Memo from Charter Commission - Feb 13, 2003

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m v City of Mounds View Charter Commission Ch air Jonathan J Thomas 763-784-5205 Vic e C hair M ichele Sandback 763-783-1770 2nd Vice Ch air Daniel Freimuth 763-780-3371 Secretary Brian Amundsen 763-786-5699 M ary Amirahmadi 763-786-3477 Bill Doty 763-786-3421 Brad ley Jahnke 763-780-4900 Daniel Sach Le 763-783-5943 Sharon L Linke 763-786-4696 Dana M andoza 763-784-8942 Duan e M cCarty 763-784-6074 Jean M iller 763-786-3959 William Mori 763-784-3645 Roger Stigney 763-786-3156 William Werner Sr 763-784-3603 Mounds View Charter Commission Feb 13, 2003 Preliminary Mounds View City Council Attention: City Clerk-Administrator Mounds View City Hall Honorable Mayor and Mounds View City Council: At the Nov 14, 2002, meeting of the Mounds View Charter Commission, a member of the Commission that is also a member of the Police Civil Service Commission presented an issue relating to the interpretation of the Mounds View Charter, Section 2.02. The Charter Commission has determined at its Jan 9, 2003, meeting that there is sufficient cause to render its opinion to you on the matter of the validity of the Police Civil Service Commission providing an administrative function for the city under the current wording of the Charter. We would like to note that although the Commission provides its opinion on such matters, the City Council and its legal counsel have the responsibility to interpret the Charter on behalf of the City. This was affirmed by Mr. Duke Addicks, an attorney for the League of Minnesota Cities, in his presentation before this Commission on June 14, 2001. It is the Charter Commission's opinion that Section 2.02 does appear to be in conflict with the existence of any appointed commission that would serve in an administrative role. It was also noted that the Police Civil Service Commission was formed and has served continuously since prior to the Charter and that in over twenty years it has not been challenged. The Charter Commission reviewed this issue on Thursday, January 9, 2003, and requests that the City Council provide direction to the Charter Commission for our future consideration to pursue one of the following options or other options the City Council may find appropriate. !The City Council could request that the Charter Commission review Section 2.02 of the Charter specifically excluding the Police Civil Service Commission and such other commissions as it may deem necessary, from the restriction of not allowing any commissions that would serve in an administrative function. !The City Council could abolish the Police Civil Service Commission defined by Section 404 of the City Code and Minnesota Statute 419.16 which according to Minnesota Statute 419.16 would require a unanimous vote of the City Council. Then the City Council could amend Section 404 of the City Code to create an advisory only Police Civil Service Commission. Respectfully submitted, Jonathan Thomas, Chair Brain Amundsen, Secretary Mounds View Charter Commission