Agenda - Charter Commission - 07/10/1997

Home

HUBERT H. HUMPHREY III ATFORNEY GF~ERAL STATE OF MJN SOTA OFFICE OF THE ATTORNEY GENERAL March 29, 1996 GOVERNMENT SERVICES SECTION 525 PARK STREET SUITE 200 gT. PAUL, MN 55103-2106 TF_LEPHONE: (6121 297-2040 Ben J. Deemer 14501 Sunfish Lake Boulevard NW Ramsey, MN 55303-4578 Dear Mr. Deemer: This office is in receipt of your letter regarding various provisions within chapter 410. State law does not authorize this office to give legal advice or opinions 'to anyone other than certain public officials. This office also does not review and interpret city charters, as this is the function of the city attorney. However, I will informally comment on the issues raised in your letter. You first questioned whether Minn. Stat. § 410.I2, subd. 1 applies to the City of Ramsey. In regards to this question you referred to Minn. Stat. § 410.015 which sets out the definitions for "home rule charter city" and "statutory city". This statute also provides that in any law adopted after July 1, 1976, when the word "city" is used without further description, it means a statutory city. Minn. Stat. § 410.12 was enacted prior to 1976, so the fact the word "city" is used by itself would not exclude home rule charter cities. Furthermore, examination of the language and context of Minn. Stat. § 410.12, subd. 1 also indicates that this subdivision must apply to home rule charter cities. I.e., proposal and adoption of amendments to a charter presupposes the existence of a charter to amend. You also questioned whether the petition for an amendment proposed under Minn. Stat. § 410. i2, subd. 1 is permitted to be viewed by the city council before the charter commission. Minn. Stat. § 412.12, subd. 1 provides that the charter commission shall propose amendments to the charter upon petition of five percent of the voters. Minn. Stat. § 410.12, subd. 3 provides that all petition papers for the proposed amendment shall be assembled and filed with the charter commission as one instrument. This subdivision goes on to provide that within 10 days after the petition is transmitted to the city council, the clerk is to examine the validity of the petition. The statute does not indicate whether it would be improper in some respect for the city council to see the petition before the charter commission. Additionally, you questioned whether the affidavit form set out in Minn. Stat. § 410.12, subd. 2 governs any petition submitted including petitions submitted under chapter 5 of the city charter. Section 410.12 applies specifically to amendments to home rule charters. Subdivision l(a) provides that: "[aJ home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7." (Emphasis added.) Furthermore, a cursory review of chapter 5 of the charter indicates that it relates to iniative and referendum for ordinances but is not intended to deal with charter amendment proposals (section 5.6). It is not clear whether the last sentence is to be included as part of the affidavit or is meant to be a separate penalty provision. Facsimile: (612) 297-1235 · TDD: (612) 282-2525 · Toll Free Lines: (800) 657-3787 (Voice), (800) 366-4812 (TDD) An Equal Opportunity Employer Vv'ho Values Diversity ~'~ Printed on 50% recycled paper (15% post consumer content)