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Home My WebLink AboutVarious Docs Page 1 of 2 Kurt Ulrich From: Jonathan J Thomas [jthomas@usinternet.com] Sent: Friday, February 04, 2005 3:01 PM To: Kurt Ulrich Subject: Charter issues Kurt. At our Jan 13, 2005 meeting we discussed the following issues and determined they need to coordinated with the Attorney for careful consideration of a couple issue. The discussions we have had over the past several months relating to the specification of and amount of teh fee for "Filing for Office" seemed to indicate the the fee was being dictated by our Charter and therefor should be actually stated specifically in the Charter. However, on more careful examination, the Charter language was intended to show that the Charter is defering that item to the MN State Statute language and proceedure and in fact is a direct quote from teh MN Statute to indicate the intention. We feel that it is then done properly as stated, but would welcome a recommendation to modify the wording if a change would make understandability better. The result is that we feel the intent was and should remain that the City set the fee by Ordinance as long as the MN Statute specifies that is the proper method and if the Statute is changed in the future, the new Statute language would be the directive in this matter. Regarding the changes requested to the proposed revisions to chapter 5, in section 5.03 there was a request to add a new requirement for the Clerk-Administrator to notify the City Council with 5 working days of receipt of a petition that it had been received and is being reviewed in regard to its sufficiency. The Charter Commission feels that request is redundant with the 10 day requirement to notify the City Council of the determination of sufficiency and may create a legal difficulty due to a possible misinterpretation as a notice of sufficiency that could later be challenged. It also results in a problem of definition of the meaning of"notify the City Council" since there are many instances of 5 working days during which there is no normal opportunity to notify the City Council. We do think it would be reasonable to expect the Clerk-Administrator to inform the City Council of any such events that occur at any regularly scheduled meeting but do not think the language to produce that result is required in this case. Section 5.03. Determination of Petition Sufficiency. The committee must file the completed petition in the office of the Clerk-Administrator. 2/9/2005 Page 2 of 2 The Clerk-Administrator shall provide the number of total ballots cast for President in the most recent Presidential election. For a petition to be sufficient, the required number of signatures shall be a percentage of that number. • Petitions for Initiative and Referendum require at least 15 percent. • Petitions for Recall, at least 25 percent.  Within 5 workin. da s of recei et of the •etition the Clerk-Administrator shall notif the Cit Council that a petition has been received and and is being reviewed in regard to its sufficiency. Within 10 working days of receipt of the petition, the Clerk-Administrator shall determine its sufficiency. Upon final determination of sufficiency, the Clerk-Administrator shall report the date of the determination and its sufficiency to the Council at or before the next regularly scheduled meeting. Upon receipt of the report,the Council shall immediately declare the sufficiency of the petition by resolution including the reported date of determination of sufficiency.  Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk-Administrator determines that the sufficiency of a petition cannot be declared, it shall be determined to be insufficient or irregular. The Clerk-Administrator shall deliver a copy of the petition,together with a written statement of its defects, to the sponsoring committee and to the City Council. The committee shall have 30 calendar days in which to file additional signature papers and/or to correct the specified irregularity. Within five working days of receipt of the corrected petition,the Clerk-Administrator shall determine the sufficiency of the petition as corrected and proceed as directed in Section 5.03. If the petition is still insufficient or irregular, this shall be considered the Final Finding and the Clerk-Administrator shall file the petition as noted and immediately notify the sponsoring committee that no further action will be taken. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose. Except in the case of a petition for recall, it shall not prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. Jonathan J Thomas 763-784-5205 jthomas@usinternet.corn A word aptly spoken is like apples of gold in settings of silver. Proverbs 25:11 (NIV) 2/9/2005 (.4,ailio,/- (__/ 0/2wii›)/c)...---L. r Ek 7 ' Cc_ Section 5.01. ._`'- - a. -- - -_ _ v - - ' -_= - General Voter Authority. The people of Mounds View reserve `o `h msel e have the power-sright, in accordance with the provisions of Council tothis Charter, to propose ordinances [initiative] and to require that any ordinance be referred to th- - - - _ _ - _ ___ _ • _ _ _• ___ 6 ,_ , _ _ _ - -3 voters [referendum', except those that appropriate money or levy taxes. The voters also have the right to remove elected public officials. - --- __,.- - - -_ _ - -_ - - '-• ._ ', -, - - - - -6 --, _-_ -- -- respectively [recall]. The term voter(s), as used in Chapter 5, shall refer only to residents of the City of Mounds View who first register, or who have registered and are qualified to vote. Per Minnesota Statute 200.039 (as amended), eligibility to sign the petition is not restricted to only those who were eligible to or did cast ballots in the previous election. Section 5.02. Provisions f__ Petitions. ATo circulate a petition provided for under this chapter-shalt, it must be sponsored by a committee of five registered-or more voters of the City whose names and addresses shall-appear on the petition. A petition may consists of one or more papers, butpages with each separately circulated paper shall containpage containing at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. Each signer shall be a registered voter of the • , _ - _ - - _ -•_ - - -. - - -' - - - --The committee may obtain a sample petition from the city Clerk-Administrator. All petition circulators must be voters of the City. Each separate page of the petition sha+lmust have appended to it a certificate by the circulator, verified by oath;. The certificate shall affirm that each signature appendedefete-was made in theirthe circulator's presence and that the circulator believes them to be the genuine signature of the per-sonvoter whose name it purports to be. - - _- _ - -- _ •- _ - - - • '-_ - - -z _- _ --•_- - and that each signer was presented with the full petition. Each signer of a petition must be a voter of the City and registered to votemust sign and print their name and give their street address. Any persanvoter whose name appears on a petition may withdraw their name by filin a statement in writing filed with the Clerk-Administrator before saidthe Clerk-Administrator advises the Council of the sufficiency of the petition. Section 5.03. Determination of Petition Sufficiency. The committee shall must file the -.Ns! completed petition in the office of the Clerk-Administrator. The Clerk-Administrator shall provide v the number of total ballots cast for President in the most recent Presidential election. For a petition to be sufficient, the required number of signerssignatures shall be 4 - -= a percentage of that number. • Petitions for Initiative and Referendum require at least 15 percent. • Petitions for Recall, at least 25 percent. ,, - - • '• - _ - -- - _ - - _ _ - -- _- _ - - - _ - �, r Within 10 working days of receipt of the petition, the Clerk-Administrator shall exam ne the "..'0.- determine its sufficiency. Upon final determination of sufficiency, the Clerk- - +► Admin ster hall report the date of the determination and its sufficiency and report to the Council with, days. Upon receivingto the Council at or before the next regularly scheduled meeting. Upon receipt of the report, the Council shall immediately declare the • - sufficiency of the petition b resolution includin• the resorted date of determination of sufficienc . iZ Section 5.04. Disposition of Insufficient or Irregular Petition. If the CouncilClerk- -1 i `--1' Administrator determines that the sufficiency of a petition is cannot be declared, it shall be determined to be insufficient or irregular. The Clerk-Administrator shall deliver a cop of the (1' petition, together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty30 calendkrdays in which to file additional signature papers and/or to • correct the = - ' ••••- _ _ - - = -- _ - - _ , ' — _ _ _ :- . ._- _ _ , - - fivespecified irregularity. Within five working days of receipt of the corrected petition, the Clerk-Administrator shall === - - __ _ - - _- - -• . - - _- - -• •-_- -= determine the sufficiency of the petition as corrected and proceed as directed in Section 5.03. If the petition is still insufficient or irregular, this shall be considered the Final Finding and the Clerk-Administrator shall file the petition as noted and immediately notify the sponsoring committee that no further action will be taken. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose. Except in the case of a petition for recall, nor it shall it not prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. Section 5.05. Initiative. Any ordinance may be proposed by a petition which shall state at - _ : _ ._ : _ . The exact text of the proposed ordinance must be stated at the head of each page of the petition. Wtlhe Council passesmust act upon the proposed ordinance amendments,-an`' "within 60 calendar days after final determination of the •etition's sufficienc under the •revisions of Section 5.03 of this chaster. The Council ma amend the proposed ordinance and must provide such amendments to the petition committee. A majority of the sponsoring committee do notof the petition may disapprove the amended form by filing a statement filed with the Clerk--Administrator within teft14 calendar days oft the Counciithe receipt of the amended ordinance. If the sponsoring committee does not file disapproval, the ordinance needs not required to be submitted to the voters. If the Council fails sixty days after the final determination of sufficiency of the petition, the ordinance as originally proposed for enactment. U son thine a statement of disa.*royal the •ro.osed ordinance as stated on the original petition, must be placed on the ballot at the next election occurring in the City. If there is no regularly scheduled election •- _ _--- • -•- : =_ . - _- - - - . •-_ _ -- petition within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, at or before its next regularly scheduled meeting, the Council shall call a special election =- - - _ - - - - - :- • _ -- ' . _ - _- - •-: : - - - : :' - to take place within 90 calendar days of said meeting. If the ordinance receives a majority vote in its favor, it shall become effective thir-ty30 calendar days after adoption unless the ordinance specifies a later effective date. Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the e-leetersvoters to propose amendments to this charter. Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be subjected to a referendum by a petition which shall state at the head of each page,er-attached fie,the exact text of the measure to be considered by the =:�-efatevoters. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the-said ordinance shall thereby be prevented from enactment, and the subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If there is no regularly scheduled election is to occur within 120 days after the filing of the petition within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall immediately calla special election to =- - - •- - _ _ _ ,•i•-_ - - _- ._- -_- =- - - take place within.90 calendar days of said meeting. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority a - - - - - _ - '-a - - -_ - votes against the ordinance contained in me petition, it shall be considered repealed upon certification OT the election results. (Amended, Ord. 651, 8-16- -2060) Section 5.08. Recall. Consideration-by tThe electoratevoters of the City may request a. recall vote of any elected effieerofficial of the City may be initiated by petition. The petition shall state at the head of each page, or attached thereto, the name of the effieerofficial whose removal is sought, the grounds for recall, which shall be constituting malfeasance; or misfeasance , in not more than 250 words, and the intention of the sponsoring committee to bring about the o fieer'sofficial's recall. SuehThe petition shall be filed in the Clerk-Administrator's office prior to circulation. If the petition or-amended petition is feunddetermined sufficient under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall trarrsmitsubmit it to the Council without delay, andas required. The Clerk-Administrator shall also officially notify the person official sought to be recalled of the sufficiency of the petition and of the pending action. The within five working days. Within five working days of notification the official may .rovide an answer stating the 'ustification of their course of action in not more than 500 words. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall et t neimmediately call a special election to take place within 90 calendar days of said meeting. The Clerk-Administrator shall include with the published notice of the election_the statement of the grounds for the recall and, ; -_ '- -_ - _ - -= o o - _-, the answer of the effieerofficial concerned '- - ' '=- - -=. - - - '- -or a statement stating no answer was received. '. _ = - . If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy.