Resolution No. 2023-136, Scheduling a Public Hearing on November 27, 2023, on a Proposed Amendment to the Fridley City Charter, Chapter 4, Nominations and Elections
Resolution No. 2023-136
Scheduling a Public Hearing on November 27, 2023 on a Proposed Amendment to the
Fridley City Charter Chapter 4, Nominations and Elections
Whereas, pursuant to Minnesota Statute § 410.12, Subd. 7, the Fridley City Council may amend
the City Charter by ordinance upon recommendation of the Charter Commission; and
Whereas, the Charter Commission reviewed, discussed and recommended an amendment by
ordinance to Chapter 4, Nominations and Elections, on November 6, 2023; and
Whereas, within one month of receiving a recommendation to amend the Charter by ordinance,
the City must publish Notice of a Public Hearing (Notice) on the proposal; and
Whereas, the Notice must contain the text of the recommended amendment (Exhibit A).
Now, therefore be it resolved, that the City Council of the City of Fridley hereby schedules a
public hearing for November 27, 2023 in the Council Chambers of the Fridley Civic Campus,
7071 University Avenue NE, Fridley, Minnesota at 7:00 p.m. to consider an amendment to the
Fridley City Charter Chapter 4, Nominations and Elections.
Be it further resolved, that the City Council directs the City Clerk to publish the text of the
recommended ordinance, as shown in Exhibit A, in full at least two weeks but not more than one
month before the Public Hearing, in the Official Publication.
th
Passed and adopted by the City Council of the City of Fridley this 13 day of November,
2023.
_______________________________________
Scott J. Lund – Mayor
Attest:
_____________________________________
Melissa Moore – City Clerk
Resolution No. 2023-136
Exhibit A
City of Fridley
(Legal Notice)
Public Hearing Notice Before the City Council on Proposed Amendment to Fridley City Charter
Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley
Civic Campus, 7071 University Avenue NE, Fridley, Minnesota, on November 27, 2023 at 7:00 p.m.
for the purpose of conducting a public hearing on the following amendment to the City Charter:
Ordinance No. 1417
Amending the Nominations and Elections Chapter of the Fridley City Charter
The Fridley City Charter Commission has completed its review of Fridley City Charter Chapter 4
and has recommended an amendment of the City Charter by Ordinance to the City Council on
November 6, 2023. The Fridley City Council hereby finds after review, examination and
recommendation of the Charter Commission that the Fridley City Charter should be hereby
amended and the City of Fridley does ordain:
Fridley City Charter
Chapter 4. Nominations and Elections
Section 4.01. General Election Laws to Apply
Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration
of eligible voters and the conduct of primary and general elections shall will apply for all municipal
elections of such officers office as are specified in this Charter. The Council shallwill, through
ordinances duly adopted in compliance with such state lawsMinnesota Statute (M.S.) and this Charter,
adopt suitable and necessary regulations for the conduct of such elections.
Section 4.02. Regular Municipal Elections
On the first Tuesday after the first Monday in November, municipal general elections shall must be
held, at such place or places as the City Council may designate by resolution. General municipal
elections shall must be held every even numbered year. The Council may divide the City into as many
voting precincts as it may from time to time deem necessary. Each ward shall will constitute at least
one (1) voting precinct and no precinct shall may be in more than one (1) ward. At least fifteen (15)14
days' notice shall must be given by the City Clerk of the time and places of holding such election,
and of the officers offices to be elected, by posting a notice thereofNotice of Election in at least one
(1)public place in each voting precinct and by publishing a notice thereofa Notice of Election at least
once in the official newspaperOfficial Publication of the City., but failure Failure to give such notice
shall will not invalidate such election.
tion 4.03. Primary Elections
Sec
There shall must be a primary election, on the date established by Minnesota State LawM.S., for the
selection of two (2) nominees for each elective office at the regular municipal election, unless only
two (2) nominees file for each elective office. Primary municipal elections shall be held every even
numbered year, if necessary.
Section 4.04. Special Elections
The Council may by resolution order a special election, fix the time of holding the same, and provide
all means for holding such special election, provided that a Notice of Election was published in the
Official Publication three (3) weeks' published notice shall be given ofprior to said special election.
The procedure at such elections shall must conform with all election regulations established in M.S.
as nearly as possible to that herein provided for other municipal elections and Minnesota Election
Laws. Special elections for vacancies in the City Council shall will be held in accordance with provisions
of Section 2.062.07.
Section 4.05. Judges of Election
The Council shall must at least twenty-five (25) days before each municipal election appoint
two (2) three eligible voters for each voting precinct to be election judgesElection Judges and
one (1) registered voter to be head election judgeHead Election Judge;, or as many election
judgesElection Judges as may be determined by the city clerkCity Clerk. No person signing
or circulating a petition of nomination of candidate for election to office or any member of a
committee petitioning for a referendum or recall shall be eligible to serve as a judge of such
election.A person is ineligible to serve as an Election Judge if they:
Signed a Nomination Petition;
Circulated a Nomination Petition; or
Was a member of a committee petitioning for a referendum or recall.
Pursuant to M.S. § 204B.19, the City may establish additional requirements that are not inconsistent
with State law M.S. and which relate to the ability of an individual to perform the duties of an Election
Judge.
Section 4.06. Nominations by PetitionNominations of Municipal Candidates
The mode of nomination of all elective officers provided for by this Charter shall must be by petition.
The name of any eligible voter of the City shall must be printed upon the ballot whenever a petition
as hereinafter prescribed shall have properly filed Nomination Petition been filed in on that person's
behalf with the City Clerk. Such petition shall must be signed by at least ten (10) registered voters
qualified to vote for the office in question. No elector shallperson may sign more than one petition
Nomination Petition for any office for which there is an election. Should such a case occur, the
signature shall be void as to the petition or petitionswill be voided on the Nomination Petition last
filed. All nomination petitionsNomination Petitions shall must be filed with the City Clerk in
accordance with Minnesota State StatutesM.S. Each petitionNomination Petition, when presented,
must be accompanied by a ten dollar ($10.00) filing fee.
Section 4.07. Nomination Petitions
The signatures to the nomination petition need not all be appended to one (1) paper, but to each
separate paper there shall be All Nomination Petitions must have an attached a notarized affidavit of
the circulator stating:
1. the number of signers of such paper;
2. that each signature found on a Nomination Petition appended thereto was made in the
circulator's presence; and
3. that it is the genuine signature of the person whose name it purports to be.
With each signature there shall must be the printed name, birth year, and address of the signer,
giving the street and number or other description sufficient to identify the same. The nominee must
shall indicate by an endorsement upon the petition acceptance of the office if elected thereto sign
the Nomination Petition.
The form of a Nomination Petition is the nomination petition shall be substantially as follows:
NOMINATION PETITION
We, the undersigned, registered voters of the City of Fridley, hereby nominate _____, whose residence
is __________, for the office of __________, to be voted for at the election to be held on the ____ day of
__________, _____; and we individually certify that we are registered voters and that we have not signed
other nomination petitionsNomination Petitions of candidates for this office.
Printed Name Birth Year Address Signature
__________ , being duly sworn, deposes and says, "I am the circulator of the foregoing petition
paperNomination Petition containing signatures and that the signatures appended theretoprovided
were made in my presence and are the genuine signatures of the persons whose names they purport
to be."
Subscribed and sworn to before me this ____ day of __________, _____.
This petitionNomination Petition, if found insufficient by the City Clerk, shall will be returned to
__________\[Name of circulator\], at Number ____ Street\[mailing address\].
I hereby indicate my willingness to accept the office of __________\[signature of nominee\] if duly elected
thereto.
Section 4.08. Write-In Candidates
A candidate for any city City office who wants write-in votes for the candidate to be counted must
file a written request with the filing office for the office sought no later than the seventh (7th) day
before the primary, general or special municipal election. The city clerkCity Clerk shall must provide
the form to make the request.
Section 4.09. Canvass of Elections and Taking of Office
If more than two candidates filed for office, the Council must meet and canvass the primary election
returns on the third calendar day after any primary election. The two candidates for each office who
receive the highest number of votes shall will be nominees for the office named. Their names shall
must be certified by the city City clerk Clerk to the county auditorCounty Auditor who shall must
place them on the municipal general election ballot without partisan designation. The Council shall
will meet and canvasto canvass the general (regular) election or special election returns between the
third and tenth calendar days after any regular or special election, shall make full declaration of the
results, and file a statement thereof with the City Clerk. Said statement shall must be made a part of
the minutes. This statement shall must include:
(a) the total number of votes cast;
(b) the total number of individuals registered before 7:00 am on election Election day
Day and the total number of individuals registering on election Election dayDay;
(c) the total votes cast for each candidate, with a declaration of those who are elected;
(d) a true copy of the ballots used;
(e) the names of the judges of electionElection Judges; and
(f) such other information as may seem pertinent.
The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons
elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing
with the City Clerk the required oath of office.
All persons elected will assume their new office after the Oath of Office is administered.
Published: November 16, 2023
Scott J. Lund, Mayor
Melissa Moore, City Clerk