HomeMy WebLinkAbout2006-6-08 City Attorney Memo to Commission re Section 4 Amendments
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C H A R T E R E D
MEMORANDUM
DATE: June 8, 2006
TO: Jonathan Thomas, Chair, Mounds View Charter Commission
FROM: Scott J. Riggs, Mounds View City Attorney
RE: Charter Amendments
Jonathan:
While I wanted to discuss this matter with you prior to forwarding, here are my initial attempts at
drafting some language for the charter issues that we discussed earlier this week:
1. Minnesota Statutes Section 410.20 applicability to Charter Sections 5.01, 5.05 and 5.07.
A possible footnote for Charter Sections 5.01, 5.05 and 5.07 would be as follows:
Despite the language of Minnesota Statutes Section 410.20, upon which Charter
Section 5.05 and Section 5.07 are based, Minnesota courts have limited the powers of
initiative and referendum to ordinances which are legislative in character. In
determining whether an ordinance is legislative and potentially subject to the initiative
or referendum process, Minnesota courts have distinguished between legislative,
administrative and quasi-judicial acts of a city. General legislative acts lay down some
permanent and uniform rule of law, administrative acts relate to daily administration of
municipal affairs, and quasi-judicial acts are the product of investigation, consideration
and deliberate human judgment based upon evidentiary facts of some sort.
2. Standard language for the enacting clause of an ordinance that contemplates a “suspension” time
period in the event of a referendum challenge.
The following may work as standard language for the enacting clause of an ordinance:
SECTION ??. This Ordinance becomes effective thirty (30) days after its
publication in the official City newspaper, unless challenged by a petition for
referendum pursuant to Chapter 5 of the City of Mounds View Charter, wherein the
Ordinance shall take effect consistent with the requirements of Chapter 5 of the Charter.
Please feel free to contact me with any further comments or questions. Thank you.
SJR:jms