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MV City Charter Commission
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9 <br /> <br />recruiting challenges over the years. Moreover, the Charter Commission was also below full <br />complement in 2006-2009 when respondent was not a Charter Commissioner. Since the Mounds <br />View Charter Commission reduced its complement to nine members in January 2017, the Charter <br />Commission remained at its full complement other than brief periods when vacancies were being <br />filled. As already noted in this Order, the vacancies had nothing to do with respondent. <br />7. While arguing that the quorum issue is a “red herring”, petitioner goes on to argue <br />that the Mounds View Charter Commission cannot operate legally with fewer than its nine <br />authorized Commissioners regardless of the Charter Commission’s by-law defining a quorum. <br />(Pet’r’s Final Argument, Aug. 12, 2019 at 3-5.) Because petitioner seeks to have things both ways, <br />the membership and quorum issues will be addressed. It is not clear that the parties agree either <br />on what constitutes a quorum or the significance of having a quorum if there are fewer than the <br />authorized number of appointed Charter Commissioners. By statute, the district court must fix the <br />size of a charter commission at “not less than seven nor more than 15 members” unless the size is <br />determined by the city charter.2 Minn. Stat. § 410.12, subd. 1 (2018). In addition, the charter <br />commission “shall make rules, including quorum requirements, with reference to its operations <br />and procedures.” Id., § 410.12, subd. 2. The Mounds View Charter Commission adopted by-laws. <br />The Mounds View Charter Commission by-laws defines a quorum as follows: <br />In accordance with Minnesota Statutes Section 410.05, as amended, a quorum shall <br />be defined as follows: If there are nine (9) qualified and acting members, then five <br />(5) members shall constitute a quorum. If there are less than nine (9) qualified and <br />acting members, then four (4) members shall constitute a quorum for the purpose <br />of conducting the commission’s business and exercising its powers and for all other <br />purposes. If the commission lacks a quorum, a smaller number of members may <br />set a time to reconvene the commission, continue to meet as a subcommittee if <br />desired, and report their discussions to the commission. <br /> <br /> <br />2 The Mounds View City Charter does not address the size of the Charter Commission. The curr ent authorized <br />membership of up to nine members was set by court order. (File No. 62-CV-1263 (Dist. Ct. Jan. 3, 2017).)
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