Laserfiche WebLink
elected a City Council, and under statutory law, the Council could do whatever they pleased, and that <br />there was abuse of that power. He stated that the Charter was the result of the citizenry reaction. <br />He stated that the Charter Commission is a body appointed by the court, to look into the matters that <br />the State Statute did not provide, so that the citizenry can react. He stated that this is what happened <br />in regard to the issue of term limits. He inquired if the State Supreme Court ruling regarding the <br />unconstitutionality of term limits was specific in the State Constitution, or if it was an amendment <br />to the State Constitution. <br />City Attorney Long stated that he would provide a copy of the Minneapolis Term Limits Coalition <br />vs. Keith case, which interprets a provision of the State Constitution which has the State Legislature <br />setting eligibility and qualifications for office. He stated that the State Constitution was specific on <br />the issue of qualifications for office, and what was determined by the Supreme Court in this case, <br />was that you could not amend the City Charter to include term limits, as the State Constitution is the <br />supreme document. <br />Mr. Doty asked if this was specifically stated in the State Constitution, or if the ruling was based <br />upon interpretation. City Attorney Long stated the State Constitution sets the qualifications for <br />office, and the City is bound by the Supreme Court ruling. Mr. Doty stated that when there is a <br />question of interpretation, the matter could go to the next court. He stated that other cities in other <br />states have instituted term limits which indicates they are legal, however, interpreted under the State <br />Supreme Court Ruling. He stated that, in fact, the Federal Supreme Court has ruled term limits to <br />be constitutional. He stated that it is a question, and therefore could go to a higher court for <br />. determination. He stated that the reason for having a Charter is so that the citizenry can react. He <br />added that the right of the citizenry reaction is a form in the Constitution. <br />Mayor Coughlin stated that Mr. Doty had been granted five minutes to speak, and requested he yield <br />the floor. He explained, as the Charter Commission Chair can attest, the Charter states that the <br />Council has to give a reasonable amount of time, and that the three-minute rule had been observed <br />for many years. He stated that the reason for this is not to limit debate, but to provide the Council <br />a reasonable amount of time for consideration of the issues, and that they not be required to make <br />decisions at a very late hour. <br />Council Member Stigney stated that he was also a Member of the Charter Commission, and <br />requested, in light of the importance of this issue, moved that the Council extend the time allotted <br />Mr. Doty by and additional three to five minutes to complete his comments. Mayor Coughlin stated <br />that he would request that this extension be applied to all residents present. <br />Council Member Stigney agreed. <br />Mayor Coughlin stated that he would second the motion for the purpose of discussion, and the reason <br />he would not support it was that they either stand by the rules or they don't. He stated that he had <br />already flexed the rules to accommodate Mr. Dody's comments. He added that an assumption had <br />been implied that because of this rule, they did not want to entertain the discussion, and that this was <br />not the case. <br />• Ms. Olson stated that she would like to offer a compromise to the situation, requesting the Council <br />make the recommendation to add this matter to the next Council Agenda in a similar form as that <br />16N:\DATA\USERSVOANB\SHARE\MINUTES\CC\ 1999\07-26-99.MIN <br />