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MOUNDS VIEW CHARTER COMMISSION MINUTES OF 3/9/83 - (CONT'D) PAGE (2) V. RESEARCH REPORTS - - REFERENCE ITEM VI. - - MINUTES OF 12/8/82 1. JEAN MILLER = (COPY ATTACHED) 2. BILL DOTY - (COPY ATTACHED) 3. BILL DOTY ALSO REPORTED ON THE QUESTION: "DOES THE CHARTER COMMISSION HAVE THE RIGHT TO RECOMMEND REPLACEMENTS ON THE COMMISSION WHEN A VACANCY OCCURS?" HE STATED: IN ACCORDANCE WITH MINNESOTA STATUTE 410.05, SUBD. 3, "A CITY COUNCIL, A CHARTER COMMISSION, OR THE PETITIONERS REQUESTING THE APPOINTMENT OF A CHARTER COMMISSION MAY SUBMIT TO THE COURT NAMES OF ELIGIBLE NOMINEES WHICH THE DISTRICT COURT MAY CONSIDER. IN MAKING APPOINTMENTS TO THE CHARTER COMMISSION." 4 NEIL LOEDING ADDRESSED THE ISSUE OF "SECTION 5.08, RECALL" IN THE CITY CHARTER, WHETHER THIS SECTION IN THE CHARTER SHOULD BE AMENDED TO ADD THE WORDS, "IF A MAJORITY OF THE ELECTORS VOTING THEREON VOTES TO RECALL THE OFFICER, HE-SHE SHALL BE RECALLED FROM OFFICE." NEIL REPORTED THAT THIS QUESTION WAS CONSIDERED BY THE CHARTER COMMISSION ON JANUARY 2, 1980, (COPY OF MINUTES ATTACHED); AT THAT TIME THE COMMISSION DID NOT FEEL IT WAS CRITICAL THAT THIS SECTION BE AMENDED WITH THE NEW SENTENCE ADDED, AS THEY FELT A "RECALL ELECTION" WOULD BE CONSIDERED A "SPECIAL CITY ELECTION", AND THUS, ACCORDING TO MINNESOTA STATUTE 205. 10, SPECIAL CITY ELECTIONS, SUBD. 1, QUESTIONS, "NO QUESTION SO SUBMITTED SHALL BE DEEMED CARRIED WITHOUT SUCH A MAJORITY IN ITS FAVOR AS MAY BE REQUIRED BY LAW OR CHARTER IN THE PARTICULAR INSTANCE." NE-IL SUGGESTED-THAT THE COMMISSION-MAY--WANT TO CONSIDER-THE-ISSUE-AGAIN-A-T SOME FUTURE DATE WHEN OTHER "COSMETIC" CHANGES MAY BE DEEMED DESIRABLE; THAT SUGGESTED AMENDMENTS SHOULD BE ACCUMULATED, AND ALL GIVEN CONSIDERATION AT THE SAME TIME. (END OF REPORT) THE CHAIRMAN SAID HE WOULD ENTERTAIN A MOTION BY ANYONE CONCERNING THE SUBJECT. THERE BEING NONE, A MOTION WAS MADE BY D. MC CARTY, SECONDED BY D. HODGES, THAT THE REPORTS OF MILLER, DOTY AND LOEDING BE ACCEPTED. CARRIED UNANIMOUSLY.