K&G_DOCSOPEN-#761289-v3-Memo_to_Charter_Commission_regarding_Charter_language

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Kennedy Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis MN 55402-1299 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy- graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D MEMORANDUM Date: November 9, 2021 To:Chair Russell Warren and Charter Commission Members Nyle Zikmund, City Administrator From:Scott J. Riggs, City Attorney Joseph L. Sathe, Assistant City Attorney Re:Chapter 4 of the Mounds View City Charter The Charter Commission requested that Kennedy & Graven provide an update on proposed language for Chapter 4 of the Mounds View City Charter related to Nominations and Elections. The intent of the suggested revisions is to simplify the existing City Charter language as well as to make such language consistent with Minnesota Statutes. Further, simplified City Charter language that follows Minnesota Statutes allows for election consistency and statutory interpretation and application in Ramsey County. The intent of the proposed language is to more closely rely on existing statutory language without repeating it verbatim in the City Charter and to adjust timing for appointments for City Council vacancies. A.As to general election language for the City Charter (see Sections 4.01, 4.02, 4.03 and 4.04), the following proposal includes the language necessary to reference Minnesota statutory requirements for elections, while greatly reducing the verbose and somewhat redundant existing language of the Charter. Sections 4.01, 4.02, 4.03 and 4.04 of the Charter could be replaced by the following language: Section 4.01. The Regular Municipal Election. A regular municipal election shall be held on the first Tuesday after the first Monday in November of each even-numbered year at such place or places as the City Council may designate. The City Administrator shall give the appropriate notice of the time and place of holding such election and of the officers to be elected as required by Minnesota law, but irregularities in giving such notice shall not invalidate the election. Section 4.02. Special Election. The Council may by resolution order a special election and provide all means for holding it. The City Administrator shall give the appropriate notice of a special election as required by Minnesota law. The procedure at any such election shall conform as nearly as possible to that prescribed for other City elections. MU210\4\761289.v3