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<br /> <br />Memorandum <br /> <br />to: <br />Mounds View Charter Commission Chair <br /> <br />from: <br />Nyle Zikmund, City Administrator <br /> <br />re: <br />City Attorney Relationship <br /> <br />date: <br />January 16, 2020 <br /> <br /> <br />Background: <br />At the January 6, 2020 Council Workshop you requested that the council provide you with a clear understanding of the working relationship between the City Attorney, Charter Commission, <br /> and Council. <br /> <br />Executive Summary: <br />The City Attorney works directly for the City Council. Council has authorized and directed that communication and direction with the City Attorney shall occur thru the City Administrator <br /> other than those specific times the council is meeting in posted session when there is direct communication. <br /> <br />Specific to the Charter Commission – communication/interaction with the City Attorney should occur via the City Administrator. The Council budgets for and has supported legal costs <br /> for the purpose of ensuring the Commission has legal advice when requested. <br /> <br />Governance: <br />Cities are a creation of the Minnesota Legislature (the primary authorizing statutes are found in Minnesota Statutes, Chapter 410 (charter cities) and in Minnesota Statutes, Chapter <br /> 412 (statutory cities)) that provide the structure under which they operate. There are three forms of statutory cities: Standard Plan, Optional Plan A, and Optional Plan B Cities. <br /> Cities may also opt out of being a statutory city by adopting a Home Rule Charter – vis-a-vis, a Charter Commission and community election to adopt. <br /> <br />If the Charter form of government is approved, the Charter then becomes the governance document, as adopted and amended from time to time in accordance with state statute, and within <br /> the parameters set by state statute as both the city and charter commission are creations of the legislature. A Charter Commission cannot exist without a city and statute prescribes <br /> that the council may provide input/advice to the Court – who appoints commission members; on whom they would like to have appointed. <br /> <br />The Charter Commission is similar to other commission such as Park Rec, Forestry and Planning in that they are part of the overall operation of a city. All focus on issues related to <br /> their name with the Charter Commission being specific to the governance. <br /> <br />Legal Representation/Counsel: <br />Cities have levy authority and almost universally, have either a contract city attorney or in some cases, employ them directly. Mounds View has two contracts with legal firms. One <br /> with Kennedy and Graven for municipal, development and civil matters and one with HJ Law specific to prosecution. matters <br /> <br />Charter Commissions have no levy authority and thus have not revenue to pay for an attorney. Minnesota Statutes, Section 410.06 provides that Charter Commission may hire an attorney <br /> and the City shall cover the expenses but limits those expenses to no more than $1,500 per fiscal year. The Mounds View City Council has historically, over the past number of years, <br /> budgeted $2,000 per year for Charter Commission legal costs.