98-851Council FIle # � S t
Green Sheet # �n �a-�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Refened To Committee: Date
1
2 WI�REAS, on August 27, 1998, the Saint Paul Charter Commission transmitted a
3 recommendation to City Council President Bostrom that Saint Paul City Charter §§ 2.02
4 pertaining to the length of a city councilmember's term of o�ce be amended to provide that the
5 term of office shall be for four (4) yeazs; and
10
11
12
13
14
15
16
fl7
18
19
20
21
22
23
24
WHEREAS, the Saint Paul Charter Commission has requested, pursuant to Minn. Stat. §
410.12, Subd. 4, that these recommended amendments be submitted to qualified voters during
the November 4, 1998 general election; and
WHEREAS, Minn. Stat. § 410.12, Subd 4 provides that the form of such ballot questions
shall be fixed by the City Council; I30VJ, THEREFOBE,
BE IT RESOLVED, that the amendments to the Saint Paul City Charter as recommended
by the Saint Pau1 Charter Commission under cover of its letter dated August 27, 1998 which is
attached hereto and incorporated herein by reference be submitted to the electorate of the City of
Saint Paul at the general election to be held November 4, 1998; AND BE IT
FURTHER RESOLVED, that pursuant to Minn. Stat. § 41012, Subd. 4, the form of the
questions on the ballot for the attached proposed charter amendments shall read as follows:
"Sha11 the Saint Paul Ciry Charter be amended to provide that each
councilmember sha11 hold office for a terxn of four (4) yeazs?"
� a8 -�5�
2 AND BE IT FINALLY RESOLVED, that Clerk of the City of Saint Paul is directed to
3 take the necessary steps to place these questions on the ballot of the November 4, 1998 general
4 elecrion for submission to the electorate of the City of Saint Paul.
Requested by Depaxtment of:
By:
Form Appro by City Attorney
By: `/� L✓'^' a✓vl^° l��.S !�
Approved by Ma}ror for Submission to Council
��rA�" �;t�i� -
By:
Adopted by Council: Date •�� R{(�
Adoption Certified by Council Secretary
CITY COUNCIL
""'"..'�"""'"°�"`""` 266-8660
Council President Bostrom
. 9, 1998 -
TOTAL # OF SIGNATURE PAGES
DATE INIMTm
9/16/98
c'T.'=-
GREEN SHEET No
M1 V /�� \
622'7'7
u��� u��—
❑ fJIYAiiORIEY ❑ CRYCiR1I
❑ ww¢w.smv�cEaa.� ❑ wuHU��.aacavrvraec�n
❑ WWR(OR116ffiT111R) �
(CL.IP ALL LOCATIONS FOR SIGNATURE)
Approving the form of the ballot question recommended by the Saint Paul Charter Commission
to amend the Saint Paul City Charter 2.02 pertaining to the lengeh of a City Councilmember's
term of office to four years.
PUWNING COMMISSION
CIB COMMIITEE
CIVIL SERVICE COMMISSION
IF APPROVED
OF TRANSACTION
SOURCE
Item
Has this PersoNfirm ever worked untler a cont+act tw this EepahmeM?
VES NO
Has this P�rm e�er been e dh emWuYee9
YES NO
Does this pe�soMlm possess a sldN not normallypocseasetl bY any c�irerR city employee?
VES NO
la this persoMfirm a targetetl venda?
YES NO
�lain all ves a�wers on seoaate sheet arM attach W areen sheet
COST/REVENUE BUDGEfm (CIRCLE ONE)
ACTNRY NUMBER
YES NO
(IXPWN)
CITY OF SAII�IT PAUL
Norm Colemm; Mayo>
September 16,1998
Council President Bosirom
Councilmember Blakey
Councilmember Coleman
Councilmember Harris
Councilmember Benanav
Councilmember Reiter
Councilmember Lantry
OFFICE OF TF� CITY ATTORNEY
Clayton M. Robinson, Jr., City Attorney (� F 1
tD u �
civit Division
400CityHall Telephane:651266-8770
ISWestKelloggBtvd Facsimile:651298-5619 '
Saint Pmd, �rmesom SSIO2
RE: Recommendation of the Saint Paul Charter Commission to amend Saint Paul City Charter §
2.02 pertaining to city councilmember term of office and Saint Paul City Charter §§ 2.07 and
2.07.1 pertaining to the annual salary of a city councilmember.
Deaz Councilmembers:
The Saint Paul Charter Commission has requested that amendments to certain sections of
the Saint Paul City Charter be placed on the ballot for consideration by Saint Paul voters during
the upcoming November 1998 general election. I have attached for your review a copy of the
resolution of the Charter Commission in wluch the requests were made.
I have also been advised that the Ramsey County Elections/Voter Registrafion Bureau is
sendin$ the November general election ballots to the printers this Friday, September 18, 1998.
The Charter Commission has recommended three amendments. First, that Saint Paul City
Charter § 2.02 be amended to provide a fow year term for councilmembers. Second and third,
the Charter Commission has recommended that Charter §§ 2.07 and 2.07.1, each pertaining to
the amount of annual compensarion a councilmember may receive, be amended to provided that
the council shall fix the amount of annual compensation a councilmember may receive.
The purpose of tlus memo is to provide you with legal advice as to your authority to set
the language pertaining to the charter amendments which will appear on the general election
ballot and to provide you with some legal context surrounding the charter amendments.
Saint Paul City Council
September 16, 1998
Page Two
q`S' �S1
Minnesota Statutes § 410.12, Subd. 4 provides that one of the methods of aznending a city
charter includes submitting proposed charter amendments to that city's electornte during a
general election. Minn. Stat. § 410.12, Subd. 4 further provides that the form of the ballot
question submitted to the electorate °shall be fiYed by the goveming body.° Tlus means that the
City Council, not the Charter Commission, selects the language which will appeaz on the general
election ballot I have prepazed two resolutions for your consideration. Each resolution proposes
ballot language pertaining to the Chazter Commission's recommendation as to a councilmembers
term of office and compensation.
The first resolution addresses the Charter Commission's recommendation that a
councilmembers term of office shall be four years rather than the present two yeaz teim.
Presently, a special state law [MI�T Laws 1997, ch. 153, sec. 6] exempts the two yeaz term
of office for Saint Paul City Councilmembers set forth in Saint Paul City Charter § 2.02 from the
provisions of Minn. Stat. § 205.07, Subd. 1 wlvch sets the term of office for city council
members throughout the state at four years. This exemption will continue until such time as the
Saint Paul City Charter is amended. The proposed resolution would submit the quesrion of
whether the Saint Paul City Charter should be atnended to provide that city councilmembers
serve four yeaz terms to the electorate of Saint Paul.
The second resolution addresses the Charter Commission's recommendation that the
Council fix its annual compensation.
Presently, Saint Paul City Charter § 2.07 sets the annual compensa6on of
councilmembers at $14,000.00. In addition, Saint Paul City Charter § 2.07.1 sets the annual
compensation of councilmembers, as of the first business day of January, 1994 at $30,000. The
Charter Commission has recommended that the dollaz amount references in both Saint Paul City
Charter §§ 2.07 and 2.07.1 be eliminated. The Charter Commission has recommended that new
language be substituted that provides for the City Council to fix its salary without reference to a
specified dollaz amount.
It appeazs that Saint Paul City Chatter § 2.07 has been in the Saint Paul City Charter for a
considerable period of time. If further appeazs that Saint Paul City Charter § 2.07.1 has been a
part of the Saint Paul City Charter since the City Council became "part-time° in 1994.
The proposed charter atnendments appeaz to clean up the City Charter by eliminating
unnecessary language and by bringing the City Charter into hazmony with the City's
Administrarive Code as well as state law. In MN Laws 1973, chap. 691, sec. 4, the City was
authorized to "... fix in term and refix from time to time the compensation of all duly elected
officers under its charter. Such compensation shall be fixed by ordinance passed upon in the
manner provided for by the charter of the city of Saint Paul, ...." In accord with MN Laws
1973, chap. 691, sec. 4, Saint Paul Administrative Code § 32.01(a)(2) presently fixes the salary
of counciimembers at $30,000.00.
'Saint Paul City Council
September 16, 1998
Page Three
��. �S l
The proposed amendments to Saint Paul City Charter §§ 2.07 and 2.07.1 will clean up the
City Charter by removing references to dollar amounts wlrich are not necessary to the integrity of
the City Chazter. Moreover, MN Laws 1973, chap. 691, sec. 4 already provides that the
councilmembers annual salary may be fixed by administrative ordinance adopted as part of the
Saint Paul Adm'vustrative Code.
To that end, given that the City Council is vested with the authority to set the language of
ballot questions pertaining to ct�arter amendments recommended by the Charter Commission
pursuant to Minn. Stat. § 410.12. Subd. 4, I respectfully submit the proposed ballot language as
set forth in the attached resolutions for your consideration.
Finally, I apologize for the short lead time you haue to consider these unportant matters. If you
have any questions, please contact me.
Very truly yours,
���W�
eter W. Warner
Assistant City Attorney
SAINT PAUL CH
SAIN7 PAUL,
August 27, 1998
Dan Bos�om, President
St. Paui City Council
310 Ciry Hall
Saint Paul, MN 55102
Re: Proposed City Charter Amendments
Dear Council President Bostrom:
55102
P�
���� �`'�� �,�;�
a
The Saiat Paut Charter Commission has appmved resolutions recommending amendment
of tt� Saint Paul City Charnr to (1) chaage tiu term of city couacil members {rom two years to
four yoars and (2) remove the present salary cap for city covncil members and suthorize the city
councii to fu the salary of its membrss,
Enclosed is the foimal lauguage of these resolutioas as prepared by the City Attorney. The
Charter Commission proposes these amendments for submission to the voters in the �xc genera]
election pursuaat to Minn. Stat. 410.12, aubd. 4.
Very tnily yours,
� � -...
"�`�,�-�_
'�� + � �.
' � : u �
EnclOSUre
�� Council Maabers
Mayor Norm Coleman
Council Research
COMMISSION
.�. �
.�.ee a, nserc�ee.�rsa
Council FIle # � S t
Green Sheet # �n �a-�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Refened To Committee: Date
1
2 WI�REAS, on August 27, 1998, the Saint Paul Charter Commission transmitted a
3 recommendation to City Council President Bostrom that Saint Paul City Charter §§ 2.02
4 pertaining to the length of a city councilmember's term of o�ce be amended to provide that the
5 term of office shall be for four (4) yeazs; and
10
11
12
13
14
15
16
fl7
18
19
20
21
22
23
24
WHEREAS, the Saint Paul Charter Commission has requested, pursuant to Minn. Stat. §
410.12, Subd. 4, that these recommended amendments be submitted to qualified voters during
the November 4, 1998 general election; and
WHEREAS, Minn. Stat. § 410.12, Subd 4 provides that the form of such ballot questions
shall be fixed by the City Council; I30VJ, THEREFOBE,
BE IT RESOLVED, that the amendments to the Saint Paul City Charter as recommended
by the Saint Pau1 Charter Commission under cover of its letter dated August 27, 1998 which is
attached hereto and incorporated herein by reference be submitted to the electorate of the City of
Saint Paul at the general election to be held November 4, 1998; AND BE IT
FURTHER RESOLVED, that pursuant to Minn. Stat. § 41012, Subd. 4, the form of the
questions on the ballot for the attached proposed charter amendments shall read as follows:
"Sha11 the Saint Paul Ciry Charter be amended to provide that each
councilmember sha11 hold office for a terxn of four (4) yeazs?"
� a8 -�5�
2 AND BE IT FINALLY RESOLVED, that Clerk of the City of Saint Paul is directed to
3 take the necessary steps to place these questions on the ballot of the November 4, 1998 general
4 elecrion for submission to the electorate of the City of Saint Paul.
Requested by Depaxtment of:
By:
Form Appro by City Attorney
By: `/� L✓'^' a✓vl^° l��.S !�
Approved by Ma}ror for Submission to Council
��rA�" �;t�i� -
By:
Adopted by Council: Date •�� R{(�
Adoption Certified by Council Secretary
CITY COUNCIL
""'"..'�"""'"°�"`""` 266-8660
Council President Bostrom
. 9, 1998 -
TOTAL # OF SIGNATURE PAGES
DATE INIMTm
9/16/98
c'T.'=-
GREEN SHEET No
M1 V /�� \
622'7'7
u��� u��—
❑ fJIYAiiORIEY ❑ CRYCiR1I
❑ ww¢w.smv�cEaa.� ❑ wuHU��.aacavrvraec�n
❑ WWR(OR116ffiT111R) �
(CL.IP ALL LOCATIONS FOR SIGNATURE)
Approving the form of the ballot question recommended by the Saint Paul Charter Commission
to amend the Saint Paul City Charter 2.02 pertaining to the lengeh of a City Councilmember's
term of office to four years.
PUWNING COMMISSION
CIB COMMIITEE
CIVIL SERVICE COMMISSION
IF APPROVED
OF TRANSACTION
SOURCE
Item
Has this PersoNfirm ever worked untler a cont+act tw this EepahmeM?
VES NO
Has this P�rm e�er been e dh emWuYee9
YES NO
Does this pe�soMlm possess a sldN not normallypocseasetl bY any c�irerR city employee?
VES NO
la this persoMfirm a targetetl venda?
YES NO
�lain all ves a�wers on seoaate sheet arM attach W areen sheet
COST/REVENUE BUDGEfm (CIRCLE ONE)
ACTNRY NUMBER
YES NO
(IXPWN)
CITY OF SAII�IT PAUL
Norm Colemm; Mayo>
September 16,1998
Council President Bosirom
Councilmember Blakey
Councilmember Coleman
Councilmember Harris
Councilmember Benanav
Councilmember Reiter
Councilmember Lantry
OFFICE OF TF� CITY ATTORNEY
Clayton M. Robinson, Jr., City Attorney (� F 1
tD u �
civit Division
400CityHall Telephane:651266-8770
ISWestKelloggBtvd Facsimile:651298-5619 '
Saint Pmd, �rmesom SSIO2
RE: Recommendation of the Saint Paul Charter Commission to amend Saint Paul City Charter §
2.02 pertaining to city councilmember term of office and Saint Paul City Charter §§ 2.07 and
2.07.1 pertaining to the annual salary of a city councilmember.
Deaz Councilmembers:
The Saint Paul Charter Commission has requested that amendments to certain sections of
the Saint Paul City Charter be placed on the ballot for consideration by Saint Paul voters during
the upcoming November 1998 general election. I have attached for your review a copy of the
resolution of the Charter Commission in wluch the requests were made.
I have also been advised that the Ramsey County Elections/Voter Registrafion Bureau is
sendin$ the November general election ballots to the printers this Friday, September 18, 1998.
The Charter Commission has recommended three amendments. First, that Saint Paul City
Charter § 2.02 be amended to provide a fow year term for councilmembers. Second and third,
the Charter Commission has recommended that Charter §§ 2.07 and 2.07.1, each pertaining to
the amount of annual compensarion a councilmember may receive, be amended to provided that
the council shall fix the amount of annual compensation a councilmember may receive.
The purpose of tlus memo is to provide you with legal advice as to your authority to set
the language pertaining to the charter amendments which will appear on the general election
ballot and to provide you with some legal context surrounding the charter amendments.
Saint Paul City Council
September 16, 1998
Page Two
q`S' �S1
Minnesota Statutes § 410.12, Subd. 4 provides that one of the methods of aznending a city
charter includes submitting proposed charter amendments to that city's electornte during a
general election. Minn. Stat. § 410.12, Subd. 4 further provides that the form of the ballot
question submitted to the electorate °shall be fiYed by the goveming body.° Tlus means that the
City Council, not the Charter Commission, selects the language which will appeaz on the general
election ballot I have prepazed two resolutions for your consideration. Each resolution proposes
ballot language pertaining to the Chazter Commission's recommendation as to a councilmembers
term of office and compensation.
The first resolution addresses the Charter Commission's recommendation that a
councilmembers term of office shall be four years rather than the present two yeaz teim.
Presently, a special state law [MI�T Laws 1997, ch. 153, sec. 6] exempts the two yeaz term
of office for Saint Paul City Councilmembers set forth in Saint Paul City Charter § 2.02 from the
provisions of Minn. Stat. § 205.07, Subd. 1 wlvch sets the term of office for city council
members throughout the state at four years. This exemption will continue until such time as the
Saint Paul City Charter is amended. The proposed resolution would submit the quesrion of
whether the Saint Paul City Charter should be atnended to provide that city councilmembers
serve four yeaz terms to the electorate of Saint Paul.
The second resolution addresses the Charter Commission's recommendation that the
Council fix its annual compensation.
Presently, Saint Paul City Charter § 2.07 sets the annual compensa6on of
councilmembers at $14,000.00. In addition, Saint Paul City Charter § 2.07.1 sets the annual
compensation of councilmembers, as of the first business day of January, 1994 at $30,000. The
Charter Commission has recommended that the dollaz amount references in both Saint Paul City
Charter §§ 2.07 and 2.07.1 be eliminated. The Charter Commission has recommended that new
language be substituted that provides for the City Council to fix its salary without reference to a
specified dollaz amount.
It appeazs that Saint Paul City Chatter § 2.07 has been in the Saint Paul City Charter for a
considerable period of time. If further appeazs that Saint Paul City Charter § 2.07.1 has been a
part of the Saint Paul City Charter since the City Council became "part-time° in 1994.
The proposed charter atnendments appeaz to clean up the City Charter by eliminating
unnecessary language and by bringing the City Charter into hazmony with the City's
Administrarive Code as well as state law. In MN Laws 1973, chap. 691, sec. 4, the City was
authorized to "... fix in term and refix from time to time the compensation of all duly elected
officers under its charter. Such compensation shall be fixed by ordinance passed upon in the
manner provided for by the charter of the city of Saint Paul, ...." In accord with MN Laws
1973, chap. 691, sec. 4, Saint Paul Administrative Code § 32.01(a)(2) presently fixes the salary
of counciimembers at $30,000.00.
'Saint Paul City Council
September 16, 1998
Page Three
��. �S l
The proposed amendments to Saint Paul City Charter §§ 2.07 and 2.07.1 will clean up the
City Charter by removing references to dollar amounts wlrich are not necessary to the integrity of
the City Chazter. Moreover, MN Laws 1973, chap. 691, sec. 4 already provides that the
councilmembers annual salary may be fixed by administrative ordinance adopted as part of the
Saint Paul Adm'vustrative Code.
To that end, given that the City Council is vested with the authority to set the language of
ballot questions pertaining to ct�arter amendments recommended by the Charter Commission
pursuant to Minn. Stat. § 410.12. Subd. 4, I respectfully submit the proposed ballot language as
set forth in the attached resolutions for your consideration.
Finally, I apologize for the short lead time you haue to consider these unportant matters. If you
have any questions, please contact me.
Very truly yours,
���W�
eter W. Warner
Assistant City Attorney
SAINT PAUL CH
SAIN7 PAUL,
August 27, 1998
Dan Bos�om, President
St. Paui City Council
310 Ciry Hall
Saint Paul, MN 55102
Re: Proposed City Charter Amendments
Dear Council President Bostrom:
55102
P�
���� �`'�� �,�;�
a
The Saiat Paut Charter Commission has appmved resolutions recommending amendment
of tt� Saint Paul City Charnr to (1) chaage tiu term of city couacil members {rom two years to
four yoars and (2) remove the present salary cap for city covncil members and suthorize the city
councii to fu the salary of its membrss,
Enclosed is the foimal lauguage of these resolutioas as prepared by the City Attorney. The
Charter Commission proposes these amendments for submission to the voters in the �xc genera]
election pursuaat to Minn. Stat. 410.12, aubd. 4.
Very tnily yours,
� � -...
"�`�,�-�_
'�� + � �.
' � : u �
EnclOSUre
�� Council Maabers
Mayor Norm Coleman
Council Research
COMMISSION
.�. �
.�.ee a, nserc�ee.�rsa
Council FIle # � S t
Green Sheet # �n �a-�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Refened To Committee: Date
1
2 WI�REAS, on August 27, 1998, the Saint Paul Charter Commission transmitted a
3 recommendation to City Council President Bostrom that Saint Paul City Charter §§ 2.02
4 pertaining to the length of a city councilmember's term of o�ce be amended to provide that the
5 term of office shall be for four (4) yeazs; and
10
11
12
13
14
15
16
fl7
18
19
20
21
22
23
24
WHEREAS, the Saint Paul Charter Commission has requested, pursuant to Minn. Stat. §
410.12, Subd. 4, that these recommended amendments be submitted to qualified voters during
the November 4, 1998 general election; and
WHEREAS, Minn. Stat. § 410.12, Subd 4 provides that the form of such ballot questions
shall be fixed by the City Council; I30VJ, THEREFOBE,
BE IT RESOLVED, that the amendments to the Saint Paul City Charter as recommended
by the Saint Pau1 Charter Commission under cover of its letter dated August 27, 1998 which is
attached hereto and incorporated herein by reference be submitted to the electorate of the City of
Saint Paul at the general election to be held November 4, 1998; AND BE IT
FURTHER RESOLVED, that pursuant to Minn. Stat. § 41012, Subd. 4, the form of the
questions on the ballot for the attached proposed charter amendments shall read as follows:
"Sha11 the Saint Paul Ciry Charter be amended to provide that each
councilmember sha11 hold office for a terxn of four (4) yeazs?"
� a8 -�5�
2 AND BE IT FINALLY RESOLVED, that Clerk of the City of Saint Paul is directed to
3 take the necessary steps to place these questions on the ballot of the November 4, 1998 general
4 elecrion for submission to the electorate of the City of Saint Paul.
Requested by Depaxtment of:
By:
Form Appro by City Attorney
By: `/� L✓'^' a✓vl^° l��.S !�
Approved by Ma}ror for Submission to Council
��rA�" �;t�i� -
By:
Adopted by Council: Date •�� R{(�
Adoption Certified by Council Secretary
CITY COUNCIL
""'"..'�"""'"°�"`""` 266-8660
Council President Bostrom
. 9, 1998 -
TOTAL # OF SIGNATURE PAGES
DATE INIMTm
9/16/98
c'T.'=-
GREEN SHEET No
M1 V /�� \
622'7'7
u��� u��—
❑ fJIYAiiORIEY ❑ CRYCiR1I
❑ ww¢w.smv�cEaa.� ❑ wuHU��.aacavrvraec�n
❑ WWR(OR116ffiT111R) �
(CL.IP ALL LOCATIONS FOR SIGNATURE)
Approving the form of the ballot question recommended by the Saint Paul Charter Commission
to amend the Saint Paul City Charter 2.02 pertaining to the lengeh of a City Councilmember's
term of office to four years.
PUWNING COMMISSION
CIB COMMIITEE
CIVIL SERVICE COMMISSION
IF APPROVED
OF TRANSACTION
SOURCE
Item
Has this PersoNfirm ever worked untler a cont+act tw this EepahmeM?
VES NO
Has this P�rm e�er been e dh emWuYee9
YES NO
Does this pe�soMlm possess a sldN not normallypocseasetl bY any c�irerR city employee?
VES NO
la this persoMfirm a targetetl venda?
YES NO
�lain all ves a�wers on seoaate sheet arM attach W areen sheet
COST/REVENUE BUDGEfm (CIRCLE ONE)
ACTNRY NUMBER
YES NO
(IXPWN)
CITY OF SAII�IT PAUL
Norm Colemm; Mayo>
September 16,1998
Council President Bosirom
Councilmember Blakey
Councilmember Coleman
Councilmember Harris
Councilmember Benanav
Councilmember Reiter
Councilmember Lantry
OFFICE OF TF� CITY ATTORNEY
Clayton M. Robinson, Jr., City Attorney (� F 1
tD u �
civit Division
400CityHall Telephane:651266-8770
ISWestKelloggBtvd Facsimile:651298-5619 '
Saint Pmd, �rmesom SSIO2
RE: Recommendation of the Saint Paul Charter Commission to amend Saint Paul City Charter §
2.02 pertaining to city councilmember term of office and Saint Paul City Charter §§ 2.07 and
2.07.1 pertaining to the annual salary of a city councilmember.
Deaz Councilmembers:
The Saint Paul Charter Commission has requested that amendments to certain sections of
the Saint Paul City Charter be placed on the ballot for consideration by Saint Paul voters during
the upcoming November 1998 general election. I have attached for your review a copy of the
resolution of the Charter Commission in wluch the requests were made.
I have also been advised that the Ramsey County Elections/Voter Registrafion Bureau is
sendin$ the November general election ballots to the printers this Friday, September 18, 1998.
The Charter Commission has recommended three amendments. First, that Saint Paul City
Charter § 2.02 be amended to provide a fow year term for councilmembers. Second and third,
the Charter Commission has recommended that Charter §§ 2.07 and 2.07.1, each pertaining to
the amount of annual compensarion a councilmember may receive, be amended to provided that
the council shall fix the amount of annual compensation a councilmember may receive.
The purpose of tlus memo is to provide you with legal advice as to your authority to set
the language pertaining to the charter amendments which will appear on the general election
ballot and to provide you with some legal context surrounding the charter amendments.
Saint Paul City Council
September 16, 1998
Page Two
q`S' �S1
Minnesota Statutes § 410.12, Subd. 4 provides that one of the methods of aznending a city
charter includes submitting proposed charter amendments to that city's electornte during a
general election. Minn. Stat. § 410.12, Subd. 4 further provides that the form of the ballot
question submitted to the electorate °shall be fiYed by the goveming body.° Tlus means that the
City Council, not the Charter Commission, selects the language which will appeaz on the general
election ballot I have prepazed two resolutions for your consideration. Each resolution proposes
ballot language pertaining to the Chazter Commission's recommendation as to a councilmembers
term of office and compensation.
The first resolution addresses the Charter Commission's recommendation that a
councilmembers term of office shall be four years rather than the present two yeaz teim.
Presently, a special state law [MI�T Laws 1997, ch. 153, sec. 6] exempts the two yeaz term
of office for Saint Paul City Councilmembers set forth in Saint Paul City Charter § 2.02 from the
provisions of Minn. Stat. § 205.07, Subd. 1 wlvch sets the term of office for city council
members throughout the state at four years. This exemption will continue until such time as the
Saint Paul City Charter is amended. The proposed resolution would submit the quesrion of
whether the Saint Paul City Charter should be atnended to provide that city councilmembers
serve four yeaz terms to the electorate of Saint Paul.
The second resolution addresses the Charter Commission's recommendation that the
Council fix its annual compensation.
Presently, Saint Paul City Charter § 2.07 sets the annual compensa6on of
councilmembers at $14,000.00. In addition, Saint Paul City Charter § 2.07.1 sets the annual
compensation of councilmembers, as of the first business day of January, 1994 at $30,000. The
Charter Commission has recommended that the dollaz amount references in both Saint Paul City
Charter §§ 2.07 and 2.07.1 be eliminated. The Charter Commission has recommended that new
language be substituted that provides for the City Council to fix its salary without reference to a
specified dollaz amount.
It appeazs that Saint Paul City Chatter § 2.07 has been in the Saint Paul City Charter for a
considerable period of time. If further appeazs that Saint Paul City Charter § 2.07.1 has been a
part of the Saint Paul City Charter since the City Council became "part-time° in 1994.
The proposed charter atnendments appeaz to clean up the City Charter by eliminating
unnecessary language and by bringing the City Charter into hazmony with the City's
Administrarive Code as well as state law. In MN Laws 1973, chap. 691, sec. 4, the City was
authorized to "... fix in term and refix from time to time the compensation of all duly elected
officers under its charter. Such compensation shall be fixed by ordinance passed upon in the
manner provided for by the charter of the city of Saint Paul, ...." In accord with MN Laws
1973, chap. 691, sec. 4, Saint Paul Administrative Code § 32.01(a)(2) presently fixes the salary
of counciimembers at $30,000.00.
'Saint Paul City Council
September 16, 1998
Page Three
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The proposed amendments to Saint Paul City Charter §§ 2.07 and 2.07.1 will clean up the
City Charter by removing references to dollar amounts wlrich are not necessary to the integrity of
the City Chazter. Moreover, MN Laws 1973, chap. 691, sec. 4 already provides that the
councilmembers annual salary may be fixed by administrative ordinance adopted as part of the
Saint Paul Adm'vustrative Code.
To that end, given that the City Council is vested with the authority to set the language of
ballot questions pertaining to ct�arter amendments recommended by the Charter Commission
pursuant to Minn. Stat. § 410.12. Subd. 4, I respectfully submit the proposed ballot language as
set forth in the attached resolutions for your consideration.
Finally, I apologize for the short lead time you haue to consider these unportant matters. If you
have any questions, please contact me.
Very truly yours,
���W�
eter W. Warner
Assistant City Attorney
SAINT PAUL CH
SAIN7 PAUL,
August 27, 1998
Dan Bos�om, President
St. Paui City Council
310 Ciry Hall
Saint Paul, MN 55102
Re: Proposed City Charter Amendments
Dear Council President Bostrom:
55102
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The Saiat Paut Charter Commission has appmved resolutions recommending amendment
of tt� Saint Paul City Charnr to (1) chaage tiu term of city couacil members {rom two years to
four yoars and (2) remove the present salary cap for city covncil members and suthorize the city
councii to fu the salary of its membrss,
Enclosed is the foimal lauguage of these resolutioas as prepared by the City Attorney. The
Charter Commission proposes these amendments for submission to the voters in the �xc genera]
election pursuaat to Minn. Stat. 410.12, aubd. 4.
Very tnily yours,
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EnclOSUre
�� Council Maabers
Mayor Norm Coleman
Council Research
COMMISSION
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