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INFORMATION SERVICE of 335ev' Municipal Reference Bureau *100a we and League of Minnesota Municipalities 3300 University Avenue S.E.,Minneapolis,Minnesota 55414 Placing Burden of Established Administration March 2, 1972 Character of Action on City:in Initiative & Referendum .ir. Robert Voss Mayor City iiall-1313 Coon Rapids Boulevard Coon Rapids, Minnesota 55433 Dear Aayor Voss: Last week prior to one of our legislative study committee meetings, Norm Werner stopped by my office and requested that I do some research on your behalf with regard to the interpretation of initiative and referendum provisions in home rule charters. As I understand the situ- ation your concern arises largely from an opinion of the Attorney General . directed to your city attorney in which it was indicated that an ordinance authorizing an increase in gas rates was not the proper%su=bject for a referendum petition as it was essentially administrative rather than lag- islative in character. It is my understanding that you feel the public interest has not been adequately protected through this type of interpretation, and you wonder if it might not be advisable to consider shifting the burden of establish- ing the administrative character of ordinances to the city. .'pparently you feel a charter provision along these lines might be desirable. I can understand your concerns that the public interest in the use of initiative or referendum provisions not be frustrated or unreasonably evaded. On the other hand obviously there is a legitimate concern- is behalf-of--the city- that- the use of these tools not be abused or used to such an extent to result in harassment of the city council. With this in mind I am enclosing copies of a number of research materials that discuss tact use of initiative and referendum, including some which touch on administrative versus legislative considerations. INTERPRETATION OF ANDERSON .MODEL CHARTER PROVISION RELATING TO MPENSES OF PETITIONERS 335e APPLICABILITY OF I=NITIATIVE AND REFERENDUM TO STREET VACATION PROCEEDING - RIGHT OF PETITIONER TO WITHDRAW SIGNATURES 335e COUdENTS ON WHAT CONSTITUTES LEGISLATION FOR THE PURPOSES OF INITIATIVE. AND i:EFEHENDUN PROVISIONS OF HOME RULE CHARTERS 335e OPINION TO WINSTON C. JOHNSON, 858, August 5, X1970 335e OPINION TO PETER ii. LLEUSTAD, 358, July 21, 1967 335e OPINION TO ED F. JACOBSON, 858, July 27, 1967 335e OPINION TO CLAYTON L. LEFEVEa , 59a-32, October 7, 1968 335e