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Kennedy <br />Graven <br />CHARTERED <br />470 U.S. Bank Plaza <br />200 South Sixth Street <br />Minneapolis MN 55402 <br />(612) 337-9300 telephone <br />(612) 337-9310 fax <br />httu.-tlwwtiv. kei3 nedy-g ra ven. w m <br />svkm kennedy-j-,raven.Com <br />MEMORANDUM <br />DATE: January 23, 2006 <br />TO: Kurt Ulrich, City Administrator <br />FROM: Scott J. Riggs, City Attorney <br />RE: City of Mounds View — City Council and Charter Commission Membership <br />Compatibility <br />In response to an issue raised concerning the compatibility of an individual serving in the <br />capacity of a council member and a charter commission member, please find the following <br />response. <br />Based on the basic language of the City of Mounds View's Charter and current State <br />Statute, an individual cannot serve on both the City Council and the Charter Commission <br />[however, see the following paragraph]. Minnesota Statute Section 410.05, subdivision 1 states <br />that "[e]xcept as otherwise provided in the charter, no person shall be disqualified from serving <br />on a charter commission by reason of holding any other elective or appointive office other than <br />judicial. The charter may provide that members of the governing body of the city cannot serve <br />on the charter commission." Minn. Stat. § 410.05, subd. 1 (2005)(emphasis added). Therefore, <br />it is permissible under the statute for a council member to serve on a charter commission, unless <br />it is not allowed by the charter. In this case, it is not allowed by the Charter. Section 2.04 of the <br />City Charter states as follows: "Incompatible Offices. No member of the Council shall hold any <br />municipal office or employment through the City other than that to which elected. Further, until <br />one year after expiration of member's term, no Mayor or Councilmember shall be appointed or <br />employed by the City in a compensated position which was created, or the compensation for <br />which was increased, during member's term as Mayor or Councilmember." Since the City's <br />Charter does not permit a member of the Council from holding any "municipal office," and a <br />member of a charter commission has been interpreted by the Attorney General to be an "officer," <br />pursuant to the City's Charter, a City Councilmember may not be a member of the Charter <br />Commission. Op. Atty Gen. 358-E-1 (Aug. 22, 1946). <br />MU210-4 <br />