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gg}i ,11. <br /> f9 .._.....4.r <br /> a <br /> 11891 <br /> ri' 1 ?3 1444-.1ili l • <br /> illiii 11121 <br /> Lij <br /> league of minnesota cities <br /> August 31 , 1979 <br /> Duane McCarty <br /> Charter Commission <br /> 8060 Long Lake Road N.E. <br /> Mounds View, MN. 55432 <br /> Dear Mr. McCarty: <br /> This is a follow-up to our phone conversation of August 29, concerning <br /> initiative and referendum provisions in city charters. As we discussed, <br /> the provision in Sec. 5.05 of the LMC Model Charter, which excepts certain <br /> ordinances from the initiative and referendum processes would not have the <br /> effect of eliminating the possibility of citizens' petitions for local <br /> improvements pursuant to M.S. Ch. 429, or petitions under any other statute. <br /> This model provision simply provides that there are certain subject areas <br /> within which ordinances may not be adopted by initiative or repealed by <br /> referendum. <br /> The discussion on page 7-8 of the yellow pages of the model charter, notes <br /> some of the policy reasons for this type of limitation. As we discussed, <br /> there are also some legal limits on the sorts of things which may be made <br /> subject to the initiative referendum process. <br /> M.S. 410.20 provides for the inclusion of initiative and/or referendum <br /> provisions in charters. This statute specifically limits the initiative and <br /> referendum to ordinances. In construing this statute, the Minnesota Supreme <br /> Court has held that this means ordinances of a "legislative" character only, <br /> rather than "administrative" or "quasi-judicial " ordinances. Oakman vs. <br /> City of Eveleth, 163 Minn. 100, 203 N.W. 514; Housing and Redevelopment <br /> Authority of Minneapolis vs. City of Minneapolis, 293 Minn. 227, 198 N.W. <br /> 2d 531 ; Denney vs. City of Duluth, 295 Minn. 22, 202 N.W. 2d 892. <br /> The enclosed opinion of the Attorney General , A.G. Op. 858, Aug. 5, 1970 <br /> (LMC-335E) discusses in some detail the question cf what constitutes a <br /> "legislative" action and thus is properly subject to initiative and referendum. <br /> I hope this will be of some help. <br /> Sin " ` <br /> rely, <br /> / ' <br /> C <br /> Peter Tritz <br /> Assistant esearch Director <br /> 5(.20 r, nover wilding,, 480 cedar street,, saint r au:l, minne. ora 55- 111 C61 21 222-2381 <br /> PTismr <br />