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CONFIDENTIAL MEMORANDUM <br /> TO: Councilmembers & Mayor, Samantha Orduno� <br /> J <br /> FM: Julie Trude <br /> DATE: Dec. 8, 19 4 <br /> RE: Charter Commission Meeting on Dec. 6, 1994 <br /> As Secretary of the Charter Commission I wished to share more specific <br /> notes with you than the simple Minutes of this meeting (which are not prepared yet). <br /> I think it might be prudent for the entire Council to be at any future special meeting <br /> called by Duane. Samantha would need to post notice for the Council. <br /> Duane McCarty & Ruth White called a Special Meeting of the Charter <br /> Commission pursuant to by-laws. Eleven members attended. (Absent: Laurie <br /> Schley, Len Burgers, Bob Toborg, Arlene Werdien; basically 1 pro-term limit <br /> person of those absent). <br /> Duane had invited Christopher J. Dietzen, Attorney at Larkin, Hoffman, Daly <br /> & Lindgren, Ltd. in Bloomington. Mr. Dietzen introduced himself as the lawyer <br /> representing the Minneapolis Coalition for Term Limits; the group which brought <br /> the lawsuit against the City of Minneapolis. Mr. Dietzen stated that he had prepared <br /> the brief for the Term Limit group that will be considered by the Minn. Supreme <br /> Court in the near future. <br /> Mr. Dietzen stated that when Mounds View's lawyer Jim Thompson told the <br /> council in his letter of 9/7 that the Charter Comm.'s ballot proposal on term limits "is <br /> not manifestly unconstitutional," and directed the Council to put the item on the <br /> ballot--that was the only "legal issue" for the Council. Now that the election is over <br /> the City Clerk has a duty to file the amendment (on term limits) with the County <br /> Recorder as directed in Minn. Stat. 410.11. Dietzen stated that the amendment <br /> became effective as a matter of law 30 days after the election. However, he stated <br /> "filings are required to become effective against elected officials regarding their own <br /> terms." "To be binding on councilmembers in the future the amendment must be <br /> filed." Further, state law says the City Clerk "shall file," so no discretion is allowed. <br /> Dietzen continued: If the amendment is not filed, an aggrieved citizen or the <br /> Charter Commission could go to court and obtain a writ of mandamus ordering the <br />