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307715v2 LKT MU210-4 <br /> <br />Kennedy 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 <br />& <br />Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy -graven.com <br />C H A R T E R E D <br /> <br /> <br /> SCOTT J. RIGGS <br /> Attorney at Law <br /> Direct Dial (612) 337-9260 <br /> Email: sriggs@kennedy-graven.com <br /> <br /> <br />MEMORANDUM <br /> <br /> <br /> <br />Date: March 12, 2007 <br /> <br />To: Jonathon Thomas <br />Kurt Ulrich <br />Desaree Crane <br /> <br />From: Scott J. Riggs <br /> <br />Re: Oath of office requirements <br /> Mu210-4 <br /> <br /> <br /> <br /> <br /> It appears that the City Charter Commission may want to remove the reference to an “oath” <br />in Chapter 5.02 of the Charter in response to issues raised and threatened litigation elsewhere in the <br />state. The proposed language, as shown below, appears to effectively replace “oath” while <br />maintaining the intent of the section: <br /> <br />Each separate page of the petition must have appended to it a certificate by the <br />circulator, verified by oath attested to by the circulator. <br /> <br /> The City may be concerned that a failure to file the circulator’s oath will trigger litigation <br />based on Minn. Stat. § 358.11(a) and § 204C.40. Petitions were brought against former Secretary of <br />State Mary Kiffmeyer and Governor Tim Pawlenty on similar grounds, but Justice Blatz dismissed <br />the petitions for failure to allege specific facts that constitute grounds for recall. Cases in Michigan