Agenda - Charter Commission - 01/08/2002 - Memorandum

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-2- definite form for either the acceptance or the oath; but the latter should adhere as closely as possible to the form laid down for public officers in the constitution and statutes (Minn. Const. Art. 5, Sec. 8; MoS.A. 358.05), as follows: "I, A B , do solemnly swear (or affirm) to support the Constitution'of the United States, and of this state, and faithfully discharge the duties of charter commissioner of the city of to the best of my judgment and ability." In case any appointee fails to file his acceptance and oath of office in the time specified, he is deemed to have declined to serve, and his place is filled by the judge by a new appointment. Charter Commission a Permanent Body. (M.S.A. 410.05.) A charter commission consists of not less than seven nor more than fifteen members. The size is to be determined by the court, except that where the commission is appointed pursuant to a petition of the voters or resolution of the governing body. of the city, the size of the commission is determined by the figure specified in the petition or resolution° Any city having a home rule charter may amend the charter to fix the size of the commission at a figure of not less than seven nor more than fifteen. The commission is not deemed to be complete and ready for business until the last of the members has qualified by filing his acceptance and oath of office. Once appointed, a charter commission becomes a permanent body, theoretically everlasting, like Congress or the Supreme Court. Its membership will change from time to time; each member is appointed for only four years at a time; but the commission as such goes on indefinitely. Mere failure of the body to meet or to function does not end its existence. If the chief judge fails to fill vacancies or appoint new commission members (after expiration of the four-year terms) within 30 days, then thereafter the governing body of the city appoints the new members, unless within the 30-day period, the chief judge indicates in writing to the governing body his intention to make the appointments in which case he has an additional 60 days within which to make the appointment. Vacancies in the commission may occur in various ways, as by ~death, disability to perform duties, resignation (including failure to file the acceptance and oath of office), or removal from the corporate limits of the city. Members may also be removed from the commission at any time by written order of the district court, but the order in this case must show the reason for removal. In case any member fails to perform his duties and fails to attend four consecutive meetings of the commission without satisfactory reason, a majority of the members may sign a request for, and thereupon the court must order, his removal. In all such cases the chief judge fills the vacancies by appointment for the unexpired term. The commission should always contain its full complement of members.