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Mr. James Ericson <br />February 10, 2016 <br />Page 2 <br /> <br /> <br />469537v6 SJR MU210-4 <br /> Answer: Because that constitutional amendment and its subsequent statutory changes <br />were considered to be a reorganization rather than a substantive change, the Attorney <br />General opinions cited herein appear to still be valid. <br /> <br />4) How is a negative change in CPI treated under the charter provision related to levy caps? <br /> <br /> Answer: Based on the plain language of the charter provision, a negative CPI must be <br />factored in which could result in a levy cap below two percent. <br /> <br /> <br />1. Authority to act without a full complement of members. <br /> <br />As presently constituted, the Commission is to be composed of 11 members, a number <br />apparently fixed by judicial order, and referenced in the Commission’s Bylaws (the “Bylaws”). <br />Based upon your August 20, 2015 email regarding this matter, the Commission currently is <br />operating with only three members, however, at recent Commission meetings, only two members <br />were present. <br /> <br />There is no case law directly on point regarding this matter, but based upon a review of opinions <br />from the Minnesota Attorney General and the statutory process for filling vacant commissioner <br />positions, it appears that a charter commission’s ability to act is severely restricted when it lacks <br />a full 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 Interpreting a since-repealed constitutional provision along with a 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. In reaching <br />this conclusion, the Attorney General noted that a simple and expeditious process existed for <br />filling commission vacancies by judicial appointment. The Attorney General further noted that <br />the requirement for a full complement of commission members to exist prior to commission <br />actions ensures that proposed amendments presented for review to the city council or the voting <br />public are the result of “studied consideration, discussion, debate and deliberate judgment of <br />fifteen resident freeholders of municipality.” Op. Atty. Gen., 58G, Sept. 28, 1950. The Attorney <br />General opinion suggests that the important work of revising a charter demands substantial <br />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