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William K. Goodrich <br />April 15, 1996 <br />Page 2 <br /> <br />should note that tt~s alternative provides for the possibility of <br />referendum. There is nothing under this alternative that would <br />preclude the council from requesting the commission to make such <br />a recommendation. An amendment under this alternative, <br />provided for in Subd. 7, requires the proposed text to be <br />published two weeks before the public hearing at which the <br />council considers it. <br /> <br />The final method, found in Subd. 6, applies only to fourth class <br />cities (less than 10,000 people) and is not applicable to the city <br />of Ramsey. <br /> <br />When we met, you indicated that in addition to submitting the proposed <br />amendment originating by petition, the charter commission also was <br />considering an alternative amendment which could be presented at the <br />same election. You also asked for clarification concerning the timing of <br />the election. <br /> <br />I am unaware of any legal reason that would prevent the charter <br />~-6m~issi~rrSm prSpbsing an addi~ionai~amendment o-n t58 saree <br />,_subject, Witch d~fe_re~n6es, ~'.~-~-h_e same election as the pro!a~.ed <br />amendr~ent orizinatin~ by_petition. The 0nIy c~nstr~nt-iS that <br />both must be l~resent~d w~_tlnn the time frame of the proposed <br />amendment that was first in time. Clearly if two amendments are <br />to be offered, it would be fiscally prudent to vote on both <br />proposals at the same time. Where there is no general election <br />"within six months after the delivery of... [the] draft" of the <br />amendment "then the council...of the city shall cause the <br />proposed charter (or amendment) to'be submitted at a special <br />election to be hel'd within 90 days after the delivery of such <br />draft." (See Section 4[[0.10, Subd. 1) Note that Subdivision 4 <br />of Section 410.12 requires that "[al mendments shall be submitted <br />to the qualified voters at general or special election and <br />published as in the case of thc- orions! charter." <br /> <br />The important question you have raised is when does "the <br />delivery" of the draft occur. The problematic aspect of the <br />answer is that it may differ depending on which alternative is <br />used. If you were dealing with an original charter, reference <br />could be made to Section 4[[0.07 which imposes a responsibility on <br />the charter commission to "deliver to the clerk of the city either <br />(1) its. report...or (2) the draft of-the-proposed charter .... " <br /> <br />With regard to the first proposed amendment, I note that it did <br />not contain more than 1,000 words. If it had, "a true and correct <br />copy of the same ma~ be filed with the city clerk .... "(underline <br />added for emphasis). This filing is permissive and is not the <br /> <br /> <br />