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Agenda - Charter Commission - 01/28/1999
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Agenda - Charter Commission - 01/28/1999
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Meetings
Meeting Document Type
Agenda
Meeting Type
Charter Commission
Document Date
01/28/1999
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CHR/S SMITH <br /> <br /> Court decisions <br />.:,T_erm limits ruled <br /> <br /> A coalition of city residents proposed <br />an amendment to the ci~'s home rule <br />charter limiting the terr4s of the mayor <br />and the city council members to eight <br />years. The coalition fried a petition <br />signed by a sufficient number of <br />registered voters to plac/~ their pro- <br />posed charter arnendmeht on the <br />ballot. The city council, however, voted <br />not to place the proposed amendment <br /> <br />on the ballot and the coalition filed <br />suit to compel the city to place the <br />amendment on the ballot. <br /> <br />Decision and analysis <br /> Although article VII, section 6 of the <br />Minnesota Constitution establishes the <br />eligibility requirements for holding <br />public office, the coalition argued <br /> <br />restriction based on a factor unrelated <br />to job performance. Because a term <br />limit is an eligibility requirement and <br />not a qualification, it is not authorized <br />under the Minnesota Constitution. <br />Accordingly, the city council properly <br />refused to place the proposed amend- <br />ment on the ballot even though all of <br />the procedural requirements had been <br /> <br />there was room for the enactment of met.'Minneap0lis Term Limits Coalition v.', <br />additional eligibility requirements. The -..Keefe,'~35 N.W.2d 306 (Minn. 1995). <br />Minnesota Supreme Court disagreed. <br /> <br />The court determined that while <br />"qualifications" for local office may be <br />established, the Constitution does not <br />authorize the establishment of addi- <br />tional "eligibility" requirements for <br />office. The court held that a term limit <br />is an eligibility requirement because it <br />has nothing to do with a person's <br />ability to perfo..rm the job; rather, it is a <br /> <br />A jailer is not a <br />guarantor of a <br />prisoner's safety <br /> <br />Facts <br /> Following his DWI arrest, the <br />plaintiffwas taken to the county jail. <br />Although the plaintiffsaid he felt <br />suicidal, and had a blood alcohol level <br /> <br />I [il I <br /> <br />To accommodate Irlcmaslng system demands, the <br />Gopher State OP}e Call Board of Directors Is <br />pleased to annoUnC, e the Implementation of the <br />latest In one-call technology... <br /> <br />PRISM. <br /> <br />With the use of dlgll~Zed mapping, PRISM will allow <br />members to fine tune their databases and <br />eliminate rr~ny unwanted tickets. <br /> <br />The Gopher State ~rOne Call Board would like to <br />extend a heartfelt ~lhank You' to tho Minnesota <br />Municipalities whose support and efforts have <br />helped to make Go~her State One Call one of the <br />largest one-c~ll centers In the nation. <br /> <br />If you have any qk!estions pertaining to thls new <br />system, do not he~ltote to call the Gopher State <br />one Callladrnlnlsffative lines: <br /> <br /> Call 48 HoUrSrBofore You Dig <br />454-0002 Twin Cilia,Area / 800-252-1166 Toll Free <br /> <br />DUAL-WALL .PIPE <br />Corrugated PE Pipe <br />with a <br />Smooth Interior' <br /> <br />*STRONG <br />*COST-EFFECTIVE <br />*DURABLE <br /> <br />GOLDFLO'S lightweight <br />and superior strength <br />can lower total project <br /> <br />Storm Drain or <br />Culvert Applications <br /> <br />JManufactured in Minnesota ] <br /> <br />costs by minimizing labor and machinery outlays, advancing <br />construction schedules and reducing downtime due to ad- <br />verse weather. Easier to install in tight places. <br /> <br />Meets or exceeds AASHTO M 294 and ASTM F 667 <br /> and SCS 606 specifications. <br /> <br />PRINSCO,Nc <br />Prinsburg, Minnesota 56281 <br />1-800-992-1725 <br />Call for a free catalog. <br /> <br />III <br /> <br />MINNESOTA CITIES / OCTOBER 1995 <br /> <br />55 <br /> <br /> <br />
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