Agenda - Charter Commission - 02/13/2019

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Several other items in the Charter conflict with state law and are therefore inoperative because they have been preempted. While the language is impotent as written, there is no reason to include such language in the Charter because doing so just confuses and misdirects those who look to the Charter for guidance of City affairs. Again, best practice is to remove such language. Specific Provisions Sec. 4.1. - The regular municipal election. A regular municipal election shall be held on the first Tuesday after the first Monday in November of each even - numbered year, commencing in 1984, at such places as the city council shall designate. At least 15 days prior notice shall be given by the city clerk by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the city stating the time and the places of holding such election and of the officers to be elected. Failure to give such notice shall not invalidate such election. Elected and qualified officers provided for by this Charter shall assume the duties of office to which they were elected on the first business day in January following such election. Commentary: The first sentence of this Section is fine, but entirely unnecessary. The day designation is consistent with, but preempted by, state statute. See Minn. Stat. § 205.07, subd. 1 ("The municipal general election in each city shall be held on the first Tuesday after the first Monday in November in every even -numbered year."). The clause "commencing in 1984" is unnecessary and could be removed. The clause regarding the location of polling is unnecessary, as state statute requires that municipalities designate polling places for each precinct annually for use the following calendar year. See Minn. Stat. §204B.16, subd. 1. The notice requirements in the second sentence are covered by state statute, though the Charter's notice requirements are different. In essence, this language adds a burden to the City that would not otherwise be required. Statute contains three requirements for this type of election notice: (1) "two weeks' published notice," (2) "ten days' posted notice," and (3) "post a copy of the notice in the clerk's office for public inspection." Minn Stat. § 205.16, subd. 1. The notice must contain "the time of the election, the location of each polling place, the offices to be filled, and all propositions or questions to be voted upon at the election." Id.; see also id., subds. 4 and 5 (requiring notice to the county auditor and secretary of state 74 days before the election). The 2