnesota Supreme Court to address <br /> the issue of whether or not the term limits are <br /> constitutional. The precise question that the Minnesota <br /> Supreme Court has been asked to address is: Would an <br /> amendment to the Minneapolis City Charter limiting the terms <br /> of local elected officials violate Article 7, Section 6, of <br /> the Minnesota Constitution. <br /> Linke asked if Minneapolis had asked for any AMICUS briefs <br /> from any other organizations. Thomson said he wasn't aware if <br /> they had. <br /> Thomson_clarified what an AMICUS-brief was-and the-purpose-of <br /> it, and noted that this procedure is only allowed at the <br /> appellate level, not at the trial level. <br /> Linke requested Staff to assign the next available resolution <br /> number to this Resolution Directing the City Clerk Not to File <br /> Charter Amendment Concerning Term Limits. Linke then read the <br /> resolution. <br /> Councilmember Trude felt that this resolution would be the <br /> least costly action in terms of legal expenses. <br /> MOTION/SECOND: Trude/Wuori to Adopt Resolution No. 4663 <br /> Directing the City Clerk Not to File Charter Amendment <br /> • Concerning Term Limits <br />
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