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Mounds View Charter Commission <br /> June 28 , 1994 <br /> Page Two <br /> qualifications for local government office. The language of <br /> Article XII, Section 3 on its face seems clear. The Amendment <br /> gives the State Legislature the right to provide qualifications <br /> Lor local office. While this Constitutional Amendment may give <br /> the Legislature the authority to grant to individual <br /> municipalities the right to set qualifications for local office, <br /> there is no statute, in my opinion, which could be interpreted as <br /> attempting to convey such authority. <br /> There is a recent case in which the Appellate Court reviewed the <br /> Legislature's authority to place limitations on eligibility for <br /> county sheriffs positions. In Elbers v. Grow, 502 N.W. 2d 310 <br /> (Minn. App. 1993) the Appellate Court was asked to rule- on the <br /> ability of the State Legislature to place limitations on <br /> individuals for two separate county sheriffs positions. The <br /> Court held that the "plain language" of Minnesota's Constitution, <br /> Article XII, Section 3 , clearly authorizes the Legislature to <br /> change qualifications for local office. While the Fibers Court <br /> did not address the issue of local regulations of local f, <br /> it very -- offices , <br /> _ces , <br /> clearly concluded that the State Legislature under <br /> Article XII, Sectibn 3 , was the body authorized to place <br /> qualifications on local offices . <br /> In the State Legislature last year there was a proposed Bill <br /> which called for . term limits . The $ill which <br /> issue of term limits to the voters failed in a Senateave Committeehe <br /> e <br /> and was never acted upon. I am enclosing a copy of a <br /> it <br /> a House Research Department position paper on term limits <br /> s for of <br /> or <br /> elected offices, dated November of 1993 . In that memo the�House <br /> Research Department indicated that local government offices can <br /> be subject to statutory term limits . <br /> This Opinion is consistent <br /> with the Elbers Opinion, as well as the Attorney General' ssO inionthat the State <br /> Legislature is the body which has the <br /> a`+`i o i`'- `' lace limitations on holding local office. <br /> Based upon my research I find no authority `or a charter <br /> amendment creating term limits . ` <br />