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HomeMy WebLinkAboutCharterCommCh4-402_Reso2022-05_20220816_BA_DRAFTCharter Commission Chair Russell Warren 763-786-3591 Vice Chair Rebecca Scholl 651-503-3999 2nd Vice Chair Brandon Clawson 651-235-6052 Secretary Brian Amundsen 763-786-5699 Dennis Erickson 612-270-5293 Bob J King Jr 612-578-2340 Miranda Munson 651-295-2997 Jerry Peterson 612-607-3953 Gary Quick 763-786-4631 CHARTER COMMISSION MEETING Resolution 2022-05 September 20, 2022 Whereas, the Mounds View Charter Commission has discussed and desires to clarify the language in Chapter 4, Section 4.05 Vacancy in Municipal Elected Office, of the Mounds View Charter that may caused confusion or seem to be semantically incorrect. The Mounds View Charter Commission, acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the bold and double underlined language and by deletion of the bold and stricken language. The Mounds View Charter Commission requests the City Council adopt by ordinance those items it is in unanimous agreement with. We also request the City Council response within 30 days for any questions or clarification to any item as presented in the modification of language that the City Council is not in agreement with the Commission request. Section 4.02. Filing for Office. Subdivision 1. Pursuant to Minnesota Statute 205.13, subd. 1a, as amended, an affidavit of candidacy for a city office must be filed within the time frame specified and in accordance with the Statute with the exception that the fee portion of the Statute shall be superseded by the following: Any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee of $20 or by filing a petition in compliance with MN Statute 205.13, subd. 4, as amended, to the City Administrator, have their name placed on the municipal election ballot. (Amended by Ordinance 736, Adopted May 10, 2004, Filed May 19, 2004; Amended by Ord. 759, Adopted June 13, 2005, Filed June 22, 2005; Amended by Ord. 878, Adopted Feb 11, 2013, Effective May 12, 2013.) Subdivision 2.* Term Limits. Notwithstanding any other provision of law to the contrary, no person may file to be a candidate for election to a term that would cause the person to serve more than eight total years in the office of Mayor or in the office of City Councilmember combined. (11- 8-94 Election, Effective 12-8-94, Filed 2-21- 95) * 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) (Resolution 5435, 4-24-2000) Subdivision 32. Service before January 1, 1995 shall not count toward determining total length of service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) Subdivision 43. Severability. If any part of this section shall be declared unconstitutional by court, all others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, Filed 2- 21-95) Adopted, ____________ Respectfully submitted, ______________________________________ Warren Russell, Chair Brian Amundsen, Secretary