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Mounds View Charter Commission Date: 3/9/2006 Charter Updates: Category 2 Items, Chapter 5 Revision—DRAFT 6 -BA Notes added Page 3 of 7 69 Within 10 calendar days of receipt of the petition, the Clerk-Administrator shall examine the 70 determine if its sufficiency can be declared 71 by the Citv Council.13 Upon reeeingfinal determination14, the Clerk-Administrator shall re on rt the 72 date of the determination and its sufficiency15 to the City Council. Upon receipt of the report, the 73 QbLCouncil shall dete rtine' immediately declare the 74 sufficiency of the petition by resolution, includingtported date of determination of 75 sufficiencul'. 76 77 Section 5.04. Disposition of Insufficient or Irregular Petition. If the Gotm-,11Clerk- 78 Administrator determines that the sufficiencv18 of a petition iscannot be declared, it shall be 79 determined to be insufficient or irregular.19__,4ke-The Clerk-Administrator shall deliver a copy of 80 the petition, together with a written statement of its defects, to the sponsoring committee and to the 81 City Council within 10 calendar days. The committee shall have 4ti�21 calendar20 days in which 82 to file additional signature papers and/or to correct the petition in all other pailiettlafs, exeept that, 83 in the ease of a petition for ireeall, the eommittee may not ehange the stalement of the grounds on 84 whieh the reeall is sough specified irre ulg aritv21. Within€rve9 calendar days of receipt of the 85 corrected petition, the Clerk-Administrator shall again report to the Gotmeil. if the Gotmeil finds 86 that the petit determine if sufficiency of" the petition as corrected can be declared by the City 87 Council and proceed as directed in Section 5.03. If the petition is still insufficient or irregulri2, the 88 City Council shall pass a resolution of insufficiency and this shall be considered the Final Finding. 89 The Clerk-Administrator shall file the petition as noted and notify the sponsoring committee within 90 10 calendar days24 that no further action will be taken. The€Final(Finding that the petition is 13 The Clerk-Administrator responsibility is to determine if the number of signatures is present,it is not to notify the Council that they can or can not declare sufficiency. There is nothing that prevents the Council from declaring sufficiency or from moving the matter on its own if there aren't enough signatures. 14 A better word here is"examination". 15 The correct statement should be"report the signatures examination and count totals" 16 We need to reject the deletion as it stands and add the word"and" 17 What is the purpose of the date? 18 The Clerk-Administrator is"determining if the signatures meet the required quantities as stated in 5.03"not sufficiency. 19 We have lost the responsibility and authority of the Council to be the sole body that can declare insufficiency or irregularity. We need to make sure we don't misplace that authority. 20 Can we find a way to make this 30 days again? Don't we need to specify this is calendar days? 21 We need the Clerk-Administrator to report what the Council has determined and not her/his opinion of irregularity. How can we establish the language to reflect this? We need the Council to get a staff report of signature or language issues from Clerk-Administrator who works with city lawyer to determine if MN Statutes for charter city or controlling Statutes would be violated if the Council approved the petition. Irregular has too broad of a meaning and we need to consider exactly why a petition might need corrections. Yes this is hard work,but we want measurable and verifiable criteria and not practices to manage this reason. 22 We should delete"if sufficiency"from this sentence. 23 We need to be more specific than saying irregular. We actually mean the Clerk-Administrator shall include the reason the Council has rejected the Petition. 24 Can this be a shorter time period, like five days. The petitioners are probably at the meeting,but the community and signers may not be. There was frustration by some of the signers on our street petition that they were not notified by the City of the final status of the petition. City of Mounds View