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Fifth Street Towers <br /> . . 150 South Fifth Street,Suite 700 <br /> Minneapolis,MN 55402 <br /> (612)337-9300 telephone <br /> • (612)337-9310 fax <br /> C H A R T E R E ❑ http://www.kennedy-graven.com <br /> Affirmative Action,Equal Opportunity Employer <br /> MEMORANDUM <br /> DATE: September 19, 2024 <br /> TO: Mounds View City Council <br /> Nyle Zikmund, City Administrator <br /> FROM: Joseph L. Sathe, Assistant City Attorney <br /> RE: Charter Amendment—Vacancies <br /> Second Reading and Consideration of Ordinance No. 1018 <br /> BACKGROUND <br /> On September 3, 2024, the City Council held the public hearing and first reading of a proposed <br /> amendment to the City Charter allowing the City Council to make appointments from a specified <br /> list to fill councilmember and mayoral vacancies. <br /> The purpose of this memo is to provide a legal review of the amendment and provide feedback. I <br /> have provided a high-level overview of six issues that I believe could be improved,need additional <br /> clarity, or should be revised. <br /> I do not recommend approving the amendment as written. Since the Council cannot change the <br /> language in the ordinance once presented by Council, I recommend voting against approval so <br /> revisions can be made by the Charter Commission. <br /> I have also provided potential alternative language of the amendment that reflects some of the <br /> items below and which the Charter Commission could use to propose an amendment by ordinance. <br /> The enclosed has not been reviewed by the Charter Commission. <br /> 1) Process Direction—City Administrator Role <br /> The appointment process is well described in the amendment. I suggest being more specific about <br /> the process and explicitly include that the City Administrator is to reach out to the list of potential <br /> appointees and present the first person who is willing to serve on the Council and qualifies. <br /> MU210\4\977140.v 1-9/19/24 <br />