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Mounds View Charter Commission Minutes <br /> November 12 , 1992 <br /> Page 4 <br /> Further discussion wa held regarding why changes , such as the <br /> removal of Recall from the Charter , were noted in the memo <br /> from Mr . Kennedy . Mr . Kennedy stated that the Minnesota <br /> Supreme court ruled that citizens cannot recall elected <br /> officials simply because they are unhappy with that official ' s <br /> performance . An elected official can only be removed (other <br /> than by general election) due to malfeasance or non-feasance . <br /> In the case of a felony conviction, forfeiture of office is <br /> automatic. <br /> R. Vandeveer said he had heard comments from the public <br /> that there appears to be a conflict of interest , when the <br /> same legal firm is representing both the City and the <br /> Charter Commission. This seemed especially touchy since <br /> the City attorney had told the citizens responsible for <br /> the recent petition that the petition was invalid, and <br /> now the same firm is recommending substantial changes to <br /> the section dealing with Referendum, Recall and <br /> Initiative. <br /> In follow-up, R. Vandeveer asked if the Commission could <br /> form a group to research whether another attorney should <br /> be consulted for a second opinion on the proposed changes <br /> to the Charter . <br /> Mr . Kennedy then requested the Commission specifically <br /> appoint him as their attorney before he continued <br /> advising them. No action was taken at this meeting <br /> regarding this matter . <br /> J . Trude noted that the Commission had specifically <br /> authorized Mr . Kennedy to review the Charter for <br /> provision in conflict with state law and report back at <br /> this meeting . Trude further suggested the Commission <br /> receive his report and then determine whether to continue <br /> using his services . <br /> A consensus developed that a subcommittee , headed by R. <br /> Vandeveer , research whether a second attorney ' s opinion would <br /> be appropriate , and develop a listing from the League of <br /> Cities and other sources . J . Trude and V . Beyer volunteered <br /> to serve with Vandeveer on this subcommittee and report back <br /> at the next meeting . <br />