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g Duane McCarty til (612) 784-6074 a S/8/95 0 9:14 PM D 1/1 <br /> • <br /> MEMORANDUM <br /> To: Charter Commissioners <br /> From: Duane McCarty <br /> Date: May 8, 1995 <br /> Subject: Section 5.03 modifications <br /> Note: The following suggested modification to Section 5.03 adds a final <br /> sentence to proposed Subd. 2 as indicated by the double underlined segment <br /> below. This additional language is intended to address the concern that has <br /> been raised regarding potentially frivolous petitions. <br /> Sec. 5.03. Determination of Sufficiency. The committee shall file the <br /> completed petition in the office of the clerk-administrator. The required <br /> • number of signers shall be at least fifteen percent for initiative and <br /> referendum, and for recall, at least twenty-five percent of the total number of <br /> electors who cast their votes for president at the last presidential election. <br /> Immediately upon receipt of the petition, the clerk-administrator shall examine <br /> the petition as to its sufficiency and report to the council within ten days. <br /> Upon receiving the report, the council shall determine by resolution the <br /> sufficiency of the petition. <br /> Subd. 2, if the City Council determines on its own motion that a sufficient and <br /> -• _ _ .- . .•, • '. . - - - -i . - u • - .- - n'. -. • . - -g. I <br /> • <br /> 1 . - _ - -.. . - -.- I - • •I ' _ •l . l •l- •l • u' 1 - -. <br /> - I . • *II / - - - -f • ' u • - . - •l • I - • - , as <br /> provided in this charter, a proper court order permitting the City Council <br /> authority to refuse such election must be produced by the council within 15. <br /> days of the date of determination of sufficiency. If the council has not acted <br /> • •.l • • '. • • . .•1 , ' II t - . .. - S. . - '•S t - 0•1 • ',g. <br /> committee may appeal to the Charter Commission and the Charter Commission <br /> shall provide for said election to be paid by the city. The Clerk-Administrator <br /> shall provide for said election upon the order of a majority vote of the Charter <br /> Commission. This subdivision shall not apply to initiative, referendum or recall <br /> petitions that are manifestly unconstitutional. <br /> 111 <br />