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

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Appointment of 'the charter commission. (M.S.A. 410.05.) The requirements of the law as to the appointment of charter conm~ssions are very simple. In the first place, the district court (acting through its chief judge) of the district in which the city lies may make the appointment without waiting for a petition of the people. It is not to be expected, however, that they will proceed until the people in the city have shown some interest in the matter. They usually wait until they have been approached by some locally influential citizens or clubs. In the second place, the judges are required to make the appointment upon the presentation to them of a petition signed by voters who constitute at least 10 per cent of the number of voters who voted at the .last municipal election. In the smaller communities it is an easy matter for a few interested persons to procure the signatures of the requisite number of voters. Thirdly, the council of any city may by resolution request the appointment of a charter comrMssion and the district court must make the appointments. A city council, an existing charter commission, or the petitioners requesting the appointment of a charter may submit to the court names of eligible nominees which the district court may consider in making appointments to the commission. Except as-noted below, however, it is the judges of the district court who make the appointments, and it is for them to make such appointments as they deem expedient within the limits prescribed by law. Qualifications of charter commission members. (M.S.A. 410.05.) The statute prescribes only one qualification for the members of charter commissions. The members must be qualified voters of the city. No person is disqualified from serving on the commission because of the fact that he holds some other public office or employment other than a Judicial office. Thus,city council members may serve on charter commissions. No person may be appointed to more than two successive terms. Order of apppintment..and oath of office. (M.S.A. 410.05. ) Having determined to make the appointments, or having been directed by a petition or council resolution so to do, the judges undoubtedly listen to such counsel and information from interested citizens as to appointments as the latter see fit to give. A city council, or the petitioners requesting appointment of a commission, or, in the case of new appointments to an existing commission, the charter commission itself, may suggest names of eligible nominees to the :district court for such consideration as the district court wishes to give them. The appointments are then made by the court, acting through the chief judge, by means of an order filed with.the clerk of the district court for the county"in which the city lies. Appointments are for staggered~ or overlapping terms. Of the members initially appointed~half plus one are appointed for two-year terms and the other half for four-year terms. Thereafter, new appointments are made biennially by the chief judge, who also fills vacancies as they occur. When appointments are made,the clerk of the district court then notifies the appointees, who are given 30 days in which to file with the clerk their written acceptances and oaths of office. The statute does not give any