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Original Message <br />Subject: Sample Charter Language <br />Date: Wed, 11 Jul 2007 12:52:23 -0500 <br />From: Riggs, Scott J. <sriggs@Kennedy-Graven.com> <br />To: Kurt Ulrich <KurtU@ci.mounds-view.mn.us>, Jonathan J Thomas <jthomas@usinternet.com>, <br /><barbaralthomas@hotmail.com> <br />CC: Jim Ericson <JimE@ci.mounds-view.mn.us>, Short, Jean M. <jshort@Kennedy-Graven.com> <br />To all: <br />In response to the discussion at the Council meeting on Monday, below are my first attempts at possible Charter <br />language granting the authority to the Council for establishing any necessary regulations as to <br />interpreting/analyzing/determining petition sufficiency. While the grant of authority may appear somewhat broad, in <br />reality, the authority language is likely fairly limited as any specific "rules of interpretation" established by the Council by <br />ordinance or resolution must be consistent with Minnesota statutes (Chapter 410, etc.), Minnesota rules (Chapter 8205 -- <br />which is fairly specific), case law interpretations and the Charter. Unless the Council would desire to specifically directly <br />address the situation of a "frivolous" petition (e.g., submitting five names when hundreds would be required by the <br />Charter; which a plain reading of the charter may allow to be deemed immediately insufficient), there may not be much in <br />the way of necessary rules of interpretation. It could also be argued that the Council already possesses the authority we <br />are attempting to establish in the language below based upon City Charter Section 12.12, which is a very broad, general <br />grant of authority. <br />Sample Charter Language: <br />Consistent with the provisions of this Charter and applicable state laws and rules, the Council may prescribed by <br />ordinance or resolution such rules of interpretation for the determination of petition sufficiency. <br />OR <br />Consistent with the provisions of Charter Section 12.12, the Council may prescribed by ordinance or resolution such rules <br />of interpretation for the determination of petition sufficiency that are in compliance with the laws and rules of Minnesota. <br />The sample language could likely be inserted into either Charter Sections 5.02 or 5.03, or elsewhere in the Charter. <br />Please feel free to call me to discuss. Thanks. <br />Scott J. Riggs <br />Kennedy & Graven, Chartered <br />612-337-9260 <br />ATTENTION: This message and any attachments are intended only for the named recipient(s), and may contain <br />information that is confidential, privileged, attorney work product, or exempt or protected from disclosure under applicable <br />laws and rules. If you are not the intended recipient(s), you are notified that the dissemination, distribution, or copying of <br />this message and any attachments is strictly prohibited. If you receive this message in error, or are not the named <br />recipient(s), please notify the sender at either the e-mail address or the telephone number included herein and delete this <br />message and any of its attachments from your computer and/or network. Receipt by anyone other than the named <br />recipient(s) is not a waiver of any attorney -client, work product, or other applicable privilege. <br />This message and any attachments are covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510- <br />2521. <br />