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

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the meantime, that is, until an election of officers can be held, the officers under the old charter shall continue to function in their different capacities. ~hen the new charter finally comes fully into operation, the municipal corporation thus reorganized is in all respects the' legal'seccessor of the corporation under the old charter. Existing, consistent ordinances and contracts continue until they are changed or expire by their terms. Further duties of charter commission. As has been said above, the charter commission is a permanent body. Once a charter commission has been set up in any city, that city is never legally without such a board. Its function is to continue to study the local charter and government. The charter commission act itself requires that the commission meet at least once each calendar year. In addition~upon presentation of a petition of at least 10% of the n~aber of voters at the last regular municipal election, or upon a resolution of a majority of the local council, the commission must meet to consider any proposals set forth in the petition or resolution. (M.S.A. 410.05.) In case the first charter proposed is rejected, the commission may submit another, and another, until one is finally adopted° Thereafter, too, it may from time to time submit new charters, or amendments to the old charter, whenever it sees fit. For the local government" the charter commission is a sort'of standing con- stitutional convention, and empowered to propose charter changes at any time. If the charter which it has drafted for the city does not work out as was expected or proves to be faulty in operation, it is the commissionls duty to propose improvements. It should, therefore, meet at regular intervals, perhaps at least twice a year, and thus keep its organization intact for any emergency that may arise. IV. CHARTER AMENDMENTS Amendments to the charter. (MoS.A. 410.12~ Amendments may originate in one of five ways. 1. The charter commission may propose amendments at any time° 2. A number of voters (only registered voters may sign~the petition) equal to 5 per 'cent of the total votes cast at the last state general election in t~e city may sign and file with the charter commission a petition for any amendment to the charter which they desire, and in that case the commission is required to submit it to popular vote. The amendment is delivered to the clerk of the city, who notifies the council, and the latter body then provides for the election under the same rules as apply to the submission of a new charter. The council may not refuse to submit the'amendment, or change it. The law imposes a number of requirements that must be followed. All petitions circulated on any one amendment must be alike and have the text of the amendment attached unless it is more than 1,O00 words, when a copy of the amendment may be filed with the city clerk and a summary of 50 to 300 words approved by the charter commission must accompany each copy of the petition.- Signatures should be in ink or indelible pencil and the address must also appear. A committee of five persons whose names and addresses appear on each petition must be responsible for the circulation and filing of the petition. An affidavit of the.circulator must accompany each petition.