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CharterCommCh4-402_Reso2022-05_20220816_BA_DRAFT
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CharterCommCh4-402_Reso2022-05_20220816_BA_DRAFT
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MV City Charter Commission
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Charter <br />Commission <br />Chair <br />Russell Warren <br />763-786-3591 <br />Vice Chair <br />Rebecca Scholl <br />651-503-3999 <br />2nd Vice Chair <br />Brandon Clawson <br />651-235-6052 <br />Secretary <br />Brian Amundsen <br />763-786-5699 <br />Dennis Erickson <br />612-270-5293 <br />Bob J King Jr <br />612-578-2340 <br />Miranda Munson <br />651-295-2997 <br />Jerry Peterson <br />612-607-3953 <br />Gary Quick <br />763-786-4631 <br />CHARTER COMMISSION MEETING <br />Resolution 2022-05 <br />September 20, 2022 <br />Whereas, the Mounds View Charter Commission has discussed and desires to clarify <br />the language in Chapter 4, Section 4.05 Vacancy in Municipal Elected Office, of the <br />Mounds View Charter that may caused confusion or seem to be semantically <br />incorrect. <br />The Mounds View Charter Commission, acting under Minnesota Statute 410.12 <br />Subdivision 7, recommends the following amendments by the addition of the bold and <br />double underlined language and by deletion of the bold and stricken language. The <br />Mounds View Charter Commission requests the City Council adopt by ordinance <br />those items it is in unanimous agreement with. We also request the City Council <br />response within 30 days for any questions or clarification to any item as presented in <br />the modification of language that the City Council is not in agreement with the Commission <br />request. <br />Section 4.02. Filing for Office. <br />Subdivision 1. Pursuant to Minnesota Statute 205.13, subd. 1a, as amended, an <br />affidavit of candidacy for a city office must be filed within the time frame specified and <br />in accordance with the Statute with the exception that the fee portion of the Statute <br />shall be superseded by the following: Any resident of the City qualified under state law <br />for elective office may, by filing an affidavit and by paying a filing fee of $20 or by <br />filing a petition in compliance with MN Statute 205.13, subd. 4, as amended, to the <br />City Administrator, have their name placed on the municipal election ballot. (Amended <br />by Ordinance 736, Adopted May 10, 2004, Filed May 19, 2004; Amended by Ord. <br />759, Adopted June 13, 2005, Filed June 22, 2005; Amended by Ord. 878, Adopted <br />Feb 11, 2013, Effective May 12, 2013.) <br />Subdivision 2.* Term Limits. Notwithstanding any other provision of law to the <br />contrary, no person may file to be a candidate for election to a term that would cause <br />the person to serve more than eight total years in the office of Mayor or in the office <br />of City Councilmember combined. (11- 8-94 Election, Effective 12-8-94, Filed 2-21- <br />95) * A city charter provision limiting the term of an elected city official is <br />unconstitutional and unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, <br />535 N.W.2d 306 (Minn.1995) (Resolution 5435, 4-24-2000) <br />Subdivision 32. Service before January 1, 1995 shall not count toward determining <br />total length of service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) <br />Subdivision 43. Severability. If any part of this section shall be declared <br />unconstitutional by court, all others shall remain in full force and effect. (11-8-94 <br />Election, Effective 12-8-94, Filed 2- 21-95) <br />Adopted, ____________ <br />Respectfully submitted, <br />______________________________________ <br />Warren Russell, Chair Brian Amundsen, Secretary
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