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11-11-2004
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11-11-2004
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MV Minutes
GOVBOARD
Charter Commission
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minutes
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0 Administer shall report the date of the determination and its sufficiency to the Council at <br /> or before the next regularly scheduled meeting. Upon receipt of the report, the Council <br /> shall immediately declare the sufficiency of the petition by resolution including the i <br /> reported date of determination of sufficiency. <br /> Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk- <br /> Administrator determines that the sufficiency of a petition cannot be declared, it shall be <br /> determined to be insufficient or irregular. The Clerk-Administrator shall deliver a copy of <br /> the petition, together with a written statement of its defects, to the sponsoring committee <br /> and to the City Council. The committee shall have 30 calendar days in which to file <br /> additional signature papers and/or to correct the specified irregularity. Within five <br /> working days of receipt of the corrected petition, the Clerk Administrator shall determine <br /> the sufficiency of the petition as corrected and proceed as directed in Section 5.03. If <br /> the petition is still insufficient or irregular, this shall be considered the Final Finding and <br /> the Clerk Administrator shall file the petition as noted and immediately notify the <br /> sponsoring committee that no further action will be taken. The final finding that the <br /> petition is insufficient or irregular shall not prejudice the filing of a new petition for the <br /> same purpose. Except in the case of a petition for recall, it shall not prevent the Council <br /> from referring the subject matter of the petition to the voters at the next regular or <br /> special election. <br /> Both of the proposed language additions provide for an earlier notification of the City <br /> Council of the status of any petitions received by the City Clerk-Administrator, allowing <br /> the Council to have informed oversight in regard to the process. Administratively, the <br /> process is acceptable. A possible reason to allow the Clerk-Administrator to delay ( <br /> notification of the Council until a determination of sufficiency has been made would be to <br /> allow the Clerk/Administrator to make the sufficiency decision independent of potential or <br /> perceived political influence. <br /> Recommendation: <br /> It is recommended that the City Council forward the proposed revisions to Sections 5.03 <br /> and 5.04 to the Charter Commission for consideration. <br /> Respectfully submitted, <br /> Kurt Ulrich <br /> • <br /> ( <br /> Page 2 of 5 <br />
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