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470 Pillsbury Center V -yr <br /> Kennedy 200 South Sixth Street l <br /> Minneapolis MN 55402 <br /> (612) 337-9300 telephone <br /> Graven (612) 337-9310 fax <br /> CHARTERED http://www.kennedy-graven.com <br /> Scorn J.RIGGS <br /> Attorney at Law <br /> Direct Dial(612)337-9260 <br /> Email: sriggs@kennedy-graven.com <br /> MEMORANDUM <br /> DATE: May 6, 2004 <br /> TO: Kurt Ulrich, City Administrator <br /> FROM: Scott J. Riggs, City Attorney dif <br /> - <br /> RE: Mounds View Charter Commission Resolution No. 2003-05 Recommending <br /> Amendments to Chapter 5 of the Mounds View Charter <br /> • Pursuant to your request, I have reviewed Mounds View Charter Commission Resolution No. 2003- <br /> 05 in which the Mounds View Charter Commission recommends amendments to Chapter 5 of the <br /> Mounds View City Charter pursuant to Minnesota Statutes, Section 410.12, subd. 7. The Charter <br /> Commission recommends replacing in its entirety the language of Chapter 5 of the City Charter <br /> with the new language contained in Charter Commission Resolution No. 2003-05. <br /> In general, the proposed language from the Charter Commission for Chapter 5 of the Charter <br /> appears to be an attempt to simplify the present language of Chapter 5 and to make the chapter more <br /> reader friendly. From a legal standpoint, except for the issues noted below, the proposed new <br /> language for Chapter 5 generally appears to meet the legal requirements contained in Minnesota <br /> Statutes, Chapter 410 as to issues involving initiative,referendum and recall. <br /> As to the specific issue of recall as contained in Section 5.08 of the present Charter and the <br /> proposed revised language for Chapter 5 of the Charter, it should be pointed out (as has been <br /> discussed in the past with both the Charter Commission and the City Council based on my review of <br /> the Charter files contained at my office) that the standard required to invoke the operation of recall <br /> as to an elected official has been determined by Minnesota courts to be controlled by the Minnesota <br /> Constitution. This Section 5.08 could therefore be deleted in its entirety. I have included a copy of <br /> the case Jacobsen v. Nagel, 96 N.W.2d 569 (May 8, 1959), which analyzes a recall provision <br /> contained in a city charter. I have also included a copy of my February 7, 2002, correspondence to <br /> Mr. Jonathan Thomas, which addresses the recall issue on page 2 of the letter. Please let me know <br /> if you desire to discuss the above,my previous letter, or the issue of recall in further detail. <br /> • <br /> SJR-247479v1 <br /> MU210-4 <br />