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these were two separate issues, and the verbiage would remain in light of the motion. He stated that <br />. they could appeal to the appointed judge for clarification. <br />Council Member Quick requested City Attorney Long's opinion. City Attorney Long stated that in <br />his opinion, it is a problem to leave an unconstitutional item in the Charter. He stated that he thought <br />it proper for a public body, when given a court ruling and are obligated, to take action. He stated that <br />if the Charter Commission did not remove the provision on its own, then a court action might be the <br />necessary avenue. However, he stated, rather than taking a court action first, let the Charter <br />Commission do the right thing, which is to remove the unconstitutional provision by a vote. He <br />stated that, in his opinion, any attorney would tell them the same thing. <br />Mayor Coughlin requested they have faith in both bodies present. <br />Mr. Doty stated that when the Charter was originally made, the Charter was printed, and they made <br />sure that the exact Charter, which was voted on, was represented by the City, and then the City <br />copied that. He stated that the City Council is not the keeper of the City Charter. He stated that it <br />is the responsibility of the Charter Commission. <br />Mr. Linke stated he believed that in order to amend the Charter, the Charter Commission would <br />recommend the Charter or amendment to the Charter for approval, and the Council would have to <br />approve it unanimously, or the matter would have to be taken to the voters. He stated that at this <br />time and to his knowledge, there had been no revisions to the Charter within the last four years, other <br />than the term limit provision. He added that he was aware that there were other unconstitutional <br />items. He stated that the Council provided the money to the Charter Commission to print the <br />Charter, and if the Council thought there were unlawful items in it, they should request rt be "cleaned <br />up," before authorizing the expenditure. <br />Mayor Coughlin restated his motion to direct the Clerk Administrator to accept post and publish the <br />adjusted Charter including the added term limit provision, and to request that the Council request <br />that the Chairperson and Commission Members to revisit all items in the Charter which have been <br />deemed unconstitutional by various court actions, and to direct the Administrator to include a <br />separate document outlining the summary of the Minneapolis Term Limits Coalition vs. Keefe <br />Supreme Court ruling and a summary explaining why this provision is unconstitutional. <br />Mayor Coughlin stated that this was to post on the Website and elsewhere, the Charter as it was <br />voted upon. He added that he voted for term limits at the time. He stated this was also to <br />acknowledge that the provision was duly voted upon and approved by the populous, and to <br />acknowledge the fact that it is, at present, unconstitutional, unless a constitutional amendment be <br />enacted at the state level He added that it also preserves the right of the Council and the City to not <br />withhold any information from those people seeking re-election. He stated that he saw this as a <br />compromise. <br />Council Member Quick inquired regarding whether or not a time constraint should be placed upon <br />the removal of any unconstitutional items in the Charter. <br />City Attorney Long stated that they were presently in the process of updating the Code book, and <br />20N:\DATA\USERS\JOANB\SHARE\MINUTES\CC\ 1999\07-26-99.MIN <br />