Order-Other - Laserfiche WebLink

Home Browse Search

8 sleeping on the job). The court’s Findings of Fact in this case compel a conclusion that petitioner failed to meet her burden of proving cause or sufficient cause for respondent’s removal from office. 4. Petitioner blames respondent for the city’s failure to act on proposed charter amendments. According to Minn. Stat. § 410.12 (2018), there are multiple ways to amend a city’s charter. First, qualified voters may petition to place a city charter amendment on the ballot for voter approval. Id., subd. 2-4. Second, an amendment may be proposed by the City Council by ordinance. Id., subd. 5. The ordinance is then submitted to the charter commission, which may approve, reject, or amend the proposed amendment. Id. The council may submit to city voters the amendment as originally proposed or as amended by the charter commission. Id. Finally, upon recommendation of the charter commission, the city council may enact a charter amendment by ordinance without submitting the question to voters. Id., subd. 7.1 5. Section 410.12 does not prefer one amendment method over another. As such, the failure of the city council or the charter commission to pass a charter amendment does not lead to a conclusion that either was inefficient or ineffective. Moreover, if the Mounds View City Council is frustrated that the Mounds View Charter Commission did not act on a proposed measure, the City Council may, by statute, act on its own and submit the measure it passed to city voters or to the Charter Commission. Minn. Stat. § 410.12, subd. 5 (2018). It is therefore both disingenuous and inaccurate for the City Council to blame either the Charter Commission, a Charter Commissioner, or a group of Charter Commissioners for the City of Mounds View’s failure to enact a city charter amendment. 6. Petitioner blames respondent for the Charter Commission’s failure to operate with a full membership complement. Petitioner failed to prove that respondent had anything to do with 1 Subdivision 7 also contains a vehicle by which voters may petition to place the charter amendment ordinance on the ballot. Minn. Stat. § 410.12, subd. 7 (2018).