Minutes - Council - 04/23/1996 - Laserfiche WebLink

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The cha2rter commission must receive the petition, with the attached amendment and present an amendment of the charter to the governing body, the process requires their endorsing it by a majority. He does not want the charter commission to change it, so he is telling you they don't have that right and it is a ridiculous procedure. I didn't design the procedure, it is defined in chapter 410. You have spent two years questioning what he has been stating in other matters, why start believing him at this time. Now the Charter Commission has received his petition and proposed an amendment to the charter, as chapter §410 requires. The Chairperson on the charter commission gave me this legal opinion at the meeting on April 18, 1996 on my assertion that the procedure was misinterpreted. In essence he said, "I believe if we go before a judge, he will rule that they have substantially complied with the law, and rule in their favor." That is an opinion not a courts ruling, and I don't feel that the court process should be bypassed because you think you will fail. Now using that same metaphor, I say that the charter commission has complied with the statute, and proposed an amendment to the charter that is precipitated by this petition and is substantially the same as that proposed by the petitioners. Those are the commissions words from their discussion of the proposal, before voting to propose it. Therefore court should rule in the cities favor if it is contested and that was the only item on the special election you must schedule 90 days from April 19, 19967 The Ramsey Residents for Responsible Government have not yet, according to the state statutes, put an amendment in your hands. They don't have that right under §410, they only have the right to petition to the charter commission. It has no place on the ballot question. Mr. Hendriksen is so afraid that you will follow the advice that I give you that he has written a letter to the Chief Judge of District Court asking for relief from what I am doing. I don't believe the Judge will answer the letter or give him relief from my activities, because writing a letter is not the proper procedure to follow to get relief from the court. He must first file for some action with the correct legal papers. Why is he afraid of me and not you? Now you have several courses of action available to you one of which is this; At a council meeting, you can pass an ordinance that affirms the charter commissions proposed amendment by the required 4/5 vote, as described in §410.12 subd. 7. It could not take effect for 90 days. That would eliminate the need for the special election saving the taxpayers about $5000.00, and the petitioners would get an amendment. If they don't agree with your action or the amendment, they can bring a petition against the ordinance, which only needs 2% signature, of the number of voters at the 1994 general election, about 120 signatures by my count, requesting that your action be put on the next ballot as a referendum, they have that right in §410. They would have 60 days to complete the petition. This would be a binding referendum and only require a YES or NO to overturn your action. If they could complete that petition before Close of business on May 3-6, 1996, they could force the referendum to a special election.