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Mr. James Ericson <br />August 22, 2014 <br />Page 2 <br /> <br /> <br />448566v2 SJR MU210-4 <br />positions, a charter commission’s ability to act is severely restricted when it lacks a full <br />complement of its body. Interpreting a since-repealed constitutional provision along with a <br />former version of Minnesota Statutes, Section 410.05, the Attorney General opined that a charter <br />commission may neither amend the charter nor approve a petition for amendment of the charter <br />when it lacks a full complement of its members, even if it does so with the approval of eight <br />members. Op. Atty. Gen., 58G, Sept. 28, 1950; Op. Atty. Gen., 58C, April 1, 1954 (copies <br />attached). In reaching this conclusion, the Attorney General noted that a simple and expeditious <br />process existed for filling commission vacancies by judicial appointment. The Attorney General <br />further noted that the requirement for a full complement of commission members to exist prior to <br />commission actions ensures that proposed amendments presented for review to the Council or <br />the voting public are the result of “studied consideration, discussion, debate and deliberate <br />judgment of fifteen resident freeholders of municipality.” Op. Atty. Gen., 58G, Sept. 28, 1950. <br />The Attorney General opinion suggests that the important work of revising a charter demands <br />substantial participation by representatives of the affected community. <br /> <br />The former constitutional and statutory requirements have been replaced by a statutory <br />framework that includes a detailed process for filling commission vacancies. Minnesota <br />Statutes, Section 410.05. This statutory requirement for filling vacancies suggests a legislative <br />intent that a charter commission always contain a full complement of its membership. <br />Minnesota Statutes, Section 410.05 now also permits the setting of the commissioners for a <br />charter commission at a number between seven and fifteen. A home rule charter city must either <br />have the number of charter commission members set by a judge, city council resolution, petition <br />of voters, or it may be set forth in its charter. Minnesota Statutes, Section 410.05, subd. 1. <br />Whichever process is used, once the number has been fixed, commission membership cannot <br />drop without triggering the statutory process set forth in Minnesota Statutes, Section 410.05 for <br />filling the vacancy. <br /> <br />The reasoning and conclusions set forth in the cited Attorney General opinions, that neither the <br />proposal of charter amendments nor approval of proposed charter amendments can be performed <br />in the absence of a full complement of commission members, when viewed in light of the <br />requirements of Minnesota Statutes, Section 410.05 for the filling of vacancies, appears to <br />continue to be valid.1 <br /> <br />Authority to convene a meeting: how many members constitute a quorum? <br /> <br />The answer to the question regarding quorum requirements is related to the above conclusion. <br />The common law rule for the composition of a quorum is that: <br /> <br /> <br />1 The League of Minnesota Cities has similarly concluded that the “commission should always contain its full <br />complement of members.” League of Minnesota Cities, Handbook for Minnesota Cities, Part I Form and Structure <br />of the Minnesota City, Chapter 4: the Home Rule Charter City, pg. 4-8 (last revised 7/25/2007).