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From:Julie Trude To:City of Mounds View 3/9/95 at 18:21:49 <br /> the Charter Commission should take action against the City Council to force the <br /> City Council to file the charter amendment immediately. The commissioners were <br /> uncertain about the ability of the Charter Commission to sue, pay legal fees to sue <br /> the City and whether commissioners could in turn be sued as individuals or <br /> commission members. <br /> Motion by Duane McCarty, second by Ruth White: "Duane McCarty is authorized <br /> by the Charter Commission to pursue legal counsel to determine the rights of the <br /> Charter Commission to sue the City Council for failure to file the term limits <br /> amendment adopted by the voters November 8, 1994. Issues for Duane to get <br /> counsel on: (1) Does the Charter Commission have legal authority to sue? and (2) <br /> Does the Charter Commission have standing to sue the City Council?" <br /> The commissioners discussed potential costs and whether the commission could be <br /> reimbursed by the city for this type of legal advice. The merits of the motion were <br /> also discussed until Duane McCarty called the previous question [this ends debate]. <br /> Upon a show of hands with 6 ayes and 5 nays, debate ended. <br /> Motion by Russ Warren, seconded by Julie Trude, to amend the motion to include <br /> the language "at no cost or liability on the part of the Charter Commission." Upon a <br /> voice vote the amendment passed. <br /> Duane McCarty stated he would not act as the motion directed with this amendment <br /> and he withdrew his motion. Ruth White, seconder, declined to withdraw the <br /> motion. <br /> Motion by Russ Warren, seconded by Virgil Beyer, to replace the previous <br /> amendment with a substitute amendment "at a cost of not more than $100 to the <br /> Charter Commission." <br /> Jerry Linke challenged the Commission's authority to spend money on the activity <br /> directed in the motion. <br /> -3- <br />