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- CITY CIF CMOS UE ephone: (612) 784-3055 1f of a cJ�l(ayoz Fax: (612) 784-3462 "Quite Simply the Best' JERRY 1,INKE Match 6, 1996 • The Honorable Kenneth J.Fitzpatrick jgai Chief Judge, Second Judicial District Ramsey County Courthouse 15 West Kellogg Blvd. St. Paul.MN 55102 Re: City of Mounds View Charter Commission Dear Judge Fitzpatrick: The City of Mounds View is served by a Charter Commission appointed pursuant to Minn. Stat.,, • Chapter 410. The district court through its Chief Judge,is vested with certain powers in regard to the charter commission Minn. Stat. 410.05 (1994). As Mayor of the City of Mounds View. I respectfully request, on behalf of the City Council, your guidance in a matter that has arisen concerning actions proposed by certain members of the Mounds View Charter Commission. The Mounds View Charter Commission,by a 8-5 vote,requested the City Council to include in our charter an amendment adopted by the voters in November 1994. That amendment placed limits on the number of terms that may be served by the city's elected officials. Subsequent to that election_ a virtually identical amendment was found unconstitutional by the Minnesota Supreme Court in Minneapolis Tenn Limits Coalition-v.Keefe, 535 N.W. 2d 306 (1995).—In-that decision-the-court held that such a charter amendment is manifestly unconstitutional and therefore need not be placed on the ballot The Charter Commission is fully aware of the Keefe,decision and has been informed by the City Attorney that the Mounds View charter amendment is unconstitutional in light of that decision. The City Attorney has also advised the City Council that we should not include the amendment in the charter. Nevertheless, the Charter Commission continues to insist that the unconstitutional amendment be printed in the charter. A copy of the proposed amendment is enclosed. The City Council's concern arises from two issues. First, from a public policy perspective we do not believe that it is wise to have an unconstitutional provision included in the Charter. Second. we believe that the Charter Commission's attempts to require the City to publish the unconstitutional amendment is a violation of their oath of office to •hold the United States and Minnesota Constitutions. :>. ; - -^ _ 6;