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CASE # <br /> <br /> INTRODUCE PROPOSED CHARTER AMENDMENT ORDINANCE <br /> By: William K. Goodrich, City Attorney <br /> <br /> Background: <br /> <br />The Charter Commission has recommended repeal of Section 4.2.1 of the City Charter. <br />This~ision provides as follows: <br />/ Any applicant currently holding an elected office in the city, and seeking <br />/ electicm to an office different from the office he/she currently holds and <br />/ subject to the limitations prescribed in section 2.4, shall be required to <br />! submit his/her resignation from his/her current office upon filing his/her <br />affidav~it. The affidavit, resignation and fees shall be submitted to the clerk- <br />adminlstrator no earlier than fifty-six days ,nor later than forty-two days <br />\ before any municipal election. The applicant s resignation from office shall <br />om~ effective 'after certification of the election results. <br /> <br />Based on dis%ssion with the Attorney General's office, a previous attorney general's <br />opinion and research, and upon my advice, the Charter Commission has concluded that this <br />provision is most likely unconstitutional. The reason being that it places additional <br />qualifications on a candidate for its office and it forces a duly elected city officer to resign <br />his/her office Prematurely. These would seem to be conditions which are not permitted to <br />be imposed by'the Minnesota State Constitution. <br /> <br />An additional problem with Section 4.2.1 is the resignation/filing date, for a present office <br />holder, which is to be no earlier than 56 days and no later than 42 days before the <br />municipal election. Unfortunately, when Section 4.2 was amended, Section 4.2.1 was not <br />amended. Th~practical effect now is that an incumbent can resign and file for a new office <br />two weeks aftor all other persons must have filed for office. <br /> <br />Because of thc above reasons, the Charter Commission feels it is in the best interest of the <br />City to repeal Section 4.02.01 and has therefore recommended the attached ordinance. <br /> <br />Council Action: <br /> <br />Motion to intrOduce <br />the City ChartOr <br />to law. <br /> <br />Reviewed by: <br /> <br />City Attorney <br />City Administrator <br /> <br />CC: 07/26/94 <br /> <br />/jmt <br /> <br /> Ordinance #94-XX which is an ordinance repealing Section 4.2.1 of <br />and schedule a public hearing on said ordinance after publication according <br /> <br /> <br />