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07.29.04 Correspondence Regarding Amendments to CharterHonorable Mayor and Members of the Crystal City Council July 29, 2004 Page 2 Second, the question of whether a contribution by a candidate's spouse or the candidate or any other person is to be reported is left to the city council to deal with in the required ordinance or resolution: the commission felt that the city council is best qualified to make this policy determination. State law provides for limits on such contributions but contains no reporting requirements for amounts below $750. The Commission feels that the reports required by the amendment are July 29, 2004 reasonable and will be helpful to the electorate in determining the sources of financial support for the offices. Honorable Mayor and Members of the Crystal City Council City Hall 4141 Douglas Drive North Crystal, MN 55422 RE: Proposed Amendment to City Charter Dear Mayor Meintsma and members of the City Council: The Charter Commission of the City of Crystal respectfully recommends that the City Council adopt the attached ordinance that proposes to amend the City Charter by the method prescribed by Minnesota Statutes, Section 410.12, subd. 7. The amendment would require the mayor and members of the City Council and candidates for those offices to report any campaign contribution as defined by law of more than $100 from any source (as defined in the ordinance or resolution) to the City Clerk and made a public record. The procedure for reporting would be left to the City Council to specify by ordinance or resolution. The ordinance or resolution could provide for a cost of living adjustment to the $100 figure. The amendment is substantially the same as submitted to you and the council on May 28, 2004. The Council returned that proposal to the commission for further study. The commission has made two modifications. First, the term "campaign contribution" now ties in the following definition in Minnesota Statutes, Section 21IA. 01, Subdivision 5: "Contribution" means anything of monetary value that is given or loaned to a candidate or committee for a political purpose. "Contribution" does not include a service provided without compensation by an individual. The amendment does not provide for penalties for non-compliance. Failure to comply would be a criminal offense under the State criminal code. The ordinance setting up the reporting procedure could contain a penalty provision if the council thought this necessary or practical. If you have any questions about this recommendation, please contact me at (763) 537-3181. Sincerely, Stuart Stockhaus, Chair Charter Commission, City of Crystal cc: City Clerk Commission Attorney Commission Members DJK-251216v1 DJK-251216v1 CR225-5 CR225-5 ORDINANCE NO. AN ORDINANCE RELATING TO CITY GOVERNMENT: AMENDING CHAPTER 4 OF THE CRYSTAL CITY CHARTER THE CITY OF CRYSTAL ORDAINS: Section 1. Background: findings, authority. 1.01. The City of Crystal (City) is governed by a home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an amendment (Amendment) to Chapter 4 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was held on , 2004, by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council fmds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Sec. 2. Adoption: effective date, filing. 2.01. The Amendment as proposed by the Commission is adopted. 2.02. The text of the proposed amendment is as follows: Section 4.11 Contribution: Council members and candidates. The City Council must, by ordinance or resolution, provide that a campaign contribution as defined by law to the mayor or a council member or candidates for the office of council member or mayor from any source (as defined in the ordinance or resolution) of more than $100 must be reported to the city clerk and made a public record. The council may in the ordinance or resolution provide that the $100 limit of this section be adjusted for inflation by an appropriate cost of living index. 2.03. This ordinance is effective _ 2004. If, by 2004, a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act, is filed with the City Clerk, this DJK-248120v2 CR225-5 ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at a special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. ATTEST: Clci-k DJK-248120v2 CR225-5 Mayor 2