Agenda - Charter Commission - 10/10/1996

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'" If the charter commission shalUmust propose an amendment, then a majority of the 9 members must sign ~e document that is being proposed. The petitioners can explain and discuss this with yo~, to get your acceptance and signatures, otherwise they can use the initiative procedure to propose it exactly as they want it to the city council, as allowed by the charter ih chapter 5. If you refuse to sign ~he document as it is proposed, it cannot be legally transmitted to the city council/city dlerk under §410.12 subd.3, as §410.07 provides for the delivery of the charter a~d/or amendments and specifically requires the signing by a majority. ! am here to ~.mphasize this right that_you have. In the video presentation, a copy of some of the city council meeting where this amendment procedure was discussed Mr. Hendrickson said, "The charter commi~.sion meets as needed and state law only requires they meet once a year, so there is ~ - it is totally inordinate to expect that a charter amendment would wait - languish fo~; up to a year so that they could receive this document to then hand it back to you unchanged - - that makes no sense what-so-ever !". I agree with Mr. Heridriksen, because in the scenario that he sees, it is ridiculous. But if you see the point i am making, you the charter commission must receive the petition, with the attach&t amendment and present an amendment of the charter to the governing body, the proCess requires your endorsing it by a majority, which gives you the latitude to modify it ~efore presenting it. Now it makes sense, as it may not be exactly the same as that [Which was presented to you. It also refers only to the Petition in §410.12 - 3. I find nothing in §410 that states you must propose "the amendment", but several references to~ "a amendment" or "an amendment", and there is a difference in the way each of thoselterms can be read. This is why there is a legal system. If I was on your commission, I would certainly be asking your BOSS, the Chief Judge of District Court t~or help. At the very least force them to ask your boss, and writing a letter to the ClJief Justice of District Ten, is not the correct procedure. It can also be argued that the a{nendment as proposed does not belong in the charter, because they are trying to modi~ a City Code provision which requires hook-up to the utilities provided within two year-s, and that it definitely takes an initiative to amend the city codes, and they know that they cannot get a 10% of the registered voters petition to get it on the ballot, let alone~the Special Election that they know they need to get It passed. Remember that this charter was drafted by anti-sewer expansion proponents for the most part, and passed at ~ special election, on the grounds that they didn't want people who were not interested tn the issue, to ignore it at the general election in Nov, thereby creating a NO vote. That discussion is in their minutes. They spent 50% of their time trying to get chapter 8 cqrrect and fair, and that was the heart and soul of why a charter was being drafted in the first place. The system has been working properly for 12 years, and now the owners of 3 properties who don't like the legal outcome of a petition, and another citiz, en, are saying it should be changed to suit their needs. On the last page of th~ handout from me is (EX2.1). If you believe that Mr. Terry Hendriksen is correct in ~is assertion that he is following the correct procedure and that all of the legal opinions sppport him, and the court will also, Then you might as well propose Section 5.6.1. ~' an amendment to Ramsey's city charter, as by allowing him to proceed as he asserts, ~ithout your right to propose changes just as you would have if the city council propos(~d an amendment to you, then you will be setting the precedent that is describe2t on EX21: In closing let me say to you commissioners that, To pass this amendment on, as has been suggested without ~e ability to modify would make the proposed amendment an initiative, and I don't bel~eve for a second that the legislature intended that. They don't allow initiative ~n the law~. they pass, and only allow It for Home Rule Charter C~t~es, who have their own constitution and that cannot be less restrictive than all the laws they pass. I don't believe the li~gislature intend what is being proposed by Mr. Hendfiksen. /nil i