03-22-1994 - Laserfiche WebLink

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Burden of proof re petitions: The commission agreed no changes would be required in the language proposed for Sec. 5.04, subd. 2. "If the City Council determines on its own motion that a sufficient and regular petition is determined to be illegal under case law, legal precedence, or constitutional nonconformity, thereby refusing to submit an initiative to the voters as provided in this Charter, a court order or injunction permitting the City Council authority to refuse such election must be produced by the Council within 15 days of the date of determination of sufficiency. If the Council has not acted according to this subdivision within the above 15 day period, the sponsoring committee may appeal to the Charter Commission and the Charter Commission may provide for said election to be paid by the City. The Clerk-Administrator shall provide for said election upon the order of a majority vote of the Charter Commission." This language will be included in the re-draft. Recall The draft of recall distributed in the February packet was discussed. The commission amended the first sentence to read: "The citizens of the City may request a recall vote of any elected officer of the City by petition." In addition the grounds for recall in the second sentence shall be limited to "malfeasance," following the recommendation of attorney David Kennedy. Section 7.06: Laurie Schley reviewed her proposed rewording of this section. Following a discussion of the commission's goals in the budgeting process, the consensus developed-that-the wording proposed-at the March8thmeeting—should-be-followed. ----- ---- ("The budget resolution must show the total revenues and expenditures for each budgeted fund and each department . . .") VI. Other Substantive Issues from Charter Re-draft Julie Trude noted that the commission had not yet reviewed the number of persons required for a successful petition. She had learned that in the 1992 general election, the votes cast for mayor totaled 5648 and the votes cast for president totaled 6239.