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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 4 <br /> Section 5.05: Initiative. It appears from comparing your language with the <br /> Leagues 's language that the intent is to allow the public to have initiative <br /> over all aspects of the City Council . This would mean that the Council ' s <br /> powers are substancially diminished, furthermore, the League's Model excempt <br /> certain classifications from initiative. These include budget, capital programs, <br /> tax levies, and employees. To that end I would think it would be more prudent <br /> on the part of the Charter Commission to also exemptthese items from the <br /> initiative section. What may then occur is the City, as a whole, could be <br /> voting on who will be employees and who will not be as an example. It should <br /> also be noted that the League deletes the term resolution from initiative this <br /> is a good suggestion. The cost of an election is approximately $2 ,400 and it <br /> would be unfortunate for the City to be passing resolutions by election. <br /> Language contents in 5.05 makes it manditory for an election of these <br /> items. This certainly could have a negative impact on the ability of the City <br /> to function within the guidelines of the law in the need for voting on times of <br /> budget or tax levies. Hopefully, this is not the intent of the Commission. <br /> Furthermore, it is noted that the City Council has-the ability to aimend the petitions <br /> for ordinance under this language. The League's language is much better and <br /> does allow for that. It appears that under the present language of 5.05 this <br /> would have a detrimental impact on the Council 's ability to govern and infact <br /> would provide for unnecessary expenditures on the City's tax dollar. <br /> Section 5.06: Is not necessary. <br /> Section 5.07: Be reasonable to delete the reference to resolution. <br /> Section 5.08: Recall . It should be noted that the League's memo contains no <br /> language on recall . The reason they have done that is because of the rulings <br /> of the State Supreme Court which have held that recall is limited to maleficence <br /> or nonficence in office. Thus , the City Council is not compelled to act unless <br /> these conditions are present. The language which is set forth under section 5.08 <br /> is in essence wide open. Unless the Charter Commission clarifies this language <br /> the public has a potential of becoming frustriated in believing that they have <br /> a tool to control the City Council where in fact they have not. In that affect <br /> it will cause the City to legally fight recall issues with the public; costing a <br /> waste of time for the public and the Council,as well as a waste of money. This <br /> section should be completely reworked or deleted. <br />
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