01-23-2006 K & G Memo on Holding Office

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MU210-4 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com sriggs@kennedy-graven.com C H A R T E R E D MEMORANDUM DATE: January 23, 2006 TO: Kurt Ulrich, City Administrator FROM: Scott J. Riggs, City Attorney RE: City of Mounds View – City Council and Charter Commission Membership Compatibility 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. 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 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 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 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 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 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 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 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 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).