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Agenda - Charter Commission - 10/10/1996
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Agenda - Charter Commission - 10/10/1996
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Meetings
Meeting Document Type
Agenda
Meeting Type
Charter Commission
Document Date
10/10/1996
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Commissioner Sieber replied that intentional failure or gross neglect to <br />comply could be ~~ misfeasance and the wording of this section <br />allows for a legitimate error. <br /> <br />C~airman Heitman replied that some wording should be included to the effect <br />that corrective action must b~ taken~and that is why he is 'suggesting <br />including the phrase 'but must be supplied at some later specified date' <br /> <br />Commission consensus is to include the the following as the last sentence <br />in Section 7.06.02: 'However, corrections must be supplied within 30 days.' <br /> <br />17. Section 7.07 - 2nd Sentence - Change 'of' to 'or'. <br /> <br />18. <br /> <br />Section 7.07 - It was directed that all references to.'budget resolution' <br />be changed to 'budget ordinance' and Co.mmissioner Gamec replied that <br />budgets are adopted by resolutions. <br /> <br /> Commissioner Sieber stated that this charter will rule that budgets are to <br /> be adopted by ordinance, but after some review Commissioner Sieber stated <br /> the ~Cbmmission has been using the wording 'resolution'. <br />-- Ch--airman Heitman stated that he has talked with the Attorney General's <br /> office and requested a definition of ordinance and noted that the following <br /> is not the State's official legal definition, it's just what he was told: <br /> <br /> ao Ordinances are a law or rule used to guide citizenry; basically <br /> local in nature and s~ilar to a statute; establishes a rule <br /> of conduct. <br /> <br /> bo Resolutions are an administrative action; the formalization of <br /> an administrative action by a governing body (i.e., approval of <br /> contracts). <br /> <br />General consensus is that: Resolutions are not subject to initiative <br />and referendum. <br /> <br />Ordinances relating to budgets - Essentially, are budgets administrative <br />or legislative action? This is definitely a gray area. <br /> <br />Chapter 429 - A case can be made for the position that inclusion of <br />429 in a charter may preclude the rights of initiative and referendum <br />with respect to improvements. It is defined in 429 that legislature <br />says a city can make improvements exclusively subject to the charter <br />and not Chapter 429. It is adviseable to have specific procedures in <br />lieu of Chapter 429. <br /> <br /> create Ramsey's own addendum to Chapter 8 of the Charter. <br /> <br /> Commission consensus is to lea~e all references to 'budget resolution' <br /> in Section 7.07 and carry this issue over to the punchlist for further <br /> ~ di/scussion. <br />19L~fction 7.12.01 - Last sentence - Correct spelling of the word 'may'. <br /> <br />Chairman Heitman suggested excluding Chapter 429 and use it as a pattern to <br /> <br />as is <br /> <br />20° Section 7.10.02 - Chairman Heitman stated that this section also allows for <br /> error without requiring correction of that error. <br /> <br />CC/September 8, 1983 <br />Paqe 5 of i1 <br /> <br /> <br />
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