HomeMy WebLinkAbout2020 Charter Commission Legal Representation Memo Jan 2020
Memorandum
to:
Mounds View Charter Commission Chair
from:
Nyle Zikmund, City Administrator
re:
City Attorney Relationship
date:
January 16, 2020
Background:
At the January 6, 2020 Council Workshop you requested that the council provide you with a clear understanding of the working relationship between the City Attorney, Charter Commission,
and Council.
Executive Summary:
The City Attorney works directly for the City Council. Council has authorized and directed that communication and direction with the City Attorney shall occur thru the City Administrator
other than those specific times the council is meeting in posted session when there is direct communication.
Specific to the Charter Commission – communication/interaction with the City Attorney should occur via the City Administrator. The Council budgets for and has supported legal costs
for the purpose of ensuring the Commission has legal advice when requested.
Governance:
Cities are a creation of the Minnesota Legislature (the primary authorizing statutes are found in Minnesota Statutes, Chapter 410 (charter cities) and in Minnesota Statutes, Chapter
412 (statutory cities)) that provide the structure under which they operate. There are three forms of statutory cities: Standard Plan, Optional Plan A, and Optional Plan B Cities.
Cities may also opt out of being a statutory city by adopting a Home Rule Charter – vis-a-vis, a Charter Commission and community election to adopt.
If the Charter form of government is approved, the Charter then becomes the governance document, as adopted and amended from time to time in accordance with state statute, and within
the parameters set by state statute as both the city and charter commission are creations of the legislature. A Charter Commission cannot exist without a city and statute prescribes
that the council may provide input/advice to the Court – who appoints commission members; on whom they would like to have appointed.
The Charter Commission is similar to other commission such as Park Rec, Forestry and Planning in that they are part of the overall operation of a city. All focus on issues related to
their name with the Charter Commission being specific to the governance.
Legal Representation/Counsel:
Cities have levy authority and almost universally, have either a contract city attorney or in some cases, employ them directly. Mounds View has two contracts with legal firms. One
with Kennedy and Graven for municipal, development and civil matters and one with HJ Law specific to prosecution. matters
Charter Commissions have no levy authority and thus have not revenue to pay for an attorney. Minnesota Statutes, Section 410.06 provides that Charter Commission may hire an attorney
and the City shall cover the expenses but limits those expenses to no more than $1,500 per fiscal year. The Mounds View City Council has historically, over the past number of years,
budgeted $2,000 per year for Charter Commission legal costs.