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m v City of <br /> Mounds <br />View <br />Charter Commission <br />Chair <br />Jonathan J Thomas <br />763-784-5205 <br />Vice Chair <br />Michele Sandback <br />763-783-1770 <br />2nd Vice Chair <br />Daniel Freimuth <br />763-780-3371 <br />Secretary <br />Brian Amundsen <br />763-786-5699 <br />Mary Amirahmadi <br />763-786-3477 <br />Bill Doty <br />763-786-3421 <br />Bradley Jahnke <br />763-780-4900 <br />Daniel Sach Le <br />763-783-5943 <br />Sharon L Linke <br />763-786-4696 <br />Dana Mandoza <br />763-784-8942 <br />Duane McCarty <br />763-784-6074 <br />Jean Miller <br />763-786-3959 <br />William Mori <br />763-784-3645 <br />Roger Stigney <br />763-786-3156 <br />William Werner Sr <br />763-784-3603 <br />Preliminary Draft <br />Nov 24, 2002 <br />Mounds View City Council <br />Attention: Kathleen Miller, City Clerk-Administrator <br />Mounds View City Hall <br />Mounds View City Council: <br />At our last regularly scheduled Mounds View Charter Commission meeting, Nov 14, 2002, <br />a member of the Charter Commission that is also a member of the Police Civil Service <br />Commission presented an issue relating to the interpretation of the Mounds View Charter, <br />Section 2.02. There appears to be a conflict with the validity of the Police Civil Service <br />Commission providing an administrative function for the city under the current wording of <br />the Charter. <br />We would like to note, for the record, that although the Charter Commission can provide an <br />opinion on such matters, it is the City Council and its legal counsel that has the authority to <br />interpret the Charter, not the Charter Commission. This fact was previously confirmed by <br />the League of Minnesota Cities’ charter expert in his testimony before our commission. <br />It is the Charter Commission's opinion that Section 2.02 does appear to be in conflict with <br />the existence of any appointed commission that would serve in an administrative role. It was <br />also noted that the Police Civil Service Commission was formed and has served continuously <br />since prior to the Charter and that in over twenty years it has not been challenged. <br />The Charter Commission held a special meeting on Sunday Nov. 24, 2002 and reviewed this <br />issue with the following recommendations for future consideration by the City Council: <br />!The City Council could request that the Charter Commission review Section 2.02 of the <br />Charter specifically excluding the Police Civil Service Commission and such other <br />commissions as it may deem necessary, from the restriction of not allowing any <br />commissions that would serve in an administrative function. <br />!The City Council could abolish the Police Civil Service Commission defined by <br />Section 404 of the City Code and Minnesota Statute 419.16 which according to <br />Minnesota Statute 419.16 would require a unanimous vote of the City Council. Then <br />the City Council could amend Section 404 of the City Code to create an advisory only <br />Police Civil Service Commission. <br />!Although recognizing the conflict existing in Section 2.02 of the Charter, the City <br />Council could continue to operate the Police Civil Service Commission pursuant to the <br />existing City Code and Minnesota Statute. <br />Respectfully submitted, <br />Jonathan Thomas, Chair Brain Amundsen, Secretary <br />Mounds View Charter Commission