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Q Duane McCartyp=.--. (612) 784-6074 IJ 5/8/95 0 9:14 PM D 1/1 <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 /> regular •e f• °.i i- i - - -i: _ « or - . 1 i • • - ill-gat <br /> under case law, legal precedence. or constitutional non-conformity, thereby <br /> refusing to submit a initiative, referendum or recall question to the voters, <br /> provided in this charter, a proper court order permitting the City Council <br /> , • ' to - - _ • - - it _ • - •r•• . -• • the council within 1S <br /> days of the date of determination of sufficiency. If the council has not acted <br /> according to this subdivision within the above 15 day period, the sponsoring. <br /> committee maypeal to the Charter Commission and the Charter Commission <br /> a - • '.- f• _ • - - .. • • - i.'• .• I - C. a - - .-10111'1. - • <br /> , . • • '.- • '• '•f 1•I I - • •- • _`• y vote of the Charter <br /> Commission. This subdivision shall not apply to initiative, referendum or recall <br /> petitions that are manifestly unconstitutional. <br /> • <br />