HomeMy WebLinkAbout1986 Elections Amendment Issue STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF BROOKLYN CENTER
CERTIFICATE OF ADOPTION OF AMENDMENT TO
HOME RULE CHARTER
I, Dean A. Nyquist, do hereby certify as follows:
1. That I am the duly elected, acting and qualified Mayor
of the City of Brooklyn Center, Hennepin County, Minnesota, and
as such am chief magistrate of said City.
2. That said City is a city operating under a Home Rule
Charter pursuant to the Constitution and laws of the State of
Minnesota and having its corporate boundaries solely within said
County of .Hennepin.
3. That on the 22nd day of September, 1986 the Charter
Commission, appointed by the District Court of Hennepin County as
the Charter Commission for the City of Brooklyn Center, delivered
to the undersigned as Mayor of said Cit y proposed amendments to
Section 2.03 and Section 4.01 of the Home Rule Charter of said
City as adopted by the electors of the City on November 8, 1966.
4. That the proposed amendments above referred to were to
amend said sections c tons res ect've
p i ly to read in their entirety as
follows: (brackets indicate material to be deleted, underline
indicates new material)
Section 2.03. ELECTIVE OFFICERS. The Council shall be
composed of a Mayor and four Councilmembers who shall be
registered voters of Brooklyn Center, and who shall be
elected at large. Each Councilmember shall serve for a term
of [three (3)] fou z-_(41 years. The Mayor shall serve for a
term of [two (2) four C4j_ years. The Council shall be
canvassers of the election of the Mayor and the
Councilmembers.
Section 4.01. THE REGULAR MUNICIPAL ELECTION. A regular
municipal election shall be held on the first Tuesday after
the first Monday in November of [each year] even numbered
years at such place or places as the City Council may
designate. The City Clerk shall give at least two (2) weeks
previous notice of the time and place of holding such
election and of the officers to be elected and such other
matters to be voted upon by posting in at least one public
place in each voting precinct and by publication at least
once in the official newspaper, but failure to give such
notice shall not invalidate such election.
5. That at a special election of the electors of said City,
duly and regularly called by the City Council and held at the
regular polling places in said City on the 4th day °of November
I
CERTIFICATE OF ADOPTION
OF AMENDMENT TO HOME RULE CHARTER -2-
1986, the question of the adoption of said amendments was duly
submitted to the voters of the City and the adoption of said
amendments was approved in the affirmative by more than fifty -one
(51 percent of the qualified voters of the City voting on such
amendment at such election; that said vote has been duly
canvassed by the City Council of said City and said amendments
declared by the City Council to be duly approved by said voters
on said election date of November 4, 1986, and that said
amendments are effective thirty (30) days from said election
date.
Date Mayor,
ATTEST: _00
Clerk
s
k
WILLIAM P. LUTHER
Assistant Majority Leader
Senator 47th District
205 State Capitol
St. Paul, Minnesota 55155
Telephone: 296 -8869 Senate
May 5, 1 9 8 7
State of Minnesota
Dear Charter Commission o Members:
I understand that Phil Cohen brought Senate File 1341 (my Uniform
Local Election Day bill) to your attention last week. I thought
you might want some background information.
Based on discussions this year, I and other senators agreed to
introduce this bill in generally the same form that it has been
considered in previous years (except that it would not take effect
until 1993). However, before taking any testimony on the bill, I
presented an amendment to conform the bill to Brooklyn Center's
current election process.
I am enclosin g PY a co of the bill and the amendment. The amendment
would permit all local government and school elections in either
odd or even numbered years provided they are held on the first
Tuesday after the first Monday in November. The principal effect
of the amendment would be to require school elections on a common
November date.
Because of the volume of bills before us, the bill will not be
considered further this year. However, my intention is to receive
comment over the interim and pursue it again next year. I believe
its passage would have a very positive impact on voter partici-
pation in local elections, something I am sure we all endorse.
Thank you for your interest in the bill and for your very good
work on the charter amendment last fall. Please let me know if
you have any other legislative concerns.
Sincerely,
Wil iam P. Luther
Assistant Majority Leader
WPL:rh
enclosures
cc: Phil Cohen
COMMITTEES Rules and Administration, Vice Chairman Finance
Commerce Judiciary Elections and Ethics
L
4/10/87 [COUNSEL J BCO SCS1341A -6
1 M-* moves to amend S.F. No. 1341 as follows:
2 Page 2, line 26, delete "in each odd numbered year"
3 Page 48, lines 19, 22, 23, and 30, reinstate the stricken
4 "odd- numbered" and delete "even- numbered"
5 Page 54, delete lines 23 to 36
6 Page 55, delete lines 1 to 36
7 Page 56, delete lines 1 to 8
8 Page 56, line 9, delete "3" and insert 11 2
9 Page 56, line 12, delete "except a county"
0 Page 56, delete lines 23 to 30
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1
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
3 ARTICLE 1
4 LOCAL GOVERNMENT ELECTION DAY
5 Section 1. [INTENT; CITATION.]
6 Subdivision 1. [LEGISLATIVE INTENT.] It is the intent of
7 this act to increase public interest and participation in local
8 elections and to draw the attention of the public and the news
9 media to local government issues by the designation of a single,
10 uniform, biennial date for all local elections in the state; to
11 encourage more people to vote at local elections by permittinq
12 voters to cast their ballots in all local election contests,
13 including school district, city, and county elections, only once
14 every two years and at a single, convenient Dollinq place; to
15 encouraqe more people to seek local elective offices by
16 establishinq a uniform time for filinc for office; and to lower
17 the administrative costs of local elections by eliminating
18 separate dates and procedures for conducting local elections and
19 providing a single, biennial election for all local offices
20 conducted, as far as practicable, in the same manner as the
21 statewide general election.
22 Subd. 2. [CITATION.] This act may be cited as the
23 "Minnesota local government election day act."
24 Sec. 2. (205.015] [LOCAL GOVERNMENT ELECTION DAY.]
25 Subdivision 1. (ESTABLISHMENT.) The first Tuesday after
26 the first Mondav in November in each odd numbered vear is
27 desiqnated as the "local government election day."
28 Subd. 2. (OFFICERS ELECTED.] The reqular election of the
29 elective officers of every county, city, and school district,
30 the fudges of the county and municipal courts, and the elective
31 officers of every other political subdivision of the state
32 except towns must be held on the local government election day,
33 next orecedinq the expiration of their terms.
1
34 Subd. 3. [PRIMARY.] A primary election must
be held s ix
35 weeks before the local government election day to select the
36 candidates for the offices to be filled on that day except for
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Senators Luther; Willet; Samuelson; Peterson, D. C. and Hughes
introduced-
S. F. No. 1341 Referred to the Committee on Elections and Ethics
1 A bill for an act
2 relating to elections; establishing a local government
3 election day for election of county, city, and school
4 district officers, county and municipal judges, and
5 officers of all other political subdivisions except
6 towns; requiring uniform and coordinated election
7 precincts and polling places for municipalities and
8 school districts; integrating municipal and school
9 district election laws with laws applicable to other
10 elections; superseding certain inconsistent general
11 and special -laws and home rule charter provisions;
12 amending Minnesota Statutes 1986, sections 40.05,
13 subdivisions 1, 3, and 4; 40.06, subdivision 1;
14 122.23, subdivisions 12, 17, and 18; 122.25,
15 subdivision 2; 123.12, subdivision 1; 123.32,
16 subdivisions 9, 13, and 23; 123.33, subdivisions 1 and
17 4; 123.34, subdivision 1; 123.351, subdivisions 1 and
18 3; 123.51; 128.01; 200.02, by adding a subdivision;
19 201.071, subdivision 1, 3, and by adding a
20 subdivision; 203B.05, subdivision 2; 203B.06,
21 subdivision 3; 204B.12, subdivision 1; 204B.14, by
22 adding a subdivision; 204B.16, subdivision 1; 204B.18,
23 subdivision 2, and by adding a subdivision; 204B.35,
24 subdivision 1; 204B.40; 204C.10, subdivision 1;
25 204C.19, subdivision 2; 204C.25; 204C.27; 2 04C.28 by
26 adding a subdivision; 2040.31, subdivision 2; 204C.32,
27 subdivision 1; 204D.02, subdivisions 1 and 2; 204D.11,
28 subdivision 5, and by adding a subdivision; 204D.16;
29 205.02, subdivision 2; 205.13, subdivision 1, and by
30 adding a subdivision; 205.16, subdivision 2; 205.185,
31 subdivisions 2, 3, and by adding a subdivision;
32 209.02,, subdivision 1; 209.021, subdivision 3; 365.51;
33 375.025, subdivision 4; 375.03; 375.101, subdivision
34 2; 375A.02, subdivision 1; 375A.09, subdivision 4;
35 382.01; 397.06; 397.07; 398.04; 410.21; 412.02,
36 subdivisions 2 and 2a; 412.021, subdivision 2;
37 412.571, subdivision 5; 447.32, subdivisions 1 and 2;
38 487.03, subdivisions 2 and 5; 488A.021, subdivision 3;
39 and 488A.19, subdivision 3; proposing coding for new
40 law in chapters 205 and 210A; repealing Minnesota
41 Statutes 1986, sections 123.015; 123.11, subdivisions
42 2, 3, 4, 5, and 6; 123.32, subdivisions 1, 2, 3, 4, 5,
43 6, 7, 8, 11, 22, 24, 25, 26, and 27; 200.015; 201.095;
44 204D.28, subdivision 5; 205.02; 205.065; 205.07;
45 205.175; 205.18; 205.20; 206.76; and 447.32,
46 subdivisions 3 and 4.
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1 subdivision 2. To the extent inconsistent with this intent, all
2. general and special laws and municipal charter provisions
3 providing otherwise are superseded. In all other respects,
4 those laws and charter orovisions continue in force and effect.
5 No general or special law enacted after Auqust 1, 1987, may be
6 construed to authorize or recuire that the regular election of
7 officers described in subdivision 2 be at a time or in a
8 manner different from that recuired by this section, unless that
9 law expressly provides for an exception by specific reference to
10 this section.
11 ARTICLE 2
12 ELECTION LAWS; LOCAL GOVERNMENT ELECTIONS
13 Section 1. [205.017] [NOTICE OF OFFICES TO BE FILLED;
14 COUNTIES, CITIES, AND SCHOOL DISTRICTS.]
15 No later than 15 days before the first day for filinq
16 affidavits of candidacy, each county auditor and each city,
17 school district, hospital district, and soil and water
18 conservation district clerk shall prepare, post in each
19 respective office, and publish a notice specifvinq the officers
20 whose certificates of election were issued by the office of that
21 auditor or clerk and who are to be voted on at the next regular
22 election. The notice must also state the oceninq and closing
23 dates for filinq affidavits and the place for filinq.
24 Immediately upon preparation, the county auditor and school
25 district, hospital district, and soil and water conservation
26 district clerks shall deliver copies of the notice to the clerk
27 of each municipality in the county or district. The clerk of
28 each municipality shall post in the clerk's office copies of the
29 notices delivered to the clerk under this section.
30 Sec. 2. Minnesota Statutes 1986, section 205.02,
31 subdivision 2, is amended to read:
32 Subd. 2. [CITY ELECTIONS.] In all statutory and home rule
33 charter cities, the primary, general and special elections held
34 for choosing city officials and deciding public questions
35 relating to the city shall be held as according to the statutes
36 governinq the general election and the primary precedinq the
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1 municipal offices in municipalities of less than 2,500
2 inhabitants.
3 No primary may be held to select candidates for any
s
4 nonpartisan office when only two persons file for nomination for
5 that office, or when not more than twice the number of persons
6 to be elected file for nomination for.that office.
7 Subd. 4. (PLACE OF ELECTION.] The election precincts and
8 pollinq places for elections held on the local government
9 election day must be those established according to sections
10 204B.14 to 204B.17. Ballots must be distributed and available
11 so that no voter is required to vote in more than one pollinq
12 place in order to vote in. every election in which the voter is
13 eligible to vote on the local government election day.
14 Subd. 5. (HOURS FOR VOTING.] The hours for votinq in each
15 precinct in which an election is held under this section must be
16 as provided in section 204C.05 for the qeneral election and the
17 primary before that election.
18 Subd. 6. (TIME FOR FILING.] The time for the filinq of an
19 affidavit, application, petition, or other document required to
20 place the name of a person on the ballot for election to an
21 office to be filled on the local qovernment election day for
22 which a primary is required for nomination of candidates must
23 begin 14 weeks before the local qovernment election day and
24 conclude 12 weeks before that day. When no primary is required,
25 the time for filinq must commence eiqht weeks before the local
26 qovernment election day and conclude six weeks before that day.
27 Subd. 7. (WITHDRAWAL OF CANDIDACY.]. A candidate for any
28 office to be filled on the local qovernment election day may
29 withdraw the candidacy for that office not later than 5:00 p.m.
30 on the day after the close of the filinq period. A candidate
31 may also withdraw durinq the seven days following the primary
32 election. Affidavits of withdrawal must be filed with the
33 officer who receives affidavits of candidacy for that office.
34 Subd. 8. (INTENT; OTHER LAWS AND CHARTERS SUPERSEDED.] It
35 is the intent of this section to establish uniform dates and
36 procedures for the election of all officers described in
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1 Subdivision 1. [AFFIDAVIT OF CANDIDACY.] Not -mere -than
2 eight nor -�eaa- than- ezx- xeeka- before- the mt:nieipa� primarps er
3 before- the- mssnseipai- general- eieetten -if- there ia ne menteipai
4 primary; An individual who is eligible and desires to become a
5 candidate for an office to be voted for at the municipal
6 election shall file an affidavit of candidacy with the municipal
7 clerk durinq the time for filina specified in article 1, section
8 2, subdivision 6. The affidavit shall be in substantially the
9 same form as that in section 204B.06, subdivision 1. The
10 municipal clerk shall also accept an application signed by not
11 less than five voters and filed on behalf of an eligible voter
12 in the municipality whom they desire to be a candidate, if
13 service of a copy of the application has been made on the
14 candidate and proof of service is endorsed on the application
15 being filed. Upon receipt of the proper filing fee, the clerk
16 shall place the name of the candidate on the official ballot
17 without partisan designation.
18 Sec. 5. Minnesota Statutes 1986, section 205.13, is
19. amended by adding a subdivision to -read:
20 Subd. la. (TOWN ELECTIONS AT ANNUAL MEETING; AFFIDAVITS OR
21 APPLICATIONS.] Town elections held at the annual town meetinq_
22 must follow the procedures established in subdivision 1, except
23 that the time for filing must be less than 43 and more than 27
24 days before the arimary or before the town election if there is
.25 no primary.
26 Sec. 6. Minnesota Statutes 1986, section 205.16,
27 subdivision 2, is amended to read:
28 Subd. 2. (SAMPLE BALLOT, PUBLICATION.] in- aii-atattitorp
29 and -heme- retie- eharter- eitiea; For every municipal election, the
30 city clerk shall, at least one week before the election, publish
31 a sample ballot in the official newspaper of the city, except
32 that the governing body of a fourth class city may dispense with
33 publication.
34 Sec. 7. [205.165] [SAMPLE BALLOTS AT EACH POLLING PLACE.]
35 For every election held within the municipality, the
36 municipal clerk shall cause to be posted in each pollinq place a
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1 qeneral election as far as practicable, except as otherwise
2 provided in this chapter; except- that this- seetzen- and seetiens
3 X95- 965;- aabe2tnieiona-- to X95- 9� X95 -�3- and X95 ��5 and
4 X95 X95 net app�p to estp evhese- charter- prerzdee the manner
5 of- he�dtng -ita- primary general- er- 9peera�- e�eetsene.
6 Sec. 3. [205.125] [OPTIONAL PRIMARY; RUN -OFF ELECTION
7 REQUIREMENT.]
8 Subdivision 1. [OPTIONAL PRIMARY.] The governinq body of a
9 municipality of less than 2,500 inhabitants that holds municipal
10 elections on the local government election day may elect by
11 ordinance or resolution to hold a municipal orimary election six
12 weeks before the local qovernment election day. An ordinance or
13 resolution under this subdivision must be adopted at least 16
14 weeks before the local qovernment election day and must be
15 effective for all ensuing elections until revoked. The
16 governinq body of the municipality shall file a copy of the
17 ordinance or resolution with the secretary of state.
18 Subd. 2. [RUN -OFF ELECTION REQUIRED, WHEN.] When more than
19 twice the number of persons to be elected to a municipal office
20 are candidates for that office in a municipality that holds
21 municipal elections on the local qovernment election day but
22 does not hold a municipal primary, a candidate for that office
23 must be declared elected only on receiving a majority of the
24 vote cast for that office. If more than one person is to be
25 elected to an office, the vote cast for that office must be
26 deemed to be the total vote cast for all candidates for that
27 office divided by the number of persons to be elected. If no
28 candidate, or an insufficient number of candidates, receives a
29 majority of the vote cast for that office, a run -off election
30 must be held among the number of candidates equal to twice the
31 number of persons remaininq to be elected to that office who
32 receive the hiqhest number of votes in the reqular election.
33 The run -off election must be held three weeks after and
34 conducted in the same manner as the reqular municipal election.
35 Sec. 4. Minnesota Statutes 1986, section 205.13,
36 subdivision 1, is amended read:
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t
1 result by lot. The clerk shall certify the results of the
2 election to the county auditor, and the clerk shall be the final
3 custodian of the ballots and the returns of the election.
4 Sec. 11. .(205.201] [COUNTY ELECTIONS.]
5 Except as provided in article 1, section 2, and article 2,
6 section 1, the statutes governina the general election and the
7 primary preceding the qeneral election govern the regular and
8 primary election for countv officers and countv court judges.
9 Sec. 12. (205.202] (INDEPENDENT SCHOOL DISTRICT
10 ELECTIONS.]
11 Subdivision 1. (STATUTES APPLICABLE.] Except as otherwise
12 provided in chapter 205, the statutes governing the qeneral
13 election and the primary preceding the general election qovern
14 independent school district regular and primary elections as far
15 as practicable.
16 Subd.. 2. (DEFINITIONS.] For the purposes of article 2,
17 sections 13 to 16, "district" or "school district" means,
18 "independent school district."
19 Sec. 13. (205.203] (PROCEDURES.].
20 Subdivision 1. (NOTICE OF ELECTION.) The clerk of the
21 district shall aive ten days' posted notice of every regular,
22 primary, and special independent school district election. If
23 there is a newspaper published in the district, the clerk shall
24 also give one week's published notice. The notice must specify
25 the time, place, and purpose of the election, and must contain
26 information concernina the precincts, Dollinq places, and hours
27 the polls will be open. At least four days before the election,
28 the clerk shall post a sample ballot in the clerk's office for
29 public inspection.
30 Subd. 2. (CANDIDATES; AFFIDAVITS AND APPLICATIONS.] The
31 school board of each district shall designate one full -time
32 employee in the central office of the district to accept
33 affidavits and applications made under this subdivision. A
34 person desirinq to be a candidate for an independent school
35 district office at the regular election shall file an affidavit
with the q
36 of candidacy w desi nated district employee. Affidavits
a 8
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r
1 sample ballot of every ballot to be voted uoon at that oollinq
2 place, includinq a sample of the state, county, city, school
3 district, or other ballot that may be voted upon.
4 Sec. 8. Minnesota Statutes 1986, section 205.185,
5 subdivision 2, is amended to read:
Subd. 2. ELECTION CONDUCT.] A municipal primary and
7 reqular election shall be by secret ballot and shall be held and
8 the returns made in the manner provided for the state general
9 election and the primary election precedinq the aeneral
10 election, so far as practicable.
11 Sec. 9. Minnesota Statutes 1986, section 205.185, is
12 amended by adding a subdivision to read:
13 Subd. 2a. (PRIMARY ELECTION RESULTS.] Within two days
14 after the municioal primary election, the governina body of the
15 municipality shall canvass the returns of the election, and the
16 two candidates for each office who receive the hiqhest number of
17 votes, or a number of candidates equal to twice the number of
18 persons to be elected to the office and who receive the highest
19 number of votes, are the nominees for the office named. If a
20 tie vote causes more candidates than may be nominated to an
21 office to receive the hiqhest number of votes, the governinq
22 body shall determine the result by lot. The names of the
23 nominees must be certified to the municioal clerk who shall
24 place them on the regular municipal election ballot without
25 payment of an additional fee.
26 Sec. 10. Minnesota Statutes 1986, section 205.185,
27 subdivision 3, is amended to read:
28 Subd.. 3. (CANVASS OF RETURNS, CERTIFICATE OF ELECTION,
29 BALLOTS, DISPOSITION.] Within two days after as the reqular
30 election, the governing body shall canvass the returns and
31 declare the results of the election. After the time for
32 contesting elections has passed, the municipal clerk shall issue
33 a certificate of election to each successful candidate. In case
34 of a contest, the certificate shall not be issued until the
35 outcome of the contest has been determined by the proper court.
36 In case of a tie vote, the governing body shall determine the
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S
1 in Drecincts containina more than one school district or more
2 than one school election district, separate voting machines must
3 be used and must be allocated between the school districts or,
4 school election districts in oroportion to the number of voters
5 eligible-to vote in the precinct from each district.
6 Sec. 14. (205..204) (ELECTION RESULTS; CERTIFICATION OF
7 CANDIDATES.]
8 Subdivision 1. (PRIMARY RESULTS.] Within two days after
9 receipt of the returns of a orimary election, the school board
10 shall canvass the returns, issue certificates to the two
11 candidates for each office who receive the hiqhest number of
12 votes, or to a number of candidates evual to twice the number of
13 persons to be elected to the office and who receive the highest
14 number of votes, and place the names of those candidates on the
15 official ballot.for the regular election without the Dayment of
16 an additional fee. If a tie vote causes more candidates than
17 may be nominated to an office to receive the highest number of
18 votes, the board shall determine the result by lot.
19 Subd. 2. (REGULAR ELECTION RESULTS.) Within four days
20 after receipt of the returns of a reqular election, the school
21 board shall canvass the returns and shall issue a certificate of
22 election to the candidate for each office who received the
23 larqest number of votes cast for the office. If anv candidates
24 receive an eQUal number of votes for office, the board shall
25 resolve the tie by lot. The clerk shall deliver the
26 certificates by registered mail, and each Derson so certified
27 shall file an acceptance and oath of office in writing with the
28 school district clerk within 30 days of the date of mailinq of
29 the certificate. A person who fails to qualify Drior to the
30 time specified must be deemed to have refused to serve, but the
31 filinq may be made at anv time before action to fill the vacancy,
32 has been taken.
33 Sec. 15. (205.205] (SPECIAL ELECTIONS; EXCEPTION.)
34 The board of an independent school district mav, and upon
35 petition of 50 or more voters of the district or five Dercent of
36 the number of votes cast at the Drecedinq regular election,
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1 must be substantiallv the same form as required for state
2 offices.
3 Five voters of the district may also file a written
4 application for or on behalf of a qualified voter in the
5 district'whom thev desire to be a candidate. An affidavit or,
6 application must be filed durinq the time for filing prescribed
7 by article 1, section 2, subdivision 6, and must be accompanied,
8 by payment of a fee of $5 or less.
9 Subd. 3. (PREPARATION OF BALLOTS.] At the expense of the
10 district, the clerk shall Prepare and cause to be Printed the
11 necessary official and sample ballots for the election of
12 officers, placing on them the name and number of the school
13 district and the names of the Proposed candidates with the same
14 number of blank spaces for the insertion of names of other
15 candidates as there are members to be elected. School district
16 ballots must not contain anv Partisan designation for anv
17 candidates. Official ballots must be Printed on buff color
18 paper. A Proposition to be voted upon must be stated on.a
19 separate ballot Printed on violet color paper. Votinq must be
20 by secret ballot. No later than the 15th day orecedinq a
21 reqular or Primary election, the clerk shall cause to be
22 delivered:
23 (1) enouqh sample and official ballots to the municipal
24 clerk of each municipality into which the district extends and
25 to the county auditor of anv county containing unorqanized
26 territory into which the district extends to Permit the
27 municipal clerk and countv auditor to Provide sufficient ballots
28 to each pollinq Place in the district; and
29 (2) enough ballots to the officials responsible for
30 acceptinq applications for absentee ballots under section
31 203B.04, to Permit them to carry out the duties Prescribed by
32 chapter 2035. Each municipal clerk and county auditor shall
33 Provide a sufficient number of school district ballots to the
34 election iudges of the appropriate Precincts on the day
35 preceding the election.
36 Sdbd. 4. (VOTING MACHINES.) Where votinq machines are used
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1 finders that indicate the boundary and district number of each
2 school district and each school district election district in
3 the precinct and that enable the fudges in a precinct with more
4 than one district to determine the district in which a voter
5 residing in the precinct is entitled to vote;
6 (3) a procedure to be followed by local elections officials
7 to ensure that the number of the school district in which the
8 voter resides is placed on every voter registration card in the
9 manner and by the time required in article 3, sections 3 and 5;
10 (4) procedures for efficient distribution of sample and
11 official school district ballots to the oollinq places; and
12 (5) procedures for resolving disputes between
13 municipalities, counties, school districts, and other political
14 subdivisions with regard to the conduct of elections.
15 Subd. 3. [PREPARATION OF LOCAL ELECTION BOOKLET.] No later
16 than ,January 1, 1989, and every two Yeats after that date, the
17 secretary of state shall prepare a booklet for distribution to
18 local election officials containing election laws that are
19 applicable to elections -held on the local Government election
20 day.
21 Sec. 18. [205.208] [HOSPITAL DISTRICT ELECTIONS.]
22 Subdivision 1. (APPLICABLE STATUTES.] Except as otherwise
23 provided in chapter 205, the statutes governing the qeneral
24 election and the primary preceding the qeneral election qovern
25 hospital district elections as far as practicable.
26 Subd. 2. [APPLICATION FOR CANDIDACY.] Any person desirinq
27 to be a candidate for member of a hospital board shall file with
28 the clerk of the town or citv in which the person resides an
29 affidavit of candidacv as a member at large or member
30 representing the town or citv. Affidavits must be substantiallv
31 in the same form as required for municipal elections and be
32 filed during the time for filinc prescribed by article 1,
33 section 2, subdivision 6. The clerk of the town or city shall
34 transmit all affidavits of candidacy for member at larqe or
35 member representina the town or citv to the clerk of the
36 district.
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1 whichever is the qreater, shall, by resolution, call a special
2 election to vote on anv matter requiring approval of the voters
3 of the district. The clerk of the district shall give ten days'
4 posted notice and one week's published notice of election, if a
5 newspaper is published in the district. The notice must specify
6 the time and place of election, and the questions to be
7 submitted to the voters at the election. The procedure for a
8 special election must be the same as for a recular election.
9 The expenses of special elections must be paid by the school
10 district. This section does not apply to elections held under
11 sections 122.23 and 122.25.
12 Sec. 16. [205.206] [COMMON SCHOOL DISTRICTS; ELECTIONS.]
13 The school board of a common school district must be
14 elected at the same time and in the same manner as board members
15 in independent districts.
16 Sec. 17. [205.207] [COORDINATION OF LOCAL ELECTIONS;
17 DUTIES OF LOCAL ELECTION OFFICIALS AND THE SECRETARY OF STATE.]
18 Subdivision 1. [DUTIES OF OFFICIALS.] In order to
19 effectively coordinate the various elections held on the local
20 qovernment election dav, all local election officials includinq
21 county auditors, municipal clerks, and clerks of school,
22 hospital, and other special purpose districts shall cooperate
23 with one another and with the secretary of state in the manner
24 required by the rules of the secretary of state adopted under
25 subdivision 2.
26 Subd. 2. [ADOPTION OF RULES.] No later than January 1,
27 1989, the secretary of state shall adopt rules to facilitate the
28 coordination of the various elections held on the local
29 government election day. The rules must provide:
30 (1) standards and guidelines to aid municipalities,
31 counties, school districts, and other political subdivisions in
32 allocating election costs, designatinq boundaries for election
33 purposes, and administering elections in precincts split by any,
34 election district boundary;
35 (2) requirements and procedures for preparation by county
36 auditors and municipal clerks of precinct maps or precinct
11
t
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1 statements to the clerk of the district within 48 hours after
2 the closinq of the polls.
3 Subd. 6. [CANVASSING OF RESULTS.] Upon receiving the
4 completed summary statements containing the orimary election
5 results, the hospital board shall immediately canvass the
6 results of the orimary election and certify the names of the
7 candidates to appear on the reqular election ballot. If a tie
8 vote causes more candidates than may be nominated to an office
9 to receive the highest number of votes, the board shall
10 determine the result by lot. Upon receiving the summary
11 statements containing the regular election results, the board
12 shall immediately canvass the results and issue certificates of
13 election to the candidates receivinq the highest number of votes
14 for each office. The clerk shall deliver a certificate to the
15 person entitled to it in person or by registered mail, and each
16 certified person shall file an acceptance and oath of office in
17 writinq with the clerk within 30 days after the date of delivery
18 or mailinq of the certificate. The board may fill an office
19 under section 447.32, subdivision 1, if the person elected to
20 the office fails to aualifv within the 30 -dav period, but the
21 qualification is effective if made at any time before action to
22 fill the vacancy has been taken.
23 Subd. 7. (APPLICATION.] The election procedures in this
24 section apply to hospital districts created under section 397.05
25 or 447.31.
26 ARTICLE 3
27 ELECTION LAWS; GENERAL PROVISIONS
28 Section 1. Minnesota Statutes 1986, section 200.02, is
29 amended by adding a subdivision to read:
30 Subd. 2a. [LOCAL GOVERNMENT ELECTION DAY.] "Local
31 government election dav" means the first Tuesdav after the first
32 Monday in November in every odd- numbered vear as desiqnated
33 under article 1, section 2, subdivision 1.
34 Sec. 2. Minnesota Statutes 1986, section 201.071,
35 subdivision 1, is amended to read:
36 Subdivision 1. (FORM.] Registration cards shall be of
14
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1 Subd. 3. [PREPARATION OF BALLOTS; CERTAIN TOWNS.] For all
2 towns in the district which do not hold town.elections on the
3 local qovernment election day, the clerk of the district shall
4 prepare and distribute to the town clerks at the expense of the
5 district`the necessary primary and reqular sample and official
6 election ballots for candidates for membership on the hospital
7 board. The official ballots must be.on light green paper,
8 prepared in the manner in section 205.17 for preparation of the
9 town liqht green ballot, except that preparation must be by the
10 clerk of the district. The clerk of the district shall Provide
11 sufficient ballots to the officials responsible for accenting
12 applications for absentee ballots. under section 2038.04, to
13 permit them to carry out the duties prescribed by chapter 203B.
14 Subd. 4. [PREPARATION OF BALLOTS; CITIES AND CERTAIN
15 TOWNS.] For each town which holds a town election on the local
16 government election day and for each city within the district,
17 the district clerk shall certify the names of the candidates for
18 nomination and election as members reoresentina the town or citv,
19 and members at larqe to the municipal clerk. The municipal
20 clerk shall place the names of the candidates for nomination or,
21 election as members representinq the town or city or members at
22 large on the town or city liqht qreen ballot. The hospital
23 district shall reimburse the town or city for its pro rata share
24 of the cost of oreparinq the light Green ballot, as provided in
25 the rules of the secretary of state.
26 Subd. 5. [ELECTION RETURNS.] For the primary and reqular
27 election, each clerk of the district shall supply to the clerk
28 of each town and city in the district a number of blank summary
29 statements sufficient for recording the results of the hospital
30 district election in each precinct. Summary statements must be
31 prepared in the manner required by the secretary of state.
32 After countina the votes, the election iudges in each precinct
33 shall complete a summary statement supplied by the district and
34 shall submit the completed statement to the clerk of the town or
35 city in which the precinct is located. The clerk of each town
36 and city shall transmit the hospital district election summary
13
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e
1 subdivision 3, is amended to read:
2 Subd. 3. [DEFICIENT REGISTRATION.] No registration is
3 deficient if it contains the voter's name, address, date of
4 birth, prior registration if any and signature. The absence of
5 a zip code number or school district number does not cause the
6 registration to be deficient. The election judges shall request
7 an individual to correct a registration card if it is deficient
8 or illegible. No eligible voter may be prevented from voting
9 unless the voter's registration card is deficient or the voter
10 is duly and successfully challenged in accordance with sections
11 201.195 or 204C.12.
12 A registration card accepted prior to August 1, 1983, is
13 not deficient for lack of date of birth. The county or
14 municipality may attempt to obtain the date of birth for a
15 registration card accepted prior to August 1, 1983, by a request
16 to the voter at any time except at the polling place. Failure
17 by the voter to comply with this request does not make the card
18 deficient.
19 Sec. 4. Minnesota Statutes 1986, section 201.071, is
20 amended by adding a subdivision to read:
21 Subd. 8. [SCHOOL DISTRICT NUMBER.] All voter reqistration
22 cards on file on and after August 1, 1989, must have the number,
23 of the school district in which the voter resides recorded on
24 the'card as provided in subdivision 1.
25 Sec. 5. Minnesota Statutes 1986, section 203B.05,
26 subdivision 2, is amended to read:
27 Subd. 2. [CITY AND TOWN ELECTIONS.] For ezty- a +eetiens -net
28 he�e2 -ea- the- aan+e- dap- aa- a- statearide- e�eetien and fer toeert
29 town
30 elections held at the annual town meeting, and any special
31 election held by a city, school district, or other political
32 subdivision at a time other than at the general election, the,
33 local government election dav, or the primary before either of
34 those elections, applications for absentee ballots shall be
35 filed with the eity -er -team clerk and of the town or city in
36 which the voter resides. The duties prescribed by this chapter
16
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1 suitable size and weight for mailing, and shall contain the
2 following information in substantially the following form:
3 VOTER REGISTRATION CARD
4 (Please print or type)
5 Date: School District No.
6 1. Name:
7 Last First Middle Initial
8 2. Address:....:.
9 Street or Route No.
10
11 City (or Township) County Zip
12 3. Telephone Number:
13 4. Date of birth:
14 Month:.... Day:.... Year:...
15 5. Last registration if any
16 Street or Route Number
17 None
18 City (or Township) Zip
19 6. I certify that I will be at least 18 years
24 old on election day and am a citizen of the
21 United States, that I reside at the address
22 shown and will have resided in Minnesota for 20 days
23 immediately preceding election day, and that
24 1 am not under guardianship of the person,
25 have not been found by a court to be
26 legally incompetent to vote, and have not been
27 convicted of a felony without having my
28 civil rights restored. I understand that giving
29 false information to procure a registration
30 is a felony punishable by not more than five
31 years imprisonment and a fine of not more
32 than $10,000, or both.
33
34 Signature of Voter
35
36 Sec. 3. Minnesota Statutes 1986, section 201.071,
15
f 4/1/87 [REVISOR XX /MC 87 -2675
1 The affidavit shall request that official to withdraw the
2 candidate's name from the ballot and shall be filed no later
3 than three days after the last day for filing for the
4 office. In the case of anv candidate for county office or for
5 judge of the county or municipal court, an affidavit of
6 withdrawal must.be filed no later than 5:00 p.m. on the day
7 after the close of the filing period for those offices.
8 Sec. 8. Minnesota Statutes 1986, section 204B.14, is
9 amended by adding a subdivision to read:
10 Subd. la. [COORDINATION WITH SCHOOL DISTRICTS.] In the
11 course of develoninq precinct boundaries, the governina body
12 shall take into account the boundaries of each school district
13 and the boundaries of election districts, if any, within each
14 school district located within the municioalitv and shall
15 consult with the board of each of those school districts and
16 each municipality which includes territory of those school
17 districts before taking final action on designatinq the precinct
18 boundaries.
19 Sec. 9. Minnesota Statutes 1986, section 204B.16,
20 subdivision 1, is amended to read:
21 Subdivision 1. [AUTHORITY; LOCATION.] The governing body
22 of each municipality and of each county with precincts in
23 unorganized territory shall designate by ordinance or resolution
24 a polling place for each election precinct. In order to more
25 efficiently administer elections held in precincts split by
26 school district or school district election district boundaries
27 or in other precincts where a special need is determined, the
28 governinq body of a municipality may designate more than one
29 polling place in a precinct. The polling place for a precinct
30 in a municipality shall be located within the boundaries of the
31 precinct or within 1,500 feet of one of those boundaries unless
32 a single polling place is designated for a city pursuant to
33 subdivision 2. The polling place for a precinct may be located
34 up to 3,000 feet outside one of the boundaries of the precinct
35 if necessary to locate a polling place that is accessible to and
36 usable by elderly and handicapped individuals as required in
18
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1 for the county auditor shall be performed by the city or town
2 clerk.unless the county auditor agrees to perform those duties
3 on behalf of the city or town clerk. The costs incurred to
4 provide absentee ballots and perform the duties prescribed by
5 this subdivision shall be paid.by the city -er -teem political
6 subdivision holding the election.
7 Sec. 6. Minnesota Statutes 1986, section 203B.06,
8 subdivision 3, is amended to read:
9 Subd. 3. (DELIVERY OF BALLOTS.] If an application for
10 absentee ballots is accepted at a time when absentee ballots are
11 not yet available for distribution, the county auditor or
12 municipal clerk accepting the application shall file it and as
13 soon as absentee ballots are available for distribution shall
14 mail them to the address specified in the application. If an
15 application for absentee ballots is accepted when absentee
16 ballots are available for distribution, the county auditor or
17 municipal clerk accepting the application shall promptly:
18 (a) Mail the ballots to the voter whose signature appears
19 on the application if the application is submitted by mail; or
20 (b) Deliver the absentee ballots directly to the voter if
21 the application is submitted in person.
22 1 If an application does not indicate the election for which
23 absentee ballots are sought, the county auditor or municipal
24 clerk shall mail or deliver only the ballots for the next
25 election occurring after receipt of the application.
26 This subdivision does not apply to applications for
27 absentee ballots received pursuant to section 203B.04,
28 subdivision 2, and section 203B.11. The auditor or municioal
29 clerk is not required to mail or deliver a school district,
30 ballot to an applicant if the auditor or clerk cannot determine
31 the school district in which the applicant resides.
32 Sec. 7. Minnesota Statutes 1986, section 204B.12,
33 subdivision 1, is amended to read:
34 Subdivision 1. (BEFORE PRIMARY.] A candidate may withdraw
35 from the primary ballot by filing an affidavit of withdrawal
36 with -the same official who received the affidavit of candidacy.
17
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1 The county auditors and municipal or school district clerks
2 shall retain all election materials returned to them after any
3 election for at least one year from the date of that election.
4 All election materials involved in a contested election shall be
5 retained for one year or until the contest has been finally
6 determined, whichever is later. Abstracts filed by canvassing
7 boards shall be retained permanently by any officer with whom
8 those abstracts are filed. Election materials no longer
9 required to be retained pursuant to this section shall be
10 disposed of in accordance with sections 138.163 to 138.21.
11 Sec. 14. Minnesota Statutes 1986, section 204C.10,
12 subdivision 1, is amended to read:
13 Subdivision 1. An individual seeking to vote shall print
14 the individual's name and address on a certificate which states
15 that the individual is at least 18 years of age, a citizen of
16 the United States, has resided in Minnesota for 20 days
17 immediately preceding the election, certifies residence at the
18 address shown, is not under guardianship of the person, has not
19 been found by a court of law to be legally incompetent to vote
20 or convicted of a felony without having civil rights restored,
21 is registered and has not already voted in the election. The
22 individual shall then sign the certificate.
23 An election judge shall compare the signature on the
24 voter's certificate with the signature as it appears on the
25 duplicate registration card and the address with the address on
26 the duplicate registration card. If the election judge is
27 satisfied that the signatures are the same, the election judge
28 shall initial the certificate and record the fact of voting on
29 the back of the duplicate registration card. When the school
30 district number is not placed on the certificate by the voter, a
31 judge shall determine the correct school district number from
32 available information and place that number on the certificate.
33 The initialed certificate shall be handed to the voter, who
34 shall deliver it to the election judge in charge of ballots as
35 proof of the right to vote.
36 Sec. 15. Minnesota Statutes 1986, section 204C.19,
20
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1 subdivision 5. The polling place for a precinct in unorganized
2 territory may be located outside the precinct at a place which
3 is convenient to the voters of the precinct. If no suitable
4 place is available within the town, then the polling place for a
5 town may be located outside the town within five miles of one of
6 the boundaries of the town.
7 Sec. 10. Minnesota Statutes 1986, section 204B.18,
8 subdivision 2, is amended to read:
9 Subd. 2. (BALLOT BOXES.) Each polling place shall be
10 provided with one ballot box for each kind of ballot to be cast
11 at the election. The boxes shall be substantially the same
12 color as the ballots to be deposited in them. If buff ballot
13 boxes are required, a separate box must be provided for each
14 school district for which ballots are to be cast at that oollinq
15 place. The number of the school district must conspicuously
16 appear on the too of each buff ballot box. Each box shall be of
17 sufficient size and shall have a sufficient opening to receive
18 and contain all the ballots likely to be deposited in it.
19 Seca 11. Minnesota Statutes 1986, section 204B.18, is
20 amended by adding a subdivision to read:
21 Subd. 3. (SAMPLE BALLOTS.] Each polling7olace must be
22 provided with a sample ballot for every ballot to be voted upon
23 at that pollinq place. The sample ballots must be posted in a
24 prominent place in the oollinq place and be omen to inspection
25 by the voters durinq the time that the polling olace is open.
26 Sec. 12. Minnesota Statutes 1986, section 204B.35,
27 subdivision 1, is amended to read:
28 Subdivision 1. [APPLICATION.] All ballots for every
29 election; except- a- scheel- district e +eetion; shall be prepared
30 in accordance with sections 204B.35 to 2048.44 and chapter 204D,
31 except for voting machine ballots or as otherwise provided by
32 law.
33 Sec. 13. Minnesota Statutes 1986, section 204B.40, is
34 amended to read:
35 204B.40 [BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
36 DISPOSITION.]
19
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1 One or more of the election judges in each precinct shall
2 deliver two sets of summary statements; all unused and spoiled
3 white, pink, and canary ballots; and the envelopes containing
4 the white, pink, and canary ballots either directly to the
5 municipal clerk for transmittal to'the county auditor's office
6 or directly to the county auditor's office within 24 hours after
7 the end of the hours for voting. One or.more election judges
8 shall deliver the remaining set of summary statements and
9 returns, all unused and spoiled municipal and school district
10 ballots, the envelopes containing municipal ballots, and all
11 other things furnished by the municipal clerk, to the municipal
12 clerk's office within 24 hours after the end of the hours for
13 voting.
14 Sec. 18. Minnesota. Statutes 1986, section 204C.28, is
15 amended by adding a subdivision to read:
16 Subd. 3. (DISPOSITION OF SCHOOL DISTRICT RETURNS AND
17 MATERIALS.] The county auditor for an unorganized territory and
18 the municipal clerk for a municipality in which a school
19 district election is held shall deliver the summary statements
20 of the school district election returns, all unused and spoiled
21 school district ballots, and the envelooe containing the school
22 district ballots from each precinct to the clerk of the
23 appropriate school district within 24 hours after closino of the
24 polls.
25 Sec. 19. Minnesota Statutes 1986, section 204C.31,
26 subdivision 2, is amended to read:
27 Subd. 2. (STATE CANVASSING BOARD.] The state canvassing
28 board shall consist of the secretary of state, two judges of the
29 supreme court, and two judges of the district court selected by
30 the secretary of state. None of the judges shall be a candidate
31 at the election. When required to canvass anv returns from the
32 primary orecedinq the local Government election dav, the board
33 shall meet no later than the first Tuesdav after that primary.
34 If a judge fails to appear at the meeting of the canvassing
35 board, the secretary of state shall fill the vacancy in
36 membership by selecting another judge from either court who is
22
4/1/87 (REVISOR J XX /MC 87 -2675
1 subdivision 2, is amended to read:
2 Subd. 2. (BALLOTS; ORDER OF COUNTING.] Except as otherwise
3 provided in this subdivision, the ballot boxes shall be opened,
4 the votes counted, and the total declared one box at a time in
5 the following order: the white box, the pink box, the canary
6 box, the light green box, the buff box, and then the other kinds
7 of ballots voted at the election. If enough election judges are
8 available to provide counting teams of four or more election
9 judges for each box, more than one box may be opened and counted
10 at the same time. The election judges on each counting team
11 shall be evenly divided between the major political parties.
12 The numbers entered on the summary sheet shall not be considered
13 final until the ballots in all the boxes have been counted and
14 corrections have been made if ballots have been deposited in the
15 wrong boxes.
16 Sec. 16. Minnesota Statutes 1986, section 204C.25, is
17 amended to read:
18 204C.25 (DISPOSITION OF BALLOTS.]
19 After the count and the summary statements have been
20 completed, in the presence of all the election judges, the
21 counted, defective and blank ballots shall be placed in
22 envelopes marked or printed to distinguish the color of the
23 ballots contained, and the envelopes shall be sealed. The
24 election judges shall sign each envelope over the sealed part so
25 that the envelope cannot be opened without disturbing the
26 continuity of the signatures. The number and kind of ballots in
27 each envelope, the name of the town or city, and the name of the
28 precinct shall be plainly written upon the envelopes. The
29 number of the district must be plainly written on anv envelope
30 containing school district ballots. The spoiled ballots shall
31 be placed in separate envelopes and returned with the unused
32 ballots to the county auditor or municipal clerk from whom they
33 were received.
34 Sec. 17. Minnesota Statutes 1986, section 204C.27, is
35 amended to read:
36 204C.27 (DELIVERY OF RETURNS TO COUNTY AUDITORS.]
21
4/1/87 [REVISOR XX /MC 87 -2675
1 Sec. 21. Minnesota Statutes 1986 section 2040.02,
2 subdivision 1, is amended to read:
3 Subdivision 1. (OFFICERS.] All elective state and county
4 officers, justices of the supreme court, judges of the court of
5 appeals, district, county and county municipal courts, state
6 senators and state representatives, and senators and
7 representatives in congress shall be elected at the state
8 general election held in the year before their terms of office
9 expire. Presidential electors shall be chosen at the state
10 general election held in the year before the expiration of a
11 term of a president of the United States. County officers and
12 fudges of the county court must be elected on the local
13 qovernment election day; but, except as provided in article 1,
14 section 2, and article 2, section 1, the statutes qoverninq the
15 general election and the Primary arecedinq the general election
16 qovern the recular and primary election of those officers and
'17 judges.
18 Sec. 22. Minnesota Statutes 1986, section 204D.02,
19 subdivision 2, is amended to read:
20 Subd. 2. [TERM OF OFFICE.] The term of office of all
21 elective state arid, county, city, and school district officers
22 and of every officer of any political subdivision of the state
23 except towns shall begin on the first Monday in January of the
24 odd numbered year following their election.
25 Sec. 23. Minnesota Statutes 1986, section 204D.11,
26 subdivision 5, is amended to read:
27 Subd. 5. (BALLOT HEADINGS.] The white, pink and special
28 federal white ballot shall be headed with the words "State
29 General Election Ballot." The canary ballot shall be headed
30 with the words "County, District, and Judicial Nonpartisan
31 General Election Ballot."
32 Sec. 24. Minnesota Statutes 1986, section 204D.11, is
33 amended by adding a subdivision to read:
34 Subd. 7. (GOLDENROD BALLOT.] All questions and
35 propositions to be submitted to the voters that are not required
36 to be placed on any other ballot must be Placed on one ballot on
24
4/1/87 [REVISOR XX /MC 87 -2675
1 not a candidate at the election. Not more than two judges of
2 the supreme court shall serve on the canvassing board at one
3 time.
4 Sec. 20. Minnesota Statutes 1986, section 204C.32,
5 subdivision 1, is amended to read:
6 Subdivision 1. (COUNTY CANVASS.) The county canvassing
7 ,board shall meet at the county auditor's office at- �9- 98- a. -nt- -arc
8 or- before- the third dap following- the state primary. After
9 taking the oath of office, the canvassing board shall publicly
10 canvass the election returns delivered to the county auditor.
11 The board shall complete the canvass of the primary precedinq
12 the local government election day within two days after the
13 election, and of the orimary before the qeneral election, by the
14 evening of the sixth day following the election and shall
15 promptly prepare and file with the county auditor a report that
16 states:
17 (a) The number of individuals voting at the election in the
18 county, and in each precinct;
19 (b) The number of individuals registering to vote on
20 election day and the number of individuals registered before
21 election day -in each precinct;
22 (c) For each major political party, the names of the
23 candidates running for each partisan office and the number of
24 votes received by each candidate in the county and in each
25 precinct;
26 (d) The names of the candidates of each major political
27 party who are nominated; and
28 (e) The number of votes received by each of the candidates
29 for nonpartisan office in each precinct in the county and the
30 names of the candidates nominated for nonpartisan office.
31 Upon completion of the canvass, the county auditor shall
32 mail or deliver a notice of nomination to each nominee voted for
33 only in that county. The county auditor shall promptly certify
34 to the secretary of state the vote reported by the county
35 canvassing board for candidates voted for in more than one
36 county.
23
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1 election. The contest may be brought over an irregularity in
2 the conduct of an election or canvass of votes, over the
3 question of who received the largest number of votes legally
4 cast, or on the grounds of deliberate, serious, and material
5 violations of the Minnesota election law.
6 Sec. 27. Minnesota Statutes 1986, section 209.021,
7 subdivision 3, is amended to read:
8 Subd. 3. (NOTICE SERVED ON PARTIES.] In all contests
9 relating to the nomination or election of a candidate, the
10 notice of contest must be served on the candidate who is the
11 contestee, a copy of the notice must be sent to the contestee's
12 last known address by certified mail, and a copy must be
13 furnished to the official authorized to issue the certificate of
14 election. If personal or substituted service on the contestee
15 cannot be made, an affidavit of the attempt by the person
16 attempting to make service and the affidavit of the person who
17 sent a copy of the notice to the contestee by certified mail is
18 sufficient to confer jurisdiction upon the court to decide the
19 contest.
20 If the contest relates to a constitutional amendment or
21 other question voted on statewide or voted on in more than one
22 county, notice of contest must be served on the secretary of
.23 state, who is the contestee. If a contest relates to a question
24 voted on within only one county or-one, municipality, or school
25 district a copy of the notice of contest must be served on the
26 county auditor er, municipal clerk, or the clerk of the school
27 district respectively, who is the contestee. If the contest
28 relates to an irregularity in the conduct of an election or
29 canvass of votes, a copy of the notice of contest must be served
30 on the county auditor of the county where the irregularity is
31 said to have occurred.
32 Sec. 28. (210A.015] [EXEMPTION FOR SCHOOL DISTRICT
33 ELECTIONS.]
34 None of the provisions of chanter 210A, except for sections
35 210A.03; 210A.05, subdivision 1; 210A.10; and 210A.11,
36 subdivision 2, apply to a school district election.
26
4/1/87 (REVISOR j XX /MC 87 -2675
1 goldenrod paper to be known as the goldenrod ballot. This
2 ballot must be headed with the words "County and District
3 Proposition Ballot." The goldenrod ballot must be prepared by
4 the county auditor.
5 Sec.'25. Minnesota Statutes 1986, section 204D.16, is
6 amended to read:
7 204D.16 (SAMPLE GENERAL ELECTION BALLOTS; POSTING;
8 PUBLICATION.
9 Two weeks before the state general an election at which the
10 white, canary, or qoldenrod ballots are to be cast, the county
11 auditor shall prepare sample copies of the white -end- eanarp
12 ballots each ballot to be cast and shall post copies of these
13 sample ballots and a sample of the pink ballot in the auditor's
14 _office for public inspection. No earlier than 15 days and no
15 later than two days before the state general an election the
16 county auditor shall cause the- sarnpie- white and eanarp bai�ets
17 each ballot to be published in at least one newspaper of general
18 circulation in the county. The auditor shall also supply each
19 municipal clerk in the county with a sufficient number of
20 samples of the white ballot and, before the local government
21 election day, the canary ballot, so that one copy of each sample
22 ballot may be posted at each pollinq place in every municipality
23 in the county. The county auditor shall cause to be posted in
24 each oollinq place in an unorganized territory in the county a
25 sample ballot of every ballot to be voted upon at that oollinq
26 place, including a sample school district ballot.
27 Sec. 26. Minnesota Statutes 1986, section 209.02,
28 subdivision 1, is amended to read:
29 Subdivision 1. Any eligible voter, including a candidate,
30 may contest in the manner provided in this chapter: (1) the
31 nomination or election of any person for whom the voter had the
32 right to vote if that person is declared nominated or elected to
33 the senate or the house of representatives of the United States,
34 or to a statewide, county, legislative, or municipal, school
35 district, or district court, office; or (2) the declared result
36 of a constitutional amendment or other question voted upon at an
25
r 4/1/87 [REVISOR XX /MC 87 -2675
1 prescribe the rules governing the same, determine the
2 eligibility of voters and publish the results.
3 Sec. 2. Minnesota Statutes 1986, section 40.05,
4 subdivision 3, is amended to read:
5 Subd'. 3. After December 31, 1972, and for the elections
6 required by subdivision 2, all elections except that provided
7 for the organization of the district, in subdivision 1, shall be
8 held at -the- tune- and -p +ace -of-he +ding the state general
9 on the
10 local qovernment election day designated by article 1, section
11 2. Ne- pri:nery- shah- be- keie3- The names of candidates for
12 election as supervisors of the soil and water conservation
13 district shall be placed on the "canary ballot," as described in
14 section 204D.11, subdivision 3. Nominating petitions conforming
15 to the rules stated in subdivision 1 shall be filed with the
16 secretary of the soil and water conservation district at -least
17 69- days before- the tune- ef- heiding the state general
18 a +eetien durinq the time for filing prescribed by article 1,
19 section 2, subdivision 6. At least 45 40 days before the state
20 general primary election the district secretary shall submit the
21 names of the candidates and the terms for which nominated to the
22 appropriate county auditor. The ballots for use at the election
23 shall be prepared by the county auditor. All laws relating to
24 elections for county office shall govern insofar as applicable.
25 The county auditor shall certify the result to the state soil
26 and water conservation board, and if the soil and water
27 conservation district embraces land in more than one county the
28 county auditor shall forthwith certify to the state soil and
29 water conservation board the vote, as shown by the report of the
30 county canvassing board, for all candidates voted for in more
31 than one county. In the latter case the state soil and water
32 conservation board shall certify the results of the election and
33 publish the result.
34 Sec. 3. Minnesota Statutes 1986, section 40.05,
35 subdivision 4, is amended to read:
36 Subd. 4. If a vacancy except by reason of expiration of
A 28
4/1/87 [REVISOR XX /MC 87 -2675
1 ARTICLE 4
2 ORGANIC LAWS; SOIL AND WATER CONSERVATION DISTRICTS,
3 SCHOOL DISTRICTS, PARK DISTRICTS, HOSPITAL DISTRICTS,
4 COUNTIES, COUNTY AND MUNICIPAL COURTS,
5 HOME RULE CHARTER CITIES
6 Section 1. Minnesota'Statutes 1986, section 40.05,
7 subdivision 1, is amended to read:
8 Subdivision 1. Within 30 days after the date of issuance
9 by the secretary of state of a certificate of organization of a
10 soil and water conservation district, or such further time as
11 the state soil and water conservation board may allow,
12 nominating petitions may be filed with the state soil and water
13 conservation board nominating legal voters as candidates for
14 election as supervisors of such district, two for terms to
15 expire on Beeember -31 the first Monday in January following the
16 second general reqular election after their initial election,
17 and one for a term to expire on Beeember -31 the first Mondav in
18 January following the third general reqular election after their
19 initial election. Each petition must be subscribed by one or
20 more legal voters of the district. If a person signs petitions
-21 nominating 'more than three candidates the signature shall not be
22 counted on any petition. The state board shall give due notice
23 of the time and place where the election of three supervisors
24 shall be held in the district, and shall specify therein the
25 names of all candidates and the terms for which nominated. The
26 state board shall prepare ballots for such election with the
27 surnames of the candidates printed thereon in alphabetical order
28 for each term and a square before each name and a direction to
29 insert an X mark in the square before three names with different
30 terms to indicate the voter's choice. All legal voters shall be
31 eligible to vote at such election. The three candidates who
32 shall receive the highest numbers respectively of the, votes cast
33 at such election shall be the elected supervisors for the
34 district. In case of a tie, the election shall be determined by
35 lot, under the direction of the state board. The state board
36 shall supervise such election, pay all the expenses thereof,
27
4/1/87 (REVISOR XX /MC 87 -2675
1 auditor shall also provide official ballots which shall be used
2 exclusively and shall be in the following form:
3 For consolidation
4 Against consolidation
5 The,county auditor shall appoint three election judges for
6 each polling place who shall act as clerks of election. The
7 county may shall pay these election judges root- to- exeeed -$I -per
8 hone an amount fixed by the county board. The ballots and
9 results shall be certified to the county auditor who shall
10 canvass and tabulate the total vote cast for and against the
11 proposal.
12 Sec. 6. Minnesota Statutes 1986, section 122.23,
13 subdivision 17, is amended to read:
14 Subd. 17. If all of the territory of one and only one
15 independent district maintaining a secondary school is included
16 in the new independent district, the board of that previously
17 existing independent district shall assume the duties and
18 responsibilities of the board of the newly organized district
19 for the balance of the term to which the members were elected.
20 At the next annual regular school district election the
21 successors to the members whose terms then expire shal_1 be
22 elected by the legally qualified voters of the newly organized
23 district. Thereafter, board members shall be elected according
24 to the election procedure established for the election of board
25 members in independent districts.
26 Sec. 7. Minnesota Statutes 1986, section 122.23,
27 subdivision 18, is amended to read:
28 Subd. 18. (a) If no board is provided for under the
29 foregoing provision, upon receipt of the assigned identification
30 number, the county auditor shall determine a date, not less than
31 20 nor more than 60 days from the date of the receipt of the
32 assigned identification number, upon which date shall be held a
33 special election in the district for the purpose of electing a
34 board of six members for terms as follows: two three until the
35 at+y- -ene- pear- after -the- effective- date of the eonae+i8atioa;
36 two- csatii- the expiration- of -erte- year- fron+- arid- drsip and two
30
4/1/87 [REVISOR XX /MC 87 -2675
1 term shall occur in the office of an elected supervisor, more
2 than 66 -daps 13 weeks before the next succeeding general reqular
3 election, the governing body of the district shall fill the
4 .vacancy by appointment; and the supervisor appointed shall hold
5 office until Beeember -3+ the first Monday in January following
6 the next succeeding general reqular election. If the term does
7 not then expire, a successor shall be elected at the next
8 succeeding general regular election following the appointment
9 and hold office for the remainder of the term. If a vacancy
10 except by reason of expiration of term shall occur in such
11 office less than 68 -daps 13 weeks before the next succeeding
12 general reqular election, the governing body of the district
13 shall fill the vacancy by appointment; and the supervisor shall
14 hold office until the expiration of the term or until Beeember
15 31 the first Monday in January following the second
16 succeeding general reqular election, whichever is the shortest
17 term, when a successor shall be elected and hold office for the
18 remainder of the term.
19 Sec. 4. Minnesota Statutes 1986, section 40.06,
20 subdivision 1, is amended to read:
21 Subdivision 1. (MEMBERS; ELECTION, APPOINTMENT.] The
22 governing body of the district shall consist of five
23 supervisors, elected or appointed as herein provided in this
24 section. All supervisors shall be legal voters residing within
25 the district. The two supervisors appointed by the state board
26 upon the creation of the district as- hereinbefere- pretli8ed shall
27 serve for terms ending on Beeembee -31 the first Monday in
28 January following the next succeeding general reqular election
29 after their appointment, and thereafter their successors shall
30 be elected for terms of six years.
31 Sec. 5. Minnesota Statutes 1986, 122.23,
32 subdivision 12, is amended to read:
33 Subd. 12. The county auditor shall determine the date of
34 the election, the number of boundaries of voting precincts, and
35 the location of the polling places where voting shall be
36 conducted, and the hours the polls will be open. The county
29
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1 The ballots shall be marked and signed as official ballots and
2 shall be used exclusively at the election. The county auditor
3 shall determine the number of voting precincts and the
4 boundaries of each. The county auditor shall determine the
5 location of polling places and the hours the polls shall be open
6 and shall appoint three election judges for each polling place
7 who shall act as clerks of election. Election judges shall
8 certify ballots and results to the county auditor for tabulation
9 and canvass.
10 (f) After making a canvass and tabulation the county
11 auditor shall issue a certificate of election to the candidate
12 for each office who received the largest number of votes cast
13 for the office. The county auditor shall deliver such
14 certificate to the person entitled thereto by certified mail,
15 and each person so certified shall file an acceptance and oath
16 of office with the county auditor within 30 days of the date of
17 mailing of the certificate. A person who fails to qualify prior
18 to the time specified shall be deemed to have refused to serve,
19 but such filing may be made at any time before action to fill
20 vacancy has been taken.
21 (g) The board of each district included in the new enlarged
22 district shall continue to maintain school therein until the
23 effective date of the consolidation. Such boards shall have
24 power and authority only to make such contracts, to do such
25 things as are necessary to maintain properly the schools for the
26 period prior to that date, and to certify to the county auditor
27 according to levy limitations applicable to the component
28 districts the taxes collectible in the calendar year when the
29 consolidation becomes effective.
30 (h) It shall be the immediate duty of the newly elected
31 board of the new enlarged district, when the members thereof
32 have qualified and the board has been organized, to plan for the
33 maintenance of the school or schools of the new district for the
34 next school year, to enter into the necessary negotiations and
35 contracts for the employment of personnel, purchase of equipment
36 and supplies, and other acquisition and betterment purposes,
32
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1 t�ntii -tire- expiration -ef -two- pears- eron+- said 3aip first Monday
2 in January followinq the next reqular school district election
3 and three until the first Mondav in January followinq the second
4 succeedinq regular school district election, to hold office
5 until a successor is elected and qualifies according to
6 provisions of law governing the election of board members in
7 independent districts. If the resolution or petition for
8 consolidation pursuant to subdivision 2 proposed that the board
9 of the newly created district consists of seven members, then
10 seven members shall be elected at this election for the terms
11 provided in this clause except that three four members shall
12 hold office until the expiration of two years from said- 6d+y -1
13 the first Mondav in January following the next reqular school
14 district election. If the resolution or petition for
15 consolidation pursuant to subdivision 2 proposed the
16 establishment of separate election districts, these members
17 shall be elected from separate election districts according to
18 the provisions of that resolution or petition and of section
19 123.32.
20 (b) The county auditor shall give ten days' posted notice
21 of election in the area in which the election is to be held and
22 also if there be a newspaper published in the proposed new
23 district, one weeks' published notice shall be given. The
24 notice shall specify the time, place and purpose of the election.
25 (c) The county may shall pay the election judges got -to
26 exceed per -hoar- for thew services an amount fixed by the
27 county board.
28 (d) Any person desiring to be a candidate for a school
29 election shall file an application affidavit with the county
30 auditor to have the applicant's name placed on the ballot for
31 such office, specifying the term for which the application
32 affidavit is made. The application affidavit shall be filed not
33 less than 12 days before the election.
34 (e) The county auditor shall prepare, at the expense of the
35 county, necessary ballots for the election of officers, placing
36 thereon the names of the proposed candidates for each office.
31
4/1/87 [REVISOR J XX /MC 87 -2675
1 of each common district shall consist of a chair, a t reasurer
2 and a clerk. The board may by resolution establish a time and
3 place for regular meeting and no notice of such meeting need be
4 sent to any members of the board.
5 Seca 10. Minnesota Statutes 1986, section 123.32,
6 subdivision 9, is amended to read:
7 Subd. 9. Any independent district may for the purpose of
8 the election of board members alter its organization into
9 separate election districts by the fe} }swing procedure provided
10 in subdivisions 9 to 21. Except for any part of an election
11 district boundary which is formed by the boundary of the school
12 district, every election district boundary established under
13 subdivisions 9 to 21 must follow visible, clearly recognizable
14 ohvsical features as defined in section 204B.14, subdivision 6,
15 and, as far as practicable, must follow the boundaries of city
16 and town election Drecincts established under sections 204B.14
17 and 204B.15.' The board shall consult with city councils and
18 town boards before taking final action desianatinq election
19 district boundaries.
20 Sec. 11. Minnesota Statutes 1986, section 123.32,
21 subdivision 13, is amended to read:
22 Subd. 13. The board shall designate each election district
23 by number wed -by -a- metes wed- berseds- deseriptioe seffieieet and
24 adequate te permit ideetifieatiee of the geegraphiea limits ef
25 the -area.
26 Sec. 12. Minnesota Statutes 1986, section 123.32,
27 subdivision 23, is amended to read:
28 Subd. 23. (1) Helesraetiee is taken by the beard under
29 sabparagraphs f� and f3� ef tkis sebdisisiee; ie a district
30 whisk reclassified- te- ae- iedepeedeet- district freer a eoeetp
31 district- er- a- eeecuecee- district- aoetaieieg- ten er more teweskips;
32 by presisioes of tkis code, tire board ef stsek district shall
33 eeetier: e- to- gosere- tke- district- netil- icily fe }learieg tke next
34 aeee3al- a }eetioe -as- presided- fer- iedepeedeet districts, at wkieh
35 election- six members- shall-be- elected -at- large from the
36 district; taco- eneee+bers- for -a -pee- pear term Preen 3tslp next
34
4/1/87 [REVISOR j XX /MC 87 -2675
1 when authorized by the voters to issue bonds under the
2 provisions of chapter 475; and on the effective date of the
3 consolidation to assume the full duties of the care, management
4 and control of the new enlarged district. The board of the new
5 enlarged district shall give due consideration to the
6 feasibility of maintaining such existing attendance centers and
7 of establishing such other attendance centers, especially in
8 rural areas, as will afford equitable and efficient school
9 administration and assure the convenience and welfare of the
10 pupils residing in the enlarged district. The obligations of
11 the new board to teachers employed by component districts shall
12 be governed by the provisions of section 122.532.
13 Sec. 8. Minnesota Statutes 1986, section 122.25,
14 subdivision 2, is amended to read:
15 Subd. 2. At the annual meeting, if a majority of the votes
16 cast on the question favors the conversion to an independent
17 district, a board of six members shall be elected. Nominations
18 may be made from the floor of the meeting and election shall be
19 by secret ballot. All board members elected at this meeting
20 shall serve for terms expiring on the third- �nea8ap -in -Map
21 next first Monday in January following the next regular school
22 district election en- �kiek- date- a- reg��ar- annea� eks��
23 be- held -in -the- manner presided -by law. At this- first- annssi the
24 next regular election for independent districts, six directors
25 shall be elected, tme three to hold office until July 1
26 following the next annual election, two to hold office entii -the
27 expiration -ef -one- year from said- 3eip i an8 tme to kei 8 office
28 entii -the- expiration- of -tme- pees from said drip i for a term of
29 two years and three for a term of four vears; the time which
30 each director shall hold office being designated on the ballot.
31 Sec. 9. Minnesota Statutes 1986, section 123.12,
32 subdivision 1, is amended to read:
33 Subdivision 1. The care, management and control of a
34 common district is vested in a board of three members to be
35 known as the school board. The term of office of a member shall
36 be three four years, and until a successor, qualifies.'The board
33
4/1/87 [REVISOR XX /MC 87 -2675
1 its- erganixatien- providing -for- area representation and e -fine
2 member- beard;- s- reseltttien- affecting seteh erganiaation map be
3 adopted -bp -the- beard -at- any tine- befere 36 daps before the next
4 election following- the effective- date of thin code. �Phe
5 resolts tion;- if- adopted; shall divide the district into fine
6 election districts- eeterninet�s -with the eennty eonnissioner
7 districts and shah specify- the terms -to- which- nenbers -f rem
8 each election- district shah -be- elected se as to provide for a
9 eentinesatien -of- the present organisational strttetare of the
10 beard
11 (2) In a district which is reclassified to an independent
12 school district from a county district by provisions of this
13 code, the regular election of board members may must be held
14 biennially on the local government election day designated by
15 article 1, section 2, from county commissioner districts as now
16 established eonenrrently -with- the general elections in the areas
17 open- reseletion -of -the- beard adopted at least -39 days befere the
18 eleetien- next- fellewing- the effective date ef this cede. if
19 se soh- a- reaolestion- is- adepted�- beard- nenbers presently serving
20 shall- eentinese -in- office- antil- the expiration ef the term te
21 which -they- were elected serve intil- a saeeesser is elected
22 and qualified. Thereafter; Vacancies caused by expiration of
23 term shall be filled at each general regular election for a term
24 of four years from the first Monday in January following
25 the general reqular election. Districts reclassified as
26 independent districts that were county districts shall also have
27 the powers and duties contained in sections 128.03 to 128.06 in
28 addition to their status as an independent district.
29 Sec. 13. Minnesota Statutes 1986, section 123.33,
30 subdivision 1, is amended to read:
31 Subdivision 1. The care, management, and control of
32 independent districts shall be vested in a board of directors,
33 to be known as the school board. The term of office of a member
34 shall be three four years and until a successor qualifies. The
35 membership of the school board shall consist of six elected
36 directors together with such ex officio member as may be
36
4/1/87 [REVISOR j XX /MC 87 -2675
1 following- the- eleetian- -two- members for a tare pear term from
2 said- �t:lp -and- tare members- for a three pear tern► from said
3 3alp- l; -to- serve- t:ntil- e- st:eeesser is elected and gt if
4 st: eh- district -is- reclassified to -an independent district from s
5 common- district -of- ten -or- mere townships containing less than
6 ten schools; -tke- board- of- st:eh- district shall eentint:e te govern
7 the district; -and- the -m embers presently sereing shah eentinr3e
8 to -tke- end -ef- their- term.- -At -the- next anntzal election ef sekael
9 board members -fe }lowing- dtilp -fe }toeing the adoption of tke
10 code;- two members shall -be- elected- for a three °pear term and one
11 member- for -a -two- pear term each commencing on �ttlp t next
12 following the election thereafter; members shall be elected as
13 in independent- di9triet9-
14 t2t In any district which is reclassified from a common
15 district of ten or more townships to an independent district by
16 the provisions of this code, the reqular election of the board
17 members may be held biennially eenenrrentlp -with- the general
18 elections- in -tke- areas- bp- resele�tien- of -tke beard made witkin -98
19 daps- of -tke- adoption -of -this- cede Beard- members presently
20 serving- shah- eontintte- in- offzee- until -tke- expiration of tke
21 term -te- which -they- were elected. -At- the next general election
22 following -tke- adoption -of -the- code;- board members shall be
23 elected -to- fill all- naeanetes- tken- eeettrring and any traeaneies
24 eat: sod- bp- reelassifieatien- to -an- independent district frenided
25 that three- board- members shall -be- eieeted for a term of fear
26 pears -each- and any necessary- additional- beard members shall be
27 elected- for term -of -two- pears- eaek; -to- serge antic a stteeessor
28 is- eieeted- and qualifies on the local government election day
29 designated by article 1, section 2. The term of members shall
30 commence on the first Monday in January following the
31 general reqular election and is for four vears. Thereafter;
32 three- members shall -be- elected -at- each general election for a
33 term -of -four- peers from -tke- first- Mendap- in c3anuarp following
34 the- general- electien-
35 f3� -lf -a- reclassified district- was -a- county district and if
36 the- board -of -such- district determines -bp- resolution; te retain
35
4/1/87 [REVISOR XX /MC 87 -2675
1 chair, clerk, and a treasurer, who shall hold their offices for
2 one year and until their successors are selected and qualify.
3 The persons who perform the duties of the clerk and treasurer
4 need not be members of .the board and the board by resolution may
5 combine the duties of the offices of clerk and treasurer in a
6 single person in the office of business affairs. They may
7 appoint a superintendent who shall be ex officio a member of the
8 board, but not entitled to vote therein. fin districts in vahteh
9 beard members- are elected -at- the genera l eleetien in November;
10 the annual- meeting -ef- the beard shall be he +d en the first
11 MenBap ef �ant�arp er as soon thereafter as praetieab�e
12 Sec. 16. Minnesota Statutes 1986, section 123.351,
13 subdivision 1, is amended to read:
14 Subdivision 1. [ESTABLISHMENT.] Two or more independent
15 school districts may enter into an agreement to establish a
16 cooperative center to provide for vocational education and other
17 educational services upon the vote of a majority of the full
18 membership of each of the boards of the districts entering into
19 the agreement. When a resolution approving this action has been
20 adopted by the board of a district, the resolution shall be
21 published once in a• newspaper of general circulation in the
22 district. If a petition for referendum on the question of the
23 district entering into the agreement, containing signatures of
24 qualified voters of the district equal to five percent of the
25 number of voters at the last annual regular school election, is
26 filed with the clerk of the board within 60 days after
27 publication of the resolution, the board shall not enter into
28 the agreement until the question has been submitted to the
29 voters of the district at a special election. This election
30 shall be conducted and canvassed in aeeerdanee- with- saetien
31 12ST32 the same manner as the regular election of officers of
32 independent school districts. If a majority of the total number
33 of votes cast on the question within the district is in favor of
34 the proposition, the board may thereupon-enter into an agreement
35 to establish the center for purposes herein described in this
36 section.
38
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e.
1 provided by law. But the board may submit to the electors at
2 any school election the question whether the board shall consist
3 of seven members and if a majority of those voting on the
4 proposition favor a seven member board, a seventh member shall
5 be elected at the next election of directors for a three -pear
6 four -year term and thereafter the board shall consist of seven
7 members.
8 Sec. 14. Minnesota Statutes 1986, section 123.33,
9 subdivision 4, is amended to read:
10 Subd. 4. Any other vacancy in a board shall be filled by
11 the- beard -at- any- reg��ar- or- apeeia�- meetsng thereof. Seen
12 appesatmeat aka�� be enideaeed bp a reao�etsea entered -tn the
13 mi�etea aad aha�� eontiaee ent�- �e�p next- fo��e� tag seen
14 appeiatmeet--- A��- e�eetzone- te- fi��- naeaaeies- aka�� -be for the
15 enexp+red -term at a special election not less than 30 nor more
16 than 60 days after the vacancy occurs. The special primary or
17 special election may be held on the same day as a regular
18 orimary or regular election but the special election.must be
19 held not less than 14 days after the special primary. The
20 person elected at the special election shall take office
21 immediately after receipt of the certificate of election and
22 shall serve the remainder of the unexpired term. A candidate to
23 fill a vacancy at a special election may not run at larqe but
24 shall file and appear on the ballot as a candidate "to fill the
25 vacancy created ......(the date the vacancy occurred), for the
26 term expiring If the vacancy occurs less than 60
27 days before the qeneral election orecedinq the end of the term,
28 the vacancy must be filled by the person elected at that
29 election for the ensuinq term who shall take office immediately
30 after receiving the certificate of election.
31 Sec. 15. Minnesota Statutes 1986, section 123.34,
32 subdivision 1, is amended to read:
33 Subdivision 1. Within ten days after the election of the
34 first board in independent districts and annually thereafter
35 on 3ely -1 the first Monday in January, or as soon thereafter as
36 practicable, the board shall meet and organize by selecting a
37
4/1/87 [REVISOR XX /MC 87 -2675
1 shall be from the same school district. The chair shall preside
2 at all meetings of the center board except in the chair's
3 absence the vice -chair shall preside. The clerk shall keep a
4 complete record of the minutes of each meeting and the treasurer
5 shall be the custodian of the funds of the center. Insofar as
6 applicable, sections 123.33 and 123.34, shall apply to the board
7 and officers of the center.
8 (e) Each participating school district shall have equal
9 voting power with at least one vote. A majority of the center
10 board shall be a quorum. Any motion other than adjournment
11 shall pass only upon receiving a majority of the votes of the
12 entire center board.
13 Sec. 18. Minnesota Statutes 1986, section 123.51, is
14 amended to read:
15 123.51 [SPECIAL SCHOOL DISTRICTS, LAWS APPLICABLE.]
16 Special districts as now organized shall continue to
17 operate under the special legislation and charter provisions
18 governing them until conversion to independent districts. The
19 provisions of law relating to independent districts shall apply
20 to and P
overn each special district unless the special laws and
9
21 charter provisions governing the special district provide for
22 the matter, in which case the special laws and charter
23 provisions relating to the special district shall apply and
24 control. Article 1, section 2, article 2, sections 13 to 16,
25 and article 5, section 1, control and supersede inconsistent
26 provisions of special laws or charters in the matter of school
27 district elections in special districts.
28 Sec. 19. Minnesota Statutes 1986, section 128.01, is
29 amended to read:
30 128.01 [COUNTY SCHOOL BOARD; ELECTIONS; TERMS.]
31 The school board of any such county district shall consist
32 of five members, to be elected at the same time and in the same
33 manner as board members in a- ten -er- mere- teanships an
34 independent school district, but for a term of four years. The
35 board of county commissioners shall appoint the members of such
36 board within 60 days following the election at which time the
40
4/1/87 [REVISOR XX /MC 87 -2675
1 Sec. 17. Minnesota Statutes 1986, section 123.351,
2 subdivision 3, is amended to read:
3 Subd. 3. [GOVERNING HOARD.] (a) The center shall be
4 operated by a center board of not less than five members which
5 shall consist of members from school boards of each of the
6 participating school districts within the center, appointed by
7 their respective school boards. Each participating school
8 district shall have at one member on the board. The board
9 shall choose an administrative officer to administer board
10 policy and directives who shall serve as an ex officio member of
11 the board but shall not have a vote.
12 (b) The terms of office of the first members of the board
13 shall be determined by lot as follows: ene -third one -half of
14 the members for one- year; one third -fer two years, and the
15 remainder for three four years, all terms to expire on 3nne -39
16 the first Monday in January of the appropriate even numbered
17 year; provided that if the number of members is not evenly
18 divisible by three two, the membership will be as evenly
19 distributed as possible among ene; two and three four year terms
20 with- the remaining members- serving -the- three- year term.
21 Thereafter the terms shall be for three four years commencing on
22 Jnip -i the first Monday in January of each the even- numbered
23 year. If a vacancy occurs on the center board, it shall be
24 filled by the appropriate school board within 90 days. A person
25 appointed to the center board shall qualify as a board member by
26 filing with the chair a written certificate of appointment from
27 the appointing school board.
28 (c) The first meeting of a center board shall be at a time
29 mutually agreed upon by board members. At this meeting, the
30 center board shall choose its officers and conduct any other
31 necessary organizational business. Thereafter the center board
32 shall meet on the first of July of each year or as soon
33 thereafter as practicable pursuant to notice sent to all center
34 board members by the chief executive officer of the center.
35 (d) The officers of the center board shall be a chair,
36 vice chair, clerk and treasurer, no'two of whom when possible
39
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s
1 town officers or of determining any matter of town business,
2 provide for the casting of ballots in precincts and at polling
3 places. Precincts and polling places shall be designated by the
4 town board in the manner prescribed by sections 204B.14 and
5 204B.16.
6 Subd. 2. [OPTION TO HOLD TOWN ELECTIONS ON LOCAL
7 GOVERNMENT ELECTION DAY.] A town, by the vote of a majority of
8 those voting at an annual or special meeting, may exercise the
9 option to hold elections for town officers the local
10 government election day designated in article 1, section 2.
11 This option may only be exercised with respect to future town
12 elections and may not be exercised to postpone any election
13 scheduled to be held at the meeting at which the option is voted
14 upon. A town exercising the option to hold its election on the
15 local government election day shall comply with article 1,
16 section 2, with respect to all future reqular elections of town
17 officers until a maiority of those voting at an annual or
18 special meeting vote to rescind that option.. Town officers
19 elected on the local Government election day shall take office
20 at the annual town meeting next succeeding their election.
21 Sec. 21. Minnesota Statutes 1986, section 375.025,
22 subdivision 4, is amended to read:
23 Subd. 4. (REDISTRICTING PLAN; ELECTION FOLLOWING
24 REDISTRICTING.] A redistricting plan whether prepared by the
25 county board or *the redistricting commission shall be filed in
26 the office of the county auditor. A redistricting plan shall be
27 effective on the 31st day after filing unless a later effective
28 date is specified but no plan shall be effective for the next
29 election of county commissioners unless the plan is filed with
30 the county auditor not less than 30 days before the first date
31 candidates may file for the office of county commissioner. One
32 commissioner shall be elected in each district who, at the time
33 of the election, is a resident of the district. A person
34 elected may hold the office only while remaining a resident of
35 the commissioner district. The county board or the
36 redistricting commission shall determine the number of members
42
4/1/87 (REVISOR XX /MC 87 -2675
1 question of consolidation was submitted, the length of each term
2 for which they are to be appointed being such as to cause the
3 term of three members of the board to expire on the Sunday
4 preceding -the first Monday in January following the next general-
5 reqular election and the term for two members to expire two
6 years from the Sunday- preceding the first Monday in January
7 following the next genera+ reqular election. The provisions of
8 Laws 1949, chapter 268, shall not affect the terms of the school
9 boards of county- districts now organized. The school board of
10 the county district shall meet within ten days after the
11 appointment by the county board, and thereafter as may be
12 necessary, and organize in the same manner as independent
13 districts and do whatever business is necessary for the best
14 interest of the county district for the ensuing school year and
15 thereafter shall organize at the same time as boards of county
16 commissioners.
17 Sec. 20. Minnesota Statutes 1986, section 365.51, is
18 amended to read:
19 365.51 (ANNUAL TOWN MEETING; PRECINCTS; POLLING PLACES.)
20 Subdivision 1. [ANNUAL MEETING.] There shall be an annual
21 town meeting held in each town on the second Tuesday of March at
22 the place designated by the annual town meeting, and if no
23 designation is so made then at the place designated by the town
24 board. The place designated may be located outside the town
25 within five miles of one boundary of the town. In the event of
26 inclement weather the meeting shall be held on another March day
27 designated by the board. The clerk shall give ten days'
28 published notice specifying time and place in a qualified
29 newspaper having general circulation within the town, or by
30 posted notice, as the town board shall direct unless the voters
31 at the annual town meeting direct otherwise. Except as provided
32 in subdivision 2, all town officers required by law to be
33 elected shall be chosen thereat; and other business done -as -le
34 by -law required or permitted by law must be done at the annual
35 meeting. The town board may, with respect to an election by
36 ballot at the annual town meeting for the purpose of selecting
41
4/1/87 (REVISOR XX /MC 87 -2675
Y
1 taking the oath of office.
2 Sec. 24. Minnesota Statutes 1986, section 375A.02,
3 subdivision 1, is amended to read:
4 Subdivision 1. (COUNTY EXECUTIVE.] In a county adopting
5 the elected executive plan, the chief executive officer shall be
6 known as county executive. The first county executive shall be
7 elected at the cotntp- general reqular election following the
8 adoption of the elected executive plan and every four years
9 thereafter. The county executive shall hold office for a term
10 of four years commencing on the first Monday of January
11 following election. Only a voter of a county shall be eligible
12 for election as county executive. The county executive shall be
13 nominated and elected by all the voters of the county in the
14 manner provided by law for the election of county officers. In
15 case the office of county executive is or becomes vacant by
16 reason of death, resignation or removal, it shall be filled by
17 the board of county commissioners for the unexpired term.
18 Sec. 25. Minnesota Statutes 1986, section 375A.09,
19 subdivision 4, is amended to read:
20 Subd. 4. (DISTRICTS; NOMINATION.] The county shall be
21 divided into the number of districts from which commissioners
22 are nominated and elected and the population of the county shall
23 be apportioned to the several districts so that each
24 commissioner represents the same number of persons as nearly as
25 may be possible. When the number of commissioners has been
26 changed, the county board shall proceed to redistrict the county
27 accordingly and it shall follow as nearly as possible the times
28 and procedures specified in section 375.025, including
29 determining the two year and four year terms first assigned to
30 districts in order to provide as nearly as possible for an equal
31 number of overlapping four year terms in the future. The
32 resolution redistricting the county shall be adopted not less
33 than 30 days before the first day candidates may file for the
34 office of county commissioner. Commissioners to be elected
35 pursuant to the modification of the county board shall be
36 elected at the general reqular election following the adoption
44
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Y
1 of the county board who shall be elected for two -year terms and
2 for four -year terms to provide staggered terms on the county
3 board. Thereafter, all commissioners shall be elected for four
4 years. When a county is redistricted, there shall be a new
5 election of commissioners in all the districts at the
6 next general regular election except that if the change made in
7 the boundaries of a district is less than ten percent of the
8 average of all districts of the county, the commissioner in
9 office at the time of the redistricting shall serve for the full
10 period for which elected.
11 Sec. 22. Minnesota Statutes 1986, section 375.03, is
12 amended to read:
13 375.03 [TERM OF COMMISSIONERS.]
14 In each new county, and in each county that has an increase
15 of the number of commissioners, a commissioner shall be
16 elected at the next reqular election from each odd- numbered
17 district for a term of two years, and from each even numbered
18 district for a term of four years. Thereafter all commissioners
19 shall be elected for a term of four years, except that elections
20 to fill vacancies shall be for the unexpired term only. In
21 counties having a population of more than 150,000, every
22 commissioner, before beginning duties, shall give bond to the
23 state in the sum of $10,000, with a legally authorized surety
24 company as surety, conditioned for the faithful performance of
25 official duties. The bond shall be approved by a judge of the
26 district court, and together with the oath of office and
27 certificate of election, be filed with the county recorder. The
28 premium on the bond shall not exceed that prescribed by law for
29 county treasurers, and shall be paid by the county.
30 Sec. 23. Minnesota Statutes 1986, section 375.101,
31 subdivision 2, is amended to read:
Il i
32 Subd. 2. If the vacancy occurs less than 60 days before
33 the general regular election preceding. the end of the term, the
34 vacancy shall be filled by the person elected at that election
35 for the ensuing term who shall take office immediately after
36 receiving the certificate of election, the bond and
43
4/1/87 (REVISOR XX /MC 87 -2675
1 board members must be as provided in article 2, section 18.
2 Sec. 28. Minnesota Statutes 1986, section 397.07, is
3 amended to read:
4 397.07 (ANNUAL MEETINGS OF BOARDS.]
5 The annual meetings of the hospital board shall be in April
6 January of each year, at which time the members shall elect from
7 among themselves a chair and a clerk for a term of one year.
8 Sec. 29. Minnesota Statutes 1986, section 398.04, is
9 amended to read:
10 398.04 (ELECTION OF COMMISSIONERS.]
11 Except in the case of the first boards and when vacancies
12 occur before the expiration of a term, park district
13 commissioners shall be elected without party designation at the
14 same time and in the same manner as county commissioners. In
15 single county park districts the three commissioners at large
16 shall be elected by all the qualified voters in the park
17 district while the successors in office to the four
18 commissioners representing the four election districts, whether
19 appointed, candidates for election or elected, must reside when
20 appointed or elected and while serving, in the election district
21 which they represent and shall be elected by the qualified
22 voters residing in such district. Park district commissioners
23 shall be elected for terms of four years or until their
24 respective successors are elected and qualify, except where a
25 commissioner is being elected to finish out an unexpired term
26 when election shall be for the balance of such term. Vacancies
27 resulting from the death, resignation or removal of a
28 commissioner shall be filled by appointment by the board of
29 county commissioners, such appointment to be effective only
30 until the first Monday in January following the next general
31 reqular election or until a successor has been elected and
-32 qualifies for office. The four commissioners representing the
33 election districts shall be elected at the first primary
34 and general reqular elections after the activation of the
35 district and each four years thereafter and the commissioners
36 elected at large shall be elected at the second primary and
46
4/1/87 [REVISOR XX /MC 87 -2675
1 of the modification.
2 Sec. 26. Minnesota Statutes 1986, section 382.01, is
3 amended to read:
4 382.01 [OFFICERS ELECTED; TERMS.]
5 �n- ederp- eetsntp -in -this- state there sha�� be e�eeted at the
6 genera eleetien -in- 1916 The reqular election of the county
7 auditor, a county treasurer, sheriff, county recorder, county
8 attorney, and coroner must be held on the local covernment
9 election day designated by article 1, section 2.
10 The terms of office of these officers shall be four years
11 and shall begin on the first Monday in January next succeeding
12 their election. They shall hold office until their successors
13 are elected and qualified. These- effiees- shall- be fziied by
14 eieetien- every fear- pears- thereafter
15 Sec. 27. Minnesota Statutes 1986, section 397.06, is
16 amended to read:
17 397.06 [DISTRICT HOSPITAL BOARDS.]
18 The board or boards of county commissioners may also
19 authorize and direct the construction and equipment of a
20 district hospital in any such district, to be constructed,
21 equipped and operated under the supervision of a district
22 hospital board comprising one member from each city and town in
23 the district elected by the voters at the reepeetzve- regeiar
24 ieeai- eieetsens- thereof election held on the local government
25 election day designated by article 1, section 2, for a term of
26 three four years or until a successor has been elected and has
27 qualified, commencing on the first day -ef -April Monday in
28 January next following the election. When the district is first
29 created, the governing body of each such city and town shall
30 appoint a member of the board to serve until the commencement of
31 the term of a successor. Thereafter whenever a vacancy occurs,
32 the governing body of the city or town affected shall appoint a
33 member to serve until April -1 the first Monday in January
34 following the next local qovernment
35 election dam, when a successor shall be elected for a
36_ full three -pear four -year term. Procedures for election of
45
4/1/87 (REVISOR XX /MC 87 -2675
1 two- years remain -in- the unexpired- term; a speeia� e�eetien sha
2 be- held -at =the- next regular- city- e�eetion and the appointed
3 person- sha��- serge until- the qua }ifieatien ef a successor
4 e�eeted at a speeia� e�eetien to fi�� the unexpired portion ef
5 the- terM -�f- the- eaeaney- occurs- on er after the first dap te
6 fide- affidavits- ef- eandidaep -for- the- regu�er city a }eetien er
7 when -less -than- tae years remain -in- the unexpired term; there
8 shall- be- ne- spee=ai- a }ectien -fill the vacancy and the
9 appointed- person shall- serve until- the qua }ifieatien ef a
10 successor elected -at -a- regular- eity- eieetien orecedinq the end
11 of the term, the vacancy must be filled by the person elected at
12 that election for the ensuing term. The person elected shall
I
13 take office immediatelv after receiving the certificate of
14 election, filing the bond, and takinq the oath of office.
15 Sec. 33. Minnesota Statutes 1986, section 412.021,
16 subdivision 2, is amended to read:
17 Subd. 2. [OFFICERS TO BE ELECTED.) There shall be elected
18 at the election a mayor for a term expiring the first business
19 day-of Monday in January of the next edd- numbered even numbered
20 year and four council members, for terms so arranged that two
21 expire the first business- dap -ef Monday in January of the next
22 add-numbered even numbered year and two the first business -dap
23 of Monday in January of the second add-numbered even numbered
24 year. No candidate for council member shall run for a
25 particular term but the number of years in the term of each
26 successful candidate shall be determined by the relative
27 standing among the candidates for office, the longest terms
28 going to the two candidates receiving the highest number of
29 votes. If the election occurs in the last four months of
n hall be held
v b r year, 30 the a en numbered odd -numbered a ed no election Y
31 in the city on the annual city election day that year, and the
32 next following year shall be disregarded in fixing the
33 expiration of terms of officers chosen under this subdivision at
34 the initial election.
35 Sec. 34. Minnesota Statutes 1986, section 412.571,
36 subdivision 5, is amended to read:
48
4/1/87 [REVISOR XX /MC 87 -2675
1 general reqular election after such activation and each four
2 years thereafter. The terms of elected commissioners shall
3 commence on the first Monday in January following their election.
4 'Sec. 30. Minnesota Statutes 1986, section 410.21, is
5 amended to read:
6 410.21 [APPLICATION OF GENERAL ELECTION LAWS.]
7 Except as otherwise provided in article 1, section 2, and
8 article 5, section 1, the provisions of any charter of any such
9 city adopted pursuant to this chapter shall be valid and shall
10 control as to nominations, primary elections, and elections for
11 municipal offices, notwithstanding that such charter provisions
12 may be inconsistent with any general law relating thereto, and
13 such general laws shall apply only in so far as consistent with
14 such charter.
15 Sec. 31. Minnesota Statutes 1986, section 412.02,
16 subdivision 2, is amended to read:
17 Subd. 2. Terms of elective officers shall commence on the
18 first business -dap Monday of January following the election at
19 which the officer is chosen. All officers chosen and qualified
20 as such shall hold office until their successors qualify.
21 Sec. 32. Minnesota Statutes 1986, section 412.02,
22 subdivision 2a, is amended to read:
23 Subd. 2a. A vacancy in an office shall be filled by.
24 at a special election is- he +d -as
25 prori8ed- zn- this- aabe3snsaton -fin- ease of a tse bete zn tke
26 not less than 30
27 nor more than 60 days after the vacancv occurs. The special
28 orimary or special election may be held on the same day as a
29 reqular primary or reqular election but the special election
30 must be held at least 14 days after the special primary. The
31 person elected at the special election shall take office
32 immediately after receipt of the certificate of election and
33 upon filing the bond and takinq the oath of office and shall
34 serve the remainder of the unexpired term. If the vacancy
35 occurs less than 60 days before the first- e3ay -to- fide- afs8anzta
36 of- eaadidacy -for the next regular city election and -mere -than
47
4/1/87 [REVISOR XX /MC 87 -2675
ti
1 governing body shall by resolution appoint a member to the
2 board, to hold office until Beeember -3l the first Mondav in
3 January following the next regular hospital district election,
4 at which election a successor shall be elected for a term of
5 either two or four years, to be designated by the hospital board
6 in such manner as to assure that the number of members of the
7 board whose terms expire in any subsequent year will not exceed
8 one -half of the members plus one.
9 Sec. 36. Minnesota Statutes 1986, section 447.32,
10 subdivision 2, is amended to read:
11 Subd. 2. The regular elections election of hospital board
12 members shall be held in each hospital district at- the same -time
13 and- in -tke- name election precincts- and at tke :ante po }ling
14 places -as- general elections -of- state sad eersnty officers; except
15 that the hospital beard pray by- resoltitien fix a date; net later
16 than- Becember- �F- inmtediately- preceding- the expiration of beard
17 ntembersl- termz and -pray- establish the ahele district as a single
18 electiem preesnet er may establish tae or mere different
19 election precincts- and -pe }ling places- for slick elections; in
20 ahieh- event- the- beendaries -ef- the election precincts and the
21 leeations ef tke polling places shall be defined in the notice
22 ef election; either full er by reference te description or
23 ntap -on- file- in -tke- office- of- tke- elerle on the local qovernment
24 election day desiqnated in article 1, section 2. Procedures for
25 election of board members must be as provided in article 2,
26 section 18. Special elections may be called by the hospital
27 board at any time to vote on any matter required by law to be
28 submitted to the electors;- and -sech- elections shall be held
29 within- the election- precinct- er- preeincts and at the polling
30 place -or- places- designated -by- the beard- or; in the ease of the
31 first election -of- officers -of -a- new district; by the governing
32 body of -the- moat -pops :Ions city -or- teen inclt:ded in the
33 distriet. The procedure for a special election must be the same
34 as for the reqular election except that the hospital board shall
35 pav all expenses of a special election. Advisory ballots may be
36 submitted by the hospital board on any question which it may
50
4/1/87 [REVISOR XX /MC 87 -2675
1 Subd. 5. [ABANDONMENT; INCUMBENT CLERK AND TREASURER
2 TRANSITION.] When any optional plan is abandoned and the
3 standard form of city government is resumed, the office of
4 clerk, or clerk treasurer shall remain appointive until the
5 first betaineaa- dap -ef Monday in January following the next
6 regular city election and the office of treasurer, if there is
7 no clerk- treasurer, shall remain appointive until the
8 first business- dap -of Monday in January following the first
9 subsequent city election at which the clerk is not elected; and
10 the successor to the incumbent clerk, clerk- treasurer, and
11 treasurer shall be chosen at the regular city election
12 immediately preceding the January in which the office becomes
13 elective.
14 Sec. 35. Minnesota Statutes 1986, section 447.32,
15 subdivision 1, is amended to read:
16 Subdivision 1. Each hospital district shall be governed by
17 a hospital board composed of one member elected from each city
18 and town comprising said district and one member elected at
19 large. The term of office of each member of the hospital board
20 shall be four years and until a successor qualifies, except that
21 at the first election members shall be elected for terms to be
22 designated by the governing body calling the election, in such
23 manner that one -half of the terms as nearly as may be, shall
24 expire on Beeember -3I the first Monday in January of the then
25 next following even numbered year and the remaining terms will
26 expire two years from said date; and thereafter, prior to the
27 expiration of the term of each member, a new member shall be
28 elected for a term of four years from said expiration date.
29 Upon the death, resignation, or removal of any member from the
30 hospital district, or upon the member's failure to qualify, a
31 successor may be appointed by a majority of the remaining
32 members of the board, to hold office until Beeember -31 the first
33 Monday in January following the next regular hospital district
34 election, at which election a successor shall be elected to fill
35 the unexpired term. Upon annexation of any additional city or
36 town to the district, in accordance with section 447.36, its
s
3 49
4/1/87 (REVISOR XX /MC 87 -2675
4
1 to hold office until a successor is elected and qualified. The
2 successor shall be elected for a six -year term at the
3 next general reqular election occurring more than one year after
4 such appointment.
5 (c)•At the general reqular election immediately preceding
6 the expiration of an elected or appointed judge's term, the
7 qualified voters of the county of Hennepin shall elect a
8 successor.
9 (d) Each judge holds a separate nonpartisan office.
10 (e) When one or more judges of the court are to be
11 nominated or elected at an election, the notice of election
12 shall state the name of each judge whose successor is to be
13 nominated or elected. The official ballot shall contain the
14 names of all candidates for each such office, state the number
15 of judges to be elected and the number of candidates for whom an
16 elector may vote, and designate each candidacy as "For the
17 office of Judge of the Municipal Court of the county of Hennepin
18 to which ......(name of judge) was elected for the regular
19 term or: "For the office of Judge of the Municipal Court of
20 the county of Hennepin to which .......(name of judge) was
21 appointed," as the case may be. The official ballots shall show
22 in the spaces for the purpose the name of the judge whose
23 successor is to be elected. When any judge is a candidate
24 again, the word "incumbent" shall be printed after the judge's
25 name where it appears among the names of the candidates for the
26 office. When voting machines are used and such statements
27 cannot be inserted in full, the designation shall be "Successor
28 to ......(name of judge) (elected) or "Successor to
29 ......(name of judge) (appointed) as the case may be.
30 (f) Each person desiring to have the person's name placed
31 upon the primary ballot as a candidate for judge shall state in
32 an affidavit of candidacy the office of the particular judge for
33 which the person is a candidate. The filing of this affidavit
34 with the county auditor and a compliance with all other
35 requirements constitutes such person a candidate for that
36 office, and for that office only. No person shall'at any
52
4/1/87 (REVISOR XX /MC 87 -2675
1 desire, relating to the affairs of the district, but only at a
2 regular election or at a special election required to be held
3 for another purpose.
4 Sec. 37. Minnesota Statutes 1986, section 487.03,
5 subdivision 2, is amended to read:
6 Subd. 2. (ELECTION.] Each judge shall be elected at the
7 genera+ regular election for a term of six years, beginning on
8 the first Monday of the January next following the judge's
9 election and until a successor qualifies. No individual shall
10 be a candidate for more than one county court judgeship at any
11 election.
12 In any election following reduction of the number of county
13 court judges pursuant to section 487.01, subdivision 7 the
14 requirement contained in section 204B.06, subdivision 6, that a
15 candidate for office of judge state the office for which the
16 person is a candidate shall not apply. In such a situation all
17 parties filing for office of judge shall run against each other
18 for the remaining seats. However, each candidate who otherwise
19 would have qualified to have the word "incumbent" printed after
20 the candidate's name on the ballot pursuant to section 204B.36,
21 subdivision 5, shall retain this right.
22 Sec. 38. Minnesota Statutes 1986, section 487.03,
23 subdivision 5, is amended to read:
24 Subd. 5. (VACANCY.] Whenever there is a vacancy in the
25 office of judge, the governor shall appoint a qualified person
26 to fill the vacancy, to hold office until a successor is elected
27 and qualified. The successor shall be elected for a six year
28 term at the next genera+ reqular election occurring more than
29 one year after such appointment.
30 Sec. 39. Minnesota Statutes 1986, section 488A.021,
31 subdivision 3, is amended to read:
32 Subd. 3. (TERM; VACANCIES; APPOINTMENTS AND ELECTION.] (a)
33 Each elected judge holds office for six years beginning the
34 first Monday in January next succeeding the judge's election.
35 (b) Whenever there is a vacancy in the office of judge, the
36 governor shall appoint a qualified person to fill the vacancy,
51
4/1/87 (REVISOR XX /MC 87 -2675
1 case may be.
2 (f) Each person desiring to have the person's name placed
3 upon the primary ballot as a candidate for judge shall state in
4 an affidavit of candidacy the office of the particular judge for
5 which the person is a candidate. The filing of this affidavit
6 with the county auditor and a compliance with all other
7 requirements constitutes such person a candidate for that
8 office, and for that office only. No person shall at any
9 election be a candidate for more than one such office.
10 ARTICLE 5
11 OTHER PROVISIONS
12 Section 1. (205.012] [LOCAL GOVERNMENT ELECTION DAY;
13 IMPLEMENTATION.]
14 Subdivision 1. (REGULAR ELECTION PROHIBITED ON OTHER DAYS;
15 FIRST LOCAL GOVERNMENT ELECTION DAY.] No regular election of anv
16 of the officers described in article 1, section 2, subdivision
17 2, may be held after Auqust 1, 1993, unless it is held on the
18 local government election day and in accordance with the
19 provisions of this act. The first local qovernment election day
20 must be November 6, 1993. The first orimary to select
21 candidates for the offices to be filled on the local government
22 election day must be Seotember 25, 1993.
23 Subd. 2. (TERMS EXTENDED.] (a) The terms of all county
24 officers that would otherwise expire on the first Mondav of
25 January in 1993 and 1995 are extended until the first Monday of
26 January in 1994 and 1996 respectively, effective July 1, 1993.
27 (b) The terms of all elective statutory city officers that
28 would otherwise expire on the first business day of January in
29 1994, expire instead on the first Monday of January in 1994.
30 The terms of statutory city officers that would otherwise expire
31 on the first business day of January in 1993, expire instead on
32 the first Monday of January in 1994.
33 (c) The terms of all independent school district board
34 members which would otherwise expire on July 1, 1993, expire
35 instead on the first Monday of January of 1994; terms of members
36 which otherwise expire July 1, 1994, expire instead on the first
54
4/1/87 [REVISOR J XX /MC 87 -2675 f
1 election be a candidate for more than one such office.
2 Sec. 40. Minnesota Statutes 1986, section 488A.19,
3 subdivision 3, is amended to read:
4 Subd. 3. [TERM; VACANCIES; APPOINTMENTS AND ELECTION.] (a)
5 Each elected judge holds office for six years beginning the
6 first Monday in January next succeeding the judge's election.
7 (b) Whenever there is a vacancy in the office of judge the
8 governor shall appoint a qualified person to fill the vacancy,
9 to hold office until a successor is elected and qualified. The
10 successor shall be elected for a six -year term at the
11 next general regular election occurring more than one year after
12 such appointment.
13 (c) At the general regular election immediately preceding
14 the expiration of an elected judge's term the qualified voters
15 of the county of Ramsey shall elect a successor.
16 (d) Each judge holds a separate nonpartisan office.
17 (e) When one or more judges of the court are to be
18 nominated or elected at an election, the notice of election
19 shall state the name of each judge whose successor is to be
20 nominated or elected. The official ballot shall contain the
21 names of all candidates for each such office, state the number
22 of judges to be elected and the number of candidates for whom an
23 elector may vote, and designate each candidacy as "For the
24 office of Judge of the Municipal Court of the county of Ramsey
25 to which .......(Name of Judge) was elected for the
26 regular term," or "For the office of Judge of the Municipal
27 Court of the county of Ramsey to which .......(Name of
28 Judge) was appointed," as the case may be. The official
29 ballots shall show in the spaces for the purpose the name of the
30 judge whose successor is to be elected. When any judge is a
31 candidate again, the word "incumbent" shall be printed after the
32 judge's name where it appears among the names of the candidates
33 for the office. When voting machines are used and such
34 statements cannot be inserted in full, the designation shall be
35 "Successor to .......(Name of Judge) (elected)," or
36 "Successor to .......(Name of Judge) (appointed)," as the
53
4/1/87 [REVISOR XX /MC 87 -2675
"r
1 clause (1), effective August 1, 1993. Every term of an odd
2 number of years to which any officer of one of those political
3 subdivision may otherwise be elected, which term is not changed
4 under paragraphs (a) to (d), is chanqed to a term of an even
5 number of years one year longer than would otherwise be provided.
6 (f) The term of a judge recruired to be elected on the local
7 government election day is extended under paragraph (d), clause
8 (1), effective July 1, 1993.
9 Subd. 3. (MODIFICATIONS PERMITTED FOR STAGGERED
10 TERMS.] The governinq body of a political subdivision required
11 to hold its recular election on the local government election
12 day except a county may provide, by ordinance or resolution
13 adopted at least 14 days before the ooeninq of filings for any
14 affected office, that members of an elected body or other
15 officers of the subdivision may be elected for a different term
16 than is otherwise provided, in order to achieve staggered terms
17 for the members of that body or other officers. With respect to
18 the members of an elected body, an ordinance or resolution
19 adopted under this subdivision must require that, to the extent
20 mathematically possible, the same number of persons is chosen at
21 each election, exclusive of those chosen to fill vacancies for
22 the unexpired terms. This subdivision expires August 1, 1995.
23 Subd. 4. (PURPOSE.] It is the purpose and intent of this
24 section to implement the provisions of article 1, section 2, by
25 requiring the adjustment of terms, postponement of certain
26 elections and other procedures. To the extent inconsistent
27 with this intent, all general and special laws and municipal
28 charter provisions orovidinq otherwise are superseded. In all
29 other respects, those laws and charter provisions continue in
30 full force and effect.
31 Sec. 2. [REVISOR'S INSTRUCTION.]
32 The revisor of statutes shall examine Minnesota Statutes to
33 determine whether anv coded sections of law have been superseded
34 by this act and prepare appropriate amendments of coded sections
35 in revisor's bills submitted in 1993 and thereafter.
36 Sec. 3. [APPROPRIATION.]
56
i
4/1/87 [REVISOR J XX /MC 87 -2675 r`
N
1 Monday of January in 1994; and the terms of members which
2 otherwise would exoire July 1, 1995, expire instead on the first
3 Monday of January in 1996.
4 (d) The qoverninq bodv of a home rule charter city by
5 ordinance adopted before December 1, 1992, may extend or reduce
6 the term of a elective citv officer whose term ends on a
7 different date to the first Mondav of January of an
8 even numbered Year. The governina body shall, in that
9 ordinance, desiqnate a new term of an even number of years for
10 an officer who would otherwise be elected to a term of an odd
11 number of years and may designate a new term of four Years for
12 an officer who would otherwise be elected for a term of two
13 years.
14 For a home rule charter city that does not adopt an
15 ordinance as orovided in this subdivision before December 1,
16 1992, the terms of elective citv officers must be extended or
17 shortened automatically, effective December 1, 1992, as follows:
18 (1) the term of an officer which ends on a date other than
19 the first Monday in January of an even numbered year must be
20 extended to the first Monday in January of the even numbered
21 year first following the date the term would otherwise expire
22 unless this extension would be more than 13 months. If the
23 extension would be more than 13 months, the term must be
24 shortened to the first Monday in January of the even- numbered
25 year first preceding the date the term would otherwise expire;
26 and
27 (2) every term of an odd number of years to which anv
28 officer would otherwise be elected must be chanqed to a term of
29 an even number of vears, one Year longer than the term otherwise
30 orovided.
31 (e) The term of an elective officer of a political
32 subdivision required to hold the regular election of its
33 officers on the local government election day which term is not
34 extended or reduced under paragraphs (a) to (d), and which ends
35 on a date different from the first Monday in January of an
36 even- numbered year, is extended or reduced under oaragraph (d),
SS
I 4/1/87 [REVISOR XX /MC 87 -2675
1 5.......... is appropriated from the general fund to the
2 secretary of state to carry out the duties prescribed by article
3 2, section 18. This appropriation shall not lapse but shall be
4 available for expenditure until June 30, 1993.
5 Sec..4. [REPEALER.]
6 Minnesota Statutes 1986, sections 123.015; 123.11,
7 subdivisions 2, 3, 4, 5, and 6; 123.32, subdivisions 1, 2, 3, 4,
8 5, 6, 7, 8, 11, 22, 24, 25, 26, and 27; 200.015; 201.095;
9 204D.28, subdivision 5; 205.02; 205.065; 205.07; 205.175;
10 205.18; 205.20; 206.76; and 447.32, subdivisions 3 and 4, are
11 repealed.
12 Sec. 5. [EFFECTIVE DATE.]
13 Article 2, section 18; article 3, sections 2, 3, 4, 8, and
14 9; article 4, section 9; and article 5, sections 2 and 3, are
15 effective the day following final enactment: All other sections
16 of this act are effective Auqust 1, 1993.
57
citizeat fo /000 b
men ific.
NEWSLETTER MAY .1987 �r� n t
Brooklyn Center, Minnesota
CHARTER COMMISSION MEETING OF APRIL 9TH
Commissioners Kuefler and Christensen provided the leadership in a
discussion on revising the Commissions' Rules of Procedure., They
urged the Commission to hold itself accountab to conduct public
hearings and actua solicit input and deb_at_e from citizens_ a_nd
organizations when Charter Amendments are being proposed.
Commissioner Lescault commented that he thought it was a dumb idea
R rd that he didn't want tre have to sit a nd litaten to a b unr!h of idiot
coming in and sharing their views. Commissioner Hintzman once again
pointed out that in her opinion the Charter_ Commission is not account-
able to the citizens of Brooklyn Center, but rather only to the
District Judge who appoints the Charter Commission members. Chairman
Hueng however, was Very fair in dealing with the matters before the
commission and very cooperative with Christensen ensen and Kuefler in their
quest to Open Up the Charter Commission process. A committee, which
includes Commissioner Kuefler, was appointed to review the Rules of
Procedure and come prepared to the fall meeting with specific
recommendations for change.
CBG President Ph Cohen_ appeared before the Commission and addressed
the possibility of a Citizen Initiative and Referendum to reverse the
1986 Charter Election. President Cohen also brought up the bill that
Senator Bill Luther recently introduced at the Legislature. The bill
would require that all local city elections be held in odd numbered
years'. This certainly got the attention of several active DFL
Commissioners, such as Commissioner Lescault who commented to Cohen,
why would Senator Luther do this after he had urged 'us to propose
the recently passed Chart_er Amendment. It would appear that Senator
"Luther then got an urgent call from the concerned Commissioners, because
he promptly sent letters to all Commission members stating that he had
amended the bill to permit all local government e t o be held in
either odd or even numbered years provided they are held on the first
Tuesday after the first Monday in November. Sure makes one wonder what
the real purpose of last fall's Charter Amendment _was. Gets more
confusing all the time. doesn't it?
The issue of Ward G overnment, which was brought up at the February
meeting, did not come up for discussion at this meeting.
THE BROOKLYN CENTER POST did not have a Reporter at this meeting.
The next scheduled Charter Commission meeting is, September 30th at
7:00 pm.
Winners o get1ter
GREAT PLANNING SESSION SETS PRIORITIES FOR OUR CITY
On Saturday, May 2nd the City hosted a Planning Session for Council-
members, Staff, Commission Chairpersons, School Boards, etc;. The
principle focus was on identifying the priority issues that our City
needs to address in order to assure that our communities' quality of
life remains high. Osseo School Board Chairman Ron Christensen,
Housing Commission Chairman Phil Cohen, and Central Neighborhood
Advisory Chairman Tony Kuefler were all participants in this session.
Once again, no Reporter from the BROOKLYN CENTER POST was in
attendance.
CBG CALENDAR OF EVENTS
Board Member Margaret Sandberg and her CBG Events /Socials Committee has
been busy planning our schedule for the year and are pleased to announce
the following tentative schedule of events.
May 14 Backyard party at Bob Dawn Kiefer's
June 19 Pot -luck Dinner Meeting
July 18 Pool Party at Jim Margaret Sandberg's
August CBG Day at Canterbury Downs
Sept. 19 Dinner Meeting
Oct. 10 Sing -along &Weiner Roast on the Banks of the Mississippi
Nov. 21 Fall Dinner Meeting
Dec. 12 Christmas Brunch for CEAP
Jan. 30 Election of Officers Dinner Meeting
Please give Margaret a call on 566 -1581, if you can lend a hand on any
of these events. Lets have some fun while we help guide our community.
This newsletter has been prepared and paid for by the Citizens for Better
Government
Phil Cohen, President
Ron Christensen, Vice President
Tony Kuefler, Executive Secretary
Dawn Kiefer, Corresponding Secretary
Margaret Sandberg, Treasurer
Dave Skeels, Past President
The Citizens for Better Government (CBG), formed in 1960, is a local
organization of Independent Republicans, Democrats, and Independents.
Membership is open to all residents of Brooklyn Center who share the
groups$ primary focus a dedication to dealing with issues concerning
Brooklyn Center municipal government in a non- partisan manner.
2
M C No. 87 -2
January 26, 1987
FROM THE OFFICE OF THE CITY MANAGER
SUBJECT: Mayor and Council Terms Extensions under
1986 Charter Amendment
To the Honorable Mayor and City Council:
Your staff has had sufficient time to do a thorough analysis of
options for adjusting the terms of office under the 1986 Charter
amendment passed by the citizens of Brooklyn Center calling for
even -year elections. In reviewing the options and possibilities
with our City attorneys, they have narrowed them down to three
basic alternatives:
1. Allow the Charter amendment to self execute. Under
this option the City Council would take no further
action and allow the Charter amendment to self- execute.
The term of office transition is described on the
attached table.
2. The Council could choose a transition of terms system
and adopt it by City ordinance procedure.
3. City Council could choose a transition of terms system,
pass it on to the Charter Commission for its consideration
and the Charter Commission return an approved
transition system to the City Council for passage as a
Charter amendment by ordinance amendment (requires a
unanimous vote for passage).
From my point of view it appears if the Charter amendment can be
self executing, it should be. Our City attorneys have ruled that
any of the above options are acceptable. It is my personal
recommendation that the Council choose to allow the Charter to
self execute the term extensions necessary to bring them in line
with the even -year election Charter amendment.
Attached please find a table which indicates the three alternate
transition of terms systems which the Council had previously
considered. I have added a fourth alternate which is the Charter
amendment with terms self executing. You will note the self
executing alternate is similar to alternates II and III.
Attached also please find a December 30, 1986 memorandum from our
City attorneys. Had your City staff completed a more thorough
M C N0.87 -2 -2- January 26, 1986
review of this matter at the time it was first considered by the
City Council and Charter Commission, much of the recent confusion
could have been eliminated. I apologize for not conducting a
more timely, detailed review of this matter.
Respectfully submitted
p Y
Gerald G. Splinter
City Manager
enc.
TRANSITION ELECTION ALTERNATIVES
ALTERNATE I
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998
Mavor I X ;4 0 I I O 1 1 1 1 0 I I I I p
Hawes I X O I I I O I I I 1 0 I
Lhotkal X I I I O I I I 1 0
Scott I I I X 0 I I 1 0 t I I 1 0
Theis I X ;4 O I I I O 1 I I I O
ALTERNATE II
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998
Mayor I X O 1 I 1 1 0 1 1 I 1 0
Hawes I X :4 O I I I l 0 I
Lhotkal I X I t I 1 0 1 I I 1 0 I
Scott I I I X I I i 0
Theis I X O I I I I O I I 1 1 0
ALTERNATE III
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998
Mayor I. X O I 1 I 1 0 I I 1 I O I I
Hawes I X O I I I I O
Lhotka l I X O I I j 1 0 I I I 1 0
Scott I I I X O I I I j p
Theis I X I i 1 0 O
1986 CHARTER AMENDMENT WITH TERMS SELF EXECUTING
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998
Mayor I X 1 0 1 I I 1 0 i I I I O
Hawes I X 3 0 I I I 1 0 I 1 I l 0 I I
Lhotkal I X O I I I l 0 I I I l 0
Scott I I I X O I I 1 j 0
Theis I x O I I I l 0 I 1 I 1 0 j I
i
X indicates term expiration under existing Charter provision
O indicates term expiration under proposed Charter amendment
indicates extension of current term
Q indicates a transitional two year term
TO: BROOKLYN CENTER CITY MANAGER, MAYOR AND CITY COUNCIL
FROM: FROM THE OFFICE OF LEFEVERE, LEFLER, KENNEDY, O'BRIEN DRAWZ
DATE: DECEMBER 30, 1986
RE: IMPLEMENTATION OF THE 1986 CHARTER AMENDMENT
The Charter Change. On November 4, 1986, the voters of
Brooklyn Center approved a charter amendment requiring the
regular- municipal election. to*occur in November of even numbered
years and requiring the term of the Mayor to be extended from two
years to four years' and the term of council members to be
extended from three years to four years. The charter amendment
contained no details describing the method of implementing these
charter changes.
The Charter Should Be Self Executing. Before discussing the
implementation, it is important to note that a charter is a
fundamental document establishing the form of government of a
city. A charter is a process by which local governments "can
formulate and amend their own form of government. The charter is
to city government what the Minnesota Constitution is to state
government. It is the policy of both the Minnesota Constitution
and the Minnesota State Legislature that charter cities be self
governing to a very great extent. Several principles result from
the charter city's special status:
1. The legislature does not control the content of
charters or the details of their implementation;
2. The charter itself normally contains implementing
language;
3 We look first to the charter itself for direction in
implementing the charter or its amendments.
Scope Of This Memo. There are three different ways to
implement the charter amendment:
1• A second charter amendment prepared by the Charter
Commission and approved by the unanimous vote of the
City Council by ordinance.
2. An ordinance adopted by majority vote of the City
Council pursuant to Section 12.12 of the City Charter.
3. -No action necessary; the charter and its amendment are
effective and self executing.
Each of =these three methods is a reasonable legal
interpretation of the charter and existing law. Methods 2 and 3
carry some risk of challenge. It is my opinion that any of the
three methods would survive a challenge.
IMPLEMENTATION BY CHARTER AMENDMENT
Implementation By Charter Is The Bulletproof Method. Based
upon the three basic principles outlined in the previous section,
we have recommended that a charter amendment adopted by ordinance
be used to implement the details of the transition to the new
charter provisions. (We have assumed, for purposes of this
section
that:: the charter _amendment is -not .._self executing)
Although it is cumbersome, it is legally foolproof, and not
subject to any kind of rational challenge. It is, of course, the
most conservative viewpoint; it takes time and the cooperation of
the Charter Commission; but it gets the job done with no risk.
There is no risk because the charter controls the entire
procedure.
2
IMPLEMENTATION OF THE CHARTER PROVISIONS BY ORDINANCE
A Second Alternative; Implementation By Ordinance. As we
have indicated, the charter amendment contained no details
describing-..the method of implementing -the charter changes
However, looking to the body of the charter itself, the very last
paragraph contains the following language.
Section 12.12.. ORDINANCES TO MAKE CHARTER EFFECTIVE
The council shall by ordinance make such regulation's as may
be necessary to carry out and make effective the provisions
of this charter. (Emphasis supplied)
For purposes of this discussion, we again assume that the
charter amendment is not self executing. Under any possible
scenario, one or more of the terms of office of members of the
City Council or the Mayor will end in an 'odd numbered
year and
one or more such terms will need to be extended. Under Section
12.12 of the charter, the council, by ordinance, would extend the
terms of the council member or members which are necessary to
make all of the terms end in an even numbered ear. Thus hus the
City Council
Y cil wou
ld ca
"carry y out and make effective the charter
amendment.
This procedure is subject to challenge. In my opinion, the
challenge would not be successful, based largely on the further
discussion in Section 3 of this memo. However, there is an
argument to be made and it goes like this:
1. There is no Minnesota case specifically stating that a
City Council can extend the terms of office by
ordinance;
2. Cases from other jurisdictions (see McQuillan
§12.114, N.10) state that a city council does not have
3
the authority to alter the terms of office unless
authorized by the charter.
3.. There is no specific authority in the charter for the
extension of .terms of.
office;
4. The making of "regulations" authorized by Section 12.12
of the charter cannot be used to alter a term of office
which is specifically determined in the.charter;
-5. _The making of "regulations" under Section 12.12 refers
to such matters as setting up departments of
administration pursuant to Section 6.03 of the charter,
and similar matters._
While it is unlikely that such argument would ultimately
be successful in the court room, the argument is available to
someone who might disagree with the Council's decision so there
is some risk that a legal challenge would be commenced.
3.
_NO ACTION NECESSARY: THE CHARTER IS SELF EXECUTING
Charter Amendment Took Effect December 4, 1986. The first
legal principal to determine and apply is the rule establishing
the effective date of new charter provisions approved by the
voters. Neither the charter nor the amendment sets an effective
date. We look next to the statute and find that Minn. Stat.
5410.12, Subd. 4 provides that "The amendment shall take effect
in 30 days from the date of the election or at such other time as
is fixed in the amendment." Looking further in the statute we
find that Minn. Stat. §410.11 provides "The charter shall take
effect 30 days after election, or at such other time as is fixed
in the charter. Therefore, the new charter amendments
clearly took effect on December 4, 1986.
Existing Terms Of Office Are Automatically Extended. The
second legal question is: What legal effect does the amended
4
charter have on existing terms of office for the Mayor and
council members? Looking first to the charter and the amendment,
we find that neither contains any language which is of assistance
on this question. The statute, however, in Minn. Stat. §410.11
provides "The charter shall take effect
30 days after
y the
election, or at other time as is fixed in the charter, and
shall then supersede all other charter provisions relating to
such city." (emphasis supplied) While this particular section
of the statute appears to apply to the adoption of a new charter,
it is equally applicable to charter amendments and is obviously
designed, by its language, "supersede all other charter
provisions to be used in cases where an existing charter
provision is being supplanted by new charter provision.
While there are no Minnesota cases deciding this question,
it has come up in several cases in half a dozen other states and
these courts have held that the existing terms of council members
are adjusted by the new charter provisions. McQuillan, Municipal
Corporations, §12.113 and the cases cited at Note 5. There is
support in Minnesota cases for the proposition that exisnq
terms of office may be altered by charter amendments. See
Woodbridge V. City of Duluth, 140 N.W. 182 (1913) and Van Cleve
V. Wallace, 13 N.W.2d 467 (1944). There is also support for this
proposition in the Brooklyn Center Charter itself, at section
12.08 which provides that present officers of the City continue
in office until their successors are chosen and qualify.
In the Woodbridge case a new charter abolished the entire 16
member city council of Duluth and replaced it with a 5 member
5
I
commission but provided for the election of the 5 commissioners
several months after the new charter took effect. The Minnesota
Supreme Court held:
1. That the new charter indeed took effect 30 days after
the election;
2. That the 16 member council would hold over in their
terms until the 5 commissioners had been elected and
qualified for office.
I
am attaching a copy py of the Woodbridqe case for its instructive
discussion of some very basic principles of charter law which are
found on page 183 of that case. Summarized, these principles are
as follows:
1. The legislature favors placing all questions concerning
self government in the hands of the municipalities;
2. On the date the charter amendments become effective,
the old charter provisions become functus officio and
have no further effect;
3. A charter should be construed so that no gap in
governmental functions occurs;
4. Questions involving fundamental governmental forms
-should be decided on practical and broad considerations
rather than technicalities;
5. The charter is an expression of the will of the voters
and, (unless specifically prohibited by the legislature)
the charter itself should be looked to f
expression of the will of the people. °r the
Based on these principles, we conclude that: On December 4,
1986, the present term of Mayor was extended from 2 years to 4
years, therefore ending in 1989; the term of Council Member Hawes
was extended from 3 years to 4 years ending in 1988; the term of
Council Member Lhotka was extended from 3 years to 4 years ending
in 1989; the term of Council Member Scott was extended from 3
6
years to 4 years ending in 1990; and the term of Council Member
Theis was extended from 3 years to 4 years ending in 1988.
Extended Terms Ending In Odd Numbered Years Hold Over Until
The Next Election. The third question is when do we hold an
election for the seats of the Mayor and Council Member Lhotka,
which end in an odd numbered year We have seen that the new
charter provisions took effect on December 4, 1986 and that they
supersede the pre- existing charter provisions. Therefore,
elections must be held in even numbered years. The terms of the
Mayor and one Council Member end in an odd numbered year.
Looking first to the charter, we find language which
suggests that the election for a particular office must occur in
the final year of the term of that office.
Section 3.01. COUNCIL MEETINGS. On the first business day
of January following a regular municipal election,
the
Council shall meet at the usual place and time for the
holding of Council meetings. At this time, the newly
elected members of the Council shall assume their duties.
(Emphasis supplied)
It could be argued that "newly elected" simply means "previously
elected" and the election for a term beginning in 1990 could
occur at the regular election in the fall of l
988.. Such a
procedure, however, would be overly technical, illogical and
impractical, and therefore in violation of the common sense rules
laid out in Woodbridge vs. City of Duluth, supra. It would also
be in violation of the universal election practices of the State
of Minnesota. Finally, it would violate the principle
established through 20 years of existing practice under the
present City charter.
7
:..,y414:.-
Council Members Hold Office Until Successors Are Chosen.
Looking further through the charter document itself, we find at
Section 12.08 the provision which requires that "The present
officers of the City shall continue in their respective offices
and functions until their successors are chosen and ualif n
q y, and
shall continue to govern the City in the usual manner." Thus, it
is_clear that the voters, through the charter, have determined
that terms of office which end in an odd numbered year shall be
extended to include the following even numbered year during which
an election can be held to fill that office for the subsequent
term. This provision is in accord with the Woodbridqe case, with
Van Cleve vs. Wallace, and with dozens of other states that have
considered the question. See McQuillan, Municipal Corporations,
§12.110.
Based upon these considerations, the transition to even year
elections and the lengthening of the terms of the members of the
City Council and the Mayor was complete upon adoption of the
charter amendments by the voters and the passage of 30 days
thereafter. No further action by the City Council would be
required.
We have stated that 'all three of these methods is a
reasonable interpretation of the charter and applicable law.
Method 2 and, to a slightly l
g y greater extent, method 3, carry some
I�
risk that they will be challenged because they are based on
principles of legal interpretation gleaned from the charter, the
statutes, and cases from the Supreme Court while method 1 is
entirely controlled by the charter. However, it is unlikely that
8
i
a challenge to method 2 or 3 would be successful. The risk is
that of nuisance litigation. The City Council is in the best
position to know if any citizen or group of voters is interested
in making such a challenge.
i
9
f
182 l 140 NORTHWESTERN REPORTER (MIaL
owners p necessarily follows. The term brought by him as a taxpayer of Duluth, fo
�I 'Indorse" has a well- defined meaning, and a an injunction restraining the city officers iron
finding of indorsement imports everything (1) issuing $100,000 of water and light bonds
h
necessary ass h legal title from the from extending a certain sewer an
i r9 top the eg 2 g d (3
Indorser to the indorsee. 14 Enc. of Plead. from purchasing an automobile for the fir
and Pr. 520; Snelgrove v. Branch Bank of department.
Mobile, 5 Ala. 295; Pryce v. Jordan, 69 Cal. On December 3, 1912, the city of Dulutt
569, 11 Pac. 185; Higgins v. Bullock, 66 Ill. which theretofore had been operating unde
37; Rubelman v. McNichol, 13 Mo. App. 584; a home rule charter, with a mayor and r
i Brooks v. Edson, 7 Vt. 351; Perkins Doe city council of 16 aldermen, having the usua
Co. v. Bradley, 24 Vt. 66; Myers v. Farm powers, adopted a charter for a commissior
ers' State Bank, 53 Neb. 824, 74 N. W. 252; form of government, whereby its powers were
Downer v. Read, 17 Minn. 493 (Gil. 470). vested in a mayor and four commissioners
[9] 9. The question whether the plaintiff who were to constitute the city council. Un
is an indorsee for value within the law mer- der this charter, however, these officers werz
chant is not important in this case. The de- not to be elected until April 1, 1913, an(
t fense in this case is predicated on a settle- were not to take office until April 14th; i
ment made after the indorsement of the pa- being provided that "until April 14, 1913, a
r s per. Had plaintiff been a mere assignee 12 o'clock noon, and no longer, the officer:
without indorsement its rights could not be holding office at the time this charter take
g3` prejudiced by any acts of defendants done effect shall continue in office." On Januar,
x f after plaintiffs rights had accrued. It Is 6 1913, the new charter having come into op
only where a defense arises before the in- eration, the said council of 16, assuming tc
dorsement that the question whether the act under the same, 13 members being pres
plaintiff is an indorsee for value within the ent and all voting therefor, resolved: (1
law merchant becomes material To issue $100,000 of water and light bonds
F t Judgment affirmed. which had previously been duly authorizes
j under the old charter, and which, by the
terms of their authorization, were require(
to be sold before April 1, 1913; (2) to ex
WOODBRIDGE v. CITY OF DULUTH et al. tend a sewer, the cost thereof to be assesses
(Supreme Court of Minnesota. March 7, 1913.) against the property specially benefited there
by; and on the same date an ordinance wa:
(Syllabus by the Court.) presented for its first reading, providing fo:
MuNicip CORPORATIONS 1490— Coxxls- a purchase of an automobile for the fir
SIO NC CHARTER— ADOPTION POWERS OF OLD department Thereafter the council proceed
Under the provision of the commission ed to take the steps necessary to the accom
charter of the city of Duluth, adopted December plishment of these purposes, whereupon th
8, 1912, and going into effect 30` days there-
plaintiff instituted this action settin g up, b:
after, that the officers of the city, holding office
at the time such charter takes effect, shall con- appropriate allegations, In his complaint tb
tine in office until the commission thereby facts substantially as above stated, togethe
provided for shalt be elected and take office, the with the formal allegations usually incorpc
city council chosen under the former charter
i rated in the complaint in an action for it
and holding over under the new by virtue of
such provision, had the power to order the is. junction. The parties stipulated that a cop
sue of city bonds authorized under the former of the commission charter should be eertifle
charter, and likewise to order the extension of
a sewer, and to provide for the purchase of as up as a part of the record, to be considers
t automobile for the fire department; there being by this court; and we will treat it as thong
Involved in such matters only the ordinary re- it were incorporated in the. complaint. Tb
sponsibilities incident to the administration of material provisions of this charter are, i
i municipal affairs. substance, as follows: The city council sha
r [Ed. Note. —For other cases, see Municipal consist of a mayor and four commissioner:
Corporations, Cent Dig. if 327 -332; Dec. Dig.
149.•] who shall be vested with all the legislatic
Appeal from District Court, SL Louis and executive authority of the city; the
being required to devote their entire tim
County; Homer B. Dibell, Judge. to the city during business hours, and to n
Action by Dwight E. Woodbridge against
1 ceive $4,000 per year for their services. Tt
v
r the City of Duluth and others. From an or-
der sustaining a demurrer to the complaint, mayor shall be a member of the council, an
plaintiff appeals. Affirmed. may vote as such, and is to be the presider
thereof, but is to have no veto. He is mac
Charles E Adams, of Duluth, for appel- the chief executive of the city; but the e-
lant H. A. Carmichael and William P. Har. ecutive and administrative powers of ti
1 j i w rison, both of Duluth, for respondents. city are distributed among the members
the i
PHILIP E. BROWN, J. Appeal by the essary here t r
o detail. The manner of ma.
plaintiff from an order sustaining a general ing local improvements is provided for; tl
demurrer to his complaint, in an action commission being authorized, by a four -fifil
i •For other cases see same topic and section NUMBER in Der– Dig. t Am. Dig, SOY-No. Sales A Rep'r Indsv
i
M,{F.
(Minu, KIM) WOODBRIDGE V. CITY OF DULUTH 183 1
n truction of any side'- went• witness the legislation to that end.
aapayer of Duluth
order the cos o! iL
for t to d out
to e,
ng the city officers from walk or sewer, etc., which it deems necessary Furthermore, it is undesirable a an
water and light bonds; for public convenience or safety, and may accord with judicial dete{ina�rio n� lromoth��
certain sewer and (3) cause the cost thereof to be assessed against earliest times, that forms
uld
automobile for the fire the property specially' benefited thereby. be allowed to exist
ye
Finally it is provided, as noted above; that of government t 1 36
42, the city of Duluth, the officers of the city, holding office at the truce
d been operating under time of the taking effect of the new charter, a charter,. ratified by the electors of a mu
with a mayor and a shall hold office until April 14th, the date of nicipality,' becomes effective "at the end 'of` v
ermen, having the usual the incoming of the commission. thirty days thereafter," and that, by virtue
carter for it commission The old charter, which we have designated of this provision, the home rule charter had
.Thereby its powers were as the home rule charter, was different from become- functus officio on January 6th, when
c
and lour commissioners, the new charter, which we have called the the course of action here complained of was t`
its the city council. Un- commission charter, in many respects, the inaugurated; but it is equally true that on
;ever, these officers were salient points o! difference, here• material, that date there was no council or commis-
;ntil April 1, 1913, and beiug that under the former the city was di- sion or other constituted municipal officers
lice until April 14th; it tided into eight wards, two aldermen being other than those, including the council 01
"until April 14, 1913, at chosen from each ward, and these constitut .16, chosen ender the old charter, and holding K
no ton er the officers ed the city council, o! which the mayor was over under the express provision of the new.
i g the city
over whose enactments It is unthinkable that the people of
time this charter takes not a member, but government from the time
had
should be
without 1:
cif s
in office.' On January he had the Power of veto; the coon f t;
rter having come into op..
no executive powers, and, besides the mayor, when the commission charter took effect to
until of 16, assuming to there were a city clerk, a city treasurer, and the time when, under its provisions, the coun-
13 members being Ares- other officers; and, except in certain instane- cal of five should take charge; and the char
therefor, resolved (1) es not here material, a local improvement, ter in terms undertakes to provide against
f water and light bonds, such as the construction of a sewer, could this very contingency. Moreover, it Is un
n a p etition filed reasonable to assume that officers must be
not be ordered, except upo P it has one
authorized
before g t°
alp been duly su owners elected ender a charter
stain r cent. o the property
D ace per
he y e charter e
rtes, and which, by t irregularity in into effect, especially where the
e o1 an irregu y
No claim m mad y on- 4 '1'
horization were required video otherwise. So we must c t o
any of the proceedings complained of, other pressly pro
April 1, 1913; (2) to ex- a inhere in the differences elude that the people of Duluth realized that
than such as may
ed would have to
assess airs w
:oat thereof to be
between the provisions of the two charters f or a brief period its a
me date an ordinance was noted above; nor is it urged that any stat be conducted by officers more or less differ
Y specially benefited there
me reading, providing for utory provisions have been violated. Broad- ent, both in number and denomination, from
irst .n automobile for the fire ly stated, the plaintiff's sole claim is that the those to be chosen under the new charter, f
eafter the council proceed council of 16 had no power over the matters and to whom the municipal affairs were ulti t
ps necessary to the accom- with which they undertook to deal, and par mately to be committed. And as the Legisla- 7
purposes, whereupon t titularly that:, i! it should be deemed that tore, who undoubtedly have power to regu-
he E
lower was granted to them to administer the late such a situation as the one here present•
this action, setting up, he
lions, c his complaint the ordinary affairs of the city until the incom- ed, have failed to speak thereon, in whom
as above stated, together ing of the commission, the matters in ques- should the power be deemed to be vested to v
me within this category, but provide
all incor o- were di
did not co the method o! conducting the city
he time intervening be•
allegations usu ally P should government during t
which ch o
were matters extraordinary, 1 g
plaint in an action for in r incoming o! the new officers? We
p dealt with by the latter. lore the
C have been left to be question must be:
sties stipulated that a c py This claim does not impress us as force- think the answer to q
L charter should be certified
considered ful. We are of the opinion that the sev- The electors of the municipality, to whom all
he record, to be c eral affirmative acts of the council, which ultimate powers in local affairs have been
d we will treat it o though
d in the.. complaint. The form the basis of the plaintiff's alleged griev- committed, subject only to limitations ex-
.te of this charter are, a ante, involve merely the ordinary responsi- pressly declared, none of which are here ma.
owl: The city rtes a shall bilities incident to the administration of the terial —and the charter Itself must be deemed
or and four commissioners, affairs of the municipality, and which call to be the due expression of the will of these
ted with all the legislative L the city for the exercise of discretion on the part of electors that the administration of all ordt-
,fed it of the city; they the duly constituted and acting authorities, nary affairs of government shall be
.o devote their entire time both as to the necessity of, and time for, committed to the old officers until the goal-
taking action. }ncation o nna5Z,
g business hours, and to re- The question to be determined is thus re- Questions involving government must not
year for their services. The duced to this: Did the old council, proceed be determined along technical lines. Prac-
member of the council, and
h, and is to be the president mg 1n the manner, as regards mode o! pro- tical' and broad considerations should control.
veto. a re made cedure and constitution of the council, as The matter of formal differences between the
o have Is no
ire of the city but the ex- e they would have done under the old charter, administration of the city's affairs under the
ministrative' powers o! the except that there was no petition of the prop two charters is both important, u nd to the people
f er owners for the sewer, have the power to tion presented, dminis-
i a among the members o act in the premises.? It requires no discus- of the city, is how to work out the a
in a certain manner not net- don to demonstrate that in recent years the trat ion of its public affairs during the short
3etail. The manner of mak-
,ements is provided for; the Legislature has favored placing, in the hands period intervening between the passing and the full and complete !n
the
authorized, by a four -fifths of municipalities, all questions, subject to old government
w ceprio s, concerni au ation of the new.
i nin gur
e r
ez n g their self
:is. Key-No. Series Rev'r Indexer
184 140 NORTHWESTERN BEPORTEIr �A
We find no
ground warranting us in de- him not to make fast time. There was
d ev1.
daring that the method adopted was illegal, deuce that at some time during the drive the
c or that the acts complained of were unau. driver was warned not to drive so near the
i•
4 Ehorized.
Commonwealth v. Wyman, 137 Pa. edge of the road. Further than that no one
='508, 21 Alt, 389, supports the views we have of the party, exercised any direction over
expressed to a Very considerable extent him.' They drove to Osceola, Wis. On
er rmed._
d
i_ return trip a car ran over an embankm the
Ord affi
t P th
and overturned, causing piaintIM the injury
complained of The Jury found for plaintut
'MEXERS v TRI -STATE AUTOMOBILE CO. Defendant appeals from an order denying as
=(Supreme Court of Minnesota. March 7, 1913.) alternative motion for Judgment or for a
new trial
(Syl�bai by the Court.) Two questions are raised on this appeal t
t
L MASTER AND SERVANT (f 330•) NEora-
GENCE OF SERVANT EVIDENCE. Defendant contends: (1) There is no ev!-
The driver of an automobile drove over an dence that the driver was negligent. (2) if
embankment on the left side of the road. It he was negligent, defendant 13 not respond.
I{ was broad daylight The road was hard, dry, ble therefor.
and smooth, and wide enough for two vehicles.
There was no obstruction, and no other vehicle [1l L There was ample evidence of the
Q on the road. The car was in good condition. negligence of L the driver. He was traveling
There was evidence that he had at times before at. a moderate rate of speed on a bard
been driving carelessly and too near the edge smooth, dry, road, wide enough
of the road. It was a hot day, and the driver's for two auto-
explanation was that he was taken with a pe mobiles to pass each other. It was broad
J. Mod of dizziness which came on suddenly, and daylight; on a bright, hot day. The car
lasted but a moment Held, that the questio n and its machinery were In good condition.
i of his negligence was for the jury, and that
the evidence was sufficient to sustain their find- The driver permitted the car to roll over an
y ing that he was negligent embankment on the left side of the road,
[Ed. Note. —For other cases, see Master and There way evidence that he had been driving
Servant, Cent Dig, if 1270 -1272; Dec. Dig, I carelessly at times, that he had been can.
"330 .01 tioned before about going near the edge of
2. MASTER AND SERVANT 301•) NEGLZ-
GENCE OF SERVANT INJURY T the road and also about going too fast The
O THIRD PER•
SONS. driver's explanation of the cause of the as
Where a dealer in automobiles and own- cadent !e not very Satisfactory. He said:
t i er of a garage lets a car for hire and furnishes It was a "sort of s
a driver, and the hirer exercises no control or which I don't suppose I would e Period o er real
supervision over the driver, except to direct ever realize
t him where to go, and what route to take sad to find out what it was if Mr. Walker hadn't
to caution him against improper driving, the called my attention to it but I don't remem.
owner is responsible for the negligence of the ber anything outside of the last I remem.
owner damag g e for an injury rec
caused from the Der I was looking ahead at the road, and
i r injury tensed by the from that time on until the accident otter•
driver's negligence.
[Ed. Note. —For other cases see Master and red it was blank to me. I don't know how
Servant, Cent Dig. if 1210 -1116; Dec. Dig. J far. It might have been 30 feet It might>
30L•] have been five feet" He admitted that he
Appeal from District Court, Hennepin had been all right immediately before and
County; Homer B. Dibell, Judge. that he was all right immediately after the
Action by J. Edward Meyers against the occurrence. Defendant contends that he
Tri -State Automobile Company. Verdict for must have been overcome by exhaustion and
plaintiff. From an order denying motion beat Clearly the evidence did not establish
for Judgment or for new trial, defendant ap- any such theory as a matter of law. Tak•
y peals. Affirmed. ing all the evidence together, it was clearly
e Edmund A. Prendergast, Henry C. Flan-
Sufficient to sustain the finding of the Jury
nery, and Brown Guesmer, all of Minnea that the driver was negligent
i P-
olis for a 2. Defendant PP Larrabee D t con tenQS that it is not
Davies and 2
Jay W. Crane, all of Minneapolis, for re.
liable to plaintiff for the negligence of the
p S
Spondent driver; that its only duty was to use reaeoo-
i
able care in the selection of a driver. This
t HALLAM, J. Plaintiff and one Walker is not the ordinary rule where one person
II f I hired of defendant an automobile, with a is injured by the negligence of the servant
i r driver, to take a country trip. Defendant of another. The general rule in to action
was a dealer in automobiles, and did not is that: "The principal is liable for the acts
ordinarily let its vehicles for hire. The cur and negligence of the agent in the course of
used on this occasion was a two seated five his employment S long as he
I
I: passenger car. It was In good condition. stands in the relation of principal or master
r The driver was a generally competent driv- to the wrongdoer, the owner is responafbU
]i er. Plaintiff sat in the rear seat with some for his acts." Hunt, J., i Railroad Co. T
ladies. Walker sat in the front seat beside Harming, 15 Wall. 649, 657 (21 L. Ed. 220L
the driver. He directed the driver where to and that in any given case "that person b
go, and what road to take, and cautioned undoubtedly liable who stood in the relation'
•For other cases see same topic and section NUMBER in Dec. Dig, ac Am. Dig. Key -Ns. aeries t Sept tads:/
i I•
70 3
�r
l
Z� X
ell
a 75'
C�2- A
sr'
.Ar
T)o Y. i z�v� jc albl av Sl 3�
ele
I 5�
�s
�ilv�t.�iy�.�" —�fG y-� /2, G ,P¢l2 Bv�6', �o�' 7
S i" l
ow� -s s Gam- 1
T All Charter Commission embers
FPC14: Carole Blowers, Secretarial Assistant
DATE: October 3, 1986
RE: Proposed Letter to Residents and Related Costs
On September 30, 1986, the sub committee met and decided on three
ways to publicize the charter amendment issue; a press release to
the Brooklyn Center Post, an item on Cable TV 7, and an informational
letter to the residents of Brooklyn Center.
Attached please find the
L proposed letter to Brooklyn Center residents.
Please contact Ernest Erickson at 560-0092 if you have any questions,
additions, or deletions to this letter AS SOON AS POSSIBLE:
Also attached is a breakdown of costs for preparing and distributing
this letter. There are several alternatives available to getting
this letter out to the public. TjL'e can obtain labels from either the
city or the county. City labels would cover residential homes,onj�,
and apartment/townhome residents would have to be handled on a
delivered basis. County labels would cover all registered voters
in Brooklyn Center (approximately 19,000 vs. approximately ll,`-'OO
for the city ones). The letter can be printed either by mimeograph-
ing it off at the City hall or havin Brooklyn Printing do it. Fold
ing the letter can be done by me or Brooklyn Printing. Stapling it
can be done by me or Brooklyn Pr nting, but as of this date, I have
been unable to reach the Post Office to see if it has to be stapled.
As far as mailing the letter bulk rate, we would have a per letter
charge plus they must be sorted by zip code and bundled and delivered
to the doi^ntown post office. in lieu of all the labeling, folding,
stapling, and postage, we could have the Swim Club hand deliver to
all residents and apartment residents. As I type this, I am awaiting
figures from their President as to how much they would charge to
deliver all of them or Just to the apartment/townhome residents.
Most important, our finances must be stated at this point and time.
L
We started out with $1,500.00 this year. Our present balance is
approximately x with three months left to Co.
If you have any questions reE.arding the costs attached hereto, please
feel free to call me at 560-0421. Thank you.
Your prompt attention to this material is appreciated. Ed Commers is
the Chairman of the sub-committee; his phone number is 533
Decisions must be made soon on this item, as we have many deadlines
to meet in order to get this out before elections.
6Z 1<
CITY 6301 SHINGLE CREEK PARKWAY
OF
:BRIOOKLYN BROOKLYN CENTER, MINNESOTA 55430
E r TELEPHONE 561 -5440
C NTREE EMERGENCY- POLICE- FIRE
October, 1986
Dear Voter,
On November 4, you will have the opportunity to vote on an amend-
ment to the Brooklyn Center City Charter.
Presently, the Brooklyn Center Charter states that each Council-
member serve for a term of three years, and the Mayor serves for
a term of two years. This has the effect of having a city election
every November.
The proposed question on the ballot:
SHALT, SECTION 2.03 AND SECTION 4.01 OF THE HOME RULE
CHARTER OF THE CITY OF BROOKLYN CENTER AS ADOPTED
NOVEMBER 8, 1966, BE AMENDED SO AS TO CHANGE CITY
ELECTIONS TO EVEN YEAR ELECTIONS: CHANGE COUNCTL-
MEMBER TERMS FROM THREE (3) YEARS TO FOUR (4) YEARS;
CHANGE THE MAYOR'S TERM FROM TWO (2) YEARS TO FOUR
(4) YEARS?
will change Councilmembers' term to four years and the Mayor's term
to four years also. This would have the effect of having a city
election in November on even numbered years only.
The question (as stated in the capitalized paragraph above) will be
on the ballot in this November's election. A "Yes" and "No" lever
will be next to the Charter question. Please look for this at the
top of the voting machine.
Sincerely,
Dennis Kueng
CHAIRMAN
BROOKLYN CENTER CHARTER COMMISSION
cb
74 now &t#„
COSTS FOR LABELS
Thru City computer y p (approx. 8,300) 60.
(does not include apartment
townhome residents)
OR
Thru Henn. County (approx. 19,000) 335•
PLUS
Labor to put labels on letters (depends on involved)
,COSTS FOR PRINTING LETTERS:
I can run on mimeo8raph at City hall; so it would involve
costs of masters and paper, and my time...
OR
Have Brooklyn Printin6 run. off:
11,500 copies on 1 side: 211.
11,500 copies on 2 sides: 356.
19,000 copies on 1 side: 291•
19,000 copies on 2 sides: 477.
COSTS FOR FOLDING LETTERS:
My time (depends on r 1 involved)
OR
Brooklyn Printing: 11,500 copies U 60.
19,000 97.
COSTS FOR STAP.LIItiTG LETTERS:
Pvy time (depends on A involved)
OR
Brooklyn Printing: 11, copies 4 1 73
19,000 copies 285.
.*.COSTS FOR P+AILING LETTERS:
Bulk rate is per letter
8,300 :.cP acs
19,000 copies
My time to sort by zip code, put in 3" stacks, rubber band
them and take to downtown post office
SSiuIM CLUB RATES FOR HAND DELIVERY:
TO ALL BROOKLYN CENTER RESIDENTS:, 1,000.appro:
TO JUST APARTMENT /TO1VNI OME RESIDENTS: 300.appro:
'K If City labels are used, additional time must be added to hand deliver
to apartments townhome residents.
a
ss
Mayor Dean Nyquist
5637 Brooklyn Boulevard
Brooklyn Center, MN 55430
Councilman Wm. Hawes
3612 53rd Avenue N. r
Brooklyn Center, MN 55429
Councilman Gene A. Lhotka
6035 Lyndale Avenue N.
Brooklyn Center, MN 55430
Councilwoman Cecilia Scott
5509 Lyndale Avenue N.
Brooklyn Center, MN .55430
Councilman Richard C. Theis
3006 Thurber Road
Brooklyn Center, MN 55429
Mayor James Krautkremer
6425 Shingle Creek Dr.
Brooklyn Park, MN 55445
Councilman Erick Engh
j 8224 62nd Avenue N.
Brooklyn Park, MN 55428
Councilman Jerry Marshall
753 Lee Avenue N.
Brooklyn Park, MN 55443
Councilman..,Ao.bert O'Brien
�9 8440 Rhode Island Dr.
r Brooklyn Park, MN 55445
'I
�I
f Councilman Ronald Slack
L 6808 Shingle Creek Dr.
Brooklyn Park, MN 55445
Councilwoman Margaret Snesrud
7849 Xerxes Ct.
Brooklyn Park, MN 55444
Councilman Jack Umland
a 8265 Scott Avenue N.
Brooklyn Park, MN 55443
�a
Mayor Peter Meintsma
(3 6709 46th Avenue N.
Crystal, MN 55
Councilman Thomas Aaker
,8 33 4 4 Wisconsin Avenue N.
Crystal MN 55427
J
Councilwoman Betty Herbes
(5336 Idaho Avenue N.
Crystal, MN 55428
Councilman Ronald Pieri
,r -3300 Adair Avenue N.
Crystal MIT 55422
Councilman Adrian Rygg �I
19 3701 Adair Avenue N.
Crystal, MN 55422
Councilman John R. Schaaf
0 4908 Quail Avenue N.
Crystal, MN 55429
N
Councilman R. L. Smothers
1 1 5707 Rhode Island Avenue N.
Crystal, MN 55428
Mayor Beatta Blomquist
')D 4504 Oak Chase Road
Eagan, MN 55122
Councilman Thomas Egan
2969 Inland Avenue
Eagan, MN 55
a-
Councilman James A. Smith
070 Marble Lane
Eagan, MN 55122
j
Councilman Jerry Thom as
Pilot Knob Road
Eagan, MN 55122
I
Councilman Theodore Wachter
4 550 Blackhawk Road
Eagan, MN 55122
Mayor C. Wayne Courtney
,�4313 Eton Place
Edina, MN 55424
\0 Councilman A. Charles Bredesen,III
a4506 Sunnyside Road
Edina, DIN 55424
n
Councilman Fred Richards
7225 Fleetwood Dr.
Edina, MN 55435
1
Councilwoman June Schmidt
a� 7005 Bristol Blvd.
i
Edina, MN 55435
Councilwoman Leslie C. Turner
1 6701 Parkwood Lane
Edina, MN 55 4 36 l
Mayor William Nee
,nA Logan Pkwy. l
Fridley, MN 55432 4
Councilman Robert Z. Barnette 3
541 Rice Cr. Blvd. NE
Fridley, MN 55432
Councilman Edward Fitzpatrick'
5273 Horizon Dr. NE
�f
3 MN 55421
Councilman Edward Hamernik
6740 Monroe St'. NE
3 MN 55432
Councilman Dennis- =h. Schneider
3 ,!6190 Stinson Blvd. NE
Fridley, MN 55432
Mayor Mary Anderson
3 3030 Scott Avenue N.
Golden Valley, MN `55422
Councilman harry Bakken,
3� 2361 Kyle Avenue N.
Golden Valley, MN 55422
Councilwoman Gloria Johnson
4200 1
Go e
d
31 n Valley Road
Golden Valley, MN 55
Councilman Ray B. Stockman
6 4216 'Poplar Dr.
3 b Golden Valley, MN
55422
Councilman David Thompson
Zealand Avenue N.
3 Golden Valley MN 55427
Mayor James Deane
jj09228 Rice Lake Road.
Maple Grove, MN 55369
Councilman David Burtness
10735 107th Avenue N.
Maple Grove, MN 55369
Councilman Charles F. Dehn
6855 Dallas Lane
y -Maple Grove, MN 55369
Councilman Donald Ramstad
6236 Orleans Lane
Maple Grove, MN 55369
Councilwoman Donna Ryon
113680 63rd Avenue N.
Maple Grove, MN 55369
Mayor Edward Erickson
1 8216 49th Avenue N.
New Hope, MN 55428
Councilman George Daly
9315 59th Avenue
New Hope, MN 55428
l
Councilman W. Peter Enck
x ;(19000 47 Avenue N.
New Hope, MN 55428
Councilman Gerald Otten
L ,r q
2724 Zealand No.
New Hope, MN 55427
Councilwoman Marlene Williamson
03501 Flag Avenue N.
New Hope, MN 55427
Mayor William Sandberg
L,0 2825 N. Division -St.
No. St. Paul, MN 55109
1
Councilman Ralph D. Corwin
2494 E. 19th Ave
No. St. Paul MN 55
Councilman Wylie P. Haukland
2073 E Eldridge Ave.
6 a
No. St. Paul, MN 55109
Councilman Curtis Johnson
co 2302 E. Skillman
No. St. Paul, MN 55109
Councilman James Stahlmann
A 2446 E. 1st Ave.
No. St. Paul, MN 55109
Mayor David Davenport
Plymouth City Hall
400 Plyymouth Blvd
lymouth, MN 55447
Councilman Dave Crain
6(o 5 0 2 0 Forestview Lane
Plymouth, MN 55442
Councilwoman Patricia Moen
2205 Anthus Lane
Plymouth, MN 55
Councilwoman Patricia Hoyt Neils
3890 Orleans Lane
Plymouth, MN 55441 i
J Councilman Virgil Schneider,
11520 54th Avenue.
Plymouth, MN 55442
l
:Mayor Ed Powderly
�0 514 Grace St.
Red Wing, MN 55066
n
Councilman Joseph W. Anderson
Route 2
Red Wing, MN 55066
Councilman Romeo °Cyr
Foursome
O Wing, MN 55066
Councilman Herbert Goldt
1 315 Chestnut St
oRed Wing, MN 55066-
l
Councilman John Kilbride
1546 Bush Street
Red Wing, MN 55066
Councilwoman Nancy Harris
1204 S. Park St
Red Wing MN 55066
Councilman Don Regelman
1123 Oak St.
Red Wing, MN 55066
Councilman Harold Rinker
�61 1723 Reichert Ave.
Red Wing, MN 55066
Councilman Mark Ryan
1326 s. Park
Red Wing, MN 55066
Councilman Kenneth Thomforde
0 1139 Fairview Lane
Red Wing, MN 55066
Mayor John Hamilton
7220 Harriet Ave. S.
Richfield, MN 55423
Councilman Howard A. Bunce
7608 Sheridan Ave.
i
,kRichfield, MN 55423
Councilman Martin J. Kirsch i
6725 Penn Ave. S.
hit 55423
Councilman Ivan Ludeman
6304 Harriet Ave. S.
Richfield, MN 55423
Councilman Don Priebe
ztk7225 Bloomington Ave. S
Richfield, MN 55423
Mayor Ray Mattson
1� 3818 Unity Avenue N.
Robbinsdale, MN 55422
Councilman William Blonigan
,64004 Quail
Robbinsdale, MN 55422
Councilman Donald L. Genereux
/11 3708 Beard Ave N.
Robbinsdale, MN 55422
Councilman Mike Holtz
3816 Perry Ave.
Robbinsdale, MN 55422
Councilman J. Burton Johnson
1 3200 Drew Avenue N.
Robbinsdale, MN 55
Y
Mayor June Demos
It 1850 Ryan Avenue W.
Roseville MN 55113
'Councilman Tom Curley
b� 505 Westwood Village No. 2
Roseville, MN 55113
Councilwoman Polly Franke
7,12 W. Co. Rd. B
Roseville, MN 55113
Councilman Vern Johnson
��1707 Lydia Avenue
Roseville, DO 55113
Councilman Alvin F. Kehr
988 W. Co. Rd. D.
Roseville, MN 55113
i
i
Coun ilman Tom Curley
505 W twood Village 0 2
Rosevil PAN 5511
i
Councilwoma Poll Franke
1 233 W. Co.
Roseville, DIN 5113
Councilman V rn Jo son
1 707 Lydia venue
Roseville, MN 55i 13
Council an Alvin F. Kehr
988 W. Co. Rd. D.
Rosev' le, ItIN 55113
I
j
THE CITIZENS LISTED ARE VOTING "NO"
Jane Alford ON THE PROPOSED BROOKLYN CENTER CITY
Al Anderson CHARTER AMENDMENT. WE URGE YOU TO
Joy Anderson
Cheryl Asplund VOTE "NO" WITH US.
David Asplund
Elaine Bernards TO HELP YOU DECIDE WE OFFER THIS ADDITIONAL M.
Wallace Bernards INFORMATION.
Henry Bogucki The change in the City Charter of Brooklyn Center as proposed
Marguerite Bogucki is to:
Eleonore Maegi
Jody Brandvold Lengthen the term of office for Mayor from 2 to 4 years.
Carl Manson
Byron Brekke
Wally Bursch Lengthen the term of office for Council from 3 to 4 years Nancy Manson
Evonne Chatelle Hold elections only on the even numbered years. Ernee McArthur
Mike Nelson
Ron Christensen
Lou Polack
Beverly Cohen The present charter has served Brooklyn Center very well.
Colleen Cohen Arden Rasmussen
Awarded All America City in 1986. Lucille Rasmussen
Phil Cohen
Stephen Cohen City is in good financial condition. Bernice Roberts
Ben Davidson Citizens are satisfied with the operation and management Harry Roberts
Jim Sandberg
Shirley Davidson of Brooklyn Center.
Margaret Sandberg
Kathleen Ditter The tax base is strop and increasing from good planning. g g 9 9• Irma Scherer
Paul Ditter
Roger Scherer
Emily Dorff The cost Of elections. Earl Simons
Henry Dorff
Ken Felger The cost of elections should be evaluated. However Ruth Simons
Maria Felger eliminating annual elections is too high of a sacrifice to pay Dave Skeels
Bill Fignar because it reduces our right to vote. We feel that the cost can Rita Skeels
Lila Fignar be reduced considerably by improving the process. Other Tom Slupske
less than one Carolyn Smeaton
Arnold Foslien governmental units conduct their elections for I e
Gerald Heck fourth Of Brooklyn Center's costs. Neil Smeaton
Tom Sollberger
Maxine Heck
Ervin Heisler There has been very little public input about the proposed Arvid "Bud" Sorenson
Susan Heisler change. Barbara Sorenson
Greg Jude The Charter Commission has not held any public hearings Bob Spies
Sue Jude for the citizens of Brooklyn Center on this proposed Peg Spies
David Kaliher Deborah Stinson
charter change. Therefore, there has not been adequate John Stinson
Dwan Keifer public debate by the citizens of Brooklyn Center about this
Gene Sullivan
Joanne Kuefler VERY IMPORTANT ISSUE.
Rich Theis
Tony Kuefler
Ralph Van Beusekom
Pat Labelle
Donna Velasco
Rich Labelle
Sponsored by: Citizens for Responsive City Government Verne Velasco
Carl Lundstrom "No Charter Change in 86"
Sylvia Willard
Phyllis Lundstrom
Ron Christensen, Chair 6101 June North, Brooklyn Center Ted Willard
Bernhard Maegi
COST OF ELECTIONS
The cost of elections is about 40 =i
RESPONSIVE CITY GOVERNMENT
cents per citizen per year. This is a
Having elections every year
very small price to pay for the r—=
encourages the Brooklyn Center
opportunity to vote. Also, it can be
City Council and Mayor to be more
reduced to 10 cents by improving VOTE NO
aware of the citizens opinions.
the process. NOVEMBER 4
ON BROOKLYN CENTER CITY
CHARTER AMENDMENT
ANNUAL ELECTIONS VOTE NO NON PARTISAN CITY GOVERNMENT
Gives the citizens of Brooklyn
IT IS WORTH THE'COST OF AN ELECTION Non partisan annual elections
Center an opportunity to respond TO PRESERVE THE FOLLOWING ISSUES
have served the community of
to the actions of the City Council OF DEMOCRACY.
Brooklyn Center very well for the
annually. Four year terms for City
last quarter century. There has
Council and Mayor are too long. PRESERVE
been no good reason demonstrated
ANNUAL ELECTIONS
INDEPENDENT CITY ELECTIONS to make this drastic change in our
RESPONSIVE CITY GOVERNMENT election process. Vote NO to
NON PARTISAN CITY ELECTIONS preserve non partisan city
INDEPENDENTCITY ELECTIONS
government for the future.
Elections held during the odd
VOTE NO
years permit the focus to be on
local issues. The state and national NOVEMBER 4
elections and issues dominate the
even year elections. See inside for more information.
CHANNEL #7 ANNOUNCEMENTS
CITY OF BROOKLYN CENTER
DATE: nit 1 1 g R
DEPARTMENT: Charter Commission
CONTACT PERSON Edward L. C omme r s
DATE ANNOUNCEMENT ON: From October 15th to
DATE ANNOUNCEMENT OFF: Vjove m be r 3rd 1986
GUInELINE.S
Limit to 32 characters per line (including blank spaces)
and 8 lines total
Underline those words that you wish to flash on and off
while the message is appearing on the screen
Please list the announcement as you would like it to appear:
City of Brooklyn Center Charter
Amendment to be voted on Nov. 4.
The Amendment would change terms
of office from three to four
years for Council members and
from two to four years for Mayor
elections would be held on even
instead of odd years
i.
PAGE 4
ATTENTION I
BROOKLYN CENTER V O TER S�
CHARTER AMENDMENT
On November 4, you will have the opportunity to vote on an ame
ment to the Brooklyn Center City Charter, nd
Presently, the Brooklyn Center Charter states that each Council
member serve for a term of three years, and the Mayor serves for a
term of two years. This has the effect of having a city election every
November.
The proposed Charter question on the ballot:
SHALL SECTION 2.03 AND SECTION 4,01 OF THE HOME
RULE CHARTER OF THE CITY OF BROOKLYN CENTER AS
ADOPTED NOVEMBER 8, 1966, BE AMENDED SO AS TO
CHANGE CITY ELECTIONS TO EVEN YEAR ELECTIONS:
CHANGE COUNCIL MEMBER'S TERMS FROM THREE(3)
YEARS TO FOUR (4) YEARS; CHANGE THE MAYOR'S TERM
FROM TWO (2) YEARS TO FOUR (4) YEARS?
Will change council member's term to four years and the Mayor's term to four years
also. This would have the effect of having a city election in November on even num-
bered years only. The question (as stated in the capitalized paragraph above) will be
on the ballot in this November's election. A "YES" or "NO" lever will be next to the
Charter question. PLEASE LOOK FOR THIS AT THE TOP OF THE VOTING MACHINE.
Prepared and paid for by the Brooklyn Center Charter Commission, Dennis Kueng, Chair. 1012 72nd Av.t N. Brooklyn Center.
D R A F T acres
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
CALLING SPECIAL ELECTION FOR SUBMISSION
OF PROPOSED AMENDMENTS TO CITY CHARTER
AND FIXING FORM OF BALLOTS, NOVEMBER 4. 1986
WHEREAS, the Brooklyn Center Charter Commission, appointed
by the District Court of Hennepin County for the City of Brooklyn
Center, has on 1986 delivered to the Mayor of the
City proposed amendments to Section 2.03 and 4.01 of the Home
Rule Charter duly adopted by the Charter Commission; and
WHEREAS, the said proposal is to amend said Sections 2.03
and 4.01 respectively to read in their entirety as follows
(brackets indicate material to be deleted, underline indicates
new material)
Section 2.03. ELECTIVE OFFICERS. The Council shall be
composed of a Mayor and four Councilmembers who shall be
registered voters of Brooklyn Center, and who shall be
elected at large. Each Councilmember shall serve for a term
of [three (3)] four (4) years. The Mayor shall serve for a
term of (two (2) four (41 years. The Council shall be
canvassers of the election of the Mayor and the
Counclmembers.
Section 4.01. THE REGULAR MUNICIPAL ELECTION. A regular
municipal election shall be held on the first Tuesday after
the first Monday in November of (each year] even numbered
years at such place or places as the City Council may
designate. The City Clerk shall give at least two (2) weeks
Previous notice of the time and place of holding such
election and of the officers to be elected and such other
matters to be voted upon by posting in at least one public
place in each voting precinct and by publication at least
once in the official newspaper, but failure to give such
notice shall not invalidate such election.
THEREFORE, BE IT RESOLVED, by the City Council of the City
of Brooklyn Center:
1. That the question of the adoption of said proposed
amendments to the Home Rule Charter of the City shall
be submitted to vote of the electors of the City at a
special election which is hereby called to be held at
the regular polling places in the City on the 4th day
of November, 1986 concurrently with the general city
election to be held on said date.
S
2. The Clerk is authorized and directed to cause notice of
the time and places of holding such election and of the
issue to be submitted to the voters by publishing a
notice thereof once each week in the official newspaper
of the City for two (2) successive weeks prior to said
election.
3. The Clerk is authorized and directed to cause suitable
ballots to be prepared for said election which shall be
in substantially the following form:
SHALL SECTION 2.03 AND SECTION 4.01 OF THE HOME
RULE CHARTER OF THE CITY OF BROOKLYN CENTER, AS
ADOPTED NOVEMBER 8, 1966, BE AMENDED SO AS TO
CHANGE CITY ELECTIONS TO EVEN YEAR ELECTIONS;
CHANGE COUNCILMEMBER TERMS FROM THREE (3) YEARS TO
FOUR (4) YEARS; CHANGE THE MAYOR'S TERM FROM TWO
(2) YEARS TO FOUR (4) YEARS?
Yes No
4. Such election shall be held and conducted and the
returns thereof made and canvassed in the manner
prescribed by law for such an election in the City.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was
duly seconded by member and upon vote being
taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
D R A F T notice
NOTICE OF
REGULAR MUNICIPAL ELECTION
CITY OF BROOKLYN CENTER, MINNESOTA
NOTICE IS HEREBY GIVEN that the Regular Municipal Election
will be held in the City of Brooklyn Center on the 4th day of
November, 1986 between the hours of 7:00 a.m. and 8 :00 p.m. for
the following purposes:
To Elect:
One Counclmember Three Year Term
AND FURTHER NOTICE IS HEREBY GIVEN that the City Council of
the City of Brooklyn Center on duly adopted its
resolution calling an election, and that pursuant to said
resolution a special election will be held in the City of
Brooklyn Center at the regular polling places in each voting
precinct of the City on the 4th day of November 1986 concurrently
with the general city election to be held on said day between the
hours of 7:00 a.m. and 8:00 p.m. on said day, for the purpose of
submitting to the electors of the City the following question:
SHALL SECTION 2.03 AND SECTION 4.01 OF THE HOME RULE
CHARTER OF THE CITY OF BROOKLYN CENTER AS ADOPTED
NOVEMBER 8, 1966, BE AMENDED SO AS TO CHANGE CITY
ELECTIONS TO EVEN YEAR ELECTIONS; CHANGE COUNCILMEMBER
TERMS FROM THREE (3) YEARS TO FOUR (4) YEARS; CHANGE
THE MAYOR'S TERM FROM TWO (2) YEARS TO FOUR (4) YEARS?
YES) i NOl w
Section 2.03 and 4.01 of the Home Rule Charter of the City
of Brooklyn Center shall be amended in its entirety to read
as follows: (brackets indicate material to be deleted,
underline indicates new material)
Section 2.03. ELECTIVE OFFICERS. The Council shall be
composed of a Mayor and four Councilmembers who shall be
registered voters of Brooklyn Center, and who shall be
elected at large. Each Councilmember shall serve for a term
of [three (3)] fou (4) years. The Mayor shall serve for a
term of [two (2) four (41 years. The Council shall be
canvassers of the election of the Mayor and the
Councilmembers.
Section 4.01. THE REGULAR MUNICIPAL ELECTION. A regular
municipal election shall be held on the first Tuesday after
the first Monday in November of (each year] even- numbered
vears at such place or places as the City Council may
designate. The City Clerk shall give at least two (2) weeks
previous notice of the time and place of holding such
election and of the officers to be elected and such other
matters to be voted upon by posting in at least one public
place in each voting precinct and by publication at least
once in the official newspaper, but failure to give such
notice shall not invalidate such election.
The election will be held in the regular polling places in
each of the following precincts:
Precinct Pollina Place
1 Harron Methodist Church —5452 Dupont Avenue North
2 Earle Brown School 5900 Humboldt Avenue North
3 Evergreen School 7020 Dupont Avenue North
4 St. Alphonsus Church 7025 Halifax Avenue North
5 Orchard Lane School 6201 Noble Avenue North
6 Garden City School 6400 Brooklyn Boulevard
7 Cross of Glory Church 5929 Brooklyn Boulevard
8 Northport School 5421 Brooklyn Boulevard
9 St. Alphonsus Church,- 7025 Halifax Avenue North
D. K. Weeks
City Clerk
DATED: October i, 1986 CITY OF BROOKLYN CENTER
(Published in the Brooklyn Center Post October 9 16, 1986)
D R A F T certif
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF BROOKLYN CENTER
CERTIFICATE OF ADOPTION OF AMENDMENT TO
4 HOME RULE CHARTER
I, Dean A. Nyquist, do hereby certify as follows:
1. That I am the duly elected, acting and qualified Mayor
of the City of Brooklyn enter Hennepin County, yn p t Minnesota and
y r
as such am chief magistrate of said City.
2. That said City is a city operating under a Home Rule
Charter pursuant to the Constitution and laws of the State of
Minnesota and having its corporate boundaries solely within said
County of Hennepin.
3. That on the of 1986 the
Charter Commission, appointed by the District Court of Hennepin
County as the Charter Commission for the City of Brooklyn Center,
delivered to the undersigned as Mayor of said City proposed
amendments to Section 2.03 and Section 4.01 of the Home Rule
Charter of said City as adopted by the electors of the City on
November 8, 1966.
4. That the proposed amendments above referred to were to
amend said sections respectively to read in their entirety as
follows: (brackets indicate material to be deleted, underline
indicates new material)
Section 2.03. ELECTIVE OFFICERS. The Council shall be
composed of a Mayor and four Counclmembers who shall be
registered voters of Brooklyn Center, and who shall be
elected at large. Each Counciimember shall serve for a term
of [three (3) four (4) years. The Mayor shall serve for a
term of [two (2) four (41 years. The Council shall be
canvassers of the election of the Mayor and the
Councilmembers.
Section 4.01. THE REGULAR MUNICIPAL ELECTION. A regular
municipal election shall be held on the first Tuesday after
the first Monday in November of [each year] even- numbered
vears at such place or places as the City Council may
designate. The City Clerk shall give at least two (2) weeks
previous notice of the time and place of holding such
election and of the officers to be elected and such other
matters to be voted upon by posting in at least one public
place in each voting precinct and by publication at least
once in the official newspaper, but failure to give such
notice shall not invalidate such election.
5. That at a special election of the electors of said City,
duly and regularly called by the City Council and held at the
regular polling places in said City on the 4th day of November
1986, the question of the adoption of said amendments was duly
submitted to the voters of the City and the adoption of said
amendments was approved in the affirmative by more than fifty -one
(51) percent of the qualified voters of the City voting on such
amendment at such election; that said vote has been duly
canvassed by the City Council of said City and said amendments
declared by the City Council to be duly approved by said voters
on said election date of November 4, 1986, and that said
amendments became effective thirty (30) days from said election
date.
Date Mayor
ATTEST:
Clerk
D R A F T
canvass
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION REGARDING CANVASS OF NOVEMBER 4, 1986 CITY ELECTION
WHEREAS, the City Council has met for purpose of canvassing
the election returns of special election called pursuant to
Resolution No. adopted by the City Council for
the purpose of submitting to the electors the question of
amending Sections 2.03 and 4.01 of the City Charter; and
WHEREAS, the City Council has met for the purpose of
canvassing the election returns of the regular municipal election
to canvass the returns for the office of one City Councilmember:
THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the votes cast at said City election were as
follows:
SHALL SECTION 2.03 AND SECTION 4.01 OF THE HOME RULE
CHARTER OF THE CITY OF BROOKLYN CENTER AS ADOPTED
NOVEMBER 8, 1966, BE AMENDED SO AS TO CHANGE CITY
ELECTIONS TO EVEN YEAR ELECTIONS; CHANGE COUNCILMEMBER
06 TERMS FROM THREE (3) YEARS TO FOUR (4) YEARS; CHANGE
THE MAYOR'S TERM FROM TWO (2) YEARS TO FOUR (4) YEARS?
YES votes NO votes
BE IT RESOLVED that the question submitted was approved in
the affirmative by more than 51% of the qualified voters of the
City voting at such election and that the said question was duly
approved by said voters.
BE IT FURTHER RESOLVED that is declared to
be the successful candidate for the office of City Councilmember
of the City of Brooklyn Center.
Date Mayor
ATTEST
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Charter in. effect. Succession., M.S.A. 41 0.11) Assuming that
the certification of charter has been deposited to the Secretary
of State, the office of the Register of Deeds, and the City
Clerk's office, the new charter will take effect at the end of
thirty days from the date of the election or at such other time
as is fixed in the charter. It supersedes the previous charter
of the city, if any, the courts are required to take judicial
notice of it, and the officials elected and appointed under it
may take over the control of the city's records, money, and
property at any time specified therein. The charter may provide
that in the meantime, that is, until an election of officers can
be held, the officers under the older charter shall continue to
function in their different capacities. When the new charter
finally comes fully into operation, the municipal corporation
thus reorganized is in all respects the legal successor of the
corporation under the old charter. Existing, consistent
ordinances and contracts continue until they are changed or
expire by their terms.
J
lupus t 21, 1986
l
FROM: Board of Directors
Citizens for Better Government
TO: Mayor and Councilmembers
City of Brooklyn Center
SUBJECT: Proposed Charter Change
The Citizens For Better Government (CBG) has been closely following the
Charter Commission's deliberations on the Council election year issue. This
has been an agenda item for the Commission since early 1984 and we understand
it will now be on the November 1986 election ballot.
The CBG still fails to understand the need and justification for the proposed
change. One only has to look at the quality of the community, the State and
National recognition that our community has received to assure ourselves that
the current process has served our community very well.
However, since the Commission is determined to bring this matter before the
voters this November, the issue may at last be aired in a public forum.
This is something that has not really happened since the Council last had
this item on your agenda on January 28, 1985.
The Council at that meeting took action to send the matter back to the
Charter Commission with instructions ---"to review the issues raised at
this evenings public hearing and decide and recommend a course of action'
after further discussions on the pertinent issues have been conducted''.
(Excerpt from Council Minutes of the 1/28/85 meeting).
The CBG is concerned with the approach selected by the Charter Commission
in responding to the City Council referral request, which was to appoint a
Sub- committee which surveyed the preferences of elected officials in other
communities, rather than to request input from citizens, civic and political
organizations in our own community. There is also a question of whether
proper public notice was given of the sub committee meetings.
The CBG feels strongly that the Charter Commission has not yet given the
public an opportunity to express itself prior to bringing this matter up
for official action, therefore apparently has taken onto itself to judge
whether this proposal is truly within the public interest. This process
is in stark contrast to the careful and considerate work that the original
Charter Commission performed in the mid 1960's that led to establishing
the present method of electing the City Council.
1
s
We enclose for your convenience and review the following documents:
3
-CBG's record of actions todate on this issue (ie. Chronology)
-CBG position paper on this issue that was presented at the City
Council public hearing on 1/28/85
Your time and ear on this most critical issue has been appreciated.
Respectfullvi.
Tony Kuefle Execut'�ye
Citizens f Better Gent
Encl
cc Jerry Splinter, City Manager
Mary Jane Gustafson, Editor Brooklyn Center Post
2
BRCOKLYN CEI�ZTER CHARTER COMMISSION
CHROIZOLOGY 1984 -85
1984
4/25/84 Charter Commission Reports on the opinions of the City Council
Members and City Manager regarding the proposed change to even
numbered years municipal elections. Minutes indicate they all
were in favor of that change and 4 year terms for the Council
Members. City Manager did not comment on length of term.
5/23/84 Charter 8ommission votes to recommend that the City Charter
be changed to have the Councilmember terms extended from 3
to 4 Years and leave the Mayor at 2 years. Action did not
reflect even numbered year elections, but the discussion in
the minutes talked about it.
Fall -84 City Manager's newsletter talks about the proposed charter
change that would have the elections 9t the municipal level
every two years in even numbered years and extending the
Councilmembers terms from 3 -4 years.
11/19/84 City Council receives the Charter Commission Amendment and
has a first reading and schedules the amendment for public
hearing on January 28, 1985•
12/6 Amendment is published in the Brooklyn Center Post.
12/13
000000000000
1985
1/28/85 City CouncJ- 1 public hearing and after presentations
'by both the Charter Commission and the Ad Hoc Committee of
the Citizens for Better Government the Council votedl 1)
to approve the charter change that failed 2/3; 2) To refer
the matter back to the charter commission and ask them to A -Y
review the issues raised at the public hearing and recommend
a further course of action. Passed 4/1.
3/27/85 CharteJp Commission meets and reviewed the actions of the
City Council. Dave Skeels and Phil Cohen represented CBG
and were invited to participate in the discussion. An
elections sub committee was appointed and the Charter
Commission's next meeting was set for October 23 1985
4/25/85 Elections Sub Committee holds meeting. No public notice
was apparently given and no member of CBG was apparently
notified. They voted to conduct a survey of other cities..
9/25/85 Elections=Sub Committee holds another meeting and reviews
it survey and makes its recommendations to the Charter Comm.
No public notice was apparently given and no member of CBG
was apparently notified.
10/23/85 Charter Commission votes to accept the Election Sub Committee's
recommendation, ie: 4 year terms for the Mayor and Council and
elections to be held in even numbered years. Kuefler Cohen
attemded the meeting. Cohen asked to speak, but was ruled out
of order by the Chair since he did not register with the Chairman
that he wanted to speak. Charter Commission also votes to send the
issue directly to the voters in N of 1986 There was not any
+i..o ,zr....,.., r+. ,-4- 4-4..o ,.Tn�- n,, +Pa in City Hall.
BROOKLYN CENTER CHARTER COMMISSION
CHRNOLOGY- PAGE 2
11/4/85 Phil Cohen sends .letter to Donn Escher, Chairman of the Commission
i asking for minutes of the charter commission meeting of 10/23/85
election sub committee minutes of 4/25 9/2385. Also asking
hoV public notice was given of these meetings. Also, copy of
letter was sent to the City Manager.
11/1885 Escher responds with copies of the minutes and noting that
the City Manager would respond relative to the public notice
question.
0000000000000000
1986
1/7/86 Letter received from the City Manager ai& stating how
they post notice of meetings and if they are notified they
are posted in City Hall and listed on Channel 7 TV. He also
commented that they do not keep record of meetings posted.
1/22/86 Charter Commission holds its annual meeting to elect officers
and asks elections sub committee to recommend a plan of action
to publicize the Charter Amendment vote in November. Ton Kuefler
attended the meeting.
2/18/86 Election Sub Committee meets to lay out its strategy and time
table, as follows:
4/23 Charter Commission meeting to review the recommendations
of the sub Committee which apparently will be;
May or June- Initial news release.
Meet in early August with full plan of
action in the fall.
Distribute information and ask to speak
to various organizations.
Approve a Spring to November plan of action.
00000000000000000
Note: Also to be included in the 1984 record is a letter from Tony
Kuefler to Mayor Nyquist asking for a public hearing be held
by the Charter Commission, City Council, CBG, etc.
CITIZENS FOR BETTER GOVERNMENT (CBG)
POSITION PAPER ON
CHARTER CHANGE PROPOSAL REGARDING CITY ELECTIONS
AS PRESENTED TO THE BROOKLYN CENTER CITY COUNCIL
1/20/"5
THIS PAPER HAS BEEN PREPARED BY A CBG TASK FORCE WHICH CONSISTS OF:
-CBG PRESIDENT DAVE SKEELS
FORMER MAYOR PHIL COHEN
FORMER COUNCILMAN TONY KUEFLER
THE PAPER ADDRESSES THE FOLLOWING ISSUES.
IMPORTANCE OF OUR LOCAL GOVERNMENT STRUCTURE
PUBLIC DEBATE AND DISCUSSION ON THIS PROPOSED CHARTER CHANGE
-TERMS OF OFFICE FOR MAYOR AND COUNCIL
MERITS OF ODD YEAR VS EVEN YEAR ELECTIONS
-COST OF ELECTIONS VS THE PUBLICS VOTING FRANCHISE
-THE GOVERNANCE ISSUE
PROVISIONS FOR ENACTING CHARTER CHANGE
SUMMARY OF OUR FINDINGS
RECOMMENDATION
1
IMPORTANCE OF OUR LOCAL GOVERNMENT STRUCTURE
THE STRUCTURE OF LOCAL GOVERNMENT HAS BEEN A LONG TIME CONCERN OF THE
CITIZENS OF BROOKLYN CENTER. SINCE 1961, WHEN THE FIRST REFERENDUM ON THE
FORM OF GOVERNMENT WAS HELD IN BROOKLYN CENTER AND TO THIS DATE:, THIS HAS
BEEN A MOST SENSITIVE ISSUE. IN 1961, A PROPOSAL FOR THE `PLAN B
COUNCIL /MANAGER' FORM OF GOVERNMENT WAS SOUNDLY DEFEATED BY THE RESIDENTS.
THIS WAS MAINLY DUE TO THE CITIZENS CONCERN FOR BEING SURE THAT THEIR
FRANCHISE AS A VOTER WAS PROTECTED. AS A RESULT OF THAT REFERENDUM, THE
BROOKLYN CENTER CITY COUNCIL APPOINTED A `GOVERNMENT STUDY COMMITTEE' IN
1962. IN THE FALL OF 1963, THIS COMMITTEE MADE ITS REPORT, WHICH
RECOMMENDED (BY A MAJORITY VOTE) THAT THE CITY PROCEED WITH ESTABLISHING
A CHARTER COMMISSION BY CALLING FOR THE DISTRICT JUDGE TO TAKE THE ACTION
PRESCRIBED BY STATUTE.
THE CHARTER COMMISSION HELD ITS FIRST MEETING ON APRIL 29, 1964. AT THE
SEPTEMBER 14, 1966 MEETING THE CHARTER WAS APPROVED FOR PUBLIC HEARING AND
PUBLICATION_ THREE PUBLIC HEARINGS WERE HELD IN THE MONTH OF SEPTEMBER AND
AT THE ELECTION IN NOVEMBER, THE CHARTER PASSED BY A 78% MAJORITY VOTE
(4,248 TO 1,235)_
DURING THE STUDY, THE ISSUE OF DATES OF ELECTION AND TERMS OF OFFICE WERE
STRONGLY DEBATED_ DURING THE PUBLIC HEARINGS THE ISSUE WAS RAISED ABOUT
THE TERMS OF OFFICE FOR THE MAYOR AND COUNCIL AND THE MATTER WAS RESOLVED
TO KEEP THE TERMS AS THEY HAD BEEN PREVIOUSLY. AND, THOSE ARE THE TERMS OF
OFFICE THAT THE VOTERS OF BROOKLYN CENTER VOTED FOR IN THE CITY CHARTER
ELECTION OF 1966 AND WHAT WE HAVE HAD TO DATE. THEY SEEM TO HAVE SERVE:1
BROOKLYN CENTER WELL, AS WE HAVE CONSISTENTLY HAD GOOD, OPEN, HONEST AND
NON- PARTISAN GOVERNMENT EVER SINCE THE PASSAGE OF THE CITY CHARTER.
PUBLIC DEBATE AND DISCUSSION ON THIS PROPOSED CHARTER CHANGE
PUBLIC DEBATE AND DISCUSSION OUGHT TO BE SOLICITED FROM ALL CONSTITUENCIES
WHEN CHANGES TO THE CHARTER ARE BEING CONTEMPLATED.
PERHAPS IF THE CBG WOULD HAVE BEEN MORE ATTENTIVE TO THE WORK OF THE
CHARTER COMMISSION, WE WOULD HAVE BEEN AT THEIR MEETINGS WHEN THE ISSUES
CAME UP FOR DISCUSSION_ FOR NOT HAVING DONE THIS, WE SINCERELY APOLOGIZE
TO THE COMMISSION. HOWEVER, GIVEN THE IMPORTANCE OF THIS ISSUE TO THE
CITIZENS, PERHAPS THE COMMISSION TOO COULD HAVE BEEN MORE AGGRESSIVE IN
SOLICITING INPUT FROM US AND OTHERS_
2
f
TERMS OF OFFICE FOR MAYOR AND COUNCIL
THE CHARTER COMMISSION IN ITS FINDING DECIDED TO INCREASE THE CITY COUNCIL
MEMBERS TERMS FROM 3 YEARS TO 4 YEARS, WHILE LEAVING THE MAYORS TERM AT
YEARS. FRANKLY, WE FIND IT DIFFICULT TO UNDERSTAND THE LOGIC FOR THIS WE
FEEL THAT IF ANY TERM WERE TO BE LENGTHENED, IT OUGHT TO BE THE MAYORS NOT
THE COUNCILSk WHY, BECAUSE THE MAYOR IS THE TITULAR HEAD OF THE CITY AND
THE SPOKESPERSON AT ALL OFFICIAL MEETINGS WHERE THE CITY IS REPRESENTED.
HE IS LOOKED AT AS THE PERSON WHO GIVES POLICY DIRECTION ON ISSUES AT THE*
COUNTY, METRO, STATE AND FEDERAL LEVEL AS IT AFFECTS THE CITY OF
BROOKLYN CENTER. THE MAYOR OF THIS CITY HAS MORE OF THAT TYPE OI
COMMITMENT THAN THE CITY COUNCIL MEMBERS AND RIGHTLY SO. AND, HE ALSO HAS
TO INTERFACE WITH MAYORS OF OTHER CITIES WI-40 MAY OR MAY NOT HAVE THE
SAME LENGTH OF TERMS, WHETHER THEY BE FULL OR PART TIME MAYORS.. OUR
NEIGHBORING COMMUNITIES OF BROOKLYN PARK AND CRYSTAL ARE EXAMPLES OF THIS
AS THEY EACH HAVE 3 YEAR TERMS -FOR THEIR MAYOR AND MINNEAPOLIS RECENTLY
VOTED A CHARTER CHANGE TO MAKE THEIR MAYORS TERM 4 YEARS.
MERITS OF ODD YEAR VERSUS EVEN YEAR ELECTIONS
IT APPEARS THE DRIVING FORCE, OF THE CURRENT CHARTER COMMISSION, IN SETTING
THE TERM OF OFFICE FOR THE COUNCIL MEMBERS WAS THE DESIRE TO HAVE THE
ELECTIONS ON EVEN YEARS ONLY. AND, THE DESIRE FOR EVEN YEAR ELECTIONS ONLY
APPARENTLY HAS COME ABOUT FROM CONCERNS EXPRESSED BY SOME ELECTION JUDGES
AT THE 1983 FALL ELECTION, WHERE THE VOTER TURNOUT FOR AN UNCONTESTED
ELECTION WAS LOW. THE QUESTION OF JUSTIFICATION ON A COST PER VOTER BASIS
WAS APPARENTLY SURFACED. ONE MIGHT QUESTION WHETHER COST WAS A CONCERN II'J
OTHER ODD YEAR ELECTIONS WHEN THERE WAS COMPETITION AND THE VOTER TURNOUT
WAS MUCH HIGHER, WHICH WOULD SEEM TO DEMONSTATE THAT ITS NOT THE FACT THAT
IT IS AN OFF YEAR ELECTION, BUT RATHER A FACT OF AN UNCONTESTED ELECTIOI
THAT CAUSES THE LOW VOTER TURNOUT.
FURTHER, IF ALL ELECTIONS WERE HELD ON EVEN YEARS AND HIGHLY COMPETITIV[.
CAMPAIGNS FOR LOCAL OFFICE ENSUED, IT WOULD BE MUCH MORE DIFFICULT TO RAISE
FUNDS IN COMPETITION WITH STATE AND FEDERAL OFFICE CANDIDATES WITHOUT
PERHAPS A GOODLY AMOUNT OF FINANCIAL SUPPORT AND ENDORSEMENTS FROM THE
RESPECTIVE POLITICAL PARTIES. BROOKLYN CENTER HAS BEEN ONE OF THE SHINING
EXAMPLES OF HOW NON- PARTISAN GOVERNMENT HAS SERVED THE PEOPLE WELL FOR
OVER 20 YEARS. WE FEEL THE PRESENT ELECTION FORMAT HAS GONE A LONG WAY TO
PRESERVE THAT PROCESS.
3
COST OF ELECTIONS VERSUS THE PUBLICS VOTING FRANCHISE
THE COST OF AN ELECTION SHOULD BE PUT IN THE PERSPECTIVE WITH WHAT AND WHO
WE ARE VOTING FOR_ THE CITY COUNCIL IS IN EFFECT THE BOARD OF DIRECTORS,
ELECTED BY THE STOCKHOLDER TIME VOTERS_ THE CITY COUNCIL IS THE POLICY
MAKER THAT OVERSEES AN ANNUAL BUDGET OF $7,500,000 ALONG WITH A PHYSICAL
PLANT, UTILVES, ETC THAT IS WORTH WELL OVER $50,000,000 (COST BASIS)_
THE DESIRE TO BE PRUDENT IS COMMENDABLE, AND THIS CITY COUNCIL HAS All
OUTSTANDING RECORD OF RUNNING THE CITY IN AN EXCELLENT FINANCIAL MANNER.
HOWEVER, WHEN TALKING ABOUT THE MOST PRECIOUS THING WE HAVE "THE RIGHT TO
VOTE" THE COST OF ELECTIONS HAVE TO BE PUT INTO TIME PROPER PERSPECTIVE.
TO CARRY THE COST SAVINGS EVEN FURTHER, ONE MAY WISH TO TALK ABOUT
ELECTIONS EVERY 6 YEARS, OR LESS VOTING PRECINCTS, LESS JUDGES, ETC;.
HQWE:_VER, THIS HAS NOT BEEN THE CASE IN BROOKLYN CENTER. WE HAVE STRIVED TO
MAKE ELECTIONS AS ACCESSIBLE AS- POS S IBLE
THAT WAS VOTED W
BY 75� 10EYEARS
CENTER CITY CHARTER (IN THE DOCUMENT
WERE VERY CAREFUL ON THIS ISSUE_
THE GOVERNANCE ISSUE
WHAT IS THE GOVERNANCE ISSUE IN THIS CHARTER CHANGE? THE MAIN
ISSUE IS THAT MORE PEOPLE VOTE IN THE EVEN YEAR ELECTIONS THAN
THE IN ODD YEAR ELECTIONS. THIS WAS ALSO KNOWN AND UNDERSTOOD
WHEN WRITING AND VOTING ON TIME ORIGINAL CHARTER IN 1966, BUT WAS
NOT FOUND TO BE A GOOD ENOUGH REASON TO ELIMINATE ODD YEAR ELEC'.TIONS.
IF ONE WAS TO TAKE A PURIST POINT OF VIEW, OF GETTING THE MAXIMUM NUMBER
OF PEOPLE WHO ARE DEDICATED TO LOCAL GOVERNMENT ISSUES OUT TO VOTE,
THEN THE ELECTIONS SHOULD BE HELD ONLY IN THE ODD NUMBERED YEARS_
THIS ALSO WAS REJECTED BY THE CHARTER COMMISSION IN 1966.
THE CHARTER COMMISSION WAS ALSO CONCERNED ABOUT HAVING CONTINUITY
IN THE CITY COUNCIL, WHILE AT THE SAME TIME ALSO THE OPPORTUNITY EVERY
ONCE IN A WHILE TO ALLOW FOR A MAJORITY SHIFT IN LOCAL_ PHILOSOPHY. THIS Is
EVIDENCED AS ONCE EVERY 6 ELECTIONS, 2 COUNCIL MEMBERS PLUS THE
MAYOR STAND FOR ELECTION AT THE SAME TIME. BUT THIS IS DONE ON
THE OLD NUMBERED YEAR ONLY SO THAT THE TOTAL FOCUS IN THAT
ELECTION CAN BE SOLELY ON LOCAL ISSUES.
THEREFORE, THE GOVERNANCE QUESTION GOES BEGGING FOR AN ANSWER.
IF THERE HAS NOT BEEN A PROBLEM IN THE GOVERNANCE BY THE LOCAL
ELECTED OFFICIALS UNDER THE EXISTING CHARTER, THEN THE JUSTIFICATION
FOR A CHANGE IN THE TERMS OF
OFFICE AND IN ELECTION YEARS WOULD APPEAR
TO HAVE BEEN INADEQUATELY ADDRESSED.
4
PROVISIONS FOR ENACTING CHARTER CHANGE
IN RESEARCHING THE CHARTER, WHICH WE REALLY SEE AS A DOCUMENT
WHICH IS INTENDED TO GIVE ALL CITIZENS A GUARANTEED VOICE IN
l
GOVERNMENT, WE SCE IT AS A DOCUMENT WHICH IF A ND WHEN CHANGED'
SUCH CHANGE&SHOULD BE THOROUGHLY STUDIED, RESEARCHED, CHALLENGED
AND DEBATED IN EACH AND EVERY CASE.
WE ALSO FIND, THAT ALTHOUGH THERE ARE SEVERAL AVENUES FROM WHICH
A CHARTER CHANGE CAN BE INITIATED, THERE ARE REALLY ONLY 2 BASIC
AVENUES TO ENACT A CHANGE_
1) BY REFERENDUM VOTE OF THE PEOPLE
2) BY UNANIMOUS VOTE OF THE CITY COUNCIL
IT WOULD SEEM THAT THE `UNANIMOUS VOTE OF THE COUNCIL OPTION' IS
INTENDED FOR USE WHEN THE PROPOSED CHARTER CHANGE IS IN REALITY A
HOUSEKEEPING ITEM (ie TO MAINTAIN CONFORMANCE WITH STATE
STATUTES, etc:;). AND, THAT THE `REFERENDUM VOTE OPTION' IS
INTENDED TO BE USED FOR ALL CHANGES WHEN THE PROPOSED CHANGE WILL
RESULT IN `A CHANGE IN INTENT'. WE CLEARLY SEE THE CURRENT
PROPOSAL FOR CHANGE AS BEING A SIGNIFICANT CHANGE OF INTENT TO
THE EXISTING CHARTER. THEREFORE, WE QUESTION THE JUSTIFICATION
I OF THE OPTION CURRENTLY BEING PURSUED BY THE CITY COUNCIL AND
MOST CERTAINLY FIND IT MOST QUESTIONABLE CONSIDERING THAT WIDE
SOLICITATION OF DEBATE BY, AND INPUT FROM, GROUPS OUTSIDE OF THE
CHARTER COMMISSION HAS NOT TAKEN PLACE.
AN EXAMPLE OF WHEN TH(:)R(_)UGH STUDY, DEBATE AND SOLICITATION OF COMMUNITY
INPUT DID TAKE PLACE WAS WHEN THE CHARTER COMMISSION IN THE MIDDLE 70's
TOOK THIS TYPE OF INITIATIVE WHEN THE QUESTION OF `WARD GOVERNMENT' CAME UP
FOR THEIR CONSIDERATION. AT THAT TIME THE COMMISSION DID GO OUT AND BRING
IN ALL -THAT MIGHT BE CONCERNED TO OFFER THEIR RESPECTIVE VIEWS. THE
COMMISSION AFTER THOSE TYPE OF EXTENSIVE HEARINGS VOTED AGAINST WARI.)
GOVERNMENT FOR BROOKLYN CENTER.
i
5
SUMMARY OF OUR FINDINGS
1_ THE HISTORY OF THE DEBATE AND DECISIONS OF THE ORIGINAL CITY CHARTER
WRITERS SHOULD BE THOROUGHLY RESEARCHED AND UNDERSTOOD WHEN CHANGE,`:'
ARE BEING CONSIDERED.
2. PUBLIC DEBATE AND DISCUSSION OUGHT TO `NOT ONLY BE ALLOWED' BUT OUGHT
TO `BE WIDELY SOLICITED'.
3_ IT WOULD APPEAR THAT THE TERM OF MAYOR MORE THAN THE TERM OF
COUNCILMEMBER MERITS CONSIDERATION FOR LENGTHENING.
4_ THE MERITS OF ODD YEAR ELECTIONS AND THEIR APPARENT INTENDED VALUE
IN PROVIDING THE CITIZENS AN ANNUAL OPPORTUNITY TO REGISTER THEIR
SATISFACTION AND /OR DISSATISFACTION WITH THE CITY OFFICIALS ACTIONS
OUGHT TO BE PRESERVED AS A GOOD `CHECKS AND BALANCES FOR THE CITIZEN'.
S. THAT THE ISSUE OF COST OF ELECTIONS CANNOT AND SHOULD NOT BE LOOKED AT
IN THE SAME LIGHT AS OTHER CITY BUDGET ITEMS. THE PRICE OF DEMOCRACY
CANNOT BE MEASURED IN DOLLARS.
6_ THE MERITS OF PROVIDING THE CITIZENS MAXIMUM ASSURANCE OF CONTROL
BY ASSURING THAT EVERY 6TH YEAR THEY HAVE AN' OPPORTUNITY TO AFFECT
A CHANGE IN THE MAJORITY ON THE COUNCIL BY HAVING 2 COUNCIL POSITIONS
PLUS THE MAYORS POSITION UP FOR ELECTION IN THE SAME YEAR OUGHT TO ALSi!
BE PRESERVED AS A GOOD `CHECKS AND BALANCES FOR THE CITIZEN'.
7. IT SEEMS VERY QUESTIONABLE THAT THE PROPOSED CHARTER CHANGE SHOULD
BE ENACTED VIA THE `UNANIMOUS VOTE OF THE COUNCIL OPTION'. IT WOULD
SEEM THAT THIS COULD /SHOULD ONLY BE CONSIDERED IF AND WHEN ALL POSSIBLE
DEBATE AND INPUT HAS BEEN `AGGRESSIVELY SOLICITED' AND HEARD.
RECOMMENDATION
BASED ON OUR FINDINGS TO DATE, IT IS OUR RECOMMENDATION TO THE CITY COUNCIL.
THAT YOU REFER THE PROPOSED CHARTER CHANGE BACK TO THE CHARTER COMMISSIONl
FOR CONSIDERATION OF OUR FINDINGS AND THAT OF OTHER INTERESTED GROUPS AS
WELL_ THE CBG, OF COURSE, STANDS READY TO FURTHER EXPLAIN AND DISCUSS WITH
THE COMMISSION AND /OR THE COUNCIL OUR FINDINGS AND RECOMMENDATION.
WE AGAIN THANK YOU FOR GIVING US THIS OPPORTUNITY TO PRESENT OUR INPUT
ON THIS MATTER.
6
May 29..1986
Tyr. Gerald Splinter
City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mr. Splinters
On October 23, 1985, the Charter Commission adopted by Commission
Resolution on a 10 -2 favorable vote to:
change city elections to even year elections:
change council member terms from three (3) years to four (4)
years;
change the mayor's term from two (2) years to four (4) years;
submit the proposed charter amendment changes to the people of
Brooklyn Center for vote at the General Election on November,
1986.
Therefore, as Chairman I am forwarding these proposed charter amend
ment changes to you with instructions to prepare the necessary word-
ing for the ballot to effect the commission's actions on Sections
2.03 and 4.01 of the charter.
Respectfully submitted,
Dennis B. Kueng, Chair
BROOKLYN CENTER CHARTER COMMISSION
cb.
secs Darlene Weeks, City Clerk
CITY
OF 6301 SHINGLE CREEK PARKWAY
BROOKLYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
C ENTER
March 13, 1986
Mr. Donn Escher, Chairman
Charter Commission
3107 65th Avenue North
Brooklyn Center, Minnesota 55429
Dear Donn:
Attached please find copies of two letters I received from Dave Kennedy of our law
firm (dated March 3 6, 1986) I asked him to review some of the procedures for a
Charter amendment for Brooklyn Center. Earlier this year I had a discussion with
Mr. Comers of the Charter Commission in which he asked some questions, and I believe
those questions and more are addressed in the letters from Dave Kennedy.
On the last pages of the letter attached to Mr. Kennedy's March 6, 1986 letter he
recites guidelines for "promoting" or "selling" the 1980 park bond issue election.
While a Charter election amendment is not a bond issue election, I am informed by the
City Attorney's office that the same rules of thumb should apply to both the City
Council and /or the Charter Commission in a charter amendment election.
If you or any members of the Charter Commission have any further questions in this
regard, please do not hesitate to contact me.
Sincerely,
R
ri rvw
C a,;� G. plinter
Cjt� Manger
encs.
„74 s m„
A HISTORY OF THE
BROOKLYN CENTER CHARTER COMMISSION
ELECTIONS AMENDMENT
1983- Present
In response to comments made by citizens, city staff, election
judges, and council members, the Charter Commission began a study
of even year only elections. The previous format of elections
every year has been in place since the Charter was approved in
1966. Prior to the City Charter, elections were held every year
also.
The City staff prepared data showing election participation,
election costs, and election formats for most North Suburban
communities. The Charter Commission studied this data before
and at its March 1984 meeting. The Commission discussed many
other points such as: need for change, a more informed electorate,
visibility for local issues, greater voter participation, and
elections' costs in relation to democratic government. At that
meeting, Chairman Escher appointed an interview committee to
question the present Council members as to their views on this
issue, since they would be directly affected by a change in length
of term.
In April, the Interview Committee reported to the full Commission
on its findings. All the Council members reacted favorably to the
even year only election amendment. These comments (by Council mem-
bers) were printed in our minutes of April 25, 1984. The Charter
Commission also discussed transition from the present format.
At the May 23, 1984, meeting, the Charter Commission passed un-
animously the even year only amendment and directed the City Staff
to prepared documents for submittal to the City Council. Prior to
the vote, discussion centered on the length of the mayor's term.
The consensus of the Commissioners was for the voters to be able to
vote for a majority of council members every two years. This capa-
bility is in the present Charter format. Thus, the mayor's term
would be two years and Council members would be four years. Discus-
sion was held on publicity. This issue had been before the Charter
Commission for over six months, regular P.R. notices had been re-
leased, yet no public support or opposition had materialized on this
significant issue.
On June 14, 1984, a comprehensive article was published on page one
of the Brooklyn Center Post. This newspaper article covered in
depth our deliberations and actions up to date. In the fall Park
and Recreation newsletter, which is delivered to every home in
Brooklyn Center, there were several paragrphs devoted to this issue.
The City Staff reported only a couple calls and they were only
clarificational.
Because of budget hearings, etc., the City Council did not take up
this issue until the November 19, 1984, meeting. Chairman Escher
gave a presentation at the first hearing to the Council and answered
several questions of Council members. The Mayor and the Council
thanked and praised the work of the Charter Commission and they
voted to publish the amendment in the Brooklyn Center Post.
HISTORY OF BROOKLYN CENTER CHARTER COMMISSION ELECTIONS AMENDMENT
PAGE 2
Chairman Escher was contacted on November 25 by Tony Kuefler on
behalf of the Citizens for Better Government. His request was
for a special meeting with the Charter Commission regarding the
elections amendment. Chairman Escher reported this request to
the Charter Commission on November 28. After discussion, Chairman
Escher was instructed to decline this invitation because of the
Open Meeting law and the issue was before the City Council and
was no longer being considered by the Charter Commission. This
motion passed unanimously.
At the City Council meeting of January 28, 1985, the Council held
the second hearing on the elections amendment. Three members of
the C.B.G. (Dave Skeels, Phil Cohen, and Tony Kuefler)spoke to
and presented the Council with a position paper addressing the
elections amendment. The paper critized the Charter Commission
for not being more aggressive in soliciting input from them and
the original Charter writers. The Charter Commission was further
critized for bringing this issue before the City Council instead
of the voters. These C.B.G. members felt the mayor's term was too
short. They also felt that electing a majority of the Council
every four years (instead of 6 at present) was too often. It
should be pointed out, at the C.B.G. meeting in early January,
1985, this paper was presented to the membership for adoption.
Since a quorum did not exist at this meeting, the position paper
was not adopted as a C.B.G. paper. Following the presentation,
the City Council voted 2 -3 and referred the elections amendment
back to the Charter Commission. Nyquist and Lhotka voted in favor
of the elections amendment; Scott, Theis, and Hawes voted against.
Since the next Charter Commission meeting came only two days after
the Council meeting and not all commissioners could be present at
the Council meeting, it was agreed to read the C.B.G. paper and
discuss it at our next meeting.
On March 27, 1985, the Charter Commission met to discuss further
action on the elections amendment. Dave Skeels and Phil Cohen
spoke to the Commission. They reiterated much of their City Coun-
cil presentation. Following, the Charter Commission discussed
their options: (a) table the amendment indefinitely; (b) forward
to voters for referendum vote; (c) study at Commission level;
(d) refer to a sub committee for more study. After discussion,
the Commission decided upon option (d). Chairman Escher appointed
five Commissioners to serve on this sub committee. They were
asked to report back to the full Commission on October 23, 1985•
Through the spring and summer of 1985, the sub- committee worked
on this issue. They mailed a questionnaire to 85 mayors and coun-
cil members in the surrounding communities. The questionnaire
asked: (a) What is the current length of term for mayor and
council members? (b) What is your preference as to odd year, even
year, or a combination election? (c) What is your preference in
regard to length of term? (d) Has your community changed terms of
office or election year within the past ten years?
HISTORY OF BROOKLYN CENTER CHARTER COMMISSION ELECTIONS AMENDMENT
PAGE 3
The questionnaire further asked council members for comments and
reactions to these questions. The sub-committee reported a 64%
response rate. Of those responding, 52% favored even year elections,
37% favored odd year or every year elections, and 11% of those
responding offered no opinion. The main reason given for favoring
odd or every year elections was keeping local politics separate
from national politics. The reasons given for even year elections
were: (a) higher percentage of people voting; (b) elections re-
flected the community better; and (c) monetary savings.
The sub-committee reported to the full Commission on October 23,
1985• They listed four recommendations: (a) The City of Brooklyn
Center change from odd and even year elections to even year
elections; (b) Council members' terms be changed from 3 years
to 4 years; (c) The Mayor's term be changed from 2 years to 4
years; (d) The citizens of Brooklyn Center vote on this issue at
the general election in November of 1986; (e) The City Clerk be
instructed to prepare the necessary wording changes to Sec. 2.03
and Sec. 4.01 of the Charter to implement these changes. And fur-
ther, the Charter Commission Chair be directed to forward this
amendment on or after June 1, 1986, following public notification
to the citizens of Brooklyn Center of the Charter Commission's
proposed amendment.
Considerable discussion followed (details in minutes of October
23, 1 9 8 5) this motion, On the vote for the election amendment,
ten commissioners voted in favor and two opposed; the amendment
was adopted.
At the January 22, 1986, Charter Commission meeting, Chairman
Kueng appointed a sub-committee to plan a public information cam-
paign on this issue. The sub-committee held its first meeting
on February 18, 1986. They decided to use all of the various
public media in this area and to seek participation in the candi-
dates' forums held in the fall. Committee members were assigned
projects and research in preparation for their report to the
full Commission on April 23, 1986.
CHRONOLOGY OF ELECTIONS AMENDMENT
Nov. 8, 1983 City Election: 586 citizens vote. Voter turnout
3%. Dissatisfaction of present system expressed
by election judges, citizens, City staff, and
Council members.
Dec. 7, 1983 Charter Commission asks City Staff to comprise
data from recent Brooklyn Center elections and
data from surrounding communities.
Feb. 1, 1984 Charter Commission receives election data from
City Staff.
Mar. 28, 1984 Charter Commission begins formal discussion of
even year only election amendment.
Apr. 25, 1984 Charter Commission interview committee reports.
Formal discussion continues.
May 23, 1984 Charter Commission passes unanimously the election
amendment for transmittal to the City Council.
June
Aug., 1984 Media articles appear in Brooklyn Center Post and
City Manager's Newsletter.
Nov. 19, 1984 First reading of amendment by City Council.
Dec. 6, 1984 Publication of amendment in Brooklyn Center Post.
Jan. 28, 1985 City Council defeats amendment 2 -3, remanding it
back to Charter Commission. C.B.G. members
distribute position paper.
Jan. 30, 1985 Charter Commission meets to discuss C.B.G. paper
and further action.
Mar. 27, 1985 Charter Commission appoints sub committee to fur-
ther study and submit recommendations.
Oct. 23, 1985 Sub committee reports to full Commission. Charter
Commission accepts their report.
Jan. 22, 1986 Charter Commission appoints publicity sub committee.
Feb. 18, 1986 Publicity sub committee meets to prepare publicity
strategy.
LeFevere
Lef ler
Kennedy
O'Brien
DraNvz
.k Prolesslonl
.association
2000 First Bank Place West March 3, 1986
Minneapolis
Minnesota 55402
Telephone (612) 333 -0543
Telecopier (612) 333 -0540
Clayton L. LeFevere Mr. Gerald Splinter
Herbert P. Lefler City Manager
J. Dennis O'Brien
John E. Drawz City of Brooklyn Center
David J. Kennedy 6301 Shingle Creek Parkway
John B. Dean Brooklyn Center, Minnesota 55430
Glenn E. Purdue
Richard J. Schieffer
Charles L. LeFevere RE: Charter Amendment
Herbert P. Lefler III
James J. Thomson, Jr.
Thomas R. Galt Dear Jerry,
Dayle Nolan
Brian F. Rice In our phone conversation of the other day, you asked
John G. Kressel
Lorraine S. Clu about the procedures to be followed in the event an
Ja s M. Strommen amendment to the city charter is proposed by the charter
H. Batty commission.
P. Jordan
Susan Dickel Minsberg
Kurt J. Erickson The adoption and amendment of city charters is governed
William R. Skallerud by Minnesota Statutes, Chapter 410, and the important
Rodney D. Anderson
Corrine A. Heine procedural points connected with a commission- initiated
John R. McDonald, Jr. amendment are as follows.
David D. Beaudoin
Section 410.12, Subdivision 1 The charter commission is
authorized to propose amendments.
Section 410.12, Subdivision 4 (a) Amendments are
submitted to the voters at a general or special election
and published as in the case of an original charter.
(b) The form of the ballot is fixed by the city council.
(c) 51% of the votes cast on the amendment are required
for its approval.
(d) The amendment, if approved, is effective 30 days from
the date of the election or at such other time as is
fixed in the amendment.
Section 410.10, Subdivision 1 (a) Upon receipt of the
proposed amendment by the clerk, the city council must
submit the question of approval of the amendment to the
voters (i) at the next general election occurring in the
city or (ii) if no such election is to be held within six
Mr. Gerald Splinter
March 3, 1986
Page 2
months the amendment must be submitted to the voters at a
special election held within 90 days after receipt of the
amendment by the clerk.
(b) The charter commission may recall the proposed
amendment at any time prior to the setting of the date
for the election, and the city council may permit recall
of the amendment at any time prior to publication of
notice of the election.
(c) Notice of the election is published once a week for
two successive weeks in the official newspaper.
(d) If the amendment is rejected by the voters the
commission may probably propose the same amendment again
although this is not really clear. It is clear, however,
that a second proposal differing in any substantive way
from the first could be resubmitted by the commission.
The procedures for certification and filing the amendment
with various officers is set out in Section 410.11.
There are other ways in which a charter amendment may be
proposed by petition and by the city council, but those
are not discussed here. The procedure described is,
however, the only way in which a charter commission may
propose an amendment.
I an enclosing, for your general information, a League of
Cities publication on charter commission procedure which,
while old, is not outdated and is accurate.
Ve ruly yours
1� vid J. Kennedy
DJK:jdn
Enclosure
CC: Mr. R. J. Schieffer
-g-
The charter commission may recall its proposed charier at any time before the
council has fixed a date for the election and the council may authorize
the commission to recall the charter at any time prior to the first
publication of the proposed charter. The complete charter must be contained
in the notice of election which must be published once a week for two
successive weeks in the official newspaper and may be published in any
other legal newspaper in the municipality.
The charter campaign. Charter commission members have differed in their
views of the role of the charter commission and its members in the charter
campaign. There is nothing in the law which gives the commission any
responsibility after the charter has left the commission's hands, nor is
there any express restriction either. Some charter commissions have been
the principal sponsoring organization for the charter; its members have been
responsible for publicity and have made many public speeches in the charter's
*iehalf. In other cities the commission as a whole has kept aloof from the
campaign, though sometimes individual members have participated personally.
Since there is no statutory provision on the subject, what is done by the
commission members will depend on their own perception of their appropriate
role. Surely no group is likely to be better informed about what the charter
contains and why particular provisions have been included or omitted, and
none is likely to be as interested in the charter election.
No outsider can give much advice as to the campaign which should be conducted
in favor of the adoption of the charter. Local conditions and the sort of
opposition which develops will determine what needs to be done. Two points may
be stressed, however. (1) Over confidence of supporters frequently results
in the defeat of a charter. The opposition may be more effective and noisy,
and it is no easy task, especially at a general election, to get the necessary
majority to vote in favor of the charter. (2) Absolute frankness and honesty
about the contents of the charter go a long way toward disarming any opposition.
Throughout its entire proceedings, the commission should follow the policy of
letting the public know exactly what is being done and of asking for public
cooperation. If this has been done, there will be less opposition manifested
during the campaign.
Election. Form of ballots. (M.S.A. 410,10.) The expense of a charter
election is borne by the city. Presumably, the ordinary rules as to the conduct
of elections will apply, but the statutes add the following provision: "if the
election is held at the same time with the general election, the voting places
and election officers shall be the same for both elcticns .The ballot
shall bear the printed words, 'Shall the proposed new charter be adopted?
Yes No,' with a square after each of the last two words, in which the voter
may place a cross to express his choice. If any part of such charter be
submitted in the alternative, the ballot Phall be so printed as to permit the
voter to indicate his preference in any instance by inserting a cross in like
manner, A sample ballot would therefore take somewhat the following form:
lin first class cities publication must be made in a newspaper having an
aggregate regular paid circulation of a least 25,000 copies.
LeFevere
Lefler
Kennedy
O'Brien
Drawn
A Professional
1ssociation
2000 First Bank Place West March 6, 1986
Minneapolis
Minnesota 55402
Telephone (612) 333 -0543
Telecopier (612) 333 -0540 Mr. Gerald Splinter
Clayton L. LeFevere City Manager -Clerk
Herbert P. Lefler City of Brooklyn Center
J. Dennis O'Brien
John E. Drawz 6301 Shingle Creek Parkway
David J. Kennedy Brooklyn Center, Minnesota 55430
John B. Dean
Glenn E. Purdue
Richard J. Schieffer' Dear Jerry:
Charles L. LeFevere
Herbert P. Lefler III Enclosed ou will find a co y
James J. Thomson, Jr. Y copy of m letter of Januar y
Thomas R. Galt 23, 1980 about the special election for the park
Dayle Nolan improvement bonds which, in its final section, contains
Brian G Rice a discussion of the extent to which the City Council
John G. Kressel y
Lorraine S. Clugg can become involved in a special bond election. Also
James M. Strommen enclosed is the Attorney General's opinion quoted in
H. Batty the letter.
n P. Jordan
Susan Dickel Minsberg
Kurt J. Erickson The law on this matter has not changed. In fact, a
William R. Skallerud recent New York case reaffirms the position set out in
Rodney D. Anderson
Corrine A. Heine the Attorney General's opinion.
John R. McDonald, Jr.
David D. Beaudoin
rs very truly,
David J. Kennedy
DJK:caw
cc: Richard Schieffer
ate: Y
LAW OFFICES
LEFEVERE, LEFLER, PEARSON, O BRIEN DRAWZ
CLAYTON L. LEFEVERE 1100 FIRST NATIONAL BANK BUILDING
HERBERT P. LEFLER MINNEAPOLIS, MINNESOTA S5402 BROOKLYN CENTER OFFICES
CURTIS A. PEARSON 610 BROOKDALE TOWERS
J. DENNIS O'BRIEN TELEPHONE (612) 333 -0543 2810 COUNTY ROAD IO
JOHN E. DRAWZ BROOKLYN CENTER. MINNESOTA 55430
DAVID J. KENNEDY 16121 561 -3200
JOHN B. DEAN
GLENN E. PUROUE
JAMES D. LARSON RICHARD J. SCHIEFFER
CHARLES L. LEFEVERE
HERBERT P. LEFLER. III
JEFFREY J. STRAND
JAMES P. O'MEARA p
MARY J. SJORKLUND January 23, 198
THOMAS D. CREIGHTON l
WENDY L. FREEDMAN
Mr. Gerald Splinter
City Manager
City of Brooklyn Center
Y r
6301 Shingle Creek. Parkway
Brooklyn Center, MN 55430
Re: Special Election for Park Improvement Bonds: Procedures
and Comments
Dear Gerry:
You have asked me to prepare an outline of procedures to be
followed in the conduct of a special election at which the voters
of the City will be asked to approve the issuance of general
obligation bonds to finance park improvements. The steps involved,
togethe� with comments and forms follows.
N ii
1. olution Calling Special Election. The bond issuing
procedure is i itiated by adoption by the council of a resolution
calling a speci election, fixing the date therefor, stating the
form of the quest n to be voted upon and the form of the ballot,
and providing for t %quetion ct of the election. (See Form No. 1.)
The special electio held either separate from or on the
same date as the relection. The adoption of the resolution
is by Council initi the Council is required to call
such an election on tion, not submitted to the voters
within the precedin s, upon receipt of a petition
signed by a number s e al to 200 of the votes cast at the
last regular City e. 2. Conduct oon: S Judges. The election is to
be conducted in the same manner as oth r municipal elections. The
polls must remain open for at least thr hours, and the hours
set for the last municipal election contr unless different
hours are specified in the resolution calli the election. The
election judges and officials are those appoi ed for the last
municipal election unless new judges are to be pointed. The
polling places too are the same as the preceding e ction.
LAW OFFICES
LEFEVERE. LEFLER, PEARSON, O'BRIEN DRAWZ
Page Three
Special Election for
Park Improvements
he Council should then declare the results of the canvass by
solution. (See Form 6.) The Clerk must certify the results of
th election to the County Auditor. No contest of the results of
the lection may be brought after seven days has elapsed since the
adopt 'on of the canvassing resolution----,------
7. Sale of Bonds: Limits on Resubmission. Bonds authorized
at the sp cial election may be issued and sold at any time after
the contes period has passed. The authority granted by the voters
remainsin e ect for at least two years under the cases decided by
the Minnesota Supreme Court. The question of issuing the same
amount of bond for the same purpose may not be resubmitted to the
voters for-s nths, and if defeated at a resubmission may not
then be again su itted to the voters for one year.
8. Note on D'scount Bonds. In times of high interest rates
it is often necessar for a City to offer for sale bonds representing
interest only, in addit'on to the amount of principal actually
needed to finance the p oposed projects. Under this technique X
in bonds are offered for minimum price of Y and any amount
less than X paid_:for___the bonds _in effect, a discount which
increases the effective int est rate on the bonds but allows the
underwriter to cover his cos of marketing the bonds. (The
City's financial advisors will recommend the amount of discount.)
The discount bonds may be issue in an amount not exceeding two
percent of the amount authorized t the election. Thus, if the
voters approve X the City may is ue and sell X plus .02 X in
bonds. If the proposed project req ires this, the City staff and
Council should be prepared to explai the procedure prior -to the t
election and should probably indicate that it is a possibility in
the informational material prepared fo the election.
The above procedures are spelled out in City Charter Chapter 4
and Minnesota Statutes, Chapters 205 and 4 5. I have omitted
citations, but can supply them if you desir -I'm sure Al Lindman
and Paul Holmulund are quite familiar with t e basic election
process, and that the three of us together ca handle any further
que that might arise.
You have also asked for our opinion on the q estion of what t
the City Council and staff can do in terms of. info ing the voters
about the pros and cons of the election itself. I t ink there is no
clearer statement of the legal principles involved in his question
than the Attorney General's opinion I have attached, an I commend
it to your reading, particularly the quotation from the w Jersey
case on page 146.
Fir
LAW OFFICES ,rI
LEFEVER E, LEFLER, PEARSON,O'BRIEN DRAWZ
n
Page Fourier
Election for
.Special E
Pa]' k ip'r'ovemenLs
While the rule is well stated in the quoted opinion its
application to specific fact situations is a bit more difficult.
It seems to me that the guidelines the City should follow based on
that rule are as follows:
a) Any expenditure of funds or staff time -to fully
inform the purpose of the
election, the use of the funds to be obtained
by-the bond sale, its potential tax impact, the
relation of the proposed projects'to the City's
recreational plans and the rationale of the
Council's decision to ask for voter approval is
permissable.
b) Members of the Council and City staff are free, just
as other citizens, to advocate the passage of the
proposal.
c) The City may not expend public funds or utilize
staff time to prepare material or circulate material
prepared by itself or other urging a yes vote at
the election.
d) The City may make available to others any data in
its possession bearing on the issue to be decided
at the election for use by any person or group in
performing material or conducting a campaign for or
against the proposal.
h
e) Any doubt about the propriety of a suggested cause
of action relating to the dissemination of information
about the election should be resolved by not taking
the action; that is, a conservative approach to the
question should always be taken.
I hope thaw: k_ a and the
Council. I would, of course, be happy to review any material
prepared by the staff for use in the election, and to answer
questions about specific actions proposed.
Yours very truly,
David J. Kennedy
DJK:caw
Enclosures
cc: Dick Schieffer
.ate
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t x ,+fie ..t ..'G`#''� .:,y.,,. c �.t�ts•i a- 4�' 3 r `Y d v
SCHOOL HoAM ISSUls
4, rs• =r 1i�ctrool i• i t SNP
b oards' >say expend reasonable amount of school d :strict
funds to ispsttially Place' Pertinent facts before vote"
..WA ears ma
y orally espouse aifirmatiw cause, but cannot
strict funds to
eabool di promote an affirmative vet_ .e an
p r o posal
trs ,7A_'+P t :.�lh f r,� �+�e4��r.a iY' -`i< i� sr� w.';� }S {Y 11,
I J
r t -a 4r'°., r .:ti:. pr,
Y
!Messrs Dal:.rtX, Rab1e i Sutler
J►ltar=reys tsar den! aatiro�i o District so. 197
F. 1000 First vatio�taelt euildift
zaLat Paul. Minnesota 1 s101
Iwo l
Mi—
r �'b,' 'ro gTrf r Y t <s? �'T. r a, e^ 1.F 11+.`.
�I:� .iry �(,�.P`1i '�r� _a�+.' j 7 :•�''`�FafS ,r r ',�e. a 3!:.
to Atterney K1 tt
sotoast as opiaia
FAC"
>eealy+Deot Scsool District M, 197 cscvioducted
as elect oar tbs a uthority to issue bonds for "Veovmet
am Construction of
t wools e Prior t0
and 4y l" the
000sss he eleotia '"Weiqp presentations to various citi"M e M.
P cad• by stets of tbs Board
r at
t
a the s+w pes trod certain literature was pablisbed.
J► eaopy of a laot took is seaolosed
y 9'"bis vas published
at the *Mpeft a of tare Board. 2a addition aootber bro
dhure w• Published entitled •Why? ochry of this also
is ez�aloseel. !!a cost of publication of this was borne
tba �cg iaRa Aft aged as tinwiciol consultant for
district. lire oast vas paid !as the
sctrool diet�rivt. l�at Will ooh an the r"'"6 t IS of
OLS rocbw* e ollov
b the t ew urge you to Mote Yea
tAe Y� Farr S, 1961.• under that are lusted
of the towd of &Jucation.-
yt
sentaticae to Ritis
"�oosin eotion way mal
r Y' b D owd of an nd iadepsrA*nt +drool dist�riet
the pessaQe of a bowl issue for the om4tsuo
r �+ditioattoer, eto. of sabo"s?
_;1�.� m ys fir" r •t r 2• -q. a y��c 1 'f
X t F MT9
$an! =y' Tom. s: r «.-S J'° ar.F c `d ry3' c4
q f s �.3k y, u r K vC 1 tom. 1 s v f F. p.
s uM
i4, �,y� .f x s •v f Y: s v 3 rat• xt :3
4
ra 'alt 3' i j V�•T
May 24 p' 19"
�f.� y 'rte° �r' -•�4'" r
i nmeief `tom
iavolviry tba question eat
awavO Of b00ds for the 401lstrgCti3O0.
od ificatieft
1 *to. of adwole or an independent
t moo dia tar
iots
pay tM maii•,:k�
coat of lila;;(nre pariatad at the expense of
wb1cb literature Urges in the UUM of tM
Y sc�ooi baasd or "huwisa the passage of the
*lars>a� ao tang w tba expeoees are reasoazsbla?
DWUV the aompaign iaaoleitx) the gneafitoa of the
4 k
y isenanor of bands loot the coisetruation. Owificaq-
Ri4a• eta• Of eoboo na an
diatslvt paY lists 004t; Ot
s tLa 1te�ratwe
t :Mall •a zlbw.. O"t of literat vA idh y Q Win.. L s is
r i tba Ave of tba #GbOOl Ooerd or
�a1Mgo Of the bead iaeue. 00 long as tba�e the
�ak z k c
QUMMTZOM
�antly syssas+dl ed the above captioned
matter aOW It &PPOW a that the Owvvpt prftiaes act doe.
act ��pp1! to distrlot elaotions.
200 Iowa. a7. 2a additloa Clio
t
ter oo" apron to aedb
by
FA
�iaat o hoar isit wi its
r t1et0
r additi0ll, M• nave axaoiasd pDiaioAS of tho
dttosney Qemearal lf9�b -11 dated September 17 1037 aaa
159a•3 date! me 130 19d2 WUO. in our opinion do aft i�c loc Aes+aia aekad linaliy, w know that
Man MUG of OW toa" bave felt restricted by a
Valid or not, that tbey were preciudad ft-
"Ch an lawn either orally or by
emus i% i1 eon viral tba! so an as the exq�qnsas are ran
two aboaid bo ue avcb 1laitatioe aith+wr as to oral
eaeatatieaa at boos by literature paid for by a
osl 4letsiot. �anaws is oat clear. it would_
tMt as !Aa daasd tbori to seem "a aa
.a. it zooid
be •hound to �vooab that v w a it paroa�tl ata
=ld b air epaoifia� restriction agalnst
2lioa�� owe of the dist:ivt
4140 106100 1l be anablo to vepo�aar y
the coral.• itself Which bas epoasoar"
L
fir a O L.,'•
tjt�F,�r..:�rr'�•:.'�,..._� 'i. 'f Y".t. `+..ms's 'H4j .n�
r
�•s .�f^ �_TY,T >xSk Vii >T.�T•... -..�R.
a ftraale --a Pay 24, l ess
As stated is Cps* Atty. Gen 1590 -3 May 2s, 1962 and 1S9b -li,
Beptar■�ea< 17. I9S7 (Copies enclosed) a school board may mad a
seasaanable anoint oe sahool district fuWs to appri" the voters
the diitriot of tarts pertinent to the pacoposa1. You ask wbethe r
04 bond aras 9's` 1hrut1ber that and include in sucb fae=taoal sue-
aiasiao a ttates"tf "Wi _Ws Y" to ,vote on TwsdaY, tebaruary a,
119 and the names of the Board of Education listed tbdC" aade=o
it bas been bold that a aaaunicipal corporation lacks autboarity
to anew oar appropriate funds for the conduct of a
r oas8+sign to secure a lavarable vote an a proposed boars! Lorne.
$4 C.J.B. ON"Laslpsi Corporations• s 1833, V. 3431 15 lbpailiia.
i
1 4find ipal CoaeporationsO (3d Ed.) f 39.21. In sIND sM X eit: of
165 •.B. 129 (111.), the court stated*:
OThe amended bill a barges, and the demurrers advit,
that the advertising of wbich ampiaint is =de did not
to be an iaa�rt:%l states�.ent of lavts few the
chance atiou of the voters,, but that it was an attNpt.
partisan !a Its ustrnce, i s induce the voters to sat
tavarably up* the bond imam" submitted at the eleftion.
fte ocesbduat of a sign. before an electi on p for the
pnspode of ensrtiag an influence upon the voters is not
the exercise of an authorized aumleLpal function and
Awae is cot a oexporate purpose of the nuniaipalitr.
3iote particularly appropos is the case Of
98 Ati. (Td) 673 (N.J. op. by
JW99 Wa J. 8reoeMn jC., am Associate Justice of the V. 9.
Beapsa Coust), were the sebool board put out a tactual Oboot cos
a ea tool bond issue to be voted upon cad it placed an the oovw
am on two of the pogo$ the words Ovate Too' and 'Mote Yes
of as 1952' and fkrtb*s it included an entire page of
a r9++0at as to wMt will happen It the bona proposal ,tail*.
ry+{
a- xfwt_Y a�i.;f;r r,. t+sW 5*- _t ••F a;..5.r .,F' y s^. +q� "�`'.YK3W -i`•`1 1
AVW
arty, *Mble --a4 Pay 14 19"
a Wntlee
qPbeld the right of the zaard of idoaation to present
(acts to the voters. Zt Wwm staled (pages 4107-479)s
Bet the d•faodant board was not content
Ya is pseaent the teats. The sodsosrtatioo 'able
repeated as three pages, and the dire Conse-
gWMG*S of %M failure so to do are over- draMtised
40 Is p0g ZqpcWu*W above ZA tbSt WaVAW! tU
board made we of
pffisliQ fmsrds to advocate one side
only of the controversial pueotun witbout affording
the dissenters the opportmaity by mans of that
financed sodium to presant their side, and thus
I; imperilled the propriety of the entire expenditure.
The La funds entsnsted to the board belftV equally
JWopoan.4ts and opponents of the propoeition,
and the tee of the lands to etaanoe not the presentation
h a of facts mer oLy but also
argvwnts to rsnade the
voters that MIL on side bas merit, gives the d
term Just came for laMi e�d it�i e
1s then not tiithia the is led Power aW 3s not lawful
a
In the absence of eoWess authority from the t""-
lature• •a
4
'W do =Mot mean that the public body formulating
x P"gr" If otb*mise restrained from advoaatb q
r v and espousiaq its adoptL= by the Voters. Indeed, as
JA the metre( case, wh" the program represents the
body's j1dqmot of ghat is required in the effectttive
p discharge of its respoaasibility, it is
not only the
siIht bat peftaps tbo duty of the body to endeawr to
secure the "amt of the voters thereto. "a Question
we ate Qonsl4w nq is simply the extent to and maiu'er
14 n+hi the t=46 may with Justice to the rigbts of
diesentwo bs hhod ed for espousal of the voters'
apptorsl of te 's
f jtdgseal. ltveu this the hod
Y
may do w �it?sia� m is limits. The reasonable expense,
all le, the conduct of a public for at which
all x, m a d �"d �fr•ely es�aceon their views pso and 000 propw. The same may be said o7t
reasonable s havered tar radio or televisioa
btoadcasta the fora of debates between( propmeats
the diffearimq sides of the pecapoeition tt is the
SIC itnare !t poblio tusds in sappanrt of 10" side may
mweMr stab Ives the dissenters no opponrtunily
pro*"* !'l�oit side Vich is outside Of pale.'
a
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.t•Y j'ftf4 �iv��i� ii b ra.
!t *i�IrN ~Law Maur rwest�
eta. 11Nis droisie� v�euld
be is
Lisaasy wl now awe"
'mow 1� eihe
rsd Vr must tbeftfam QiM you a gatiw
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to tow qm6*tlaa. sad t
t.S'� .�''4� M'Sf. 1�' fW vi S I 1. r'.. Y:
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W d a6V*Mt'l &"C*n et a road iesur. Ao*ftd1Ag3.Y,
t� of yew affLnm'6 writ.
�K c w,tt, dr`>;''r r+Y• r 7 te. r .rt •r i jrt
w {ST~�,y9r, �Y Yt�"iT f �1 ►{F 't ''M t +R. �t� a� Y e..• I u
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4 1 6•,t I s a .a ��s S s o
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4 q x i, l �i a'f •v �.'S ,v~ r haJ' s. s "rt h� �t.. i 4 +r X� �r� :.•��',te r t ti t `C 2
3" t f� !r I d 1 .aii��j.•'1 ..r o r !t. t e-
Ae•ioUat Atto=eY Z
ff
�'s}" •a {''yy 1 ter? r 1,
I
S
January 7, 19
Mr.' Pphil. C61
5302 Humboldt Avenue North
Brooklyn Center, M 55430
Dear Phil:
I have reviewed with my staff the method of meeting notification used by
the Carter O mission relating to its election subccardttee, other
subc IMittees and its regular and special meetincd,a.
A member of the Garter O mission or their secretary generally calls my.-
office and makes arrangements for a meeting rocxn for a ,given date and
time. My office then its the date, time and location can the City Hall
bulletin hoard located in the main lobby. We also list the meetings on
the character generator for cable TV Channel 7. For notice purposes, .W
have not in the past differentiated between full commission or ccmnittee
meetings or subcommittees. If it is a subccmittee meeting, it appears
on the bulletin board and cable TV in the same manner as a full ccxmrittee
or commission. The reason for this type of posting is limitations on
space available on the bulletin board.
The subcc=riittee on elections meetings of April 25, 1955 and September 23
198, 4 1rwould have received the standard public notice described above if
they were held in City Hall; and I understand they were. We do not keen
a
permanent record of the meetings c+-- past.
I hope this infonration will satisfy your questions. If it doesn't,
please let me know. 'Thanking you for your interest I am,
Sincerely,
7
al. G Splinter
it ger
CITY OF BROOKLYN CEl''►'ER
GGS sk
cc Donn Escher
i
CITY
OF 6301 SHINGLE CREEK PARKWAY
BROOKLYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
CENTER
November 18 1985
Kr. Phil Cohen
5302 Humboldt Avenue N.
Brooklyn Center, NN 55
Dear Mr. Cohen#
The purpose of this letter is to respond to your November 4, 1965s
request for information. I apologise for the delay in responding,
but I did not receive your letter from City Hall until last week.
Enclosed are copies of the sooting minutes you requested# the
October 23, 1985 Charter Commission sooting held at the Civic
Center, and the klectionr Sub Committee meeting` for April 25,
1955 and haptetaber 23, 1985 held at City Nall.
Both the Charter Commission and the Elections Sub Committee gave
public notice of their meetings in the usual wanner by notifying
City hall staff who make the arrangements for weeting space and
public notice. 1 have requested the City Manager to determine
what specific method hie staff used to give public notice and to
inform both you "aye as soon as possible.
Sincerely,
4 onn Eicher
Chairman
Brooklyn Center Charter Commission
ob
Encl s.
acs &lTe i" rald G. Splinter, City Manager
Dennis Rueng, Elections Sub Committee Chairman
"'74c .So•KdluKg nt ezc &Zv
PHILIP COHEN
5302 HUMBOLDT NORTH
BROOKLYN CENTER, MINNESOTA
55430
November 4, 1985
Mr. Donn Escher, Chairman
Brooklyn Center Charter Commission
Brooklyn Center City Hall
6301 Shingle Creek Parkway
Brooklyn Center, Minn. 55430
Dear Mr. Escher:
I would appreciate the following records of the Charter
Commission Proceedings as well as the records of the
meetings of the Elections Sub Committee:
Minutes of the meeting of October 23, 1985
and information on how public notice was
given of this meeting.
Minutes of the meetings of the Elections Sub-
Committee and information on how public notice
was given of these meetings. Also where the
meetings were held.
It would be good if I could have this information within
the next two weeks.
Thanking you for your assistance, I am
X my yours,
�o�h�n
PC /P
CC: Jerry Splinter
City Manager
CITY 6301 SHINGLE CREEK PARKWAY
OF
:ROOKLYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
CENTER
EMERGENCY POLICE FIRE
911
Dear
This summer, you participated in a survey conducted by the Brooklyn
Center Charter Commission's sub- committee on elections. As you re-
quested, we are sending you the results of that survey. We hope this
information will be helpful to you.
It appears from the responses'to our survey that a majority of
the returns favor changing to even year local elections and longer
terms for both council members and the mayor. The cost factor was
only one of the considerations given by the respondents. Perhaps
a more significant reason expressed by a number of respondents was
the desire to provide the opportunity for a broader participation by
the electorate. This broader participation can be achieved by even
year elections. A longer term for both council members and the mayor_
can also better provide for continuity and would allow elected offi-
cials the opportunity to become more knowledgeable about city needs
and provide for better long range local planning.
Hopefully, the anticipated larger voter turnout will make it more
difficult for small numbers of voters to dictate the outcome of
local elections. A broader voter participation will also better
reflect the desires of the local community.
Therefore: The Brooklyn Center Charter Commission sub committee
recommends that the citizens of Brooklyn Center have the opportunity
to express their views on this significant change. Our intention
is to place, on the ballot of the general election in 1986, this
change for their approval or rejection.
Attached are the results of our survey and a'copy of that survey.
Si erely,
D nis B. Kuen
Cha i rperson'
Brooklyn Center Charter Commission
Sub- Committee on Elections
cb
Attachments
.,7 Mme
CITY
OF 6301 SHINGLE CREEK PARKWAY
B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
C ENTER
TO: Charter Commission Members
FROM: Carole Blowers
DATE: May 9, 1985
Attached please find a copy of the letter and questionnaire
that was prepared by the Sub Committee on the Elections Issue
which was sent to the current Mayors and Council Members of the
following metro -area cities on May 9, 1985:
Robbinsdale, Fridley, Richfield, Maple Grove, Golden
Valley, Crystal, Brooklyn Park, Brooklyn Center, Edina,
New Hope, Plymouth, Red Wing, Roseville, North St. Paul,
and Eagan.
This mailing involved a total of 85 people.
This mailing is being sent to you at the request of the Sub
Committee members to keep you abreast of the actions of this
committee.
If you should have any further questions regarding this letter
or questionnaire, please feel free to contact Dennis Kueng
at 566 -1038 Also note, his new work number is 627 -2897•
Attachments
"Ile .Soacet� y12 o�ce Lam,•
CITY
OF 6301 SHINGLE CREEK PARKWAY
Z:1FBR00KLYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
C ENTER
May 9; 1985
I
Dear
The Charter Commission of the City of Brooklyn Center is
seeking information and your opinion on the length of office
term of elected city officials. As you are an elected official,
we are soliciting your opinions in this matter and ask your
hlep in answering the following questions on the attached sheet.
Your reply is to be strictly confidential. Please do not
identify yourself by name. Use the enclosed addressed envelope
for your reply. Your reply by June 15, 1985, would be appre-
ciated.
Thank you for your valuable time and assistance. If you would
like to receive a copy of this survey result, please indicate
this in the appropriate space on the attached sheet.
Sincerely,
Dennis Kueng
Vice Chairman
BROOKLYN CENTER CHARTER COMMISSION
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Attachments
074s,um& mom„
QUESTIONNAIRE
1. Are you presently Mayor Council Member
What is the current length of office term in your city?
Mayor: Years Council Member: Years
3. Are your city elections for these terms held in odd or even years,
or both? Odd Years Even Years Both
4. In your opinion, is this satisfactory? Yes No
5. If you answered "Yes" to #4, please explain reasons. This is important.
6. If you answered "No" to #4, what would you prefer the terms to be?
Mayor: Years Council Member: Years
7. As an office holder, what is your preference and reasons on holding
elections in Odd Years Even Years
Reasons:
8. As a citizen, do you believe odd or even year elections are more bene-
ficial to the community? Odd Year Even Year
Reasons:
9. If terms of office or election year (odd, even) has recently changed
(within the last 10 years) in your City, please give your opinions as
to the benefits, reasons, and detriments this change incurred.
What, if any, problems arose during the transition period?
10. Your following additional comments and remarks will be appreciated.
I would like to receive a copy of this survey result. Yes No
Mayor Dean Nyquist
5637 Brooklyn Boulevard
Brooklyn Center, 14N 55430
Councilman Wm. Hawes
3612 53rd Avenue N.
Brooklyn Center, MN 55429
Councilman Gene A. Lhotka
6035 Lyndale Avenue N.
Brooklyn Center, MN 55430
Councilwoman Cecilia Scott
5509 Lyndale Avenue N
Brooklyn Center, MN 55
Councilman Richard C. Theis
3006 Thurber Road
Brooklyn Center, MN 55429
Mayor James Krautkremer l
6425 Shingle Creek Dr.
Brooklyn Park, MN 55445
1
Councilman Erick Engh
8224 62nd Avenue N.
ti
Brooklyn Park, MN 55428
Councilman Jerry Marshall
7538 Lee Avenue N.
Brooklyn Park, MN 55443
"T
Councilman 4obert O'Brien
8440 Rhode Island Dr.
r Brooklyn Park, MN 55445
J
F Councilman Ronald Slack
i
6808 Shingle Creek Dr.
Brooklyn Park, MN 55445
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O ncilwoman Margaret Snesrud
7849 Xerxes Ct.
Brooklyn Park, MN 55444
Councilman Jack Umland
8265 Scott Avenue N.
Brooklyn Park, MN 55443
Mayor Peter Meintsma
6709 46th Avenue N.
Crystal, MN 55422
Councilman Thomas Aaker
3344 Wisconsin Avenue N.
Crystal, MN 55427
1
Councilwoman Betty Herbes j
5W Idaho Avenue N.
Crystal, 14N 55428 I
Councilman Ronald Pieri
3300 Adair Avenue N.
Crystal, MN 55422
Councilman Adrian Rygg
3701 Adair Avenue N.
Crystal, MN 55422
Councilman John R. Schaaf
4908 Quail Avenue N.
Crystal, MN 55429
Councilman R. L. Smothers
5707 Rhode Island Avenue N.
0 rystal, MN 55428
Mayor Beatta Blomquist
4504 Oak Chase Road
Eagan, MN 55122
1
Councilman Thomas Egan
2 Inland Avenue
Eagan, DIM 55 1 22
I
Councilman James A. Smith
2070 Marble Lane
Eagan, MN 55122
Councilman Jerry Thomas
4895 Pilot Knob Road
Eagan, MN 55122
Councilman Theodore Wachter
4550 Blackha.wk Road
Eagan, MN 55122
Mayor C. Wayne Courtney
4313 Eton Place
Edj-n-a MN 55424.......
Councilman A. Charles Bredesen,III
4506 Sunnyside Road
Edina, MN 55424
Councilman Fred Richards
7225 Fleetwood Dr.
Edina, MN 55435
Councilwoman June Schmidt
7005 Bristol Blvd.
Edina, MN 55435
Councilwoman Leslie C. Turner
6701 Parkwood Lane
Edina, MN 55436
W or William Nee
219 Logan Pkwy.
Fridley, MN 55432
Ccilman,Robert L. Barnette
5 Rice.Cr. Blvd.`NE
Fridley, MN 55432`
Councilman Edward Fitzpatrick,
5273 Horizon Dr. NE n
Fridley, MN 55421
Councilman Edward Hamernik V t
6740 Monroe St. NE
Fridle MN 55432
.Councilman Dennis L'. Schneider
6190 Stinson Blvd. NE r
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Fridley, MN 55
Mayor Mary Anderson
#0 Scott Avenue N.
den Valley MN 55422
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Councilman Larry Bakken
23 Kyle Avenue" N
Golden Valley MN 55422
Councilwoman Gloria Johnson
4200 Golden Valley Road
Golden Valley, MN 55422
Councilman Ray B. Stockman
4216 Poplar Dr.
Golden Valley MN 55422
Councilman David Thompson
1319 Zealand Avenue N.
Golden Valley, MN 55427
4
Mayor James Deane
9228 Rice Lake Road.
Maple Grove, MN 55369
Councilman David Burtness
&35 107th Avenue N.
I
Maple Grove, MN 55369
Councilman Charles F. Dehn
6855 Dallas Lane
Maple Grove MN 55369
Councilman Donald Ramstad
6236 Orleans Lane
Maple Grove, MN 553
Councilwoman Donna Ryon
13680 63rd Avenue N.
Maple Grove, MN 55369
i
Mayor Edward Erickson
8216 49th Avenue N.
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Hope, MN 55428
Councilman George Daly
9315 59th Avenue
New Hope, MN 55428
Councilman W. Peter Enck
9000 47 Avenue N.
New Hope, MN 55428
Councilman Gerald Otten
2724 Zealand No. 1
New Hope, MN 55427
Councilwoman Marlene Williamson
3501 Flag Avenue N.
New Hope, MN 55
i
1 0ayor William Sandberg
2825 N. Division St.
No. St. Paul, MN 55109
I
Councilman Ralph D. Corwin
E. 19th Ave.
No. St. Paul MN 10
55 9
Councilman Wylie P. Haukland
2073 E. Eldridge Ave.
No. St. Paul, MN 55109
Councilman Curtis Johnson
2302 E. Skillman
No. St. Paul, MN 55109
Councilman James Stahlmann
2446 E. 1st Ave.
No. St. Paul, MN 55
Mayor David Davenport
Plymouth City Hall
imouthm 5547
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Councilman Dave Crain
5020 Forestview Lane
Plymouth, MN 55442
Councilwoman Patricia Moen
2205 Anthus Lane 4.
Plymouth, MN 55447
J
I
Councilwoman Patricia Hoyt Neils
3890 Orleans Lane
Plymouth, MN 55441
Councilman Virgil Schneider I
11520 54th Avenue.
Plymouth, MN 55442
t
tyor Ed Powderly
514 Grace St.
Red Wing, MN 55066
Councilman Joseph W. Anderson
q ute 2
d Wing, MN 55066
Councilman Romeo
1263 Foursome I
Red Wing, MN 55066
Councilman Herbert Goldt
1315 Chestnut St.
Red Wing, MN 55066
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Councilman John Kilbride
1546 Bush Street
Red Wing, MN 55066
Councilwoman Nancy Harris
1204 S. Park St.
Red Wing, MN 55066
Councilman Don Regelman
1123 Oak St.
Red Wing, MN 55066
Councilman Harold Rinker
1723 Reichert Ave.
Red Wing, MN 55066
Councilman Mark Ryan
1 326 S. Park
Red Wing, MN 55066
Councilman Kenneth Thomforde
139 Fairview Lane
Red Wing, MN 55066
W ayor John Hamilton
7220 Harriet Ave S.
Richfield, MN 55423
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Co ncilman Howard A. Bunce
Sheridan Ave.
Richfield, MN 55423
Councilman Martin J. Kirsch
6725 Penn Ave. S.
Richfield, MN 55
Councilman Ivan Ludeman
6304 Harriet Ave S.
Richfield, MN 55423
Councilman Don Priebe
7225 Bloomington Ave. S-.
Richfield, MN 55423
Mayor Ray Mattson
3818 Unity Avenue N.
binsdale, MN 55422
Councilman William Blonigan
4004 Quail
Robbinsdale, MN 55422
Councilman Donald L. Genereux
3 ?08 Beard Ave. N.
Robbinsdale, MN 55422
Councilman Mike Holtz
3816 Perry Ave.
Robbinsdale, MN 55422
Councilman J. Burton Johnson
3200 Drew Avenue N.
Robbinsdale, MN. 55422
Mayor June Demos
1850 Ryan Avenue W.
Roseville, MN 55113
Councilman Tom Curley
5 Westwood Village No. 2
Roseville, MN 551 �3
Councilwoman Polly Franke l
1 W Co. Rd. B
Roseville, MN 5511
Councilman Vern Johnson
1707 Lydia Avenue
Roseville, PAN 55113
Councilman Alvin F. Kehr
988 W. Co. Rd. D.
Oeville, TO 55113
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Councilman Tom Curley
505 Westwood Village No. 2
Roseville, MN 55113
Councilwoman Polly Franke l
1233 W. Co. Rd. B
Roseville, MN 55113
Councilman Vern Johnson
`707 Lydia Avenue
Roseville, MN 55113
Councilman Alvin F. Kehr
988 W. Co. Rd. D.
Roseville, PAIN 55113
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MEMORANDUM
TO: Dennis Kueng
Barbara Swart
Jean Schiebel
Michael Beauchane
Edward Commers
FROM: Carole Blowers
DATE: April 26, 1985
Attached to this memo is a copy of the proposed cover letter
and questionnaire as discussed at last night's sub committee
meeting.
Please review as soon as possible. If you feel there should
be any additions or corrections, please contact Dennis at
566 -1038 (home) or 627 -2897 (work).
Thanks.
Attachments
P.S. Also attached are copies of the minutes from the March 27,
1985, Charter Commission meeting.
CC: Chairman Donn Escher
May 1, 1985
Name
(Address)
Dear
The Charter Commission of the City of Brooklyn Center is seeking
information and your opinion on the length of office term of
elected city officials. As you are an elected official, we are
soliciting your opinions in this matter and ask your help in
answering the following questions on the attached sheet.
Your reply is to be strictly confidential. Please do not
identify yourself by name. Use the enclosed addressed envelope
for your reply. Your prompt reply will be appreciated.
Thank you for your valuable time and assistance. If you would
like to receive a copy of this survey result, please indicate
this in the appropriate space on the attached sheet.
Sincerely,
Dennis Kueng
Vice Chairman
BROOKLYN CENTER CHARTER COMMISSION
cb
Attachments
QUESTIONNAIRE
1. Are you presently: Mayor Council Member
What is the current length of office term in your city?
Mayor: Years Council Member: Years
3. Are your city elections for these terms held in odd or even years,
or both? Odd Years Even Years Both
4. In your opinion, is this satisfactory? Yes No
5• If you answered "Yes to #4, please explain reasons. This is important.
6. If you answered "No" to X 1 4, what would you prefer the terms to be?
Mayor: Years Council Member: Years
7• As an office holder, what is your preference and reasons on holding
elections in Odd Years Even Years
Reasons:
8. As a citizen, do you believe odd or even year elections are more bene-
ficial to the community? Odd Year Even Year
Reasons:
9. If terms of,office or election year (odd, even) has recently changed
(within the last 10 years) in your City, please give your opinions as
to the benefits, reasons, and detriments this change incurred.
What, if any, problems arose during the transition period?
10. Your following additional comments and remarks will be appreciated.
I would like to receive a copy of this survey result. Yes No
Donn Escher
3107 65th Avenue N.
Brooklyn Center, Minnesota 55429
May 31,- .1984
Mr. Gerald Splinter, City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Jerry:
Enclosed please find 4 letter of transmittal to the Mayor and..
Courcilmembers regarding proposed amendments to the City Charter.
If you would, please, schedule a time for presentation to the
C ouncil'in the near future and inform me of the date.
Should you wish to discuss the amendment any further, please
do not hesitate to call.
Sincerely,
Donn Escher
Chairman
BROOKLYN CENTER CHARTER CORT!- IISSION
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Encl.
TO: The Honorable Mayor and
members of the City Council of Brooklyn Center
FROM: The City of Brooklyn Center
CHARTER COMMISSION
DATE: December 10, 1984
RE: TRANSMITTAL OF RECOMMENDED ADDITIONAL AMENDMENT TO THE
BROOKLYN CENTER CITY CHARTER REGARDING ELECTIONS
Pursuant to Minnesota Statutes 410.12, Subdivision 7, and upon
the recommendation of the City Attorney, the Brooklyn Center
Charter Commission recommends the adoption by ordinance of the
attached proposed amendment to the Brooklyn Center City Charter.
This amendment is specifically in regard to Section 4.01 of the
Brooklyn Center City Charter. In essence, this section of the
Charter should be amended to read each even numbered year instead
of each year to correspond with the amendment to Section 2.03
relayed to you via my transmittal letter of May 31, 1984.
Respectfully,
Donn Escher
Chairman
BROOKLYN CENTER CHARTER COMMISSION
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Attachment
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 28th day of January,
1985 at 8:00 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an
amendment to the City Charter.
ORDINANCE NO.
AN ORDINANCE AMENDING THE BROOKLYN CENTER CITY CHARTER
THE CITY COUNCIL OF THE CITY OF' BROOKLYN CENTER DOES ORDAIN A FOLLOWS:
Section 1. Sections 2.03 and 4.01 of the Brooklyn Center City Charter
are hereby amended in the following manner:
Section 2.03 Elective Officers. The Council shall be composed of a
Mayor and four Councilmembers who shall be registered voters of Brooklyn Center, and
who shall be elected at large. Each Councilmember shall serve for a term of [three
(3)] four (4) years. The Mayor shall serve for a term of two (2) years. The Council
shall be canvassers of the election of the Mayor and the Councilmembers.
Section 4.01. 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 at such place or places as the City Council may designate.
The City Clerk shall give at least two (2) weeks' previous notice of the time and
place of holding such election and of the officers to be elected and such other
matters to be voted upon by posting in at least one public place in each voting
precinct and by publication at least once in the official newspaper, but failure to
give such notice shall not invalidate such election.
Section 2. This ordinance shall be effective after adoption and ninety
(90) days following its legal publication.
Adopted this day of 19
Mayor
ATTEST:
Clerk
Date of Publication Decem�er 6, 198A
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
W 1 10JUNDUM
TO: Gerald G. Splinter, City Manager
FROM: Tom Bublitz, Administrative Assistant---
DATE: May 17, 1984
SUBJECT: Revision to Municipal Election Calendar
As requested by the Charter Commission I have prepared drafts of two ordi-
nances which I believe are necessary to change the Municipal Election calendar
from an odd to even year schedule. One ordinance amends the City Charter
and the other amends the City ordinance regarding Municipal Elections.
Please be advised that I have not reviewed the draft ordinances with the
City Attorney's office and I would request that the ordinances be reviewed
by the City Attorney prior to the preparation of a final draft.
Also in the draft ordinance amending the City Charter I have included a
four year term for the Mayor. The ordinance has been prepared for discussion
purposes only and the four year term is not a staff recommendation. As
you will note in the other material enclosed a two year term for the Mayor
would also work on an even year election calendar.
POSSIBIE CIiANGES IN TERMS TO
ACCOMODATE EVEN YEAR ELECTIONS
Tneis and Havies elected 1981
term 1982 1983 1984
new term 1985 1986 1987 1988
Lhotka elected 1982
term 1983 1984 1985 extend through 1986
new term 1987 1988 1989 1990
Scott elected 1983
term 1984 1985 1986
new term 1987 1988 1989 1990
Nyquist elected 1.983
term 1984 1985 extend through 1986
new term 1987 1988 1989 1990
or a two year term for Mayor running from 1987
through 1988
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POSSIBLE ALTERNATIVE FOR CHANGING
TERMS TO EVEN YEAR ELECTIONS
1984 1985 1986 1987 1988 1989 1990
Current Terms Hawes Lhotka Scott Hawes Lhotka Scott Hawes
and Election Theis Nyquist Theis Nyquist Theis
Years Nyquist
Possible Terms Hawes Lhotka Hawes Lhotka
and Election Theis Scott Theis Scott
Years for Even Nyquist Nyquist
Year Election
(4 year Council
and Mayor)
OR
4 Year Council Hawes Lhotka Hawes Lhotka
and 2 year Theis Scott Theis Scott
Mayor Nyquist Nyquist Nyquist
(i. P
AN ORDINANCE AMENDING CIIAF'TER -9 OH'I'r"' C�` OUIN
REGARDING MUNICIPAL ELI,CTIONS ESTABLISHING EEN YEAR
MUNICIPAL ELECTIONS AND PROVIDING FOR TIK, MODIFICATION
OF TERMS OF INCUMBENT COUNCIL,MEMBERS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 29 of the City Ordinances of the City of
Brooklyn Center is hereby amended in the following manner:
Section 29 -403. REGULAR MUNICIPAL ELECTION. The regular municipal
election shall be held on the first Tuesday after the first Monday
in November in even numbered years. The City Clerk shall give at
least two (2) weeks previous notice of the time and place of holding
such regular election and of the officers to be elected by posting
in at least one (1) public place in each voting precinct and by one
(1) publication in the official newspaper, but failure to give such
notice shall no4 invalidate the election. At least one (1) week
before any municipal election, the City Clerk shall publish a sample
ballot in the official newspaper, and he shall post a sample ballot
in his office for public inspection.
Section 2. The terms of all incumbents who at the time of adoption
of this ordinance hold offices filled by municipal election and whose
terms expire in an odd numbered year are hereby extended through
the last business day in the even numbered year first following the
date the term would expire.
Section 3. This ordinance shall be effective after adoption
and (30) thirty days following its legal publication.
Adopted this day of 19
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
i
AN ORDINANCE A14I1 THE BROOI:LYN CENTER CITY CHAP.GER
7HE CITY COUNCIL OF THE CITY TY OF BROOKLYN CL` NTLR DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 2 of the Brooklyn Center City Charter is
hereby amended in the following manner:
Section 2.03. Elective officers. The Council shall be composed
of a Mayor and four CourPVilmembers who shall be registered voters
of Brooklyn Center, and who stall be elected at large. Each Council.m-
member_ shall serve for a term of [three (3)] (four,)(4) years. The
Mayor shall serve for a term of two (2)] four (4) years. The Council
shall be canvassers of the election of the Mayor and the Councilmembers.
Section 2. This ordinance shall be effective after adoption
and thirty (30) days following its legal publication.
Adopted this day if 19
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
MEMORANDUM
G. Splinter,
TO: Gerald G p nter, City Manager
FROM: Tom Bublitz, Administrative Assistant
DATE: April 25, -1984
SUBJECT: Revision of Municipal Election Dates
I spoke recently with Mr. Stan Peskar, Attorney for the League of Minnesota
Cities, regardinig statutory requirements for changing from an every year
to an even year municipal election. Mr. Peskar indicated that, in his opinion,
a home rule charter city may establish any reasonable means for extending
existing Councilmember's terms in order that the change in election years
be implemented.
I discussed with him Minnesota Statute 205.20 which establishes a uniform
municipal election day for home rule charter cities. Mr. Peskar stated
that this statute does not preclude home rule charter cities from establishing
even year elections and again he indicated that a home rule charter city
may implement any reasonable mechanism for the extension of existing Council
member's terms in order to implement the change. Further, he stated that
in his opinion a 4 year term for both the Mayor and Council would not appear
to be unreasonable.
From my discussion with Mr. Peskar it would appear that a home rule charter
city has a fair amount of flexibility with regard to the extension of existing
Councilmember terms and also the establishment of new terms for the Mayor
and Council which would better coincide with an even year election system.
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Tom Bublitz, Administrative Assistant
DATE: April 25, 1984
SUBJECT: Municipal Election Survey
The table on the following page shows the results of a telephone survey
taken to obtain some general information regarding municipal elections in
suburban communities. The survey included neighboring communities plus
additional municipalities chosen at random.
Of the cities surveyed only the City of New Hope had changed their election
years for local elections within the recent past. In 1973 the City of New Hope
changed from'an every year election to even year elections for local offices.
New Hope went from a system where local officials were on the ballot every
year, with Councilmembers holding a three year term, and the Mayor holding
a two year term, to a system where local elections are held only on even
numbered years and there are 4 year terms for both Mayor and Council. I
was not able to obtain information regarding the specifics of the change,
such as the exact extension of various councilmember's terms. It should be
pointed out that New Hope is a statutory city and is governed by different
state statutes than a home rule charter city. One bit of information I
did find out is that the change to an even year election in New Hope and
the subsequent extension of Council terms resulted in having three council
seats to be elected at a single election. With this result, state statute
stipulated that the two individuals receiving the highest vote shall serve
for terms of 4 years and the individual receiving the third highest number
of votes shall serve for a term of 2 years during the "phase -in" period for
the new election calendar.
As you can see from the table there is quite a variety of election calendars
and length of terms, although a 4 year term for both the Mayor and Council
is not an unusual length of term in relationship to other municipalities
in the suburban metropolitan area.
April 196
MUNICIPAL ELECTION SURVEY
Odd, Even or
Every Year Length of Size of Ward
City Municipal Election Terms Council System Population
Robbinsdale Even Years Mayor and Council Mayor and 4 Yes 14,422
both 4 years Councilmembers
Fridley Every Year Mayor and Council Mayor and 4 Yes 29,810
both 3 years Councilmembers
Richfield Every Year Mayor 2 years Mayor and 4 Yes 38,751
Council 3 years Councilmembers
Maple Grove Even Years Mayor 2 years Mayor and 4 No 25,000
Council 4 years Councilmembers
Golden Valley Every Year Mayor 2 years Mayor and 4 No 23,000
Council 4 years Councilmembers
Crystal Every Year Mayor and Council Mayor and 6 Yes 25,545
both 3 years Councilmembers
Brooklyn Park Every Year Mayor 3 years Mayor and 6 Yes 49,000
Council 4 years Councilmembers
Edina Even Years Mayor and Council Mayor and 4 No 46,000
both 4 years Councilmembers
New Hope Even Years Mayor and Council Mayor and 4 No 23,322
both 4 years Councilmembers
Plymouth Odd Years Mayor 2 years Mayor and 4 No 36,000
Council 4 years Councilmembers
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