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------ Original Message-------- <br />Subject:RE: Charter Commission Agenda etc <br />Date:Wed, 11 Mar 2009 10:37:52 -0500 <br />From Jim Ericson <JimE@ci.mounds-view.mn.us> <br />To:'JThomas' <jthomas@usinternet.com> <br />References:<1330358.1135197605478.lavaMail.root@sniperl7> <1236782194214-026- <br />15858784.jthomas. usinternet.com@smtp-out-01.usinternet.com> <br />Hi Jonathan, <br />I reviewed the minutes from the last meeting and noticed that Brian had <br />asked about the "conflict" between the Charter and the EDC and the <br />PCSC. While he may have stated EDC, I'm certain he meant to say EDA. <br />Regardless, we've addressed the Charter Commission's concerns about <br />these two bodies before, and we've had the City Attorney respond a <br />couple times on this matter. The attorney's response was and is as <br />follows: <br />"According to the Minnesota Attorney General's office, if there is a <br />conflict between any provision of a city charter and any provision of <br />the police civil service statutes, "...the provision of state law <br />controls." Op. Atty.Gen., 785-E-1, Feb. 28, 1950 & Op. Atty.Gen. 120, <br />Oct. 5, 1978. Therefore, any conflict between states statutes and a <br />city charter would be resolved in favor of the statutes." <br />While this response was specific: to the PCSC, the final statement is <br />applicable to the EDA as well. <br />Hope this is helpful. <br />Jim <br />