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KENNEDYt&GRAVEN <br /> CRA'U►'ener at Lir* ern P$IWwr*Ceske.Mlytwovat.Mkw a Pts ter52 <br /> (s12►33'1.M eoRRi t n.tlee>'eM <br /> IMUrm . Astor sad J*MU J.?NOK50W.JR. <br /> In*li.E 1N.11At?!yt*ow 'Ao Cawes.tte RU041"R,S Irl north i tteaeo LAllet M.+ptts►atN <br /> STt$ tt 11.SAM81111 S4Mk NO.bttsseeolr slit BOp$tE L.wryLxeNs <br /> SOt t 11. 3•m'Nt�L. 14121223-M33 Jot Y.TANG <br /> Jote L at:A�+ <br /> DA <br /> 1- e ttr O Paesiselte(5121 SPAMSPAMDolt,t,L GRA.tN <br /> QHH* f•:o.t�r,I <br /> CJ.xraeNtA*1.01 L.L EFEvERt O�CO�hsRL <br /> PO M.LUNI'4 . v:R11t*S DIRECT DIAL RMeR?C.CARLOW <br /> PROFIT C LIw+G 3379202 DORM L.DA�.v ON <br /> PAM C.Ln it wcLLnionoK 1L Low <br /> JAMCS M.Q1ltn'it1W Prawn B.11t <br /> CURt1R A,PCAeaON <br /> T.2*'SALAfkr <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 8, 1998, 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 membeersat he seek advice fromare included on Exhibit <br /> thit <br /> B). You responded to the Mayor's letter by suggesting <br /> e <br /> City attorney. <br /> At the May 13, 1998 Mounds.View City Council meeting, I was requested by the <br /> Mayor-and City Councilmembersto-formally request that you exercise your role and <br /> authority as the appointing authority of charter commission member toremovethese — <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 /> w kingly voting to require the wasteful expenditure of public funds to print a <br /> Charter Amendment which has been ruled unconstitutional by thae Minnesota tSupreme <br /> reme <br /> Court. The City also believes that the willful act of ignoring <br /> Court ruling on the Minnesota Constitution <br /> to onholdh eeight <br /> Mintiesota Commiss on members <br /> is a violation of their oaths of office P <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 /> 71010417118 <br /> 141J123-36 <br />