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<br />1 <br />DOCSOPEN\MU210\4\804273.v1-7/19/22 <br />Kennedy Fifth Street Towers <br />150 South Fifth Street, Suite 700 <br />Minneapolis MN 55402-1299 <br /> (612) 337-9300 telephone <br />(612) 337-9310 fax <br />http://www.kennedy-graven.com <br /> Affirmative Action, Equal Opportunity Employer <br /> Graven <br />C H A R T E R E D <br /> <br />MEMORANDUM <br /> <br />DATE: July 19, 2022 <br /> <br />TO: Chair Russell Warren and Charter Commission Members <br /> <br />CC: Nyle Zikmund, City Administrator <br /> <br />FROM: Scott J. Riggs, City Attorney <br />Joseph L. Sathe, Assistant City Attorney <br /> RE: Chapter 4 – Elections: Response to Commission Questions <br /> <br />This memo is in response to questions posed by the Charter Commission at its meeting on May 17, 2022, <br />that are provided below, verbatim, in italics. <br /> <br />Term Limits: Removing Language in Section 4.02, Subdivision 2. <br /> <br />If the Commission agrees to remove the language in Section 4.02 Subdivision 2 "Term Limits", but retain a <br />historical reference to the language, then how should the Commission proceed to accomplish that <br />step? For example, do we issue a resolution specific to deleting the language for Council unanimous <br />approval, or do we simply pass a motion directing the City Attorney to remove the language in the next <br />published version of the Charter? <br /> <br />To remove the term limit language in Section 4.02, the Commission could follow the process to amend the <br />Charter by ordinance found in Minn. Stat. 410.12, subd. 7. The Commission may pass a resolution <br />recommending the Charter be amended to removed Section 4.02, subdivision 2. The language would be <br />removed if the City Council unanimously approves an ordinance following the recommendation. <br /> <br />It would also be prudent to remove Subdivision 3 because its clarification that service before January 1, <br />1995, does not count towards length of service is related to term limits, and also otherwise does not apply <br />since all councilmember tenures began after 1995. <br /> <br />The historical language will be referenced in the Revision History section of the Charter through reference <br />to the ordinance removing the language. The best practice would be to remove Subdivision 2 and 3 and <br />make the Severability provision Subdivision 2. <br /> <br />Alternately, the Charter Commission could choose to recommend the following language to replace the <br />current language: <br /> <br /> Subdivision 2. (Amended by Ord. ____, Adopted ____, 2022). <br /> <br /> Subdivision 3. (Amended by Ord. ____, Adopted ____, 2022). <br />Offices in <br />Minneapolis <br />Saint Paul <br />St. Cloud <br />&