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HOLMES & GRAVEN CHARTERED Attorneys at Law 470 Pillsbury Center,Minneapolis,Minnesota 55402 ROBERT A.ALSOP (612)337-9300 ROBERT C.LONG RONALD H.BATTY LAURA K.MOLLET STEPHEN J.BUBUL Facsimile(612)337-9310 BARBARA L.PORTWOOD JOHN B.DEAN JAMES M.STROMMEN MARY G.DOBBINS JAMES J.THOMSON,JR. STEFANIE N.GALEY LARRY M.WERTHEIM CORRINE A.HEINE BONNIE L.WILKINS JAMES S.HOLMES WRITER'S DIRECT DIAL GARY P.WINTER DAVID J.KENNEDY JOHN R.LARSON 337-9209 DAVID L.GRAVEN(1929.1991) WELLINGTON H.LAW VIA RAPIFAX AND MAIL OF COUNSEL CHARLES L.LEFEVERE ROBERT C.CARI.SON JOHN M.LEFEVRE,JR. ROBERT L.DAVIDSON ROBERT J.LINDALL T.JAY SALMEN November 10, 1994 Samantha Orduno Clerk-Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 RE: Term Limits Charter Amendment Dear Samantha: You inquired as to what the process would be if the city council wanted to challenge the constitutionality of the term limit charter amendment that was on the November 8, 1994 ballot. The city council would have essentially two options if it desires to challenge the constitutionality of the charter amendment provision. The first option would be to commence a declaratory judgment action in state court. The action would need to name as a defendant a person or entity that has a stake in upholding the ballot proposition. Because there is a case currently pending before the Minnesota Supreme Court (see discussion below), I doubt that a trial court would decide the city's case until the Minnesota Supreme Court issues its ruling. T-he-second option--would involve-not filing-a-cop-y-ofthe-c-har-te-r-amendment with--the Secretary of State or County Recorder. Minnesota Statutes, Section 410.112, subd. 4, states that the procedure for filing amendments to the charter is the same as the procedure followed when the original charter was adopted. Minnesota Statutes, Section 410.11, sets forth that process. That section provides: "The city clerk shall file with the secretary of state, the county recorder of the county in which the city lies, and in the city clerk's office a copy of the charter accompanied by a certificate attesting to the accuracy of the copy and giving the date of the election and the vote by which the charter was adopted." I have checked with the Minneapolis city attorney's office and they inform me that their case on the constitutionality of term limits is currently pending before the Minnesota Supreme Court. The question that the Minnesota Supreme Court will address is whether term limits violate Article 7, Section 6 of the Minnesota Constitution. (That provision establishes the qualifications to hold elective office.) The briefing of that issue by the parties is expected to be completed in early JJT79159 MU125-1.1