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! <br />,I <br /> <br />Commissioner Sieber replied that intentional failure or gross neglect to <br />comply could be misconstrued as misfeasance and the wording of this section <br />allows for a legitimate error. <br /> <br />! <br />! <br /> <br />Chairman Heitman replied that some wording should be included to the effect <br />that corrective action must be 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 />I <br />! <br /> <br />17. <br /> <br />lB. <br /> <br />Section 7.07 - 2nd Sentence - Change 'of' to 'or'. <br /> <br />Section 7.07 - It was directed that all references to 'budget resolution' <br />be changed to 'budget ordinance' and ~issioner 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 .COmmission has been using the wording 'resolution'. <br /> <br />I <br />I <br />! <br /> <br /> I <br /> I <br />I <br />i <br />I <br />I <br />I <br />I' <br />I <br /> <br />19. <br /> <br />20. <br /> <br />Chairman 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 />Ordinances are a law or rule used to guide citizenry; basically <br />local in nature and similar to a statute; establishes a rule <br />of conduct. <br /> <br />Resolutions are an administrative action; the for-~]ization 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 />Chairman Heitman suggested excluding Chapter 429 and use it as a pattern to <br />create Ramsey's own addendum to Chapter 8 of the Charter. <br /> <br />Commission consensus is to leave all references to 'budget resolution' as is <br />in Section 7.07 and carry this issue over tot he punchlist for further <br />discussion. <br /> <br />Section 7.12.01 - Last sentence - Correct sl~elling of the word 'may'. <br /> <br />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 />Page 5 of 11 <br /> <br /> <br />