260871 WHITE - CITV CLERK COl1IIC11 JV���1
PINK - FINANCE GITY OF SAINT PAZIL
CANARY - DEPARTMENT
BLUE �MAVOR File NO.
• Co cil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the Mayor of the City of St. Paul , without concurrence of
the City Council , brought action through District Court challenging the
right of three St. Paul Police Officers to serve as State Legislators
while continuing city employment as police officers; and
WHERERS, the Ramsey County District Court found that the officers
of a State Legislator and police officer were not in conflict by law
and could be held simultaneously; and
WHEREAS, the three city police officers filed for re-election to
the State Legislator during this time, and each of them was re-elected
State Legislator by the people of their respective districts during the
period of the court proceedings; and
WHEREAS, it has been indicated by the Mayor that the City Attorney
may appeal to the Supreme Court of Minnesota the Ramsey County District
Court finding in this matter; and
NOW; THEREFORE BE IT RESOLVED, that the City Council in consideration
of the district court ruling and the mandate of the people, is of the
firm opinion that the use of the taxpayers good money is not justified
to further any proceedings in this matter;
AN FURTHER RE LVED, th the Ci Council , if reque ted the C���
Ma or or ity Attorn�, will no�approve ny expenc�'ture of unds or
th� purp e;
�
AND FURTHER RESOLVED, that the City Council strongly requests the
City Attorney to withdraw from the Supreme Court this appeal and desists
from any further action in this matter. Cp��a,�q
. �C Butler Yeas
��Conopatrki. 6
"Levine ��,ys
���Z ME� Requested by Department of: � Roec��er
7edesGp�
Yeas H�� Nays / �me, �resident,�k
Konopatzki �� In Favor ""u'�
Levine � Re—Ado�pted by Cotutcil
Meredith Against BY
� Roedler , a e
Tedesco•/`
Mme.President�7[ HUl'1't MAR 2 019� Pue���EO . MAR 31 1973
Form Approved by City Attorney
Adopted by Council: Date
Certifie d by Cou ec By
�.
BY �„� ! �. ✓
A roved by Mayo Date Approve b Ma o mi ion to C unc'
PP
By BY
.,
�
� GITY OF SAII�TT PATIL
_ .
OI�I'IG7: OF THE MAYO1�
■n�sne
��e
LAWRENGE D. COIIEN
MAYO$ Mareh 2 2 , 19 7 3
Council President Ruby M. Hunt
and Honorable Members of the City Council
City of Saint Paul, Minnesota
Dear President Hunt and Councilmen:
In accordance with the Saint Paul City Charter, I herewith return
to you Council File No. 260871, which has been vetoed by me. There
is no disagreement with the authority of the City Council to tacitly
support the right of police officers to serve in the Minnesota
Legislature .
The case of three Saint Paul police officers was tried in Ramsey
County District Court and a decision rendered. In the opinion of the
Saint Paul City Attorney , constitutional issues have not been resolved.
A lower court decision is not binding statewide on constitutional
issues . This matter must be resolved by the Supreme Court of the State .
It is certainly not wrong to appeal to a higher level to resolve a
problem. Some members of your honorable body, for example , found the
decision of the local IRS unaceeptable in the matter of the City
Council salary issue and chose to appeal it to Washin�ton.
In the case relatin� to the police officers , a constitutional issue of
some great merit is involved. I feel the most public good can be
accomplished in the Supreme Court , which can clear up a question that
has clouded the Minnesota and local electoral process from time to
time over many years .
, Sincerely,
� _ -/
�`
� � {�-�.��..��� � ' �''L°�...�..
�` `LAWRENCE D. HEN
Mayor
LDC/jfr
attachment
22
'� ' ,
Yeas P�ays
�REDITH
1ROEDLER
TEDESCn � �G� i'��
�BUTLER
�►
`KONOPATZKI
��,LEVINE
�RES.