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Home My WebLink About09-24-2007 Ericson Memo to Council Item No: 7B Meeting Date: 09-24-07 Type of Business: CB Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Interim City Administrator Item Title/Subject: Discuss Resolution 7158 Establishing the Process for Determining the Sufficiency of Petition Pursuant to City Charter Background With the adoption of Ordinance 790 by the City Council on July 23, 2007, the following language was added to the Charter: “Consistent with the provisions of this Charter and the applicable state laws and rules, the Council may prescribe by ordinance or resolution, the definition of a frivolous petition.” At that meeting, the City Attorney provided a draft of a resolution (attached) that would be adopted by the Council in order to provide a definition of a “frivolous” petition. The resolution was reviewed in greater detail at the City Council’s August 6 worksession. Discussion Based upon discussion that occurred at Council meeting on July 23 and August 6, the following characteristics were reviewed and considered by the City Council to define such frivolous petitions: • The apparent number of signatures must match the number of signatures required to have a valid petition. • All signatures used to calculate the necessary number of signatures must be original signatures (i.e. not photo copies). • All signature pages used in the calculation are in the proper form with the petition language clearly stated on each page. • The required information regarding the sponsoring committee members must be present. • That at least eighty percent of the required signatures must be legitimate on their face or upon validation. The final characteristic was discussed at length during the August 6 worksession and relates to those signatures deemed not legitimate either on their face (e.g., cartoon characters, non- living persons, children) or after validation. Based on this final characteristic, a petition could appear valid at first glance and proceed to the sufficiency stage, but if twenty percent (or more) of the signatures are found to be invalid or non-legitimate, the petition would be deemed frivolous rather than insufficient. Frivolous Petition Report September 26, 2007 Page 2 Recommendation It is recommended that the City Council review Resolution 7158 which outlines the criteria and characteristics constituting a frivolous petition. Additional criteria or characteristics may be added to the resolution as deemed necessary. ________________________ Jim Ericson Interim City Administrator Attachments: 1. Resolution 7158 RESOLUTION NO. 7158 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING THE PROCESS FOR DETERMINING THE SUFFICIENCY OF PETITIONS PURSUANT TO CITY CHARTER WHEREAS, Section 5.02 of the Mounds View City Charter provides the City Council with the authority to prescribe by ordinance or resolution the definition of a frivolous petition; and WHEREAS, Section 12.12 of the Mounds View City Charter provides that “the Council shall by ordinance, resolution, or other appropriate action make such regulations as may be necessary to carry out and make effective the provisions of . . . [the] Charter;” and WHEREAS, the City Council desires to establish a procedure for review of petitions filed pursuant to the Mounds View City Charter as well as to define petitions that are deemed to be frivolous; and WHEREAS, the City Council desires to provide City staff and the citizens of the City of Mounds View with adequate guidance as to the review process to be undertaken by City staff and the City Council in order for the City Council to determine the sufficiency of petitions filed pursuant to the Mounds View City Charter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the recitals set forth above are hereby incorporated into and hereby made part of this Resolution as if fully set forth herein; and BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View hereby establishes that the following materials are to be utilized in the review and determination of the sufficiency of petitions submitted pursuant to the Mounds View City Charter: 1. Mounds View City Charter; 2. Minnesota Statutes; 3. Minnesota Rules; 4. Judicial interpretations of federal, state and local laws, rules and regulations; 5. Attorney General interpretations; 6. State agency, etc. interpretations; and Resolution 7158 Page 2 BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View hereby establishes that any petitions submitted pursuant to the Mounds View City Charter shall be reviewed consistent with all federal, state and local laws, rules, regulations and judicial interpretations thereof, in order for the City Council to determine the sufficiency of such petition consistent with the Mounds View City Charter; and BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View hereby finds that petitions deemed to be frivolous pursuant to the Mounds View City Charter may include, but not be limited to, the following characteristics: 1. The apparent number of signatures must match the number of signatures required to have a valid petition; 2. All signatures used to calculate the necessary number of signatures must be original signatures; 3. All signature pages used in the calculation are in the proper form with the petition language clearly stated on each page; 4. The required information regarding the sponsoring committee members must be present; 5. At least eighty percent of the required signatures must be legitimate on their face or upon validation; and, BE IT FURTHER RESOLVED, the City Council of the City of Mounds View hereby establishes that all petitions submitted pursuant to the Mounds View City Charter shall be reviewed consistent with this Resolution, the Mounds View City Charter and all applicable federal, state and local laws, rules, regulations and judicial interpretations thereof; and NOW, THEREFORE, BE IT FINALLY RESOLVED, by the City Council of the City of Mounds View that City staff is authorized to take all steps necessary and convenient in order to carry out the intent of this Resolution. Adopted by the City Council of the City of Mounds View this 24th day of September, 2007. _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ Jim Ericson, Interim City Clerk / Administrator (SEAL)