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ROBERT A.GUZY PAMELA M.HARRIS <br /> BERNARD E.�STEFFEN <br /> CHARLES M.SEYKORA <br /> RICHARD A.MERRILL i i WILLIAM M.HANSEN <br /> DARRELL A.lENSEN <br /> \� <br /> JEFFREY S.JOHNSON DANIEL D.tJANTER.jR. <br /> RUSSELL H.CROWDER BEVERLY K.DODGE <br /> JON P.ERICKSON Barna Guzy LSZ. Steffen Ltd. CRAIG M.H ERS <br /> LAWRENCE IL IOHNSON <br /> , JAMES <br /> I V.HERRICK <br /> DAVID A.COSSI ATTORNEYS AT LA\V <br /> JAMES D.HOEFT <br /> THOMAS R\TALON" JOAN Ni.QUAD" <br /> NIICIIAELF.HURLEY 100 Northrown Financial Plaza S .LEPAK <br /> STEVEN L.MACKEY <br /> I[iGll_C.HERRICK 200 Coon Rapids Boulevard ELIZABETH A.SCHADING <br /> HERMAN L.T:\LLE <br /> Nvlinneapolis, MN 55433-5189 WILLIAM F.HUEFNER <br /> ROBERT C.HYNES <br /> (612) 780-8500 FAX (612) 780-1777 ;935-1993 <br /> Writer's Direct Line: (612) 783-5123 <br /> MEMORANDUM <br /> TO: Mounds View Charter Commission <br /> FROM: Gregg Herrick <br /> RE: Term Limits <br /> DATE: June 28 , 1994 <br /> QUESTION <br /> DOES THE CITY• HAVE THE AUTHORITY TO INSTITUTE <br /> TERM LIMITS THROUGH- ITS CHARTER FOR THE CITY COUNCIL? <br /> The Attorney Gneral's Opinion of April 14 , 1981 has been <br /> questioned and I have been asked to give an independent opinion <br /> regarding the Charter Commission's ability to place term limits <br /> on elected municipal offices within the City. After conducting <br /> considerable research into this question, I have come -to the <br /> conclusion that there is no direct case law interpreting this <br /> particular question. I have, therefore, reviewed the cases cited <br /> by the Attorney General, as well as a review of the cases since <br /> the 1981 Attorney General' s Opinion. Since there—was a_mosr- neat <br /> in the State Legislature last Session to establish term limits I <br /> also obtained information on their interpretation of the' <br /> Question. I also contacted the League of Minnesota Cities to see <br /> if they had any prepared material on this topic. <br /> The research shows that one's eligibility to hold office is <br /> generally viewed as a fundamental right. It is also clear that <br /> prior to the 1958 Constitutional Amendment, the Court interpreted <br /> the Constitution as restricting any legislative body's ability to <br /> enact laws restricting individual's lright to hold office. The <br /> 1958 Amendment provides that the Legislature may provide for <br /> 1The Constitution provides that to hold office an individual <br /> must be entitled to vote. <br /> A,,i i.c,i C;•,,,xnntr:i5nui,n cr <br />