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Original Message IIISubject: Sample Charter Language Date: Wed, 11 Jul 2007 12:52:23-0500 From: Riggs, Scott J. <sriggs@Kennedy-Graven.com> To: Kurt Ulrich <KurtU@ci.mounds-view.mn.us>, Jonathan J Thomas <jthomas@usinternet.com>, <barbaralthomas@hotmail.com> CC: Jim Ericson <JimE@ci.mounds-view.mn.us>, Short, Jean M. <jshort@Kennedy-Graven.com> To all: In response to the discussion at the Council meeting on Monday, below are my first attempts at possible Charter language granting the authority to the Council for establishing any necessary regulations as to interpreting/analyzing/determining petition sufficiency. While the grant of authority may appear somewhat broad, in reality, the authority language is likely fairly limited as any specific"rules of interpretation"established by the Council by ordinance or resolution must be consistent with Minnesota statutes (Chapter 410, etc.), Minnesota rules (Chapter 8205-- which is fairly specific), case law interpretations and the Charter. Unless the Council would desire to specifically directly address the situation of a "frivolous" petition (e.g., submitting five names when hundreds would be required by the Charter; which a plain reading of the charter may allow to be deemed immediately insufficient), there may not be much in the way of necessary rules of interpretation. It could also be argued that the Council already possesses the authority we are attempting to establish in the language below based upon City Charter Section 12.12, which is a very broad, general grant of authority. Sample Charter Language: Consistent with the provisions of this Charter and applicable state laws and rules, the Council may prescribed by ordinance or resolution such rules of interpretation for the determination of petition sufficiency. OR alConsistent with the provisions of Charter Section 12.12, the Council may prescribed by ordinance or resolution such rules of interpretation for the determination of petition sufficiency that are in compliance with the laws and rules of Minnesota. The sample language could likely be inserted into either Charter Sections 5.02 or 5.03, or elsewhere in the Charter. Please feel free to call me to discuss. Thanks. Scott J. Riggs • Kennedy& Graven, Chartered 612-337-9260 ATTENTION: This message and any attachments are intended only for the named recipient(s), and may contain information that is confidential, privileged, attorney work product, or exempt or protected from disclosure under applicable laws and rules. If you are not the intended recipient(s), you are notified that the dissemination, distribution, or copying of this message and any attachments is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or the telephone number included herein and delete this message and any of its attachments from your computer and/or network. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. This message and any attachments are covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510- 2521. III