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Randall, Dehn & Goodrich <br /> <br />MEMO <br /> <br />TO: <br /> <br />FROM: <br />RE: <br />DATE: <br /> <br />James E. Norman <br />City Administrator <br />William K. Goodrich, City Attorney <br />January 2001 Charter Amendment Petition <br />January 31, 2001 <br /> <br />You have asked that I give you a legal opinion on the legal procedural-requirements regarding a <br />Charter Amendment Petition presented to the City Council at its regular meeting on' January 23, <br />2001 (the "Petition"). The Petition is from approximately 460 persons petitioning for an <br />amendment to Chapter 5 of the City Charter which amendment provides for entirely new text <br />provisions. The subject of said Chapter 5 is Initiative, Referendum and Recall. Attached is a <br />copy of the Petition. <br /> <br />The legal procedure necessary to amend the City Charter is governed by State. Statute, Chapter <br />410. Mim~esota Statute §410.12 Subd. 1 provides that amendments to a Charter may be <br />proposed by "...a petition of voters equal in number to five percent of the total votes cast at the <br />last previous state general election in the City." The last general election in the City was <br />November 7, 2000 at which time there were 9,310 persons voting. The Petition therefore must <br />contain the signatures of 466 voters. <br /> <br />Minnesota Statute §410.12 Subd. 3 provides that within ten days of receipt of the Petition, the <br />city clerk shall determine whether each paper of the Petition is properly attested and whether the <br />Petition is signed by a sufficient number of voters. This step should be completed by February 2, <br />2001. Upon completion of the examination of the Petition, the city clerk is to certify the result of <br />the examination to the council. There is a specific process to follow in the event the clerk <br />determines there are not sufficient signatures. Please contact me for further instruction if this <br />event occurs. The city clerk's determination of sufficiency of the Petition should be presented to <br />the city council at its February 13,2001 meeting. <br /> <br />At its February 13, 2001 meeting the council may ask that I review the proposed amendment for <br />legal issues to make certain its provisions are permissible under Mirmesota Law. Assuming my <br />legal opinion is requested, that legal opinion will be presented at the council's February 27, 2001 <br />meeting. <br /> <br />Assuming that the city council finds the proposed amendment is legally sufficient, Minnesota <br />Statute §410.12 Subd. 4 and Minnesota Statute §410.10 Subd. 10 provide that it is to be <br />submitted to the qualified voters at a general or special election. Because no general election is <br /> <br /> <br />