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HomeMy WebLinkAboutK&G_DOCSOPEN-#761289-v3-Memo_to_Charter_Commission_regarding_Charter_languageKennedy Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis MN 55402-1299 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy- graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D MEMORANDUM Date: November 9, 2021 To:Chair Russell Warren and Charter Commission Members Nyle Zikmund, City Administrator From:Scott J. Riggs, City Attorney Joseph L. Sathe, Assistant City Attorney Re:Chapter 4 of the Mounds View City Charter The Charter Commission requested that Kennedy & Graven provide an update on proposed language for Chapter 4 of the Mounds View City Charter related to Nominations and Elections. The intent of the suggested revisions is to simplify the existing City Charter language as well as to make such language consistent with Minnesota Statutes. Further, simplified City Charter language that follows Minnesota Statutes allows for election consistency and statutory interpretation and application in Ramsey County. The intent of the proposed language is to more closely rely on existing statutory language without repeating it verbatim in the City Charter and to adjust timing for appointments for City Council vacancies. A.As to general election language for the City Charter (see Sections 4.01, 4.02, 4.03 and 4.04), the following proposal includes the language necessary to reference Minnesota statutory requirements for elections, while greatly reducing the verbose and somewhat redundant existing language of the Charter. Sections 4.01, 4.02, 4.03 and 4.04 of the Charter could be replaced by the following language: Section 4.01. The Regular Municipal Election. A regular municipal election shall be held on the first Tuesday after the first Monday in November of each even-numbered year at such place or places as the City Council may designate. The City Administrator shall give the appropriate notice of the time and place of holding such election and of the officers to be elected as required by Minnesota law, but irregularities in giving such notice shall not invalidate the election. Section 4.02. Special Election. The Council may by resolution order a special election and provide all means for holding it. The City Administrator shall give the appropriate notice of a special election as required by Minnesota law. The procedure at any such election shall conform as nearly as possible to that prescribed for other City elections. MU210\4\761289.v3 Section 4.03. Filing for Office. Any voter of the City qualified under the Constitution of the State of Minnesota for elective office may, by filing an affidavit and paying a proper filing fee, have their name placed on the municipal primary election ballot or, if there is no primary election, on the municipal election ballot, with all such actions being consistent with all procedural requirements as required by Minnesota law. Section 4.04. Procedure at Elections. Subject to this Charter and applicable Minnesota law, the Council may by ordinance further regulate the conduct of municipal elections. Except as otherwise provided by this Charter and supplementary ordinances adopted consistent with Minnesota law, general Minnesota law on elections shall apply to municipal elections. B.Section 4.02, subdivisions 2, 3, and 4 of the City Charter limits the number of terms an elected official may serve and similar provisions have been deemed invalid and unconstitutional pursuant to a Minnesota court decision.1 As such, these subdivisions should be repealed. C.Section 4.05 of Chapter 4 of the City Charter provides the appointment process for vacancies on the City Council. It should be noted that the majority of cities in the state of Minnesota follow the process in Minnesota Statutes, section 412.02, subdivision 2a. for appointments to City Council positions (there are 746 statutory cities that follow this statute; there are 107 charter cities that may follow this statute). Minnesota Statutes, section 412.02, subdivision 2a. provides as follows: Subdivision 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. All of the provisions of the Minnesota Election Law are applicable to special elections as far as practicable. Using this statutory language as a guide and incorporating the apparent City Council consensus of establishing that an election shall be used to fill a council vacancy when 18 months or more (rather than the two years provided in Minnesota Statutes, section 412.02, subdivision 2a.) remains in the term of the vacant office, and 1 A city charter provision limiting the term of an elected city official is unconstitutional and unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995). MU210\4\761289.v3 making an appointment if less than 18 months remain, simplification of Section 4.05 could be accomplished with the following language: Any vacancy in an office shall be filled by Council appointment until an election is held as provided in this section. In each case, the City Council shall by resolution declare such vacancy to exist and shall appoint an eligible person to fill the vacant office until the next regular City election is held. In the case of a tie vote in the City Council for a vacancy in the position of a City Council member, the Mayor shall make the appointment. In the case of a tie vote in the City Council for a vacancy in the position of Mayor, the Acting Mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular City election and more than eighteen (18) months remain in the unexpired term, a special election shall be held at or before the next regular City election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular City election or when less than eighteen (18) months remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. All of the provisions of the Minnesota Election Law are applicable to special elections as far as practicable. The above language could also be applied in the situation of a vacancy in the position of the Mayor, even though this a position with a two-year term, rather than the four-year term for the position of a City Council member. The above suggested, succinct language for Section 4.05 of the Charter is consistent with the simplified and succinct language utilized to determine/declare a council vacancy that is presently contained in Section 2.05 of the City Charter (which incorporates extensive Minnesota statutory language without reciting it in the Charter). Please let me know if there are any question, clarifications or comments regarding the above suggested language and comments. MU210\4\761289.v3