176398 Original to City Clerk 1398
• • CITY OF ST. PAUL COUNCIL NO.
• OFFICE OF THE CITY CLERK
C• NC RESOLUTION—GENERAL FORM
PRESENTED BY -- J / ' DATF
COMMISSIONE
• tilrflif7
RESOLVED, that the appointment and acceptance :, •, ,w2eARtment
to membership of joint City and County detention facilities or Fhe City
of Saint Paul and County of Ramsey, pursuant to Chapter 353, Minnesota
Session Laws 1955, of Robert F. Peterson, Frank D. Marzitelli, Ray J.
McMahon and Jane Shovell, respectively, such appointments having been
heretofore made by this Council and such acceptances having been here-
tofore filed, be and the same hereby are in all things approved, con-
firmed, and ratified, and that the appointment of McNeil V. Seymour to
said membership by joint action of this Council and the Board of County
Commissioners of the County of Ramsey, pursuant to said statute, and
the acceptance of the same heretofore made and filed be and the same
hereby are in all things approved, ratified, and confirmed.
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COUNCILMEN Adopted by the Council G `1`)V35.___
Yeas Nays
i1_,Oens JAN 1 31956
/R3,1yerson Approved 195_
�1VIar ' elli Favor
iivlo i son Mayor
oorelerson Against
President, Dillon
5M 6-55 o.2
Quadruplicate to Department 176398
CITY OF ST. PAUL FIDE NCIL NO.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER DATF
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COUNCILMEN Adopted by the Council JAN 1 1956 195_
Yeas Nays
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Halvorson Approved JAN 1 14RR 195
Holland
Marzitelli n Favor
Mortinson Mayor
Peterson Against
Mr.President, Dillon
IM 8.55 .'2
ASSISTANTS
C \•) U N T Y OF IPA;A M S BY WM. F DESMOND
ROBERT D FLYNN
C �lJ 1 L. F. KIESEWETTER
STATE OF MINNESOTA 1 EDWARD E. CLEARY
JOHN P. FRANK
OFFICE OF - FREDERICK O. ARNESON
CHARLES J. MULLAH
JAMES F. LYNCH COUNTY ATTORNEY lfi L �I
RAMSEY COUNTY COURT HOUSE
SAINT PAUL 2
MINNESOTA
January 130 1956
[19 Mr. Eugene A. Monick
County Auditor
132 Court House
St. Paul 2, Minnesota
Att ae James D. Swan.
0 Dear Sir:
Your letter of January 10, 1956, to James F. Lynch,
County Attorney* asking whether the appointments of the
various members of the Joint Detention and Work House
Facility Comsdssion are valid, has been referred to me
[.. for reply.
The law creating the said Joint Commission in Laws
1955, Chapter 353. The sections thereof with which we
are concerned are 6 and I. Your letter motes these
sections in part. The Statute requires the filing of
acceptances in your office within 20 days after appoint
7\1,\1/7 ment.
Vill It would appear from your letter that each of the
( members appointed by either the County Board or the City
Council or by the two bodies jointly has accepted his
appointment, and that each acceptance was dated within
20 days after appointment. Except for that of Paul M.
Schutte, none of the acceptances were filed in your
office within the 20 day time limit, nor until January
9, 1956, on which date they were delivered to your of-
fice by the Mayor's office. Mr. Schutte's acceptance
UTZ filed in your office within the 20 days. You are
unable to state when Mr. Seymour's acceptance was re-
ceived by the Mayor's office. Except as to Mr. McMahon'$
and Mrs. hovel's*, it would appear that none of the other
acceptances were filed in the Mayor's office within
days after appointment. We are advised that these accept-
ances were returned by the appointees to the Mayor's of-
fice pursuant to instructions to that effect given in the
letter notifying them of their appointment.
Mo question can be raised as to Mr. Sehutte's appoint-
ment.
Mr. Eugene A. Monick #2 January 13, 1956
We are of the opinion that any objection to the valid-
ity of the other appointments would be of little substance.
We suggest that the County Board at its next meeting pass
a resolution ratifying the appointment and acceptance of Mrs.
Blank and of Messrs. Goodrich and Tierney, County Board
°
appointees, and that it ratify its action taken at the joint
meeting with the City Council appointing Mr. Seymour as the
9th member. Similar action by the City Council with respect
to its appointees and said joint appointee and the accept-
awes should validate all appointments to said Commission.
0 Yours very truly,
/,:#
RGF r t Ass `% o .,. 0:, torney
.. r
CC Bernard J. Tho je,
Joseph B. Dillon,
" Thomas J. Ryan. v
L
17
`2-
Date of Appoint. Date of Accept. of Appoint. Where filed
Paul M. Schutte.' August 223. 1955 September 1, 1954 County Audit°.
Sept. 2,,, 1955
The folio#ing were appointed by the City Council
Robert F. Peterson August 11, 1955 August 25, 195504 Mayor's Offio
Commissioner of Public Sept. 273 195
Safety
Frank D. Marzitelli August ll, 1955 August 25, 195544 Mayor's Offio
Commissioner of Public October 4, 19
Works -
Ray J. McMahon September 7, 1955 September 22, 195544 Mayor's Office
Sept. 26, 195.
Mrs. Jane Shovell September 7, 1955 September 22, 195504( Mayoras office
Sept. 26, 195:
The following was appointed by the Board of County Commissioners and the City
Council sitting in joint session
Neil V. Seymour October 17, 1955. November 1, 195504 No date of
filing in
Mayor'`s office
All of the above appointees acceptances with the exception of Mr. Schutte
which was filed with the County Auditor originally, were filed with the County
Auditor on January 9, 1956.
Will you please advise us whether or not in your opinion the appointments
are valid and the appointees qualified under the law in view of the failure to file
written acceptances with the County Auditor within the tine limit specified. Also
kindly give us your recommendation for rectifying the omitted procedure if it is
your opinion that such appointments are not valid.
Yours very truly,
EUGENE A. MONICK, County Auditor
By Y-Pj
JDS:d ..s D. Swan, Jr., Executive Secretary
cc: Thomas J. Ryan, Assistant Corporation Counsel
Bernard.Troje, Executive Secretary
Joint City and County Detention Facilities Commission.
11', COMMISSIONERS
BOO O,F RtAM$EY .
COUNTY COMMISSIONERS
1 1"
JOSEPH E. DILLON
CHAIRMAN
STATE OF MINNESOTA MRS. LUC B
JOHN E DAUBNEY ILE LANK
OFFICE OF THE SECRETARY MRS.DONALD M. D.COURCY
EDWARD K. DELANEY
EUGENE A. MO N I C K COUNTY AUDITOR �T®1'1 ITL HAROLD F.GOODRICH
r �� I l 1 BI 1 E11 RICHARD JANSEN
RAMSEY COUNTY COURT HOUSE
SAINT PAUL 2
MINNESOTA
January 10, 1956
Mr. James F. Lynch
County Attorney
Building
ATTENTION: Robert G. Flynn
Dear Sir:
Chapter 3534 Session Laws 1955, provides for the erection and maintenance
of Joint City and County Detention Facilities and the creation of a commission charged
with the selection of the facilities site, erection, equipment, furnishing and main-
tenance thereof. Section 6 of this Chapter provides for the commission membership
and states in part: "There shall be appointed a County and City Detention and
Workhouse Facility Commission consisting of nine members who shall be appointed as
follows: four members to De appointed by the City Council of such city, two of whom
shall be members of such City Council; four members to be appointed by the Board of
County Commissioners of such County, two of which members shall be members of said
Board of County Commissioners; the ninth member of said Commission shall be appointed
by a majority vote of the members of said City Council and said Board of County Com-
missioners sitting in joint session".
Section 7 of said Chapter provides in part: "Immediately after the appoint-
ment of said Commission, the persons appointed as members thereof shall indicate their
acceptance of their appointment in writing filed with the County Auditor of said
County.
"In case any person appointed as a member of said Commission shall fail so
to file his written acceptance of such appointment within 20 days after such appoint-
ment, or in case any member shall die, resign or be removed from office, or in case
any of the members of said Commission who were appointed from the membership of the
City Council or Board of County Commissioners shall cease to be members of said
Council or Board, their successor shall be appointed in the manner and by the same
persons as originally appointed such member."
The following is a tabulation of the members appointed to said Commission
giving their name, date of appointment, date of acceptance of appointment and where
filed: The following were appointed by the Board of Ramsey County Commissioners:
Name Date of Appoint. Date of Accept. of Appoint. Where filed
Harold F. Goodrich August I, 1955 August 194 1955 Mayor's Office
County Commissioner Sept. 26, 1955
Mrs. Lucile Blank August 1, 1955 August 19, 1955 Mayor's office
County Commissioner Sept. 28, 1955
John J. Tierney August 22, 1955 September 6, 1955,,, Mayor's office
Sept. 274 1955