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470 U.S. Bank Plaza <br />200 South Sixth Street <br />Minneapolis MN 55402-1458 <br />(612) 337-9300 telephone <br />(612) 337-9310 fax <br />sriggs@kennedy-graven.com <br />http://www.kennedy-graven.com <br />Affirmative Action, Equal Opportunity Employer <br />MEMORANDUM <br />Date: August 22, 2014 <br />To: Jim Ericson, City Administrator <br />From: Scott J. Riggs, City Attorney and Doug D. Shaftel, Assistant City Attorney <br />Re: Authority of Charter Commission to act in absence of a full complement of <br />members <br />Pursuant to your request for review of the active membership numbers for the Mounds View <br />Charter Commission (the "Commission"), please note the following discussion and analysis. <br />As presently constituted, the Commission (the "Commission") is to be composed of 11 members, <br />a number apparently fixed by judicial order, and referenced in the Commission's Bylaws (the <br />"Bylaws"). Based upon your August 7, 2014 email regarding this matter, the Commission <br />currently is operating with only five members, however, at the last two Commission meetings, <br />only three members were present. <br />The following questions arise from your email regarding the Commission's authority to act when <br />it lacks a full complement of its members: <br />1) What acts, if any, may the Commission perform? <br />Answer: Few, if any, official acts can be performed by the Commission unless and until it <br />has a full complement of 11 members. <br />2) How many Commission members constitute a quorum for the purposes of convening a <br />meeting? <br />Answer: Six members must be present at any meeting to have a quorum. <br />Authority to act without a full complement of members <br />There is no case law directly on point regarding this matter, but based upon a review of opinions <br />from the Minnesota Attorney General and the statutory process for filling vacant commissioner <br />448566v2 SJR W210-4 <br />