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Last modified
8/23/2018 3:10:49 PM
Creation date
8/23/2018 3:10:44 PM
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MV Misc Documentation
Date
12/31/1979
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c <br /> • <br /> Mr. Winston C. Johnson - 6 August 5, 1970 <br /> • <br /> of administrative matters, <br /> "Ll} f such matters are not to be met and handled as <br /> a part of the daily routine of business of a munici- <br /> •alit , but must be submitted to the •eo•le to make <br /> a law for each controversy that may arise; we are <br /> drifting from the ideals of representative government. <br /> In fact the theory of initiative and referendum was <br /> directed at supposed evils of legislation alone and <br /> as said in Hopping v. Council of City of Richmond, <br /> 170 Cal. 605, 150 Pac. 977, ' to allow it to be invoked <br /> • <br /> to annul or fle13y executive conduct would d,.. ..1est+oy the <br /> efficiency necessary to the successful administration <br /> of the business affairs of a city. In many cases it <br /> would entirely prevent the exercise of the executive <br /> power necessary to carry out the acts determined upon <br /> by the..legislative department. ' " 163 Minn. 100, 106- <br /> 107. <br /> While an ordinance calling for the acquisition of a specific swim- <br /> ming pool in a particular manner is not the proper subject for an <br /> initiative petition for the reasons outlined above, a generic ordin- <br /> ance on the acquisition of municipal swimming pools might well be. <br /> Such an ordinance would have to be truly generic, that is, provide <br /> general authority to the council broad enough to encompass alterna- <br /> tives to the particular swimming pool here under consideration and <br /> the particular manner for its acquisition; the administrative dec- <br /> isions must be reserved to the council for it to decide in the pub- <br /> lic interest. <br /> Your question is therefore answered in the negative. <br /> Very truly yours, <br /> DOUGLAS M. HEAD <br /> Attorney General <br /> BYRON E. STARNS, JR. <br /> DMH:BES - fee Assistant Attorney General <br />
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