HomeMy WebLinkAboutK&G_DOCSOPEN-#761289-v3-Memo_to_Charter_Commission_regarding_Charter_languageKennedy Fifth Street Towers
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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.
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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).
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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.
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