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Preliminary Draft City of Mounds Nov 24, 2002 View In E Mounds View City Council Attention: Kathleen Miller, City Clerk-Administrator Charter Commission I Mounds View City Hall i Chair Mounds View City Council: Jonathan J Thomas 763-784-5205 At our last regularly scheduled Mounds View Charter Commission meeting,Nov 14, 2002, Vice Chaira member of the Charter Commission that is also a member of the Police Civil Service Michele Sandback it Commission presented an issue relating to the interpretation of the Mounds View Charter, 763-783-1770 gi ig. Section 2.02. There appears to be a conflict with the validity of the Police Civil Service 2" Vice Chair Commission providing an administrative function for the city under the current wording of Daniel Freimuth the Charter. 763-780-3371 M We would like to note, for the record, that although the Charter Commission can provide an Secretary ;,1 opinion on such matters, it is the City Council and its legal counsel that has the authority to Brian Amundsen RI interpret the Charter, not the Charter Commission. This fact was previously confirmed by the 763-786-5699 League of Minnesota Cities' charter expert in his testimony before our commission. Mary Amirahmadi 763-786-3477 --- It is the Charter Commission's opinion that Section 2.02 does appear to be in conflict with the Bill Doty existence of any appointed commission that would serve in an administrative role. It was 763-786-3421 = also noted that the Police Civil Service Commission was formed and has served continuously since prior to the Charter and that in over twenty years it has not been challenged. B Jahnke 76s- 80-4900 The Charter Commission held a special meeting on Sunday Nov. 24, 2002 and reviewed this Daniel Sach Le issue with the following recommendations for future consideration by the City Council: 763-783-5943 • The City Council could request that the Charter Commission review Section 2.02 of the Sharon L Linke NCharter specifically excluding the Police Civil Service Commission and such other 763-786-4696 commissions as it may deem necessary, from the restriction of not allowing any Dana Mandoza commissions that would serve in an administrative function. 763-784-8942 0 • The City Council could abolish the Police Civil Service Commission defined by Duane McCarty Section 404 of the City Code and Minnesota Statute 419.16 which according to 763-784-6074 Minnesota Statute 419.16 would require a unanimous vote of the City Council. Then Jean Miller .= the City Council could amend Section 404 of the City Code to create an advisory only 763-786-3959 Police Civil Service Commission. William Mori • Although recognizing the conflict existing in Section 2.02 of the Charter, the City 763-784-3645 Council could continue to operate the Police Civil Service Commission pursuant to the Roger Stigney existing City Code and Minnesota Statute. 763-786-3156 s 41 Respectfully submitted, William Werner Sr 763-784-3603 • Jonathan Thomas, Chair11 Brain Amundsen, Secretary Mounds View Charter Commission