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• SUBJECT: Policy Referral <br /> The attached proposed policy on Charter Authority was <br /> submitted to the AMM General Legislation Committee by <br /> Desyl Peterson, Minnetonka City Attorney at the request of <br /> the Minnetonka Charter Commission. <br /> The AMM committee considered the requested policy and <br /> determined that: <br /> 1. the issue is of statewide nature without particular <br /> metropolitan significance, and <br /> 2 . the verbal request was for authority to limit number <br /> of consecutive council terms but the draft is <br /> significantly broader and should be rewritten to <br /> specifically apply only to council terms . <br /> The issue was referred to the LMC on a notion by Mark <br /> Nagel with a request that the appropriate committee <br /> consider it in the narrowed version of 'authority to limit <br /> consecutive council terms by referendum' . You might note <br /> that the Minnetonka City Council has not acted upon or to <br /> my knowledge even seen the proposal . Karen Anderson, <br /> Minnetonka Councilmember Chairs the AC4 Committee. <br /> • <br /> PROPOSED POLICY <br /> CHARTER AUTHORITY: QUXLIFICATIONS FOR OFFICE <br /> Article XII, Section 3 of the Minnesota Constitution allows the <br /> Legislature to provide by law for the qualifications of local <br /> elective offices . While Minn. Stat. 1410.07 authorizes hone <br /> rule charters to prescribe the scheme and operation of municipal <br /> government and the duties of municipal officers , it does not <br /> specifically include the establishment of qualifications for <br /> office. An Attorney General's Opinion from Xpril 14 , 1981 , <br /> concludes that city charters cannot designate qualifications for <br /> elective office Without specific Legislative authorization. As <br /> a result, the opinion states that a charter could not limit the <br /> number of consecutive terms served by a city council member. <br /> Just as cities are allowed to choose their own form of <br /> government, they should be allowed to control the qualifications <br /> of . their officers . The Legislature should amend its statutes to <br /> broaden cities' control over their o;.m local governance. <br /> THE AXM RECOMMENDS THAT THE LEGISLATURE AMEND MINN. STAT. <br /> • 1410. 07 TO ALLOW CHARTERS TO PRESCRIBE QUALIFICATIONS FOR LOCAL <br /> OFFICE. <br />