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Response to Jonathan re PCSC Charter Conflict - Mar 11, 2009
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Response to Jonathan re PCSC Charter Conflict - Mar 11, 2009
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MV City Charter Commission
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Barb Benesch <br />From: <br />Jim Ericson <br />Sent: <br />Wednesday, March 11, 2009 10:38 AM <br />To: <br />'JThomas' <br />Subject: <br />RE: Charter Commission Agenda etc <br />Hi Jonathan, <br />I reviewed the minutes from the last meeting and noticed that Brian had asked about the "conflict" <br />between the Charter and the EDC and the PCSC. While he may have stated EDC, I'm certain he <br />meant to say EDA. Regardless, we've addressed the Charter Commission's concerns about these <br />two bodies before, and we've had the City Attorney respond a couple times on this matter. The <br />attorney's response was and is as follows: <br />"According to the Minnesota Attorney General's office, if there is a conflict between any provision of a <br />city charter and any provision of the police civil service statutes, "...the provision of state law <br />controls." Op. Atty.Gen., 785-E-1, Feb. 28, 1950 & Op. Atty.Gen. 120, Oct. 5, 1978. Therefore, any <br />conflict between states statutes and a city charter would be resolved in favor of the statutes." <br />While this response was specific to the PCSC, the final statement is applicable to the EDA as well. <br />Hope this is helpful. <br />Jim <br />-----Original Message ----- <br />From- JThomas [mailto:jthomas@usinternet.com] <br />Sent: Wednesday, March 11, 2009 9:36 AM <br />To: Jim Ericson; Jonathan J Thomas; Desaree Crane; Michael Haubrich; Barbara Thomas; Bill Doty; <br />Jason Reiling; Brian Amundsen <br />Cc: Vanessa Van Alstine; Mary Springer <br />Subject: Charter Commission Agenda etc <br />Jim, Desaree, Vanessa, Mary & Mounds View Charter Commission Members <br />The attached files are the agenda, minutes & related documents for the Mar 12, 2009 MV Charter <br />Commission meeting. <br />Jonathan J Thomas <br />763-784-5205 <br />jthomas@usinternet.com <br />A word aptly spoken is like apples of gold in settings of silver. <br />Proverbs 25:11 (NIV) <br />
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