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Chair Doty Correspondence
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Chair Doty Correspondence
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Last modified
10/10/2018 5:28:51 AM
Creation date
8/23/2018 2:51:56 PM
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MV Misc Documentation
Date
12/31/1979
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Page 2 <br /> One final point is that under the system you outlined the newly elected <br /> Councilmen could wind up being held responsible for a fiscal year for which <br /> he had no input on. This is bad enough when it runs from January to December, <br /> but it is equally bad to come into fourth quarter of a given year to take over <br /> a position. (Note: under Minnesota Statutes 200.02, subdivision 24; the law <br /> provide that the officers for the state and county will take office on the <br /> first Monday of the new year. The Model Charter also suggests the installation <br /> in January to concide with the fiscal year. ) /i2,0 <br /> Section 4.02: Minnesota Statutes 205.13 state that filing for an election <br /> cannot occur before six weeks before the election nor less than four weeks <br /> before. Although, the timing provided in the Charter is not out of line with <br /> the aforementioned time period. It would be helpful to clarify whether the days <br /> are for total number days or working days before the election. <br /> Section 4.03: Minnesota Statutes subdivision 204A.17 require that election <br /> judges be appointed 25 days before an election. Because of the training involved <br /> in the elections due to the electronic equipment that the City uses, this time <br /> would be greatly appreciated for the training of the election judges. <br /> Section 4.04: This appears to be an ambiguous comment. Unless the Commission <br /> is referring to the nomination of persons by petition it's not understood what <br /> is intended for the Council to further regulate the election. If this is not <br /> the intention of the Charter Commission then the language that was dropped from <br /> the Model should be restated, "Except as otherwise , general state laws <br /> on elections shall apply " This would be more meaningful to public and <br /> to the officers in the election period. <br /> f_ Section 4.05: Canvassing. There appears to be no problem under the election <br /> laws statutes, however, it should be noted that this would cause the City <br /> Council to meet on Friday evening to do the canvassing. <br /> Section 4.06: There seems to be no problem with this section. <br /> Section 4.07: There are several problems with this section. First, there seems <br /> to be insufficient time made available for the applications to be made due to <br /> vacancies. Under the provisions of subdivision 1 if a vacancy occurs with a <br /> year or more remaining special elections shall be held within 45 days after the <br /> vacancy occurs. With this in mind the Clerk has the responsibility of publishing <br /> at least 37 days prior to the special election. Given the situation where a <br /> resignation would occur on a Wednesday the first time the publication could be <br /> know would be nine days after the resignation occurred. Thus , 37 + 9 would be <br /> 46 days which thus causes an inconsistency with the language in subdivision 1 . <br /> Furthermore, if you refer back to section 4.02 this leaves approximately 6 <br /> days for somebody to make up their mind on running for office. This maybe <br /> further diminished by the fact the newspaper comes out on Thursday whichcauses <br /> two days to be lost over the weekend. <br />
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