11.09.10 Correspondence Regarding Recent LegislationJanet Lewis
From:
Norton, Michael T. [mnorton@Kennedy-Graven.com]
Sent:
Tuesday, November 09, 2010 7:00 PM
To:
Janet Lewis
Cc:
Anne Norris
Subject:
Recent Legislation
Janet,
There is new statutory provision in Minn. Stat. § 205.07, subd. 1.a. which states that the terms of office for mayor and
council members in charter cities "expire on the first Monday in January." This provision clearly conflicts with the "or until
their successors are elected and qualified" provision in Section 2.03, subd. 5 of the Charter and raise the question of
whether the Charter Commission, or the Council, should consider a charter amendment at this time.
In my view even with the new legislation a court should be able to distinguish between when a term expires and when a
person elected qualifies for an office. However, there is a possibility that the new statute would be interpreted by the
courts so that the "or until their successors are elected and qualified." provision in the Charter would no longer be valid,
even though the Legislature probably did not intend that consequence. We have raised the issue with Tom Grundhoefer,
general counsel for the League of Cities and understand that the League will be proposing legislation next year to address
the apparent conflict and provide that local elected officials in charter cities would remain in office if their successors are
not "elected and qualified" as of the first Monday in January.
Because of the potential for a "legislative fix" next session, I recommend that no changes be made now to the "or until
their successors are elected and qualified." provision in Section 2.03, subd. 5 of the Charter. If no legislative changes
occur next year, we can re -visit the issue at that time.
Let me know if you have any questions on this issue. Feel free to also send this email to the Charter Commission as an
information item at your discretion.
Michael T. Norton, Attorney
Kennedy & Graven, Chartered
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
612-337-9242 (Direct) 612-875-9761 (Cell)
612-337-9310 (Fax)