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SEP 07 '94 16:13 HOLMES & GRAVEN P.4 <br /> Mayor Jerry Linke and <br /> City Councilmembers <br /> September 7, 1994 <br /> Page 3 <br /> Because this'issue has not yet been addressed.b .,elAY Minnesota appellate court, it <br /> is MV,,,gpinien that the question of whether a charter city can impose term limits for <br /> members*f its elective body is not "manifestly" unconstitutional. <br /> The options that are available to the City Council are as follows: <br /> 1. Choose not to fix the form of the ballot for the proposed charter amendment <br /> on the grounds that the attorney general and the Charter Commission's <br /> attorney have concluded that such an amendment is invalid; or <br /> 2. Fix the form of the ballot for the proposed charter amendment. If the <br /> proposed amendment fails, the issue as to its constitutionality becomes moot. <br /> If the City Council chooses to fix the form of the ballot for the proposed charter <br /> amendment, I recommend that the City Council ask the Charter Commission to <br /> address the following Issues to clarify the proposed amendment: <br /> 1. The proposed charter amendment states that "no person may file to be a <br /> candidate." On its face, the amendment would not prevent a person from <br /> conducting a write-in candidacy. The question 1 have is why did the Charter <br /> Commission use the phrase "file to be a candidate" as opposed to the phrase <br /> "serve a term"? <br /> 2. The proposed charter amendment deals with total terms, not consecutive <br /> terms. Was this the Charter Commission's intent? <br /> 3. The proposed charter amendment states that a person cannot serve"more than <br /> eight total years in the office of Mayor or eight total years in the office of City <br /> Council." Was the intent of this provision to allow a person to serve eight <br /> } years as mayor and eight years as a councilmember? <br /> ,se4. Does the eight-year limitation include time that a person might have served as <br /> an appointed member of the City Council? <br /> I would be happy to address any additional questions you have on this issue. <br /> Sincerely, <br /> 1 A 4111 <br /> s . Thomson <br /> JJT:jes <br /> cc; Samantha Orduno <br /> JJT75668 <br /> *J125-it <br />