Minutes - Council - 04/09/1996 - Laserfiche WebLink

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My name is Ben Deemer and I reside at 14501 Sunfish Lake Blvd. I am here this evening to make a presentation to the city council. This presentation is y and I believe necessary because of the actions of the city attorney at the March 26, 1996 meeting. I request that it be heard now in this public forum or be placed on the agenda tonight before any council action on the proposed charter amendment. First of all, I do not intend that the presentation or comments made tonight, mean in any way or form that the petitioners don't have the right to bring forth a petition to amend the charter. What is going to be discussed is the procedure that is being followed. I would also request that the press in referring to what I am going to say, verify with me before their copy is published. I have a tape from the Minnesota Legislature Media division on Initiative and referendum. {play tape here} { then put up proposed amendment ....... } There is a provision in the proposed charter amendment that makes it retroactive, and the research to verify the legality of an amendment that is retroactive is what prompted this effort. With the provision in place it will be just as retroactive at the general election on November 5, 1996. This means that there should be no rush by the petitioners or the city to schedule a special election to facilitate its passage. I could find nothing illegal about the amendment, but did learn a lot about state statutes in the process, and this is the result. {put up definitions ..... } The point of my presentation tonight is to present a series of documents which are either State Statute or Ramsey Charter, to illustrate errors in the procedure being followed. All of the statute documents presented are exactly as available from the state in electronic form. Only the type sizes, bold, and underlining has been changed to illustrate the points I will make. The charter has been transcribed and is not in dispute here. The city attorney has indicated on occasion, and again on March 26, 1996 that he thinks chapter 410 of Minnesota statutes is ambiguous and vague. He has also stated that the attorney generals office described it as ambiguous also. In spite of those statements, he determined that a special election must occur prior to May 27, 1996. I have also received verbal opinions the included the term ambiguous, along with written response to specific questions that are not answered because of a prohibition about who may receive written opinions from the attorney generals office. But in the information that was provided is a conclusion, that I will quote here and attempt to disapprove. This is from the Opinions Division, office of the Attorney General of Minnesota. {put up 410.015 and then 410.12 subd 1} You (ben deemer) first questioned whether Minn. Stat. {}410.12, subd. 1 applies to the City of Ramsey because of Minn. Stat. {}410.015. "examination of the language of and context c~ .~arteinn. Stat.§410.12, subd. 1, also indicates that this subdivision must apply to home rule r cities. I.e..,~ proposal and adoption of amendments to a charter presupposes the existence of a charter to amend." But that doesn't go far enough as the charter may not have been adapted yet and still exist.