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' KENNEDY & GRAVEN <br /> f:HARTEREa) <br /> Atturitys ii Lucy 470 Pit%btury(renter.Mum-volts,Minuetota 614)2 <br /> (612)3374500 CORRINS R.THOMSON <br /> ROBERT A-ALSOP and JAmt.s J.THOMSON,JR. <br /> $RUG6 ht-$ATTERSON 70R Connerre Bolding,8 East Fourth Street 1.A1:RY M.WERTNEIM <br /> RONALD H.BATTY Saint Fadi,PidinDWPII 55141 BONNIE L WILKINS <br /> STPnim J.BUi6VL (612)225-4438 JOE X-'YANG <br /> RAIN B.DEAN --- <br /> DANIEL J-tMEENBWEIG Bactimite 012)37-9310 DAVID L,(MAVEN(1929-1001) <br /> DAVID J.KENNEDY <br /> CHARLES X.-LEFEYI F c OF COUNSEL <br /> JOHN M.LFSEYRE,JR- WHITe,31E�.Ry'S D RU <br /> CT D1Ai. ROBERTC.CAON <br /> RQSENT J_LINDALL a] X 4sy0 ROBEK C -DAYI�Ji014 <br /> Et0$ERT C.LONG WELLINGTON H.LAW <br /> JAMES M.STRom?ifEN FLOYD B.OLSON <br /> CURT A.PEAMISON <br /> T,JAY Sn3.MRN <br /> May 23, 1996 <br /> The Honorable Kenneth J. Fitzpatrick <br /> Chief Judge, Second Judicial District <br /> Room 1350 Ramsey County Courthouse <br /> 15 West Kellogg Boulevard <br /> St. Paul, MN 55102 <br /> RE: City of Mounds View Charter Commission <br /> Dear Judge Fitzpatrick: <br /> On March 6, 1996, the Mayor of Mounds View wrote to you asking for responses to <br /> three questions relating to the activities of the Mounds View Charter Commission <br /> (copy of letter attached as Exhibit A). As you will recall that activity consisted of <br /> continuing efforts of eight of the Commission members to require the expenditure of <br /> public funds to have the City's codification service print an unconstitutional term <br /> limits amendment in the Charter (the name of eight members are included on Exhibit <br /> B). You responded to the Mayor's letter by suggesting that he seek advice from the <br /> City attorney. <br /> At the May 13, 1996 Mounds View City Council meeting, I was requested by the <br /> Mayor and City Councilmembers to formally request that you exercise your role and <br /> authority as the appointing authority of charter commission members to remove these <br /> eight members of the Mounds View Charter Commission. The City believes that these <br /> eight Commission members have violated their official duties by knowingly and <br /> willingly voting to require the wasteful expenditure of public funds to print a <br /> Charter Amendment which has been ruled unconstitutional by the Minnesota Supreme <br /> Court. The City also believes that the willful act of ignoring a Minnesota Supreme <br /> Court ruling on the Minnesota Constitution by the eight Charter Commission members <br /> is a violation of their oaths of office to uphold the Minnesota Constitution- <br /> Minnesota Statutes, section 410.05 confers authority upon you as the Chief Judge <br /> of the Second Judicial District to appoint and remove charter commission members. <br /> This request to remove the eight Charter Commission members does not require you <br /> to act in your judicial capacity to rule on a legal matter before the Court as you <br /> indicated in your April 2, 1996 letter(copy of letter attached as Exhibit C). Rather, <br /> this removal request requires you to act only in an administrative capacity in your <br /> FE0ioa7s8 <br /> 14[1125-2& <br /> 17/Z 9DVd OEE6LEEZL9'OE 142/WHO 8 1O3MN9M'WO ld b6'60 96-6Z-2-MN <br />