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C017 OF <br /> OUNDS <br /> Phone: (612) 784-3055 <br /> JEW Of/LE o f ffiE ay°' Fax: (612) 784-3462 <br /> "Quite Simply the Best" JERRY LINKS <br /> March 6, 1996 <br /> • <br /> The Honorable Kenneth J. Fitzpatrick <br /> Chief Judge, Second Judicial District <br /> Ramsey County Courthouse <br /> 15 West Kellogg Blvd. <br /> St. Paul, MN 55102 <br /> Re: City of Mounds View Charter Commission <br /> Dear Judge Fitzpatrick: <br /> The City of Mounds View is served by a Charter Commission appointed pursuant to Minn. Stat., <br /> Chapter 410. The district court,through its Chief Judge, is vested with certain-powers in regard to <br /> the charter commission Minn. Stat., 410.05 (1994). As Mayor of the City of Mounds View, I <br /> respectfully request, on behalf of the City Council, your guidance in a matter that has arisen <br /> concerning actions proposed by certain members of the Mounds View Charter Commission. <br /> The Mounds View Charter Commission,by a 8-5 vote, requested the City Council to include in our <br /> charter an amendment adopted by the voters in November 1994. That amendment placed limits on <br /> the number of terms that may be served by the city's elected officials. Subsequent to that election, <br /> a virtually identical amendment was found unconstitutional by the Minnesota Supreme Court in <br /> Minneapolis Term Limits Coalition v. Keefe, 535 N.W. 2d 306 (1995). In that decision the court <br /> held that such a charter amendment is manifestly unconstitutional and therefore need not be placed <br /> on the ballot. The Charter Commission is fully aware of the Keefe decision and has been informed <br /> by the City Attorney that the Mounds View charter amendment is unconstitutional in light of that <br /> decision. The City Attorney has also advised the City Council that we should not include the <br /> amendment in the charter. Nevertheless, the Charter Commission continues to insist that the <br /> unconstitutional amendment be printed in the charter. A copy of the proposed amendment is <br /> enclosed. <br /> The City Council's concern arises from two issues. First, from a public policy perspective we do <br /> not believe that it is wise to have an unconstitutional provision included in the Charter. Second, we <br /> believe that the Charter Commission's attempts to require the City to publish the unconstitutional <br /> amendment is a violation of their oath of office to uphold the United States and Minnesota <br /> Constitutions. <br /> PRINTED WITH <br /> �� SOYINK 74(11 L-Iirdhtnimi 1!1 NArvnrnrdc \/ioui u i FG110_1 AOC <br />