Docs re Term Limits Amendment - Laserfiche WebLink

Home Browse Search

-3- agreed that the law did not state a time. He argued that since the amendment goes into effect 30 days after the election, that is the period in which the clerk shall file the amendment with the county recorder. In addition he added that elections are certified in 7 days so the appropriate time would be sometime soon after and before the amendment becomes law. [Sue, you made two critical points--this lawyer doesn't know the facts of our case and he's not sure about what the law means! Great job!] Jerry Linke asked Dietzen if he had read Jim Thompson's two letters to the Council on the ballot question and the issue of the clerk filing the amendment. Dietzen responded that he had only glanced at the letters. Jerry then stated that Mr. Thompson's opinion was that the City Council not direct the clerk to file the amendment until the issue is resolved by the Minn. Supreme Court. If term limits are found to not violate the Minn. Constitution, then the clerk would immediately file the amendment. Dietzen stated that the City Council could have taken one of two approaches: refuse to put term limits on the ballot claiming they are manifestly unconstitutional, or put it on the ballot and accept the outcome. Mr. Christopher Dietzen left the meeting at approximately 7:30 p.m. Then the Charter Commissioners began to discuss the City Council's action (directing the clerk not to file the amendment.) Russ Warren stated: "We understand the topic, why argue about it, let's move on with our action." Duane had circulated a 3 page memorandum at the meeting (attached). The last page listed several options for the commission. This is the "action" Duane was seeking from the commission. Duane referred to the City Council's actions as "illegal actions" thwarting the rights of the voters. He felt it mandatory the Charter Commission act in some way to force the Council to "listen to the voters." He stated it was too late for the City Council to claim the amendment was unconstitutional--that should have been decided before the amendment went to the voters on the ballot. He talked about "judicial notice." Refer to p. 2 of his memo. He did agree with Sue that the "time to file" was a gray area. He wanted the Charter Commission to authorize him to begin pursuing one of his suggested options (p. 3 of his memo). [Duane is trying to make people think the Council will never file this amendment and that the clock might not start ticking on the current councilmembers'