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ROBERT A.OUZY 7--. r PAMELA M.HARRIS <br /> BERNARD E.STEFFENCHARLES M.SEYKORA <br /> RICHARD A.MERRILL WILLIAM M.HANSEN <br /> DARRELL A.JENSEN \ <br /> JEFFREY S.JOHNSON V l BEVERLYL D. .DODGE JR. <br /> K.DODGE <br /> RUSSELL H.CRO\t'DER } } (( Ltd. <br /> CRAIG M.AYERS <br /> JrERICKSON Barna, �7t1Z�7 Steffen) L,�• GREGG V.HERRICK <br /> NCE R.JOHNSON JAMES D.I-IOEFT <br /> L,. .)A.COSSI ATTORNEYS AT LAW JOAN M.QUADE <br /> THOMAS P.MALONE SCOTT M.LEPAK <br /> MICHAEL F.HURLEY 400 Nortlltown Financial Plaza STEVEN L.MACKEY <br /> VIROIL C.HERRICK 200 Coon Rapids Boulevard ELIZABETI I A.SCFIADING <br /> HERMAN L.TALLE WILLIAM F.HUEFNER <br /> Minneapolis, MN 55433-5989 <br /> ROBERT C.HYNES <br /> (612) 780-8500 FAX (612) 780-1777 19354993 <br /> Writer's Direct Line: (612) 783-5123 <br /> MEMORANDUM <br /> TO: Mounds View Charter Commission <br /> FROM: Gregg Herrick (..: <br /> RE: Term Limits <br /> DATE: June 28, 1994 <br /> QUESTION <br /> DOES THE CITY HAVE THE AUTHORITY TO INSTITUTE <br /> TERM LIMITS THROUGH ITS CHARTER FOR THE CITY COUNCIL? <br /> • <br /> The Attorney General's Opinion of April 14 , 1981 has been <br /> questioned and I have been asked to give an independent opinion <br /> regarding the Charter Commission's ability to place term limits <br /> on elected municipal offices within the City. After conducting <br /> considerable research into this question, I have come to the <br /> conclusion that there is no direct case law interpreting this <br /> particular question. I have, therefore, reviewed the cases cited <br /> by the Attorney General, as well as a review of the cases since <br /> the 1981 Attorney General's Opinion. Since there was a movement <br /> in the State Legislature last Session to establish. term limits I <br /> also obtained information on their interpretation of the <br /> Question. I also contacted the League of Minnesota Cities to see <br /> if they had any prepared material on this topic. <br /> The research shows that one's eligibility to hold office is <br /> generally viewed as a fundamental right. It is also clear that <br /> prior to the 1958 Constitutional Amendment, the Court interpreted <br /> the Constitution as restricting any legislative body's ability to <br /> enact laws restricting individual's lright to hold office. The <br /> 1958 Amendment provides that the Legislature may provide for <br /> • 1The Constitution provides that to hold office an individual <br /> must be entitled to vote. <br /> An E 1.l Opp,m,d,5 Empinycr <br />