Agenda - Council - 02/27/2001 - Laserfiche WebLink

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I I I I ! I I I I I I I I I ! I I I I Ramsey City Council Page 2 Pursuant to Minn. Stat. 410.12, Subd. 4, and Minn. Stat. 410.10, Subd. 1, the city council is required to submit the Proposed Amendment to the qualified voters at a special election to occur within 90 days after delivery of the Proposed Amendment. The city council is also directed to determine the form of the ballot question. B. CHARTER AUTHORITY. As a general rule the electorate of a charter city may legislate as to the administration of local government by charter of charter amendment on any matter which would be a proper matter for regulation by the State legislature. Both the Minnesota Supreme Court and the Minnesota Attorney General have opined that it is the duty of the city council to submit amendments to election unless they are manifestly unconstitutional. See State ex rel Andrews v. Beach., 191 N.W.2d 1012 (1923) and Op. Atty. Gen. 519A, July 11, 1968. There are, however, exceptions to this general rule, as the powers of the electorate are not superior to the power of the legislature. Municipal bodies are creatures of the state and have no greater powers than are conferred by the legislature. Village of Brooklyn Center v. Rippen, 96 N.W.2d 585 (1959). The Minnesota Supreme Court has ruled that whenever there is a conflict between a charter and the general laws of the State or the power conferred by the legislature to legislate by charter is exceeded, the State law must prevail. Mangold Midwest Co. v. Village of Richfield, 143 N.W.2d 813 (1966); A.C.E. Equipment Co. v. Erickson, 152 N.W.2d 739 (1967); St. Paul Citizens for Human Rights v. City Council, 289 N.W.2d 402 (Minn. 1979). As a general rule, in matters of municipal concern, home rule cities have all the legislative powers possessed by the legislature of the state, save as such power has been expressly or impliedly withheld; but adoption of any charter provision contrary to the public policy of the state, as disclosed by general laws or its penal code is forbidden. State ex rel Town of Lowell v. City of Crookston, 91 N.W.2d 81 (1958). Whether the legislature has granted to cities the power to adopt a charter amendment such as the Proposed Amendment is a question of the intention of the legislature with respect to authority of the city to legislate by charter. If the legislature intended that cities not have such authority, then the proposed amendment must fail. The intention of the legislature to withhold from local units of government any given power may be express in implied. A.C.L. Equipment Co. v. Erickson, 152 N.W.2d at 741; State ex rel Town of Lowell v. City of'Crookston, 91 N.W.2d at 83. -180-