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HomeMy WebLinkAboutK & G MEMO_Elections_Charter_Commisison 1 DOCSOPEN\MU210\4\804273.v1-7/19/22 Kennedy 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: July 19, 2022 TO: Chair Russell Warren and Charter Commission Members CC: Nyle Zikmund, City Administrator FROM: Scott J. Riggs, City Attorney Joseph L. Sathe, Assistant City Attorney RE: Chapter 4 – Elections: Response to Commission Questions This memo is in response to questions posed by the Charter Commission at its meeting on May 17, 2022, that are provided below, verbatim, in italics. Term Limits: Removing Language in Section 4.02, Subdivision 2. If the Commission agrees to remove the language in Section 4.02 Subdivision 2 "Term Limits", but retain a historical reference to the language, then how should the Commission proceed to accomplish that step? For example, do we issue a resolution specific to deleting the language for Council unanimous approval, or do we simply pass a motion directing the City Attorney to remove the language in the next published version of the Charter? To remove the term limit language in Section 4.02, the Commission could follow the process to amend the Charter by ordinance found in Minn. Stat. 410.12, subd. 7. The Commission may pass a resolution recommending the Charter be amended to removed Section 4.02, subdivision 2. The language would be removed if the City Council unanimously approves an ordinance following the recommendation. It would also be prudent to remove Subdivision 3 because its clarification that service before January 1, 1995, does not count towards length of service is related to term limits, and also otherwise does not apply since all councilmember tenures began after 1995. The historical language will be referenced in the Revision History section of the Charter through reference to the ordinance removing the language. The best practice would be to remove Subdivision 2 and 3 and make the Severability provision Subdivision 2. Alternately, the Charter Commission could choose to recommend the following language to replace the current language: Subdivision 2. (Amended by Ord. ____, Adopted ____, 2022). Subdivision 3. (Amended by Ord. ____, Adopted ____, 2022). Offices in Minneapolis Saint Paul St. Cloud & 2 DOCSOPEN\MU210\4\804273.v1-7/19/22 This second option is not in line with the other formatting throughout the Charter and unnecessarily leaves in additional (while minor) length, however it more specifically identifies the language that has been removed. Time Required for Special Election What is the statue required total time for Ramsey County to conduct a candidate special election? Ramsey County Elections Response: “You would need to notify the County with enough time for us to publish the notice of candidate filing. Depending on what election date the Commission would like to conduct the special election a notice of filing must be published at least two weeks before candidate filing starts. If the Commission would like to conduct an election on a regularly scheduled City Election in November candidate filing must begin 94 days before the general election for cities without a primary (Mounds View does not hold a primary).” What is Ramsey County Elections Office recommendation to smoothly conduct a special election, if it is different than statute? In 2017 Joe Mansky, Ramsey County Elections Manager, advised City Administrator Jim Erickson that 120 days should be considered, however both men are no longer involved in government affairs. Ramsey County Elections Response: “See above.” Uniform Election Dates In reference to the statute exception to uniform election date elections (MN 205.02 Subd.2), if Mounds View specified 120 days for a special election and because the Charter specifies the manner of holding a special election, could Ramsey County conduct a special election on the 120 day schedule at time, or must it be on the "uniform election dates" to avoid additional expenses of a special election? Ramsey County Elections Response: “The City will be charged for any special election not occurring on your regularly scheduled elections held on the November date.” Legal Response: When a general provision in a law is in conflict with a specific provision in the same or a different law, the two shall be construed, when possible, so that effect may be given to both. If that cannot be done, the specific provision shall control unless the general provision was more recently adopted. Minn. Stat. 645.26. Minn. Stat. 205.10, subd. 3a (a) providing that “[a] home rule charter city must not designate additional dates in its charter”, (adopted in 2017) therefore does apply even though it could be read to conflict with Minn. Stat. 205.02, subd. 2, providing that Minn. Stat. 205.10 does not apply to a city whose charter provides the manner of holding its primary, general, or special elections (last amended in 2013).