HomeMy WebLinkAboutStaff Report of Filing FeesItem No. 2
Meeting Date: September 20, 2004
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City Administrator Review _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree M. Crane, Administrative Assistant
Item Title/Subject: Candidate Filing Fees
On May 10, 2004, Ordinance 736 (attached) was adopted to amend Section 4.02 of the City Charter relating to “Filing for Office.” This ordinance became effective 90 days after its publication
in the official newspaper. The ordinance was published on Wednesday, May 19, 2004, which makes this City Charter amendment effective on August 19, 2004. Effective August 19, 2004,
Section 4.02 of the City Charter reads as follows:
Section 4.02. Filing for Office
Subdivision 1. Pursuant to Minnesota Statue 205.13, as amended no earlier than seventy days nor later than fifty-six days before any municipal election, any resident of the City qualified
under state law for elective office may, by filing an affidavit and by paying a filing fee to the Clerk-Administrator in an amount as set by ordinance, have their name placed on the
municipal election ballot. Amendments to Minnesota Statute 205.13 shall take precedence over this subdivision.
There has been an issued raised by a Councilmember on whether the fee for filing for candidacy is $5.00 or $20.00. Staff has been charging $5.00 for anyone filing for candidacy for
the 2004 Election. Staff researched this issue and found that according to Minnesota State Statute it states:
Subd. 3. Filing Fees: Unless the charter of a city provides the amount of the fee for filing an application or affidavit of candidacy for city office, the filing fee for a municipal
office is as follows:
In first class cities, $20;
In second and third class cities, $5; and
In fourth class cities and towns, $2.
The City charter does not provide the amount of the fee for filing an affidavit of candidacy for city office, nor does the City Code. However, the City Charter does state that, “…by
filing an affidavit and by paying a filing fee to the Clerk/Administrator in an amount as set by ordinance, have their name placed on the municipal election ballot.” No ordinance was
passed prior or after August 19, 2004, that states our filing fees are $20.00. Staff did find Ordinance 314 (attached), establishing our fees to be $5.00, passed on July 12, 1982.
The issue was discussed with the City Attorney and the attorney states that the fee should be $5.00 as set forth in Ordinance 314, since the Charter states that the fee must be passed
by Ordinance.
Recommendation:
Staff is looking for direction from the City Council pertaining to this matter. Staff recommends processing an Ordinance that states the City’s fees are $20.00 to be consistent with
Minnesota State Statute.
Respectfully Submitted,
Desaree Crane