HomeMy WebLinkAbout1987 09-30 CHCA BROOKLYN CENTER CHARTER COMMISSION
SEPTEMBER 30, 1987
7:00 P.M.
CITY HALL
1. Call to Order
2. Roll Call
3. Approval of April 29, 1987, Minutes
4. Correspondence
5. Old Business
A. Sub Committee Report on Rules of Procedure
6. New Business
7. Next Meeting Date
8. Adjournment
IIi
May 19, 1987
Mr. Dennis Kueng, Chair
Brooklyn Center Charter Commission
1012 72nd Avenue North
Brooklyn Center, Minnesota 55430
Dear Dennis:
A couple of weeks ago Carole Blowers requested that I contact the
city attorney to review those Minnesota Statutes which might
affect the operation processes of a charter commission. I have
received a reply from the attorney's office, and they state that
the following provisions of law affect the charter commission and
its operation in various fashions:
a. Minnesota Statutes, Chapter 410
Classification; Charters.
b. Constitution of the State of Minnesota,
Article XII, Section 5.
C. Minnesota Statutes, Sections 13.03 13.05,
Government Data Practices.
d. Minnesota Statutes, Section 471.705, Meetings
of Governing Bodies; Open to the Public;
Exceptions.
Attached to this letter please find copies of the above statutes.
There are, of course, other statutory requirements which may
affect charter commission operations. These might include
requirements governing publications, elections, designation of
official newspapers, evaluation of petition sufficiency and
filing. Since these types of requirements are fulfilled by other
city officials rather than the charter commission, they have not
been addressed. However, the charter commission should be aware
of them and follow the usual city procedures in taking actions in
these areas.
Mr. Dennis Kueng -2- May 19, 1987
I hope this information will be of assistance to you. Should you
have any further questions, please do not hesitate to give me a
call. Thanking you for your interest I am,
Since e- y,
Gerald G. Splinter
City Manager
encs.
cc: Carole Blowers
403.11 *EMERGENCY TELEPHONE SERVICES 7704 7705 CLASSIFICATION; CHARTERS 410.03
related improvements for trunking and central office switching equipment for mini- CITIES, METROPOLITAN AREAS
mum 911 emergency telephone service, plus administrative and staffing costs of the
department of administration related to managing the 911 emergency telephone service
departm Ol'garilZatlOri
(b) The fee may not be less than eight cents nor more than 30 cents a month for
each customer access line, including trunk equivalents as designated by the public CHAPTER 410
utilities commission for access charge purposes. The fee must be the same for all
customers. CLASSIFICATION; CHARTERS
(c) The fee must be collected by each utility providing local exchange telephone
service. Fees are payable to and must be submitted to the commissioner of administra-
tion monthly before the 25th of each month following the month of collection, except 110.01 Cities, classes. 410.15 succession; subsisting rights. that fees may be submitted quarterly if less than $250 a month is due, or annually if 11o.ols Definitions relating to cities. 410.16 Forms of government incorporated in
less than $25 a month is due. Receipts must be deposited in the state treasury and 410.03 Existing charters preserved. charier.
410.18 Distribution of administrative powers.
credited to the special revenue fund. 410.01 Home rule charters; patrol limits. 410.19 Powers of mayor and council.
110.05 Charter commission.
(d) The commissioner of administration, with the approval of the commissioner 110.06 Compensation; expenses. 41010 Recall and removal of officers; ordinances.
of finance, shall establish the amount of the fee within the limits specified and inform charter.
110.07 Determination of desirability; framing 410.21 Application of general election laws.
the utilities of the amount to be collected. Utilities must be given a minimum of 45 410.09 Regulation of franchises. 410.24 New or revised charter.
days notice of fee changes. 410.10 Submission of charter. 410.30 Abandonment of home rule charters by
410.11 Adoption; notice, effective date. cities; assumption of statutory city
Subd. 2. Modification costs. Amendments. status.
The costs of a public utility incurred in the 410.32 Cities authorized to issue capital notes
modification of central office switchin g equipment a ui ment for minimum 911 service shall be 410.121 Sale favora of ble vote. intoxicating liquor or wine; for certain equipment acquisitions.
a
paid from the general fund of the state treasury by appropriations for that purpose. 410.14 Alternative proposals.
Subd. 3. Method of payment; certification. A public utility incurring reimbursable
costs under subdivision I or 2 shall certify those costs to the commissioner of adminis- NOTE- For special laws relating to specific cities, see Table 1, Vol. 10.
tration. The certification shall be in a form as prescribed by the commissioner after
consultation with the public utilities commission. If the commissioner and the com- 410.01 CITIES, CLASSES.
mission approve the certified costs as appropriate and accurate, the commissioner shall Cities are hereby divided, for legislative purposes, into classes as follows:
pay the certified costs from money appropriated for that purpose within 90 days
First class -Those having more than 100,000 inhabitants provided that once a
following receipt by the commissioner of the certified costs. The commissioner of city is defined to be of the first class, it shall not be reclassified unless its population
administration shall estimate the amount required to reimburse public utilities for the decreases by 25 percent from the census figures which last qualified the city for
state's obligations under subdivisions I and 2 and the governor shall include the inclusion in the class;
estimated amount in the biennial budget request.
Subd. 4. Local recurring costs. Recurring costs of telephone communications Second class -Those having more than 20,000 and not more than 100,000
inhabitants;
equipment and services at public safety answering points shall be borne by the local
governmental unit operating the public safety answering point or allocated pursuant Third class Those having more than 10,000 and not more than 20,000 inhabi-
to section 403. 10, subdivision 3. Costs attributable to local government electives for tants, and
services beyond minimum 911 service shall be borne by the governmental unit request- Fourth class Those having not more than 10,000 inhabitants.
ing the elective service. Changes in classification resulting from any future national census shall take effect
History: 1977 c 311 s 11; 1978 c 680 s 1, 1980 c 614 s 123,147,• 1Sp1985 c 13 s 330 upon the filing of certified copies of the census in the office of the secretary of state as
NOTE: Subdivision 1, as amended by laws 1985, First Special Session chapter 13, section 330, is effective January provided in section 600.18. Meanwhile the council or other governing body shall take
1, 1987. See laws 1985, First Special Session chapter 13, section 378. measures for the election of proper officials and for dividing the city into wards, if
necessary, and otherwise prepare for the coming change.
403.12 REPORT TO LEGISLATURE. History: (1265) RL s 746; 1951 c 348 s 1; 1959 c 510 s 1; 1978 c 489 s I
Subdivision 1. By January 1 of each year, the department of administration shall
report to the legislature the progress that has been made in the implementation of 410.015 DEFINITIONS RELATING TO CITIES.
sections 403.01 to 403.12. The term "statutory city" means any city which has not adopted a home rule
Subd. 2. [Repealed, 1Spl986 c 3 art 1 s 511 charter pursuant to the constitution and laws; the words "home rule charter city" mean
Subd. 3. [Repealed, 1Sp1986 c 3 art I s 511 any city which has adopted such a charter. In any law adopted after July 1, 1976, the
History: 1977 c 311 s 12; ISp1986 c 3 art I s 52 word "city" when used without further description extending the application of the
term to home rule charter cities means statutory cities only.
History: 1976 c 44 s 19; 1976 c 155 s 3
410.02 [Repealed, 1949 c 114 s 11
410.03 EXISTING CHARTERS PRESERVED.
Until otherwise provided in accordance with this chapter, all cities existing at the
CLASSIFfCATION: C71Aa "rErtS UO.Ot
not legis of A city ouncil, a charier commis
'ntments: nominees. charter commission m
floe
Subd. 3. Commission a�P°tI the appointment owhich the district court maY
,ion, or the petitioners req el i g ible no
the court the names nts to the g
cilAaTExs
submit ointme. charier commission•
bmit to
t pKATtiN+: govern by the m aking app s The charter com*nissinn shall meet aa`eleast ten by
"o03 C-SS consider in m tition signed ur
vised Laws 1905 shall continue to beg $ubd. 4 Commission fuelling lling n Presentation of a Pew° by the returns of the last
etFecrof the Re ear, municipality, as sho maj ority of the governing
time of the taking during each calendar year, tens of the r oved by a maj
laws then applicable thereto. or upon resolution app fission shall meet to
741 percent of the number of o
1267) RL s annual municipal election, the commission to convene, the comet
history* PATROL L {NUTS. manner body of the city requesting Petition or resolution. 210 s 1: 1959 c 305
ROLE CHARTERS; vernment i them 44
HOME charter Cor its own go consider the proposals set forth in such P 19► c 535 s I: 1949 c art 5 s 7 1976 c
410.04 frame a city v i n patrol limits established by 1269) R4 s 749; 1909 c 423: 1 3; X 973 c 123
the state may
Any city i d
n ro os g such alteration History be 1971 c 208 5
rovied, that in such cities having 608 s 1: Ex 1967 c 33 5 1: c 3 art t s 82
fter presc ribed; p 196' c 44: iSP1
chatter. such limits shall not be a l te red unless 5 J. the charter p r 201 1979 c 330 5 3; 1986 c 4
adopted by a three fourths majority- 15 5 1: 1973 c 123 art 5 s 7 ENSES• compensa but the commis'
1268) RL s 748; 1407 c 3 410.06 COMPENSATION; ERP such charter, and
History* ersonnel to assist in framing
of the judicial district in Th members of such commission shall receive no com ensatian and the cost of
NtiS51ON.
sloe may employ an attorney and other p ary
410.05 I #ARTER CO" intment. When the district court cif so to do the court, and the reasonable a eo C
C n so directed by the
Subdivision i APl>° fission to frame an anleaa s
any amendment or reviion thereof,
appo a charter comm signed by such charter, or any amendment or revision thereo shall not exceed in any
is situated, deems it for the best interest of the Y printing such city- such action, 8 tiler The amount of reasonable and necess
which a city ref •udge may appa aid shall by aid by the city other city; but the
through its 1 Pet ition requesting by the returns o[ the last regular commission, shalt be Pal that sha be 3 O Paid S I ,500 for any neces-
acting resentatt°rt of ao the city, as shown he the city requesting fission exp rises as it deems
a charter. Upon p overninB body comm ission shall be charter comm he sum bu d g eting
of $10,0 for a first class city of or limiting
ten Percent of the number of voters on The comm whom shalt be one year t requiring i a tax
election, or upon resoluti of the commission. each of within council may authorize s a d dharteraPCO° scans regission ex
city oint a members fission expenses. The council may levy
the court shall app Yen nor more than 15 p ursuant nary. Other statutory a such expenses.
action. mmission shalt be det ointed p 1 to chaRer comm t96 t c 608 the
composed of not less than seven size ofwherethe commission is apP the size of expenditures do not ap ply 47 c 406 s 1: 1959 c 305 s 5:
a qualified voter of the city. I that of the city, of statutory or charter tax limitations to P
the court. exec vemmB city may by in excess t: 14
the above limits by resolution of the go Hlslor (1270) RL s 750: 1907 c Z16 s
cified in such Petition or at a fi u e evail "which shalt not be art 5 s 7
to 11ARTER.
a Petition of the vote as spe fovision shah pr 1973 c {NG C 1
the commission shall be ualificd s Z' 113 OF 17ESIRABILI CV; FRAM
than l5 members, and such chartrson shalt be d'rsq pETEpNl intmen in either
t, the charter commission shall
charter prov ision fix t he size o[ the charter commission a other elective or 410.0? that a home rule charter
less than seven nor more this subdivision. holding any R determining
inconsistent provisions of reason o As soon as practicable after such sedcharter,
over any on a charter commission by either (1 rate name
s erving udicial commission members or (2) the draft of a hal
from than j vacancies. Charter comm i deliver city the clerk of the city and for a council
members; for the city is not necessary or desirable Ditty of its members. Such draft shall fix the corpor
all office other eight shall be Signed by at least a majority and provide for a mayor ter provided, it may
Suhd. 2. Claim" Sion meet terms. ,n,cd and ears, and until their succes 1 r 1967, pi g case sign ro osed city, this
inted after July No person maY Ir with the constitu
bers inivatly aPPo ear terms. Vacancies in and the boundaries o eo 1. Subject to t pVernmen °notnnco ailments of
shall hot except of
hat of ter four Y Seven for four Y ember. to be elected by the P P unicit) B inistration of all deP as fully as
qualify, tw o year tees and s as a commission m ired scheme of m al functions
appointed for y ud a f the co mmission provide for any we re authorized by
ointment of the Chie[ 1 pint new comm lion. and may Provide for the establishme h or rioc o f all local ern f p art
app to more than two I{ed by apP terms
a shall apP within 30 days overnment, and for the reB
the commission shall be the chief j g ern, a city g Provision in referen and prov depthat
n the expiration of each term, new commission member `s$fOn memo i ht have done b home phaRers for clues
terms: upo fails to aPP shall, apP °rut new comm go verning the legislature m g opera tive in the city shati contin
members• it the chief judge body of the city writing to the B° general Laws then oP ue and
ecified, the city to
overning ud a indicates in ud a shall have constitutional amn s or 8 arts thereof as are sp
then thereafter the g riod the chief j B which case the chief j g merit contained enerat laws, or such P spec ial or general law may auth orizing ibe methods
unless within+ the 30 day Pe bers. in intment. Appointments shall be such special or g such sp al urposes it may prescribe the
to appoint new met eke the aPPo An appointee m unicipal created,
body an intention s within which to m, tance be in force therein, including any s verumeneby in which the city
w it in 30 days a written accep ect to the operation of the Bo
an additional day with the court administrator of the district COwri Lace shall g such charter the city
order filed a declined ointment and the p incur indebtedness or issue its bonds ffic t thereby
o fficers of the district and county
made by file with the court within 30 days of procedure in resp Perfo roperty
who neglects to ve d the aPP ission, U days duties thereunder of all courts and
Igoe charier comrules, including 4 is situated> is devise, purchase, or c °ride of any public fun ction
and oath neglects shall be dee
nice hesign 11 The
shalt make which duties such courts and officers shat P
h the apP ma y be authorized to acquire, by g
be filled as thong ointment of the comm ear, needed for the full discharge
operation's and Proceduro December 31 of each y alt without its boundaries, 19b i c 608 s 3:
the initial apP on or before f tber he preceding eaten- within it per mitted to exercise
after rement$ w 43 1959 c 305 5 1
requiith reference t its in Cot of which it is Per 192t c 3
e of the district court. to the 1271) RL s 751: 1921 c 120:
submit to the chief ju its activities and acco of the repolishm nts rt f the cit district History* art 5 s 7
an annual report outlining office, by written order of the 4; 1973 c 123
e commission shall forwilme from When any member has 1 971 c 71 s
dar year. 'he be removed at any 1953 c 278 s
Any member M ay n for such removal stated in the he order. Repealed,
trend four consecutive meetings
court, the reason of the charter commission shall 410.08
tailed to perform the duties of otfiCe ission, the secretary
the district court
the comm d d
forth those facts an l the vacancy create
without beingexcw b
th the court setting ud a shall fit
file a certificate ief j
make its o B
thereuPO° rder of rem oval and the chic
thereby-
Ct.AS51FlCAT10N: Ct►no
se am
eri dments
��oa �ra9 MENTS. charter commissi mae uat in number to fi If
AMEND v oters 9 t he city.
410,12 proposals. a on the etition of ne ral election in voters are
vious state se only T e$istere end.
d am
Subdivision Ted shall do a the last Pre voters, to a charter
tFtcAT►oN, CHAisTtsR' to such charter a with resp t
•to•o9 ct Ass the exe rcise of total certrrianent registra text Of
erc t
OF ��NCI31SE c ontrolling percent of the l vot circulated ereto he
Place of the city, has a system Of P etitions atta end filed contain'
G UI,ATION ublic P but no t h e city All p shall hate a
RE pr ovide for regulatingo her P etition. of a proposed am fi
410.09 er may P a uthority; n the P e maY be ledn With t
Pr op osed chart b any other ible to sig in character and case
Such Pr or upon the streets and exclusive franchise elig uniform full, except that in the o the same than 0
5 o mor
d franchises in by the legislature, Or n r shall any v oters of the opt sh all m endment in a an d correct copy of
not less ent• suc
rivileges an the city, fitted to the 000 words, a true a summary osed amen amm
p ranted by pr i v ilege shall ever be created, t subm such case fora shall then contain of the the men
whether S sed grant be firs nor to iaB more than 1,000 nature and pure
oses overnme
perpetual franchise or Pn voting thereon' clerk, and the P etition it' substance the o bject frame work o£ t change
e be granted, unless the FrOpo f those city_ of the lO what
or privilege a mal ori t Y 300 words setting a statement scheme or
approved by is urinary Shall contain roposed new of the petitiI a
he Su the r toge a
city, and n 25 years• 7 outline of anY p s i g ners ent• charter
period ote t
Of m ore t 5 s a 1973 a 123 ar and an to inf he form t am I fitted to
1283) RL S 75..; p {0 posed a dent lished by the be subm thwithin ten
overning body an d shall be suffi hi to be accomP en t, shall fie The commission shall endment
gistory• council or other roposed a rnendm o£ the am h rop osers CHAR genera election ent is snug
ISSION OF draft, the coup next g overnm the P and substance•
410.10 Si l Upon delivery °f 3nCi to be submitted at the of such draft, an d with a COPY °f its aPPtOV al as to f e u the same t deempnecessary in order that the
pro posed oh delivery oaths after the Commission for to it, it may ve set fort
Subdivisi m onths after the s ubmissio n ent as enis abo i
use the prop within six within six m shall cause days a fter such stater a requirem A rule c
haRer m
Of the city shall ca in the city body of the city s after i with th endment pCOV ded
in the city Occumng 90 day such modifications in at home
thereafter Occur election overnmg be within ecer with may fairly comp y ethi►ds of charter ethods of am
is no general city Council or other g body may Call a sp ecial alternative m
if there special election 10 with Alternative in one of the altern nded to
delivery Of such draft, then the g overning me time Subd. I on b following need not all be a t o f the
be amended to etition an affi
t he prop ft. The council Or the e they g shall be the same for the natures to such P attached net
ctitio f
osed charter to be submitted at a If the is held at the sa
the delivery of such dra at anY time• o ffi ce rs The g there shall co nta i n each t o
that Purp Only laces and election o of the election uP the in subdivisi2nsPetitions. signa pe tition must c t he place
voting p fixed the date Subd• but to each separate ,i after the sig °den if
election for further action; and b th section. A y the pace
the general electio th the council has recall i1 for later date PnOi one paper, vided Y u st indicate sufficient to I
ncil and m Lion the city,
At anY issiOn may ission at any who, as a
elections. the comet or indelible p Or other descrip dresses Of five electors o
roposed charter, the Charter c OiT1n1 circulator thereof as PTO ber, es and ad a fi elect
P sed Charter lete charter and shall ty, signature in r $M and num of the same circulation and
authorize recall of the charter Y residence by each petition the responsible for the
council may publication of the pOpo shall contain the comp newspaper of the c ciy as resp as follows`. to
In every ear the names and aided
to the first p of election Weeks in the off► t h e City. regale There shall app petition
shall be
Subd. 2. The notice successive l c irculation an agg and on each Paper all be reg sh each p
a week for two a successive
generaculation i er having in addition a of a o
the petThe affidavit ttached t
al newsp P m ade, in a newsp body may
e commute
published once in a leg go verning
filing of the petition•
non, publication shall be mies. The State of ss.
or if there be lass, the p 000 cop a er published in the City CharteL
of the first other legal newsp p Shall the prop °sed ne County of and the affiant
regular paid Circulation of at least of rented words, words, in which the s that the affiant>
in anY fitted ended thereto
ublish the notice r the p of the last two subm deposes and say si natures aPP the genuine
thereto P ballot shall h The ba sq uare after each duly s worn, that all the g to be
Subd. 3 with a s4 If anY part °f such chvo� r to indicate a being Ding Pap
Yes....NO•••" choice. it the the and ffiantbelievesthem
be adopted. ex ress a rimed as to perm circulated n d that the a to be.
lace a cross to p anner. only, personally ant's presence, a es they P urp ort
voter may P a cross in like m rnmission may
ative, the ballot t shall be rig p were made in the
in the alters persons whose names
I submitted be rejected the charter CO
preference in any charter so is adopted. 4; 1913 C 123 signatures of the P
Subd. 4. if any 1959 c 305 15 1961 a 608 s Signed late
time to time until one (Signature of Crrcw rn to before me
propose others fromR� S 7.4 214 S 1909 C 1,
History: (1284) Subscribed and s 19
1986 c 444 day Of cer) victed of
art 5 s 7; EFFECTIVE PACE' favor of the Propo this or other offi affiant con with
NOTICE, re submitted in Notary public oaths an an y ccordanc
DOpT1ON; e
A the proposition are Teva if dminister c onstrued n n i any in a
410.11 votes cast on and, if any PrOvisions thereof a authorized to a alyida sed
percent of the adopted', the county Ding vet shall be strictly for a Pr p
If 51 p Ditty of the votes cast thereof s aiel P of the The foreg arils any panic °tar thereof shall be p
It shall be considered adoa maj sec ret ar y Ce a copy falsely as regards Al} petition pape o ne instru
charter, those ratified by clerk shall file with the Clerk's offi and giving swearing tition. hatter commis ►on as the city
the alternative' ted> the city lies, and in the city of the copy existing law• one Pe Council
red. The charter be assemblednds filed with the chart attested and
which the city to the accuracy as adoP Subd. 3 May bled a is transmitted to the Properly shall
the charter is adop etition etition clerk
recorder of the anied. by a certificate by Which the charter Thereupon days after such p o f the P voters
The city
vote by amendment shall be assem each paper r of the Circulator thereof
Charter accompanied. election and the lection> or at such other to such fixe ty the charter, ment. Within 1ernr,. whether
the date of the s after the a provis tied by a suificient nurnbe n ested by
on the electio`he ce co ds, clerk shall deter is sig i nvalid which is not a
Sha ll take effect 30 day w charter and,
upon whether the petition er entirely
rsede all other charter etition Pap
and shall then sup udicial notic of T oration shall deliver to them J 976 declare any P
the courts sh he officials of the l_ 1973 c I23 art 5 s 7;
in their control.
ordinance, a
ublication le d such art e city cle nt -2 he
e and P may be to fi two Perc
lilt fter pass days a o nu m ber
Or 2,
to Within b0 on the equal in num election o0 only
l Of voters,
T he ordinance sting a referee by q ualified V t t he as t t state genera istration within
sig in the city at anen isi ro ved by
the city petiu °n reA s hall be ned of Perm uisite petition is filed s aPPr
etition, ion cast s ystem the
gT�RS Of the A clerk shall such pet it tube of votes a petiti If
reA ntil iR er c
ination city lit city ha gnc hs Pe a effective u
om mssion
t�tCpTtON; CNA n co mpleting aut th council. If the total nu less. ible to of becom fitted by the
cha may submit the
410 .12 Ct t forth in a certificate the Whiche is elig
of the the ordinan dmen xcept 60 days ts subm at h
coon o{the exami nation sha ll set commit registered voterserod, et an
nci subm
t h e CO u a fter fission
wired in
this result city clerk n otify th ten days after bed P of chaR e t 1
east
as req cient the once tim a within the prescn the c ase of t h e voters, held at the ordinance
ps far
Shall certifY the is insutfi shall at at any lementary electi on
clerk etition ended filing a supP original the voters as b petition eclat in adopting
.submitted unde
that the P it is detective and be am clerk, by of an ong the council, or Y l or sP
action l to Pe�ti
certify which etition may b the city vided in case make ce at any gen�ay h
Of such ordinar'c
s A P• ider its f to 3 aPa tote lie
particulars in fi ciency Y filed tl pro d is filed, or it recon su bdivisi on s an
of insuffi ed and amen etition still o rdinan eats o f subd 2 s 1; 1943 c 227
pe titioner so °f e certifica te ers sign s after such the P the petition item e nding
the making on a dditional Pap within five day ificate shall show and n otify the the requirements
ce am 43 s i; 1939 c 2
9 03 s i
shall clerk's on such ra cticabl e an ordinan 9 s 1. 1911 c 3 c 1027 s 3' 19
73 c
petition
upon city clerk and if the a Gity shall be had p his section, tO the 07 c
voters- 1969
petition. Th o the amended Petition her action l prej udice by ro ved 19 19 5 6; ELE VOTE'
clerk shall file it to no f shal not P 756; b1 c 608 s
P whe aP (1286) RL s s 3,4; 19
ination the city findings a nd iency o f a petition c 305
exam c lent, history. s 1 1959 FAVO which
to be nsufi f titioners of th of the insuffiG voters at a j q49 c 122 IN
�pmmittee of the Pe The finding ose. tO the q ualified The form k s 1 G IJQUO
R OR W visions all
Pe titi on for the same P submitt final charter• 444 OF INTOXICATIN repla roe i s lsuch Provisions s
ins ufficient °I new petition ents shall be of the orig Of the question o n 19$6 c ended or a
case certain ate the Proposition shal
the filing A to the ent the to amended
wine cast
4 Election. mendm The statem wish be
ubhshedas body• to distmg 41 0 121 SA which is liquor or in votes
Subd• and P o verning ent clearly an 1f 51 Percent of the if the charter rcent the o
1 or special eleeti Xed by the g end
amm same time• s °f the amendijent f sale o p
intoxica
genera ballot at the pie dment prohibit the removed unless 55
O the ballot shall h f< cient to idento y the a
lion, and the amen elided or
t he ballot shall be suother question. f of its ad Anal charter a as is fixed notbe an'
0
from every ent are in of the origin or at such other time be in favor 1027 s 2
question amendment in the case 1969 c
cas on any filed, to of the election having a home history 05 s 6� section or
votes Ga tes shall be s from the date city Any 1959 G 3 a lternat iv articles
and certifica 30 day Th council of a o rdinance Re pealed
OS other
shall take effect sea b council. the voters commis 410.1 OVE QROPAL�' Pre,
voters an udice to
a mendm ent. cu ts Prop amen hall to t he charter end TERNA amen t° he v oters
Propose am
in the A oendm ose charter am itted to the P e for or aQ am separately,
may p
subm
subd• 5 prop on M a y ent shall be view exten tim 14 A su c d voted on is thereto.
charter n amend er commission shall re d the 410• resented an en dmen
determ'ning any am In su bin
rule roposmg such a the chart r ind the com missi s solution e ndment
ma y be P or
ordinance days t hereafter o f such pe city clerk it u sed am e 5t a art Of 5
of the hatter of the former
Within before t h e exPiration s by filing with the reviewing the Prop l
ent or Bugg or sections RL s 7 7 TS• su ccessor ice
meet but additional 90 day w is needed efl the prop °sed tmlie council of the ac �t Hgstory (128 G RIGH le i su s ha ll prejudi
subm 5101 TIN ea t the
review for an a for re or ref fly notify Ma l N; all respects endment he
o tr
t reof
rove romp the council finally EggIO lobed not any ded> or affect any Pending
dditional'sm shall W shall p s action endrtient orig 410.15 5UCC organi shall erse
cOrn nnission city sup d f rfeithelda
that an a n
rter commis 4, the am mission. The w city s° aand against the enalties, an sd
he
c h a rter comdi ent. The ter com The new
,men a charter in subdivision as provided in d 0 chaRor so
team of th provided sed by the chart ht, lien, r dem
e All rights� l its p
P Yei ed th
ereio
substitute no tificatlo manner as P ent prOP° b the voters d corporation, and to enforce the same. 'all PrOp
vilegeS
and al r All
taken to a mendm approved y ma nner as other amen charter s ubsisting r ration behal its s uccess o a nd
the People' in the the subst itute Ye filed when same mane Proposing any or proceeding former Gore levied in lev its s hall Pass to new charter
d by it or a to ecti in the from P action ing to s uch as sessmG Uts ne w charter. o lion Of such d or repeal
propose shall become it shall be in cornm►ssion a fourth
amendment d of t he or accruing taxes ar' t with t f at the force unt il duly alter
subdivision 4• if so app lion precludes the su bdivisio n i ncil of a city ante d bYla 11 continu
cow b ordin therefor, all not incons ws in
subd' rovided by intents Y i
in this subdivision P class. Th a men shall be r esoluti ons an rov sio ns I sha art 5 s 7
Nothing charter tf enacted on two o rdinance s, ith its P 1973 c 123 C KART h R
am endmen ts 1 Amendments, cities of the toe opose Such ordinance, s 758; BATED IN tier for any
C may P ublic hearing up hall be not in conflict w a
Subding a home rifle charter commi hers after a P dment and (1289) RL ME tSCORp° f the prop en The council History. VERN R o r overnm
p cu t or an
class In issi to the used am OF G O rate as P Of city g rovidelthat all
submon fifths vote of alI its of the PtOp rovided In MS may incotpo anageC form may P
without four -fi case of imanner p 410.16 FOR cil, shall be
ha t ►east a ta ming t t in the co mmissi on until, council'n' or statute, and elected at
adopted Y notice con ublished as t he Pe a of the ordinance. The or-c° of the coon
ubli r and Q to assag as provided in t The charter may wi th constn
approve tdutm mbers
v oters mend city the COmmiI inc
weeks P s he the M ayo sed amend mon ths after the P other a Or a
d by three m r ovd by the manner as inc c 608 s 7
it the propose Only when approve
same riia other form n o t fiGers, including may s 5, 1961
shall subm Ui not sooner than filed in the charter elective city 1959 c 305
subdivisient becomes effective it shall be of the ise. 9 c 170 s l;
r oved, m endation S an large or othet'w
amen dm 4 if so app Upon reco met by o rdinance all its 1290) 190
subdivision b o rdinance endm rrnative vote whets ed, �n Uistory 19'13 G 5016 6 1
Amendment a enact a charter ant an affi Repeal
meets. notice containing
Subd• 1 •the city council madopted by the counub fis hed ublish b m co 410.1"1
.,,mission _,..P�t. shall be _...nn two weeks' Pub
the may �.andhall not _.A ill
ent, and all statutory
mendm roposal to
me manneT as endments shall apply, iO a P nece ton'
»r� a ,iT,ctive in the same le c harter an' e a s chedule cp clud such P
e ru govern ment, ri ate to Place
an coin oral shall include govern e d appt
r
Prov ng s ons relating t Sur
such pop ag are racticablee
a c harter. to a statutory cit form y o f frcers re dale as soon as of the home
abandon bent election r ovisions
the opt
IFiCArt�N'CHARrBRS WERS author s of incum city o f S pecified F tart or ional
410.1% Cwt RATIVE PO °wets, p,ovis�orlh referencsetto term lar statutory
ADD vide ministrativ departments and Sions ality on the regu ect for continua fy th e standard Y
I1T1ON OF rovide that the ad performed nicip vide in e and
DISTRIB also F into and to be P the, nu Shall specify
a statutor?
410. mission may distribute and duties The pro °sal may p'.CO ,rim Pe ditty is to ope
to as 03 s 5
charter cam city shall be ine the p °we who shall be th for an 1 mu nicip s 7; 1473 c 5
Such such a determine officers and employees Nle charter w hich the c 123 art AIN
5
ity, and duties in any ent and determine pill duties in two or plan under 61 S 1. 1973
rovide that the council, may deparin` and duties to p r form 1965 c 5 TES FO R CERT
may p them to the app the Po wers ees be necessary °i History-
by an assign ent and Prescribe c,rs or employ ula as as may 1913 c 503 s 61 CAPITAL NO
deFart articular ofi' r ules and reg ilZ,pealed T O ISSUE le
of each and may assign P other ru business of the city. 410,31 a home notes
thereof ents, and make such ical conduct of the AUTHORLZEU or hatter, t tal not
artm econarn 305 s 5 CITIES ACQUISITIONS• o f other law issue cap other
,note d P ,fficient and 1959 c A10.32 rovision ublic r eferendu m, balance and ital
proper for the 1409 c 170 s 3, defi,»ng the EQUIPM contrary P without P u ipmet am and other capT
History: 1292) COUNCIL- r ovisions N iesolution and public safety eA u ipment, es.
ND COUN ,ter s vide that a nte eq of the he
MAY OR A in Such charter an d may Pro be city may limit to purchase rid ,nainten as the term and in the
OF
POWERS incorP °rate council duties as may charter t h e city 'debt ctio life at least as tang on terms issued in
a
410 P .1 commission MAY d each member of the subject to merit, d constru eats and be issued
,form such a dministra tive uip expected useful five y of the aprtal notes
The charier ma yor a ,nedreal eq uip an of more than oipal amount as sessed value
Of the city
su ed
po wers and duties o f t he shall Pe equiP Ial h Paya inn he rise The total Pr'n of t al a d interes
bet shall be F Ines. o f one perce o f the princd
nteres
each mein c harter 305 s 5 notes determ merit of bonds. ones gbod
1909 c 110 s 4; 1959 c ORDINANCES. er the city xceed one-ten made for the Pay in the case o vernin
designated m such al o fficer ,nann shall be 495.61 as of the 8
1293) NIOVAL OF OFFICERS, unicip a fiscal year S hall note section v ote of two thirds
history reca of any elective may also provide that year. A tax levy nce with afh atrve
A ,t AND city, and and for for i accordance
acc req uire
an rm
410.20 REC also provide for the recd of such of such city notes, req Passed on the no
electors shall I
Such commis ni cer by v ote of the ordinance P under this section
etition of coy de that nO in time
and for removal of the o and may also s ffect within a cerla certain of the city- 1983 c 361 s I the
itung ordinanc s like manner. n P shall take a be made by History.
for Submitting ,rgencY ordinance, a petition of Such ordinance
the repeal of orde %cep an em doting such time ordinanc
and that d• city Protesting against the° e, and then s
by uch
the council,
after assage' p ,lectors of the Y
�,TtCie,','1',ae ge of the on at an electron h voteuch Pu vted rue by 1486 c 444
same be o
of as deterrtr 1459 c 305 s 5:
to take effect n 1909 c 170 s 5: I'ECTIQN LAWS•
L E ursuant to this chaster
Histo.(1294) OF GENES adopted P and elections for
N such city e lectrons
APPLIC0 of charter of any r imary be inconsist far
410 Zl motions F rovrsro
as may 1 in
The Provisions of any that such charter P shalt app y only
valid and shall control as to non" d such general laws
shall be al offices n otwithsta e eto,
municipal law relatin3
with any g with such charter.
as consistent 1909 c 170 s 6
Historys (1295}
led, 1973 c 503 s bl
410-22 Re
1959 c 305 s 61
CHA rule TER• adopt a new or rev's ed charter
410. REYISEU R le charter.
a submit and of such home rule
having? home for he origi o
410 nal adoptin
.24 NEW OR
Ally city ovided by law s 2, 1961 c 608 s 8
in the manner Pr 1909 c
History. (1298)
jepealed, 1959 c 305 s 61
410.25 l Repealed, 1961 c 608 s 101 ASSUIvIP-
410.2 1913 c 503 s 61 RULE CHARTERS BY CITIES+
[Repealed
410.27 K __...,,av abandon such charter pted,
_,.,ntuMEN`r !QF, .T sTUS.
pt!'ftFS+
SEVEN Public
xs. open to the
pOwE ision usda t be the meeting
RiGH►� items of
bdiv en body or its
a263 w hich under su to the a the governing
9262 Subd lb In ally meeting tin ed Ma the aL direction t e�
IONS of any P ed by body;
t trtcAL SUSDI ter at least one COPYY or distribute the go verning
are are: to lt mem a of or
ntrrlES; Sr p s defined in chap e mployees Prep Pees and which eeting rs;
�0 81GH�'• Pow means an obligation a m embe Is
�I• section a1 account- distributed at the the meeting to all n'embers; Public The m aterials m atter
this rincip such (1� before ra to all m
d in b the
as use duty of the P which (2) distributed the meeting too m for inspection Y their subject
county in se body Con siders u
A blic as
n "obligation ear, it shall be r of each and the Purpose (3) available in the' too to b law as other than P
first each Y obl i ga tions, w hile the g items of a closed
meeting
4? S. a to rep° to the and rt shall be kept sha be available a P ublic 1 to ma 2 classt5ed Y rrnitting the
before Febtu ty alit' n o utstand in g Such repo it shall a enda is of this
On or muniCiP ount of available Goes n t ap Y to the g law ea
Oft precedinf, Y March first each a t r r o f such
r of each total am Sha on aterials relanis bdivision la r other ed
uirem
ing olfi dilly is situate, t ecember 31 to the state officer of the This' Su chapter 13, or to n roce dures violates the to
record• gouatnotto exce
rn uniciP of D a suitable to make report in or with the P intent naUy in an a"" any court of civil issued
as my in al aC COUntiaB o bligations defined It
for which of each C°u of eac county the Plin o utstand i ng held in accdance 11 be subject to be br
�i, b any Person located•
b the auditor e ditor auditor by o f meetirigS her s h a ll pII of the member
is per
of the a e county and character of J473 c closing. that me mber natty may Office be subject to Pet n e
be the duty red to t he ount a 48 S 1; to en force this Pe admi nistrativ e I shall pp for a si
s rep° 1967 c su bdivisi vision
together with the am action
obligations a 1945 c 1 87 S 1, li An where t s ubdivisi on exceed in any
municipality, 1,2, utisdiction tes of to rson
county• 1927 c 163 S g C. competent nt l e who violates an amount a brought by any o erning
issued by the 14 1938- 444 Subd. 2. AnY person,
a c ivil Pe t i penalty may b Office of the with the sam
1938 1986 c OPE TO PU i the farm. to enforce inistrative n connected such governing
H rt 5 ry7(1973 c 492 s T; ING EOpIES: meetings, liability ac t i on ere the adm rso ual to
all ra An iction where the same r t to serve f t the
123 a VET b tote, rtm o ccurren ce tent jun violation by f ragh eriod of time eq
of comPe ublic relevant
INGS GO rovi y Ste` depa third
OF ded eit any
?45 M EET ise expressly P b COr"n"ssion and the l UP°S such Per`.. sha tSU C h p b urtt de the meri o an
4 ?l t as otherw ency bo a meeting, County.
TIONS• gxcep state ag business in tory> governing acity w T atio occurrence v separate
of any ct public s'- d territory art in any other cap t h e n sery d viol n a t 1 theei c
of a
Subdivision ns by law to transact nixed, unor8 board, deP body °r such Person w as third n finding order de
Subd Glaring the
ut've sessions, howev orgy su bcomm ittee, o the board term of °�Ce with any and Upo issue its g overning ,halt b od y
including exec distract ho any committee, eetingS state c onnectio n therewith v iolation s of the g y sh
d or Pe all fill
rm
When lure the p except n embers of such action in c onnectio n the Pre vious or clerk I
recl of any sch °old and of ublic, the g ing
ublic bo Y n to of the m mittee, unrelated to authority overn
g vending Y The votes body, tom evidence the aPPp o n ing authority or
town °t other P thereof, shall be ape such g °verning� in a meeting third v iolation n otify
City, ision or of t for that vac ant and O en Meeting I.avJ j
missloner of cotrecuonS any action position other vacancy. 973
IV Or c ment omet the C °m a art ournal keP hours racticable there any ..Minnesota P 1973 c 654 S 15,
mission or d P miss tried in a j soon as P the case be Cited as the
Of pardons and or com ion on re co a1 business as in 1 T 74 s 18; 198 c 46
board, Cote department public shall be all norm each the P°siu
a8ea C lace, board, °pen to the P n to the public ecur►beg recorded
shall be recd on This section u` 967 c 462 S 1' 1 19 3 3
xed 1; 174 983c 7S 23 art 5 S i'1983c
mo unts fi Subd• 3. c i
subC required to ope each m sand irnission when 1957 c 773 S 1;
al shall b The vote °f merits, claim w Elistory c 271 S 6; 1981 c
pv which l ourn eats of judg board, or c° 1.3; 1975
records are keP t for Pay state agen the c 6 or a licen
O f m oney, exce apply to Unary Proceedings 80 s the fee f ursuant y s 27 CICE•
where such discip held P a po ds o S N icer therefrom Only be
app This shall n by N5E F EES; NO town may d ch
involving ly to a meeting er may city or a ange shall
This Sect �tions pu bl i c employ LICE
or sta or to dispense of �e °Elbe prop
by statute. Th
udicial fun 1 does not app body of eti
a P to consider strategy 4 ?I ?0? is sectio
uasij meng or discussion A home rule Charter
exercising q Su bdivision The g ove rning closed deve l o pments of to vending Mai1e a before the
to hold t ies Or de ents sections 1 ?4A. to own °L operate a on the matter.
SQL a this Subd ►vi sion. decide strate8 at least 3 or charter'
P public meeting otiation ursuant t. 1 be anaoun and heating
ocedure in
n raP°Sa1s, coed meeting the persons alceadY Provision
of other law
majority vote in a P including neg uclea l ased shy resent at the Seni no a inconsistent pease
r ne gotiatio ns lace of the rs ous P The t
f iabo ot- do P ri d all other Pe m pe °w supersedes any S i 4 ?}.83 the terms
of labor neg meat and 4 fret the 198 c 393 1 to ntext
tt m el bens a closed
an d Ceviewfhe time of co A v ratter roll of me h pu blic a es shall be ears after lustory ores of sections 471 unless the co
1 ?gA•25 he meeting a available to strategy it for two Y cts to /hem
otiation b contra INITION F the pure s ascribed
a t the Pub s hall be mad to discuss n rese ub it C after all labor A ?].71 DO, Terms• the meaning and school dis-
closed meeting meeting shall P vvision 1 shalt e
hav to
s of a closed ran?, bo rid aitable to the P od• labor tion includes Cities, to
proceed of the g° Made a budge Pen that' discuss Of iat Sum alit' include
shall be ent n disc ion defined this sec ,.l�unicip
at the expense s ign and body for the curt of labor neg doting wires. lily "school distri t, d
n
c
Contract is Si g u blicbus iness re view otherwise requires. °town °t 1
the signed by the g°" t claiming tats or discussion �r Ua to this eVbew the tecordi 5 Subd 2 4? a
City 4 1 g3 by Sections
are velopme held P shall r Section
�hooldistrict• 471. ?_1 to
[f an action is bro de meeting the court of this or ri s trios. C town ect to sections includes all gene
to ies closed ublic, violation ade subj payable
st rategies the P rued in the rec Subd of the class m mde ntedness p Y
negotiation lava to which is a
proposals was transacted at a tour determines that po s on those NUn {end
e is not a s hall be geese this section. be except Indebtedness
e when the ta p [f the rid t he reCatdin ublic pursuant t ecording may 4? 1.13. i d
b an
%heUtr cam a o the p ecthet 4 Un {ended exceP P ro pe rty
of the meeting in S h a libe ade available found, the Ue stedbY Subd rid meats defiled Prope
ise m of this section is eats against be
found, the action violation prow orders as o bl i g a t io ns
ade available from s pe cial assess
of the tour until nes h t a ect o any P t
determ subj shall recover from spe
AP, „,i in its enpretYi�� the tou _r P of after the ,.,•purred
CONSTITUTION OF TKE .C.'I?. ^E OF Y,_"i4FZS0TP,
ARTICLE XII
SPECIAL LEGISLATION; LOCAL GOVERNMENT
Section 1. Prohibition of special legislation; particular subjects. In all cases when
a general law can be made applicable, a special law shall not be enacted except as
provided in section 2. Whether a general law could have been made applicable in any
case shall be judicially determined without regard to any legislative assertion on that
subject. The legislature shall pass no local or special law authorizing the laying out,
opening, altering, vacating or maintaining of roads, highways, streets or alleys; remit-
ting fines, penalties or forfeitures; changing the names of persons, places, lakes or rivers;
authorizing the adoption or legitimation of children; changing the law of descent or
succession; conferring rights on minors; declaring any named person of age; giving
effect to informal or invalid wills or deeds, or affecting the estates of minors or persons
under disability; granting divorces; exempting property from taxation or regulating the
rate of interest on money; creating private corporations, or amending, renewing, or
extending the charters thereof; granting to any private corporation, association, or
individual any special or exclusive privilege, immunity or franchise whatever or
authorizing public taxation for a private purpose. The inhibitions of local or special
laws in this section shall not prevent the passage of general laws on any of the subjects
enumerated.
Sec. 2. Special laws; local government. Every law which upon its effective date I
applies to a single local government unit or to a group of such units in a single county
or a number of contiguous counties is a special law and shall name the unit or, in the
latter case, the counties to which it applies. The legislature may enact special laws
relating to local government units, but a special law, unless otherwise provided by
general law, shall become effective only after its approval by the affected unit expressed
through the voters or the governing body and by such majority as the legislature may
direct. Any special law may be modified or superseded by a later home rule charter or
amendment applicable to the same local government unit, but this does not prevent the
adoption of subsequent laws on the same subject. The legislature may repeal any
existing special or local law, but shall not amend, extend or modify any of the same
p except as provided in this section.
Sec. 3. Local government; legislation affecting. The legislature may provide by
law for the creation, organization, administration, consolidation, division and dissolu-
tion of local government units and their functions, for the change of boundaries thereof,
for their elective and appointive officers including qualifications for office and for the
transfer of county seats. A county boundary may not be changed or county seat
transferred until approved in each county affected by a majority of the voters voting
on the question.
Sec. 4. Home rule charter. Any local government unit when authorized by law
may adopt a home rule charter for its government. A charter shall become effective
if approved by such majority of the voters of the local government unit as the legislature
prescribes by general law. If a charter provides for the consolidation or separation of
a city and a county, in whole or in part, it shall not be effective without approval of the
voters both in the city and in the remainder of the county by the majority required by
law.
Sec. 5. Charter commissions. The legislature shall provide by law for charter
commissions. Notwithstanding any other constitutional limitations the legislature may
require that commission members be freeholders, provide for their appointment by
judges of the district court, and permit any member to hold any other elective or
appointive office other than judicial. Home rule charter amendments may be proposed
by a charter commission or by a petition of five percent of the voters of the local
government unit as determined by law and shall not become effective until approved
by the voters by the majority required by law. Amendments may be proposed and
adopted in any other manner provided by law. A local government unit may repeal
its home rule charter and adopt a statutory form of government or a new charter upon
the same majority vote as is required by law for the adoption of a charter in the first
instance.
13.02 GOVERNMENT DATA PRACTICES 210 111
GOVERNMENT DATA PRACTICES 13.03
statewide system means the state official designated by law or by the commissioner as oiled with a significant expenditure of public funds by the agency, the responsible
the individual responsible for the collection, use and dissemination of any set of data authority may charge a reasonable fee for the information in addition to the costs of
on individuals, government data, or summary data. "Responsible authority" in auy making, certifying, and compiling the copies. Any fee charged must be clearly demon
political subdivision means the individual designated by the governing body of that strated by the agency to relate to the actual development costs of the information. The
political subdivision as the individual responsible for the collection, use, and dissemi- responsible authority, upon the request of any person, shall provide sufficient documen-
nation of any set of data on individuals, government data, or summary data, unless tation to explain and justify the fee being charged.
otherwise provided by state law. If the responsible authority or designee determines that the requested data is
Subd. 17. State agency. "State agency" means the state, the university of classified so as to deny the requesting person access, the responsible authority or
Minnesota, and any office, officer, department, division, bureau, board, commission, designee shall inform the requesting person of the determination either orally at the
authority, district or agency of the state. time of the request, or in writing as soon after that time as possible, and shall cite the
Subd. 18. Statewide system. "Statewide system" includes any record keeping specific statutory section, temporary classification, or specific provision of federal law
system in which government data is collected, stored, disseminated and used by means on which the determination is based. Upon the request of any person denied access
of a system common to one or more state agencies or more than one of its political to data, the responsible authority or designee shall certify in writing that the request
subdivisions or any combination of state agencies and political subdivisions. has been denied and cite the specific statutory section, temporary classification, or
Subd. 19. Summary data. "Summary data" means statistical records and reports specific provision of federal law upon which the denial was based.
derived from data on individuals but in which individuals are not identified and from Subd. 4. Change in classification of data. The classification of data in the
which neither their identities nor any other characteristic that could uniquely identify possession of an agency shall change if it is required to do so to comply with either
an individual is ascertainable. judicial or administrative rules pertaining to the conduct of legal actions or with a
History: 1974 c 479 s 1; 1975 c 401 s 1; 1976 c 239 s 2; 1976 c 283 s 1 -5; 1977 c 375 specific statute applicable to the data in the possession of the disseminating or receiving
s 1 -5; 1978 c 790 s 1; 1979 c 328 s,2-6: 1980 c 603 s 1 -6. 1980 c 618 s 25; 1981 c 311 s agency.
2- 6,39,• 1982 c 545 s 1,24; 1984 c 436 s 1 If data on individuals is classified as both private and confidential by this chapter,
or any other statute or federal law, the data is private.
13.03 ACCESS TO GOVERNMENT DATA. To the extent that government data is disseminated to state agencies, political
Subdivision 1. Public data. All government data collected, created, received, subdivisions, or statewide systems by another state agency, political subdivision, or
maintained or disseminated by a state agency, political subdivision, or statewide statewide system, the data disseminated shalt have the same classification in the hands
system shall be public unless classified by statute, or temporary classification pursuant of the agency receiving it as it had in the hands of the entity providing it.
to section 13.06, or federal law, as nonpublic or protected nonpublic, or with respect Subd. 5. Copyright or patent of computer program. Nothing in this chapter or any
to data on individuals, as private or confidential. The responsible authority in every other statute shall be construed to prevent a state agency, statewide system, or political
state agency, political subdivision and statewide system shalt keep records containing subdivision from acquiring a copyright or patent for a computer software program or
government data in such an arrangement and condition as to make them easily components of a program created by that government agency. In the event that a
accessible for convenient use. Photographic, photostatic, microphotographic, or government agency does acquire a patent or copyright to a computer software program
microfilmed records shall be considered as accessible for convenient use regardless of or component of a program, the data shall be treated as trade secret information
the size of such records. pursuant to section 13.37.
Subd. 2. Procedures. The responsible authority in every state agency, political Subd. 6. Discoverability of not public data. If a state agency, political subdivision,
subdivision, and statewide system shall establish procedures, consistent with this or statewide system opposes discovery of government data or release of data pursuant
chapter, to insure that requests for government data are received and complied with to court order on the grounds that the data are classified as not public, the party that
in an appropriate and prompt manner. Full convenience and comprehensive accessi- I seeks access to the data may bring before the appropriate presiding judicial officer,
bility shall be allowed to researchers including historians, genealogists and other arbitrator, or administrative law judge an action to compel discovery or an action in
scholars to carry out extensive research and complete copying of all records containing the nature of an action to compel discovery.
government data except as otherwise expressly provided by law. The presiding officer shall first decide whether the data are discoverable or releas-
A responsible authority may designate one or more designees. able pursuant to the rules of evidence and of criminal, civil, or administrative proce-
Subd. 3. Request for access to data. Upon request to a responsible authority or dure appropriate to the action.
designee, a person shall be permitted to inspect and copy public government data at If the data are discoverable the presiding officer shall decide whether the benefit
reasonable times and places, and, upon request, shall be informed of the data's mean- to the party seeking access to the data outweighs any harm to the confidentiality
ing. The responsible authority may not require the requesting person to pay a fee to interests of the agency maintaining the data, or of any person who has provided the data
inspect data. The responsible authority or designee shall provide copies of public or who is the subject of the data, or to the privacy interest of an individual identified
government data upon request. The responsible authority may require the requesting in the data. In making the decision, the presiding officer shall consider whether notice
person to pay the actual costs of searching for and retrieving government data and for to the subject of the data is warranted and, if warranted, what type of notice must be
making, certifying and compiling the copies of the data but may not charge for given. The presiding officer may fashion and issue any protective orders necessary to
separating public from not public data. If the responsible authority or designee is not assure proper handling of the data by the parties.
able to provide copies at the time a request is made, copies shall be supplied as soon Subd. 7. Data transferred to archives. When government data that is classified
as reasonably possible. as not public by this chapter or any other statute, including private data on decedents
When a request under this subdivision involves any person's receipt of copies of and confidential data on decedents, is physically transferred to the state archives, the
public government data that has commercial value and is an entire formula, pattern, data shall no longer be classified as not public and access to and use of the data shall
compilation, program, device, method, technique, process, data base, or system devel- by governed by section 138.17.
GOVERNM r DATA PRACTICES'""
including recipients named by
lete data, believes the data to of
income ment
242 vidual that the author'individuat s state
Past recipients of inacc he in or di On if the
notify P or (b) notify disclosed
t for security the
individua in dispute shall bdisclosed data. be appealed Pursuant to the
vERNMENT DATA PRACTIC a pu blic correct. Data al beco t�.03 GO not on indivi duals. ublic either ten j {cem ent is included with the nsible authority ma contested cases. 1981 c 311
ears after the data d i sa greement of the respO 1980 c bpi s 12;
Chang protected nonpublic data se ten yea' or P nsible authority i The determ pro, act relating 1986 c
e to classification of data ent ag 75 s 7, 444
Subd. nonpublic and P the
go if the 401 S 4; 14 c 3
anon, none agency unless the respO roes tha>> pCOVisions of the adm791s 4a 1975 c 1S 1.985 c I4 art 1 s 3;
inform any governmental ag determ to the public 1974 c 4
years after the crea`lecn d by data Y subject, the harm History: 5d5 s 4,24; 1984 c 436 s 5, D shall
was received or cO en cy °r the data reasonably 1982 c gpRIT onsible authority
or custodial ag ublic Or to the data subj S 9 34; SIBLE AUT sties, The resp and a the
for the originating Uhler °son den ed acc may pl1 IIBS pF RESPON title and address,
the P benefit to the F
data were made available to the be data, the Pe release of the data. s 13 05 merit of data cath ,s name,
would peeking Uhler document the authority pr i va te or conftdential
data subject denies access to the where the data rocess relating y statewide system, Or
or to a in district cou n the county in a n y gubdivis►On l P containin file, Or P shall be
the responsible authority an action located a ency, pre pare a public document Of record, authority s state agency,
data
e the denial by ht m the district court a state g In deciding lion of each category b the c onfidential thereafter,
The action
challeng case of data maintained by camera. sin descnP aintamed Y collect private and d annually n
in the the court enefits a used Aug ust 977 an make any cha fe
shall be brought ned by benefits harmn data on indiv i
iduals In Dorms to 1 1
a innng ent and available
maintained, Oi,
are being ute c ourt shall be exam' s hall consider the w ritten stateme u ment. B blic docu
g the pu ent shall be
The data in disp the co shalt make a political the public doe date document. The docum the provisions of
county- release the data, The court included in the p shall uP of the with
set forth above. 4 art 1 s 6; 1982 the responsible authority accuracy Uhler in accordance
whether manner as 1981 e t maintain the to the 4 respo nsible
the same of its decision. 1981 c 311 s 39; 1SP necessary ons uire r an
findings in support c the respible authority missioner may req ri d may
7; 10 603 S 7- from l 5.1 The Co roce-
ent required in subdivision olicies and p a
History: 1979 c d36 s 98
2 4, 1985 c 298 S j -4 sections 13.03 and lssi°°er. prac tices, p
1984 c Copies to Comm ublic
C 5.45 S 2 24 pF DATA. whom the data is stored Subd. docum 2 it copies of the p
QP g JBJEC15 au thoritiiedd nformaUOn relevant to data collection Collection and storage of
ItIGH•T6 of data• The rights of individuals d to On request
I3.O individual as ked Pr i va te and and manag
Subdivision
section. lion and storage. confi
1 be set forth in this given ha agency, ination h P inistration and
store be as required to be 8 state Subd. 3 General standards dissemll {or the adm Overning ody Or
d shall
or to be on ris the in( th t a collecting °tmed of (al dures. the legislature or local g
refuse or is all data on individuals and
Subd. 2 Information req uested data wit from limited to that necessary the
1 private or cOl dedtus data he req uence arising on in IS ISsgec1f1cally auth p or
ori olitical
supP Y intended stem; (b) whether the indQn eA 1 may O f other ent, r confidential
data
pS e and c an y known the identity This ment of prof, Overnm d use of data•
the pure ivision, or statewide system, and (d) data. the federal g or disseminated bt
uested data; collection and ses O ther than those
political subd to s lY the req fldential data" and
receive the mandated by Limitations on stored, s any P
legally required rivate or con federal law 1 investigative data, Subd. 4 shall not be collected, enrich with section 13 0
4
or refusing to supply p b state Or individual state ag in, a ccordanc e
supplyi ent officer' on an systems or of collection
persons or entities authorized Y statewide
the time have not treated as
1 dividu
supplying -dual en oc em up tthese iions, i 75 an d which been
require not apply when u bdivi an in sion 5, to a notice required u der this of on thes subdivision stated to the oses for which the data
ment shall
section 13 82 lace the rovided in this at subdivision-, August 1, 19 {or the purp the commis"
pursuant to rOperty tax refund instructions inste except as llected Prior disseminated apple
by
The commissioner of tax or P may F risible authority (a) Data cO stored, and specifically app
resp° data On be used, urpOses w hi c h h are sp
in the individual Inc me o upon request e a subject of stored public data, may safety, Or We disseminated to individuals or
b individual. n further was Originally collected or health, dissem local or federal law
forms• to data Y Individual Is the subj a be used and state,
Subd. 3
Access ed whether the p rivate or confidential. UFO sioner as necessary to P t that data by
Inform public data on individuals of the
data m
rivate or p inform (b) private of confdential access
shall be data ecifically authorized data. a nd disseminated to individuals or
ant shall be ect o f stored P f desired wn the private agencies sp co ll ec tion of the used a onsible authority
viduals> and whether it is classified as P e and,
indi charge su b se quent to the CO data when the resp
request, an individual
who is any riding Or subseq of the erne n t as
n sho or dissemina
the data A ft e r an individual closed the collection
shall be shown of that data. not be private or confidential data may w or diff COm
erent use in
disclosed to that individual for six roya for a ne roved by the
the data need pursuant this section pen uent t° uested aPP
cont meaning ent and Of its meaning or action P nt to sr created• req uest by the agencies ing the data has req been specifically app agency
dispute b law• ncy if the
and inform been collected ue sting mamiainingthe that request has assigned y person Or g Whether
months thereafter unless a rivate or Public data r quite the requesting function formed consent. s-
on the individ of the P may ies. of the data and Out a disseminated to any P
additional data` provide copies responsible author tty l- rig the COP uest necessary to care b used by and Ve even their ined by rules of the °n'
shall p The data may determine by an individual
authority certifying, if possible, with any request (d) Private ects of the data hav g even agency
1 immediately individual subject or subj e d consent shalt be odhave been g any person or of
Individ to Y the actual costs sh making,
y s o{ the date °f 1. request'
not even inform resenta
vr day ediate comp a data subject has g ive shall not be d Sta authorizinf
person or within fi respons of any
The responsible authority s, if I. With"' sioner. informed b the sifninf insurer or its authorize rep
s and legal holiday within that time, the
made pursuant to this un !send, the request subject of the data Y
uding
S with d may have an additional fivead holidays rt
1 o comply n a s and leg a to disclose informs` Ginn n °St the individual to a
exc if un able t s Sul Y
possible. the individual, a Saturday ess the sta ua
authority shall so inform excluding lete. An individual subj (1) In plain lang g
comply with the request, ublic or private data. ho�ity
tive, unl e
W hich tO when data is not a of P the responsible auth (21 pared;
Subd. 4• Procedure or comp in writing shall within 30
_tt ct the accuracy .eta �ut hori lY _.,.Mnt to
GOVERNMENT DATA PRACTICES 13.06
13.05 GOVERNMENT DATA PRACTICES 244 `r I45
(3) Specific in designating the particular persons or agencies the data subject is section 13.03, the responsible authority of a state agency, political subdivision, or
authorizing to disclose information about the data subject; statewide system may apply to the commissioner for permission to classify data or types
(4) Specific as to the nature of the information the subject is authorizing to be of data on individuals as private or confidential, or data not on individuals as nonpub-
disclosed; lic or protected nonpublic, for its own use and for the use of other similar agencies,
(5) Specific as to the persons or agencies to whom the subject is authorizing 1 political subdivisions, or statewide systems on a temporary basis until a proposed
statute can be acted upon by the legislature. The application for temporary classification
information to be disclosed;
is public.
(6) Specific as to the purpose or purposes for which the information may be used
by any of the parties named in clause (5), both at the time of the disclosure and at any Upon the filing an application for temporary classification, the data which is the
subject of the application shall be deemed to be classified asset forth in the application
time in the future;
(7) Specific as to its expiration date which should be within a reasonable period for a period of 45 days, or until the application is disapproved, rejected, or granted by
of time, not to exceed one year except in the case of authorizations given in connection the commissioner, whichever is earlier.
with applications for life insurance or noncancelable or guaranteed renewable health if the commissioner determines that an application has been submitted for pur-
insurance and identified as such, two years after the date of the policy. poses not consistent with this section, the commissioner may immediately reject the
Subd. 5. Data protection. The responsible authority shall (1) establish procedures application, give notice of that rejection to the applicant, and return the application.
to assure that all data on individuals is accurate, complete, and current for the purposes When the applicant receives the notice of rejection from the commissioner, the data
for which it was collected; and (2) establish appropriate security safeguards for all which was the subject of the application shall have the classification it had before the
records containing data on individuals. application was submitted to the commissioner.
Subd. 2. Contents of application for private or confidential data. An application
Subd. 6. Contracts. Except as provided in section 13.46, subdivision 5, in any
contract between a governmental unit subject to this chapter and any person, when the for temporary classification of data on individuals shall include and the applicant shall
have the burden
contract requires that data on individuals be made available to the contracting parties l
c clearly establishing that no statute currently exists which either
by the governmental unit, that data shall be administered consistent with this chapter. allows or forbids classification as private or confidential; and either
A contracting party shall maintain the data on individuals which it received according (a) That data similar to that for which the temporary classification is sought has
been treated as either private or confidential by other state agencies or political
to the statutory provisions applicable to the data.
subdivisions, and by the public;
Subd. 7. Preparation of summary data. The use of summary data derived from x
private or confidential data on individuals under the jurisdiction of one or more (b) That a compelling need exists for immediate temporary classification, which
responsible authorities is permitted. Unless classified pursuant to section 13.06, if not granted could adversely affect the public interest or the health, safety, well being
another statute, or federal law, summary data is public. The responsible authority shall or reputation of the data subject.
prepare summary data from private or confidential data on individuals upon the Subd. 3. Contents of application for nonpublic or nonpublic protected data. An
request of any person if the request is in writing and the cost of preparing the summary application for temporary classification of government data not on individuals shall
data is borne by the requesting person. The responsible authority may delegate the include and the applicant shall have the burden of clearly establishing that no statute
power to prepare summary data (1) to the administrative officer• responsible for any currently exists which either allows or forbids classification as nonpublic or protected
central repository of summary data; or (2) to a person outside of its agency if the nonpublic; and either
person's purpose is set forth, in writing, and the person agrees not to disclose, and the (a) That data similar to that for which the temporary classification is sought has
agency reasonably determines that the access will not compromise private or confiden- been treated as nonpublic or protected nonpublic by other state agencies or political
tial data on individuals. subdivisions, and by the public; or
Subd. 8. Publication of access procedures. The responsible authority shall prepare (b) Public access to the data would render unworkable a program authorized by
a public document setting forth in writing the rights of the data subject pursuant to law; or
section 13.04 and the specific procedures in effect in the state agency, statewide system (c) That a compelling need exists for immediate temporary classification, which
or political subdivision for access by the data subject to public or private data on if not granted could adversely affect the health, safety or welfare of the public.
individuals. Subd. 4. Procedure when classification affects others. If the commissioner
Subd. 9. Intergovernmental access of data. A responsible authority shall allow determines that an application for temporary classification involves data which would
another responsible authority access to data classified as not public only when the reasonably be classified in the same manner by all agencies, political subdivisions, or
access is authorized or required by statute or federal law. An agency that supplies statewide systems similar to the one which made the application, the commissioner
government data under this subdivision may require the requesting agency to pay the may approve or disapprove the classification for data of the kind which is the subject
actual cost of supplying the data. of the application for the use of all agencies, political subdivisions, or statewide systems
Subd. 10. International dissemination. No state agency or political subdivision similar to the applicant. On deeming this approach advisable, the commissioner shall
shall transfer or disseminate any private or confidential data on individuals to the provide notice of the proposed action by publication in the state register and by
private international organization .known as Interpol, except through the Interpol- notification to the intergovernmental information systems advisory council, within ten
United States National Central Bureau, United States Department of Justice. days of receiving the application. Within 30 days after publication In the state register
History: 1974 c 479 s 2, 1975 c 401 s 2, 1976 c 239 s 3, 1976 c 283 s 6, 7; 1978 c 790 and notification to the council, an affected agency, political subdivision, the public, or
S 3:1979 c 328 s 8; 1981 c 311 s 7,39,• 1Sp1981 c 4 art 1 s 7; 1982 c 545 s 24, 1984 c 436 statewide system may submit comments on the commissioner's proposal. The commis
s 6-9,• 1986 c 444 sioner shall consider any comments received when granting or denying a classification
for data of the kind which is the subject of the application, for the use of all agencies,
13.06 TEMPORARY CLASSIFICATION. Political subdivisions, or statewide systems similar to the applicant. Within 45 days
Subdivision 1. Application to commissioner. Notwithstanding the provisions of after the close of the period for submitting comment, the commissioner shall grant or
BROOKLYIN CE INTER CHARTER C0r IIIISSION
AUDIT REPOU
SEPTE,'DEP, 3r, 1 937
geginnina Balance
Expenditures:
Supplies3. 3
Services 4 7 0 0 3
Total 519. 0 1
Ending Balance 0 80. 0
Respectfully submitted,
r
,Mean E. Schiebel
Audit Chairperson
4�
X E M O R A N D U M
TO: MEMBERS OF THE SUBCOMMITTEE 08 RULES OF PROCEDURE
FROM: Mary Heitzig, Chairperson, Sub-Committeq�#
DATE: JuIr 23, 1987
RE: Draft of Proposed Changes to Rules of Procedure
Enclosed please find the minutes of the July 14, 1987, subcommittee
meeting regarding the rules of procedure and a draft on the changes to
the rules (dated 4- 23 -80) that were discussed at that meeting. In
summary, the major changes are in Sections IV, V, and VI. In
discussions with our Administrative Assistant, we felt the additions of
her duties indicated in Section V.C. should be made. We also felt
clarifications of the Executive Committee and their duties should be
made and are so noted._ Gender changes involve pages 1 through 6
inclusive of the present rules.
Please review the changes and advise me as to your thoughts. My phone
number is 561 -8631. I will be gone on vacation from Friday, July 25
through August 2. If necessary, we will have another sub committee
meeting before the next regular meeting in September.
Encl.
cc: Dennis Kueng, Chairman
'i
BROOKLYN CENTER CHARTER COMMISSION
MINUTES OF THE SUB COMMITTEE ON THE RULES OF PROCEDURE
JULY 14, 1987
7 P.M. CITY HALL, ROOM A
Members present: Donn Escher, Mary Heitzig, Tony Kuefler, Dennis Kueng
The chairman of the sub committee, Mary Heitzig, called the meeting to order. The charge of
the sub committee is to determine if there are any additions /deletions /or corrections to be
made to the Rules of Procedure dated 4- 23 -80.
Donn Escher briefly stated the history in changes in the rules of procedure. The last time
was in 1980. He again ;stated that gender changes should be made along with any other changes
at this time.
Tony Kuefler asked for clarification on several items in the rules, namely: how the dates of
terms are determined, who informs the Charter Commission if there are changes in Minnesota
Statutes that affect the commission, what is meant by "final vote" in Section IV.D., who is
the Executive Committee, and what are the powers of the audit chairman. He also raised the
possibility of adding in the rules about inviting non commission citizens to address the
commission when charter changes are being considered. He suggested that civic organizations
be notified when such changes are being considered and to invite them to come to our
4
ings.
y Heitzig suggested that when non commission citizens attend our meetings and wish to
speak that perhaps we should have something put in the rules of procedure to cover what
procedure should be followed for that person to speak (when, how long, who must be notified
that they want to speak).
Carole Blowers brought up items that Ran Christensen presented at the last Charter Commission
meeting,namely: what is an excused absence for a commissioner; what occurs at the annual
meeting; what is in the annual report. Answers to these questions are answered in the
present rules of procedure except for what constitutes an excused absence. Up to this point,
a erson is excused from the meeting as long s he/she has notified the chairman or his
P g
g
assistant.
Considering all items presented above, it was felt that major changes would result in
affecting the following sections:
Section IV MEETINGS (adding a section on an "open forum" time during each meeting with the
person(s) registering with the chairman prior to the meeting if he /she wants to speak);
Section VI EXECUTIVE COMMITTEE (adding a section that the chairman invite the City Manager
yearly to update commissioners on changes made to the Minnesota Statutes and also adding a
section that the public relations chairman solicit names of organizations who want to be on
our mailing list and that this person would also gather and update lists of civic
organizations in the city for the purpose of including them in our mailing list);
aO ender changes g es to be made throughout the rules which would mean changes on pages 1
n g
through 6 of the present rules.
Chairman Heitzig and the administrative assistant will prepare the proposed language on these
changes and present it to the subcommittee for their review prior to our mailing of the
agenda and previous minutes to the full commission for our September 30 meeting.
The meeting adjourned at 8:10 P.M.
Respectfully s 'tted,
Carole J. Blo s, C.P.S.
Administrative Assistant
Chairman: Dennis Kueng
Secretary: Barb Sexton
-2- 7 -14 -87
i