06-06-2016 Ericson Charter Update Memo to Council

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Mr. James Ericson February 10, 2016 Page 2 Answer: Because that constitutional amendment and its subsequent statutory changes were considered to be a reorganization rather than a substantive change, the Attorney General opinions cited herein appear to still be valid. 4) How is a negative change in CPI treated under the charter provision related to levy caps? Answer: Based on the plain language of the charter provision, a negative CPI must be factored in which could result in a levy cap below two percent. Authority to act without a full complement of members. As presently constituted, the Commission is to be composed of 11 members, a number apparently fixed by judicial order, and referenced in the Commission's Bylaws (the "Bylaws"). Based upon your August 20, 2015 email regarding this matter, the Commission currently is operating with only three members, however, at recent Commission meetings, only two members were present. There is no case law directly on point regarding this matter, but based upon a review of opinions from the Minnesota Attorney General and the statutory process for filling vacant commissioner positions, it appears that a charter commission's ability to act is severely restricted when it lacks a full complement of its body. Interpreting a since -repealed constitutional provision along with a former version of Minnesota Statutes, Section 410.05, the Attorney General opined that a charter commission may neither amend the charter nor approve a petition for amendment of the charter when it lacks a full complement of its members, even if it does so with the approval of eight members. Op. Atty. Gen., 58G, Sept. 28, 1950; Op. Atty. Gen., 58C, April 1, 1954. In reaching this conclusion, the Attorney General noted that a simple and expeditious process existed for filling commission vacancies by judicial appointment. The Attorney General further noted that the requirement for a full complement of commission members to exist prior to commission actions ensures that proposed amendments presented for review to the city council or the voting public are the result of "studied consideration, discussion, debate and deliberate judgment of fifteen resident freeholders of municipality." Op. Atty. Gen., 58G, Sept. 28, 1950. The Attorney General opinion suggests that the important work of revising a charter demands substantial participation by representatives of the affected community. The former constitutional and statutory requirements have been replaced by a statutory framework that includes a detailed process for filling commission vacancies. Minnesota Statutes, Section 410.05. This statutory requirement for filling vacancies suggests a legislative intent that a charter commission always contain a full complement of its membership. Minnesota Statutes, Section 410.05 now also permits the setting of the commissioners for a 469537v6 SJR MU210-4