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