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276704 WHITE - CITY CLERK ����/�/7 PINK - FINANCE n COUACII �r � �� CANARY - DEPARTMENT G I T Y O F S A I N T 1 A LT L BLUE - MAYOR Flle N O. � ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, the Ramsey County District Court has ruled that the St. Paul Charter Commission is the proper entity to draw district boundary lines for the City Council districts by Order of Judge Jerome Plunkett entered April 8, 1981; and WHEREAS, the parties to said litigation had by Stipulation agreed to allow seven days within which to commence appeal pro- ceedings, if any; and WHEREAS, it is the desire of the City Council to appeal said decision to the Minnesota Supreme Court; now, therefore, be it RESOLVED, that the City Attorney is hereby directed to take the necessary steps to perfect an appeal to the Minnesota Supreme Court and to request an expedited hearing thereof. COUNCILMEN Yeas Nays Requestgd by Department of: Hunt � -�=...�•���� In Favor AAaddox McMahon Showalter __ A g81 CI S l BY — Tedesco Wilson APR 14 1981 Form Approved City Attorne Adopted by Council: Date Certified P s e b Council ret BY By Ap by :Nayor: a ' AP�16 1981 Approved by Mayor for Submission to Council By ���— BY PUBLISHED APR2 5 1981 � � ����(�� STATEr1ENT - COUNCILMAN GEORGE McMAHON April 14, 1981 I 've offered the two resolutions you have before you for four reasons: First, it is important that the ultimate power to make basic decisions, such as setting the boundaries of Council districts, rest with elected officials who are accountable to the public, rather than with appointed persons without accountability. Let me hasten to say that I have no doubts about the good faith of any of the members of the Charter Commission. To the contrary, I have the highest respect and admiration for those members I know and have absolutely no reason to question the fundamental fairness of those I don't. I just happen to believe that the ultimate authority in a representative democracy rests - - with the people acting through their elected representatives. I am similarly unimpressed with the arguments that the voters overwhelmingly approved the amendment and, therefore, approved of delegatinq the Charter Commission the districting authority. This, of course, is utter nonsense. And every honest individual will admit it. What the voters overwhelmingly approved was a ward system. That is not at issue. But the ballot auestion said nothing about the method of districting. There was no discernible public discussion of the method of districting. Quite clearly, only the most minute fraction of those who voted realized the amendment did anything other than establish a ward system. (more . . . ) . 1 � � � - cilman Geor e McMahon -2- April�lQ4 , ��,� STATEMENT Coun 9 Second, passage of the two resolutions would achieve the objective of appeal without any delay. That is why I have i.ncluded a provision instructing the City Attorney not to seek a stay of Jundge Plunkett' s order. This would allow the Charter Commission to proceed with its, work of drawing district boundaries. If the Council prevails, the plan would be submitted to us for concurrence. If not, the Charter Commission could promulgate the boundaries itself. If the decision of the Court was delayed beyond the date set for adoption of the boundaries, the Commission would have authority, under Judge Plunkett's ruling, to establish the boundaries. The significant point is that the work of the Charter Commission may proceed just as though the appeal had not been made. Third, by agreeing in advance that the Charter Commission will be the body to draw the lines -- the only contingency being whether the boundaries are submitted to the Council for ratification -- the issue of partisan politics caould effectively be removed. Anyone who suggests that the boundaries would be drawn differently if the matter is appealed is at best nit- picking. At worst, they are suggesting an insulting lack of good faith on the part of the members of the Commission -- an assumption which is totally unwarranted and without any factual basis. (more . . . ) �?_. .,.._r...._...�,�.�.�„-,�,.,�...��-a--. . . �'��'���� STATEMENT - Councilman George McMahon -3- April 14, 1981 Fourth and finally, an appeal will provide a definitive decision on the issue by the ultimate tribunal -- the Supreme . Court. While I don' t question Judge Plunkett' s motives, it is my belief that his decision leaves much to be desired. Admittedly, there is little law on the subject. There is some. His order was not accompanied by the traditional memorandum of iaw. In fact, it cited no case law at all. It contained precious little reasoning. Primarily, it consisted of unsupported �onclusions. My feeling is that a decision of this import should clearly outline the rationale as well as the decision. _ _ _ _ # # # , . _ ��i C�� RUBY HUNT , COUNC I L6YOl�ZAN April 14 , 1981 I am going to support the appeal for a number of reasons. After giving much thought to this matter over the weekend, I do feel the Council acted in haste - which we have been knoi�rn to do - but acting in haste is not unic{ue to this body. Other legislative bodies have acted similarly. If public officials act in haste, do they not have an obligation to rethink their action? Does not a political party leader have as much right to make a reQuest for an opportunity to be heard as does anyone else who feels aggrieved in not being able to express a particular point of view? Secondly, as the City .Attorney points out , the court ruling cites no case law in this field. An appeal would provide an oppartunity to establish some case law -- win or lose. �� '�� Thirdly, what research I have had time to do indicates that while some states and cities reapportion throu�h appointed bodies , these bodies are appointed for that specific purpose and that alone. The appointment processes are then most often established to reflect balanced partisan political interests. The Charter Commission was not appointed with that purpose in mind. While there are some Democrats and Independent Republicans on the Charter Commission, they were not appointed primarily to represent partisan interests. They are appointed to determine what, if any, charter changes should be presented to the voters. I believe this is an important point that should receive caurt review. This can happen only through an appeal. -2- .r� . , ' ��'� I�'� It must be remembered, appeals are an essential part of the judicial process . In NIr. Reid' s statement of last Friday, he raised the auestion of action in connection with Midway Stadiuni. Those citizens had the right to appeal to the Supreme Court. This Council did not stand in their way. It was their choice not to appeal. Those who were aggrieved by the Market action have the right to appeal to the courts for relief also. So far they . have Chosen not to. Should this Council vote against the appeal before us, it should not be because of the threat of a lawsuit. I do not believe the citizenry dese:rves or wants decisions that are reactions to threats . It should be noted reapportionment problems are not unique to St. Paul . According to the Congressional Quarterly, "plans � for redistricting will be subject to court challenges in almost every state". This issue , as with many others of a controversial nature, is not a black and white matter. And, as in so many of the controversial matters we must deal with, . "politics is the art of the possible" . I believe the proposal put forth by Councilman McMahon is an excellent example of a good political compromise. Now as to my final considerations, I feel it is important to point out that I have no vested interest in who draws the council boundary lines since I do not plan to seek re-election to the City Council. I have made this known to some of my fellow council members and my close supporters during the past few months, and I am now taking this opportunity to make it official. ,.,�.,..�....,.,.,�.._...��,,�..�.,.,,._.d.�..,.__...�.,_,1,..,.....�..�.�,,,....,.e.�....�.,.....,�,.,...�..,.V.��,..,..,�.. ...�,,,.,...,.._..,. , . . . . _3_ �,`�� Y�� I have greatly enjoyed my tenure on the City Council and God-willing, I hope to finish out this term and then seek a career change. � I have considered running for T4ayor if George Latimer does n�t, and, therefore, several weeks ago I asked the Associate Chair of the 4th District bFL how delegates under the new ward � system would be selected to endorse for the next Mayoral race. I also asked the Chair of the 4th District DFL, Mike McLaughlin, the same question early last week. These questions , as well as other changes necessary due to the new ward system, were the purpose of the recent meeting of DFL leaders. I would be delighted if Mayor Latimer were to run again, and I have urged him to do so. St. Paul has made tremendous strides in the past few years and, as difficult times approach, we need his strong leadership more than ever. _ I consider it an honor and a privilege to have served on the City Council , and I thank the citizens of St. Paul for making it possible. I only wish that every citizen might have the opportunity to seek or serve in elective office. I believe our system would be much better if more people could experience it £rom the "other side of the desk" . � � � S � � � �i �:� , p': � �' CITY OF SAINT PAUL �� ���►'��4 �`•� OFFICE OF TFIE CITY COIINCIL �,4�_t�'.-� Ji tN.'.�!':' '11�}G'Sk'1Y4�i83M . "lI�PfFbS�.�`_'�J�: . �- ..' 1 � . GEORGE McMAHON Councilman April 14, 1981 MEMO TO: Council Presiclent Ron Maddox and Honorable Members of the City Council FROM: Councilman George McMahon Attached are two resolutions, the effect of which were outlined in my April 10 memorandum which I sent around. It is my hope that we take them up at the Council meeting. I hope I can count on your support. _ _ - � GMcM/jfr Attachments CITY HALL SEVENTH FLOOR SAINT PAUL, MINNFSOTA 55102 612!298-5679 •�C� PINK - FIfVANCE � - COUtiCTI � BLUE�Y - MAYOR"'E~T . G I T Y O F SA I N T ��A LT L . File N O.- � � - � Council Resolution ��� � Presented By Referred To Committee: Date Out of Committee By Date - WHEREAS, the St. Paul City Council has today directed the City Attorney to appeal the Ramsey County District Court decision on the subject of Council district boundary lines; and WHEREAS, it is the intention of the City Council that the drafting of district boundaries not be delayed pending said appeal; and WHEREAS, it is the City Council' s intention, if successful on said appeal, to appoint a citizen' s advisory committee to perform the function of drafting the Council. district boundaries; now, therefore, be it RESOLVED, that the City Council hereby respectfully requests that pending the aforesaid appeal the St. Paul City Charter Commission proceed with its work toward the drafting of Council district boundaries; and, be it FURTHER RESOLVED, that in the event the City Council is successful on the aforesaid appeal, that the Gity Council will � -� appoint as an advisory committee the r:,embers of the St. Pau.l Charter Commission so that there will be continuity in the work of the members in the drafting of the Council district boundaries whichever way the Supreme Court decided the appeal. COUNCILMEN Yeas Nays Requestgd by Department of: Hunt Levine In Favor Maddox McMahon B snowa�ter _ Against Y Tedesco �Ison Form Appr d by City Att r Adopted by Council: Date ' CertiEied Yassed by Council Secretary By � " B�. Approved by Mavor: Date Approved by Mayor for Submission to Council By _ BY .�,�,,�.�--.-..�----._......._.............._...�...,_,.-.--..-..,...-....�..,r.e..�.R.,..,...,.,......._........._�,T.�,,.._,e.._....,....w . �.�,.�..�..._...,. ' PINK - FINANC� �j I TY O F SA I NT I�A U L �-ouncit . � CANARY • DEPARTMENT � BLUE - MAYOR _� FfIB NO. � � Council Resolution � �� �� � � Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, the Ramsey County District Court has ruled that the St. Paul Charter Commission is the proper entity to draw district boundary lines for the City Council districts by Order of Judge Jerome Plunkett entered April 8, 1981; and WHEREAS, the parties �o said litigation had by Stipulation agreed to allow seven days within which to commence appeal pro- ceedings, if any; and WHEREAS, it is the desire of the City Council to appeal said decision to the Minnesota Supreme Court•, now, therefore, be it RESOLVED, that the City Attorney is hereby directed to take the necessary steps to perfect an appeaZ to the Minnesota Supreme Court and to request an expedited hearing thereof. 'I �, COUI�ICILMEN Requestgd by Department of: Yeas Nays Hunt Levine In Favor I Maddox McMahon _ AgalllSt By I Showaiter Tedeu:o I Vlfiison Form Approved City Attome � Adopted by Council: Date Certified Passed by Counc.il Secretary By t By � Approved by :Vlayor. Date Approved by Mayo� for Submission to Councit � BY By I _,�....�..___.�_,._...._.____ _�.._.�....-,�.T....��.....�..m,_....�.�....�,...�,.��.�,.,..,...�........_..�...........�.....�..,..........�.��..�.M..�...M.�.:..c...�,A.>,.;.�...,..�.�.-- � � ��-� �,_.� �± i CITY OF' SAINT PAUL L.!� OFFICE OF THE CITY COIINCIL OR�IM�^.9nV [�W�w �A GHkk'lB=871� N P /��`�'4 �Hlir�4ir�an _ :,-•- q. GEORGE McMAHOM Councilman April 14, 1981 MEMO TO: Council President Ron Maddox and Honorable Members of the City Council FROM: Councilman George McMahon Attached are two resolutions, the effect of which were outlined in my April 10 memorandum which I sent around. It is my hope that we take them up at the Council meeting. I hope I can count on your support. , GMcM/jfr Attachments CITY HALL SEVENTH FLOOR SA1NT PAUL, MINNFSOTA 55102 612/298-5679 . �C� �.._.._ _ ._.....,...,,...,.,._�,.�...,,�........�.,,.,�,a- ��s��� ST�1'I'EM�r��'I': to ST. FATJI� CITY COt.J�CIL R� : WI11�D S�YSTEM b�:• JEAI�TETTE NIC .?IOiJCI1T, on 4/14/81 SOriE A":ENtBEIiS OF' THE CITY CCUI�TCI�., SEEM MISINFOR149CD. . . TO THINK THA`I' TE-iETR Ut�JLx CF:ITTCS AP•r REP(1PLI�i-'�NS, . ,« .. « `�H�Y' ARE IN ERROR. MY NAME IS JF�II�TETTF MC DOUC'=P,T.,. I I�N; A CITIGEr7 OF ST. FAUL � ,A L IFE—LONG DEMOCFtAT AI*?D �1Z� ACTIVE MEMBER OF Z'HE DFL FAF:TY. I A� AFFAI,LED AT THE f:ECE�?T COA'DUCT OF MY r ELLOW PA�2TY 1�'fEMBERS. 4TE CITIZENS OF ST. PA?JL MADE I1' CT_�EA� IN La,71ST F�LL' S ELECTION `_PHAT TT Ta OUR W ILL — — THE L�J ILL OF TIi� �'.,GOPLE - - TIi1�T TIIE WAPD SYSTEM BE ES�'A�3L IS��iED AS THE MF�1NS OF ELECTIr?G CITY COUNCIL MEMBERS. IT IS OUR FI7RTHER WILL T�3P,�' ; THE CFiARTER CO�MISSION DF21�W THE BOUh'DRIr,S. TO '1'F30SE� W1�FYDS . THE RECENT BEHAVIQR OF THE CITY COUI�CTI_, OPTLY SrR.VFS TO I�OI:NT Ot1T TE-iE TrJISDOM C�F THAT M1�1�?DAT�. I JOIlC'�D CT'1'ILENS FOR T;f?,I'r'i�.r.',2:�;�;?T�`.�:'TVF� COiJNCIL LI1S'.I' SiJMT9E:R T3l:CF1T1�E ' � BELIEVED T�IAT TFir W�1RD SYST�:M F3ELD THT' GPrE1TEST F'ROMISG OF £•,FFECTIVE, REPRESTI_4'1'F1'I'IV�:, , At�'L` �2FSPOT�TSIV� (IvTO`1' TO MFrs7'TOT' fiGr7ES7') GOVER��IEP:T. THE GR4UP 'S CHC ICF OF THE C.HAI;`PrT' COMMTSS IGN `i'O Dl�1j-� THE t,�ARD F30UA�L?RI�S SEEMED PF�OPFF? A'�?I"; REf;SON�E3I�E TC? MF�'. I H�VE r� REE=�SOI�? TC BELIEVE '.�HA'�! THL CH1�ItT�J� COMMTSSIfJn"' I� "C)�1L^"f;WTZTaLMINGLY P.i��'UCiLIC11;v" (unqt,xp�e ) �S Cti'A5 CHIIRGFD BY OI�TE C'I7'Y CC1U1�?CIL P'll?MBEF.. TIiE INTEI2MIE�?�,EiL� CHALL�?�TGES TG TH� GI-i�RT�R ['1ME:I�TDI�9ENT EY �l'IiE COUNCIL H�1VE . IL'aT ONLY IIEFN JNBECOPr IT?G BUT, MOF2�:; E'.ECENTZY, UItiT.L[�SJFUL AS WELL . . . THAT FIVE ( � ) COTJNCTL r��FML3EPS f1E`I' I3EE�iTr�D CLOSED LY�CRS 'I'O CIRCUl�3�IPN*P THE WILL OF THE FEOPLE IS �.I.�'ACCEFTABLE. I DID I�?OT VGTE TO HAV� TFIE CITY CCrJNCIL nR�W TI-iE W�1r.D BGUI�TDFIES. . '. AIti'L? I�TEITHEP. DID 73`/ OF TI-IE OTH�R VQTFRS O�' ST. I��UL. IT IS I�` OiJR BEST I1`?TERF.?S'I'S TH�T YOU GET OT' WrTf-i TF3E I3iJSI�?ESS OF 'GOVERNTI� Ar?D LT'�VE Z"HE DR�WT�?G OE THE WARD T30UNDRIES TO T�30SE DULY DESTGNA`PED TO LX� SO. Thank you very much. � l � ` d � � � �. : . . , . . . :_ , . . , � , ,,. , . . -- ` � � ���� �1�''� � - , � ;. I _ , , ' , • - � _. . ,. , , , ! _ , \ .. ..-: l ' _ - . . . . � - " _ , . , \ i I. , ` � April 16, 1981 - _ , - , ,. - � - ; , i . " � , . , 1�'. Timc�L�Y Quinn . . , ., , . � `'. Cheirman, St. Psul t�'ter Comml,a�t'ion ,� . � �+30�t�finnesota Bldg. • � St. Paul, Idn. 55101 . -_ r , ' • � +. -� ;; Dear Mr. Qulons • ' � �, � � � � � � � . �� i Attached far �he informa�tion of the Chartex Co�mYssion,� are � , ' ' i t�ro resolutions �of the City CoLincil, adopt.ed April l�th, 19$1 �" , � pertainitt�. to Gity Cow�cil dietrict boundary lic�es. . . � � . - . � . �Y � ' � , _ Yery truly yours„ - ; � � r � � � ' ' � . � � , �, : . s ;� . ;`� / � ai��rc B. oiso�� �±� : ' � cst�►.clerk _. � C ' . I ti . . ' j I . "� �" Attach� - � , i� RBO zia � , I ,,, �, , -. ; � - '; _ ' ; � . � -�, ,� � - _ � - _ , - - , . , _ I a - -� � , , - , ,; _ � , , � . J_ _ �_ � . - � = � . , . � . . . . . � - ._F