Laserfiche WebLink
-44 <br />146 MUNICIPALITIES <br />Facts <br />"The Charter Commission of the City of Owatonna has prepared <br />an amendment which it wishes to present to the voters at the next <br />election. <br />"However, six members have resigned from the Charter Commis- <br />sion and it consists only of nine members. Eight of the nine members <br />have voted to present the amendment to the voters." <br />Question <br />"Is it necessary that a Charter Commission have its full comple- <br />ment of fifteen before it can legally propose a Charter amendment?" <br />Opinion <br />The question is answered in the affirmative. <br />Art. 4, § 36 of the Constitution, authorizes the legislature to provide <br />"* * for a board of fifteen freeholders who Shall be and for the past <br />five years shall have been qualified voters thereof, to be appointed by <br />the district judges of the judicial district in which the city or village <br />is situated, * * *" <br />for a term within the limit therein prescribed. <br />This constitutional provision further directs that the board: <br />"shall be permanent, and all the vacancies x, * * shall be filled by appoint- <br />ment in the same manner as the original board was created, and said <br />board shall always contain its full complement of members. * * *" <br />Another portion of Art. 4, § 36 of the Constitution, applicable to your <br />inquiry provides: <br />"* * * Such charter so deposited may be amended by proposal therefor <br />made by a board of fifteen commissioners aforesaid, * * *" <br />The board of fifteen freeholders authorized by Const. Art. 4, § 36, is <br />provided by the legislature in M. S., § 410.05. The board is commonly called <br />the Charter Commission. <br />M. S., § 410.12, Subd. 1, provides that the <br />"* " * board of freeholders may propose amendments to such charter, <br />and shall do so upon the petition of five per cent of the voters of the <br />city. * * *" <br />Subd. 4 of that section prescribes that <br />"Amendments shall be submitted to the qualified voters * * * as <br />in the case of the original charter. * * *" <br />Both the Constitution (Const. Art. 4, § 36) and the statute (M. S., <br />§ 410.07) provide that the original proposed charter shall be delivered or <br />