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09-27-1994
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09-27-1994
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MV Minutes
GOVBOARD
Charter Commission
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minutes
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• <br /> 5. 05 and 5. 08 all deal with this topic. The subdivisions all <br /> have slightly different language with regard to the clerk/ <br /> administrator's report to the Council. Currently, Section 5 . 03 <br /> requires the clerk/administrator to report to the Council within <br /> 10 working days. Section 5 . 08 merely requires the clerk <br /> administrator to determine the sufficiency of the petition and <br /> submit it to the Council without delay. <br /> Subdivisions 3 , 5 and 8 are also not consistent with regard to <br /> the time limit the Council has to address a solution on the <br /> sufficiency of the petition. While Section 5. 05 requires the <br /> Council to act on the ordinance within 60 days of the "final <br /> determination" of the petition sufficiency, Section 5. 08 requires <br /> that the Council at its next meeting shall act on the petition. <br /> These provisions should be reviewed to ensure their consistency. <br /> Chapter 5 also discusses initiative to amend the Charter. Minn. <br /> Stat. § 410 . 12 , subd. 1, provides for the initiative procedure to <br /> be used to amend a Charter. The statutory procedures are not <br /> consistent with the provisions set forth in Chapter 5. In <br /> particular, the statute allows amendments to be placed on the <br /> ballot upon the signature of 5% of the voters casting votes in <br /> • the last state general election. It is my opinion that the <br /> Charter may not modify statutory initiative procedures. It would <br /> be preferable to indicate that an initiative process is allowed <br /> pursuant to Minnesota Statute, or Section 5 . 06 needs to outline <br /> the statutory initiative process. <br /> In the section dealing with referendum, Section 5. 07 , it is not <br /> uncommon for Charters to provide limitations on the City adopting <br /> ordinances on the same subject which has been defeated by <br /> referendum. <br /> f:\corp\gvh\memo-mds.vie <br /> 11t is unclear as to whether the report to the Council must <br /> be made within 10 days after the determination of sufficiency or <br /> 4111 if it is within 10 working days of the clerk administrator's <br /> receipt of the petition. <br />
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