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10-6-2025 Charter Commission Meeting October 06, 2025 7:00 PM Fridley Civic Campus, 7071 University Ave N.E. Agenda Call to Order Roll Call Approval of Agenda Approval of Meeting Minutes 1.Approval of September 2, 2025 Charter Commission Meeting Minutes Administrative Matters 2.Election to Vacant Office of Chair 3.2026 Charter Commission Meeting Dates 4.Revised Bylaws 5.2025 Annual Report 6.Update to Chapter 4 of the League of Minnesota Cities (LMC) Handbook for Minnesota Cities (The Home Rule Charter City) Old Business 7.Chapters 5 Review New Business Future Meeting Topics/Communications 8.Future Meeting Topics Adjournment Accessibility Notice: If you need free interpretation or translation assistance, please contact City staff. Si necesita ayuda de interpretación o traducción gratis, comuníquese con elpersonal de la ciudad. Yog tias koj xav tau kev pab txhais lus los sis txhais ntaub ntawv dawb, ces thov tiv tauj rau Lub Nroog cov neeg ua hauj lwm. 1 Charter Commission Meeting 10/6/2025 Agenda Page 2 Haddii aad u baahan tahay tarjumaad bilaash ah ama kaalmo tarjumaad, fadlan la xiriir shaqaalaha Magaalada. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of Fridley services, programs or activities. Hearing impaired persons who need an interpreter or other persons who require auxiliary aids should contact CityClerk@FridleyMN.gov or (763) 572-3450. 2 Jufn!2/ AGENDA REPORT Meeting Date:October 6, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Approval of September 2, 2025 Charter Commission Meeting Minutes Background Attached are the minutes fromSeptember 2, 2025 Recommendation Staff recommend the approval of theSeptember 2, 2025 Charter Commission Meeting Minutes. Attachments and Other Resources September 2, 2025Charter Commission Meeting Minutes Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 3 Jufn!2/ Charter CommissionMeeting September 2, 2025 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Vice Chair Nelsoncalled the Charter Commission meeting to order at 7:00p.m. Present Brad Bremener Donald Findell Greg Gardner Nikki Karnopp Ted Kranz Dave Linton Audrey Nelson Rick Nelson Pam Reynolds Valerie Rolstad Doug Schmitz Kathy Smith Absent Steve Kisner Others Present Melissa Moore, Assistant City Manager/City Clerk Beth Kondrick, Deputy City Clerk Dave Ostwald, Mayor Approval of Agenda Motion to approve the agenda as presentedby Commissioner Reynolds, seconded by Commissioner Findell. Upon avoice callvote,allvoting aye,ViceChair Nelsondeclared the motion carried unanimously. Approval of Meeting Minutes 1.Approval ofSeptember 2, 2025, Charter Commission Meeting Minutes Motion to approve theSeptember 2,2025Meeting Minutes attendance by Commissioner Reynolds. Seconded by Commissioner Bremener. 4 Jufn!2/ Charter Commission 09-02-2025 Minutes Page 2 Upon avoice callvote, all voting aye, Vice Chair Nelson declared the motion carried unanimously. Administrative Matters 2. Resignation of Clifford Johnson Clifford Johnson submitted his resignation from the Commission in May. His vacancy will be advertised, and an election will be held next month to elect a new chair. Motion to accept the resignation with regret by Commissioner Karnopp. Seconded by Commissioner Gardner. Upon a voice call vote, all voting aye, Vice Chair Nelson declared the motion carried unanimously. Old Business 3. Bylaws Review Commissioners reviewed the current Bylaws alongside proposed changes from Commissioner Reynolds. Motion to not include language regarding remote attendance by Commissioner Gardner. Seconded by Commissioner Rolstad. Upon a voice call vote, with most voting nay, Vice Chair Nelson declared the motion failed. Motion to include language regarding remote attendance by Commissioner Rolstad. Seconded by Commissioner Findell. Upon a voice call vote, all voting aye, Vice Chair Nelson declared the motion carried unanimously. The Commission discussed a few other changes to the section on Vacancies in Commission language changes throughout. Motion to approve the amended Bylaws by Commissioner Rolstad. Seconded by Commissioner Reynolds. Upon a voice call vote, all voting aye, Vice Chair Nelson declared the motion carried unanimously. 3. Chapter 5 Review Commissioner Linton asked the Commissioners to do an exercise on the number of signatures needed for a petition for some data gathering. 5 Jufn!2/ Charter Commission 09-02-2025 Minutes Page 3 Motion to table Chapter 5 until October meeting by Commissioner Karnopp. Seconded by Commissioner Kranz. Upon a voice call vote, all voting aye, Vice Chair Nelson declared the motion carried unanimously. New Business Commissioner Reynolds brought forward a document on research on who is eligible to serve on City Commissions and asked to discuss it as a topic at the next meeting. Future Meeting Topics/Communications 4. Future Meeting Topics Candidate Interview Process Adding Language to the Charter for who can and cannot serve on the Commission, specifically section 2.013 of Chapter 2 Next Chapter to Review Chapter 5 Commission Onboarding Manual Meeting schedule cadence Chapter 6 Adjournment Motion by Commissioner Reynolds to adjourn the meeting. Seconded by Commissioner Rolstad. Upon a voice call vote, all voting aye, Vice Chair Nelson declared the motion carried unanimously. The meeting adjourned at 8:35 p.m. 6 Jufn!3/ AGENDA REPORT Meeting Date:October 6, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Election to Vacant Office of Chair Background At its September 2, 2025meeting the Fridley Charter Commission (Commission) accepted the resignation of then Chair Clifford Johnson. vacant offices shall be made from the floor at the next meeting following the meeting at which the A newChair will be duly elected by a simple majority vote of the Commission. If there is a contested race for the office of Chair, staff will provide a written ballot to the Commission to complete. At that time the Vice Chair should ask for a teller committee be reflected in the minutes. Recommendation Staff recommend nominations from the floor to the office of Chair. Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 7 Jufn!4/ AGENDA REPORT Meeting Date:October 6, 2025 Meeting Type: Charter Commission Submitted By:Melissa Moore, Assistant City Manager/City Clerk Title 2026Charter Commission Meeting Dates Background Attached is a list of City Council meeting dates. The Council has not yet formally approved the dates, but staff are confident they will be basedon meeting date requirements, past practice and holidays. 2026 City Council meeting dates: January 5January 26February 9February 23 March 9March 23April 13April 27 May 11May 26June 8June 22 July 13July 27August 10August 24 September 14September 28October 12October 26 November 9November 23December 14December 21 Recommendation Staff recommend the Commissionapprovemeeting dates for2026. Attachments and Other Resources Blank 2026 calendar for reference Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 8 Jufn!4/ 9 Jufn!5/ AGENDA REPORT Meeting Date:October 6, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title RevisedBylaws Background On September 2,the Commission reviewed and unanimously approved a motion to approve the Bylaws(attached). Recommendation None. Attachments and Other Resources Commission Bylaws Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 10 Jufn!5/ Fridley Home Rule Charter Commission Bylaws Approved September 2, 2025 1. Name the name of the organization shall be the Fridley Home Rule Charter Commission (Commission). 2. Mission To collaboratively evaluate and propose changes to the Fridley City Charter (Charter) that reflect the importance of the Charter, to enable effective government operations and reflects the values of the residents of Fridley. 3. Strategic Values Strategic Value Attained Through Collaboration 1. Active communication with the City Council. 2. Respecting differing opinions on matters and working to find consensus. 3. Continuous refinement and improvements to the Charter to ensure it is a document which best serves the residents and City government. Stewardship 1. Maintaining responsibility for the applicability and efficacy of the Charter. 2. Ensuring the directives of the Charter reflect the will of Fridley residents. Engagement 1. Educating the residents of Fridley on the role of the City Charter and Charter Commission. 2. Participating in community events to listen and learn how residents feel about certain issues. 3. When Commission openings occur, actively recruit new voices that reflect the changing demographics of Fridley. 4. Meetings (a) Commission meetings will be held at Fridley City Hall or a designated public location upon proper notice. (b) The annual meeting of the Commission shall be held in March of each year. The election of officers of the Commission shall take place at the annual meeting. (c) Special meetings may be called by the Chair. In addition, the Chair shall call a special meeting within 10 days upon receipt of a written request signed by at least five members. Such special meeting shall require proper notice to the commissioners and the public as required by Minnesota Statutes Chapter 13D. Page 1 11 Jufn!5/ (d) A quorum to conduct business shall be determined according to the following schedule: Number of appointed Charter Commission members Quorum 15, 14, 13 7 12 or 11 6 10 or fewer 5 (e) Except as provided in these Bylaws, all meetings shall be governed in accordance with (Revised 2011). (f) The meeting shall be called to order by the Chair. If there is not a quorum within 10 minutes after the time of the meeting is to commence, the Commission members shall be dismissed by the Chair. However, if in the sole discretion of the Chair, there is business that should be addressed, the Chair may require that the Commission members stay up to an additional 10 minutes in order to see if a quorum can be met. If no quorum is met within the additional 10- minute timeframe, the Chair shall dismiss the Commission members. (g) Remote attendance shall be allowed with proper notice. 5. Membership The membership of the Commission shall be 15 members. (a) All Commission members shall be expected to attend all meetings and will inform the Staff Liaison of their attendance. (b) Any member missing three consecutive meetings without notifying the Liaison, or failing to perform the duties of the office shall be subject to a discharge from the Commission upon a written request to the District Court, supported by 2/3 of the Commission members present and voting. (c) Vacancies in the Commission membership shall be filled as follows: (1) Volunteer must be a qualified voter, residing in the City. (2) Interest forms will be maintained by the Staff Liaison for one year. If a resignation is received the Staff Liaison will advertise the vacancy for 30 calendar days. 6. Officers (a) Election of Officers (1) The officers of the Commission shall consist of Chair, Vice Chair, and a Secretary. (2) The Chair, Vice Chair, and Secretary shall be elected from the membership of the Commission by the Commission members. (3) The Chair, Vice Chair, and Secretary shall be elected by the Commission at the annual meeting. No officer of the Commission shall serve more than two Page 2 12 Jufn!5/ consecutive full terms in the same office. (4) All officers shall begin their terms of office immediately upon election to that office. (5) Election to vacant offices shall be made from the floor at the next meeting of the Commission following the meeting at which the vacancy is declared. Members of the Commission who are elected to vacant offices shall serve until the next annual meeting of the Commission. (6) Officers of the Commission shall be declared duly elected by a simple majority vote of those members of the Commission who are present and voting. Any contested race for an office shall be done by a written ballot. The acting Chair will ask for a committee of two Commission members to count the ballots. If at all possible, the members of the committee shall not include members of the Commission who are running for an officer position. (b) Duties of Officers and Liaison (1) The Chair shall have the following responsibilities to: ((a)) call all regular and special meetings; ((b)) preside at all meetings; ((e)) set the agenda; ((d)) implement the decisions of the Commission; and ((e)) participate in all Commission decisions as a voting member. (2) The Vice Chair shall assist the Chair in the performance of these duties. In the event the Chair is unable to perform their duties, the Vice Chair shall discharge such duties. (3) The Secretary shall be responsible for presiding at meetings in the absence of the Chair and Vice Chair. (4) The Staff Liaison shall be designated by the City Manager and serve as the recording secretary at all meetings of the Commission. The Staff Liaison, with the direction of the Secretary, will have the following responsibilities: ((a)) serve in an advisory capacity at all Commission meetings as a non-voting member; ((b)) assist the Commission by providing research information as requested by Officers or Members of the Commission; ((c)) prepare proposed Charter changes for submission to the City Council; ((d)) retain records of Commission proceedings as required by State law; ((e)) keep an accurate record of attendance; ((f)) recording of minutes at all meetings; ((g)) distributing notices of upcoming meetings, minutes, and agendas to Commission members within a reasonable time; ((h)) giving notice to Commission members who have missed two consecutive meetings pursuant to Section No. 4 (b) of the Bylaws; and ((i)) transmitting all correspondence and related resource material concerning the Page 3 13 Jufn!5/ Commission to the City Clerk for retention. 7. Committees (a) The Chair shall have the power to create committees consisting of members of the Commission, appoint members of the committees, and designate chairs of those committees. (b) In January of each year the Chair shall appoint a Nominating Committee of three or more Commission members who shall nominate one or more candidates for each office of the Commission. A written report of such nominations by the Nominating Committee shall be transmitted electronically or by mail by the Staff Liaison to each member at least 10 days before the annual meeting. 8. Voting (a) A majority vote of Commission members present at a Commission meeting shall be sufficient to pass motions and resolutions except as provided elsewhere. (b) There shall be no secret votes. 9. Order of Business The Commission shall follow the following order of business at its meetings: (a) Call to Order by the Chair (b) Roll Call (c) Approval of the Agenda (d) Approval of the Minutes (e) Administrative Matters (f) Old Business (g) New Business (h) Future Meeting Topics (i) Adjournment. 10. Amendment of Bylaws These Bylaws can be amended at any regular meeting of the Commission by 2/3 vote of those present, provided that the contemplated amendment has been properly noticed in writing electronically or by mail to all Commission members. Page 4 14 Jufn!6/ AGENDA REPORT Meeting Date:October 6, 2025 Meeting Type:Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title 2025Annual Report Background Pursuant to Minnesota Statute § 410.05 Subd. 2, Chief Judge of the District Court, on or before December 31 of each year, an annual report outlining its activities and Attached is a draft letter outlining work done in 2025 by the Charter Commission. Recommendation Staff recommend the Commission review the Annual Report, provide any direction on revisions, and make a motion to approve. Attachments and Other Resources 2025Annual Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 15 Jufn!6/ Fridley Civic Campus October 7, 2025 Honorable Elizabeth H. Strand Tenth Judicial District Kanabec County Courthouse 18 North Vine Street, Suite 318 Mora, MN 55051 Re:Fridley Charter Commission 2025Annual Report Dear Honorable Judge Strand, Pursuant to Minnesota Statute § 410.05 Subd. 2, please accept this 2025Annual Report of the Fridley Charter Commission (Commission). The Commission met on the following dates in 2025: January 13, February 3, March 3, April 7,May 5, September 2, October 6 and November 3. At its Annual Meeting the Commission held its election of officers and selected the following members to serve as its officers: Clifford Johnsonas Chair, Rick Nelsonas Vice Chair and Mohamed Barreas Secretary. In 2025the Commission: Conducted interviews and recommended Commissioner Brad Bremenerfor appointment to the Commission; Held a joint meeting with the Fridley City Council; Approved the Continued work on updating the Initiative, Referendum and Recall Chapter of the City Charter. If you have any questions or comments, please contact me. Respectfully submitted, Beth Kondrick Staff Liaison, Fridley Charter Commission Deputy City Clerk 763-572-3573, beth.kondrick@fridleymn.gov 16 7071 University Ave N.E. Fridley, MN 55432 763-571-3450 FAX: 763-571-1287 FridleyMN.gov Jufn!7/ AGENDA REPORT Meeting Date:October 6, 2025 Meeting Type:Charter Commission Submitted By:Melissa Moore, Assistant City Manager/City Clerk Title Update to Chapter 4 of the League of Minnesota Cities(LMC) Handbook for Minnesota Cities (The Home Rule Charter City) Background a collection of 26 chapters that distill, explain and provide recommendations to cities regarding various topics. LMC attorneys update and revise chapters on a regular basis. Recently,LMC released a new version of Chapter 4 (The Home Rule Charter City). The updated chapter is attached. All chapters may be read online: lmc.org/news-publications/publications/handbook-for-minnesota-cities/. The LMC offers a Charter Assistance Program, providing neutral information and analysis to cities related to charter-related policy issues. More information on the program may be read online: lmc.org/resources/charter-assistance-program/. In May of 2024 an LMCAttorney provided an information session with the Commission. With several new members on the Commission, staff recommend another information session. Recommendation Staff recommend all commissioners read Chapter 4 (The Home Rule Charter City) of the LMC Handbook for Minnesota Cities. Staff recommend a motion directing staff to arrange for an LMC Staff Attrmey to provide an informational session with the Commission at an upcoming meeting. Attachments and Other Resources Chapter 4 (The Home Rule Charter City) of the LMC Handbook for Minnesota Cities Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 17 Jufn!7/ HANDBOOK FOR MINNESOTA CITIES Chapter 4 The Home Rule Charter City TABLE OF CONTENTS I. Home rule in Minnesota .......................................................................................................................... 3 II.Distinction between home rule charter and statutory cities ....................................................................... 3 III.The home rule charter ............................................................................................................................. 4 A.Forms of city organization.......................................................................................................................4 B.Advantages of a home rule charter ........................................................................................................... 5 C.Disadvantages of a city charter ................................................................................................................ 6 D. Essentials of a good home rule charter ..................................................................................................... 6 IV.The charter commission .......................................................................................................................... 8 A. Creation .................................................................................................................................................. 8 B.Commission members ............................................................................................................................. 9 C.Purpose and functions ........................................................................................................................... 10 D. Dissolution ............................................................................................................................................ 11 V.The charter process ............................................................................................................................... 11 A. Drafting ................................................................................................................................................ 11 B.Election................................................................................................................................................. 12 C.Amendments ......................................................................................................................................... 15 D. New or revised charters ......................................................................................................................... 18 E.Abandoning a home rule charter............................................................................................................18 VI.General powers ..................................................................................................................................... 19 VII.Charter subjects and provisions ............................................................................................................. 20 A. Taxes .................................................................................................................................................... 20 B.Finance ................................................................................................................................................. 20 C.Utilities ................................................................................................................................................. 20 D. Ordinances ............................................................................................................................................ 21 E.Elections ............................................................................................................................................... 22 F. Elected officials.................................................................................................................................... 22 G. City personnel ....................................................................................................................................... 23 H. Delegation of powers ............................................................................................................................ 24 This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.lmc.org 7/15/2025 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2025 All Rights Reserved 18 Jufn!7/ I.Contracts...............................................................................................................................................24 J.Accounting...........................................................................................................................................24 K. Licensing and regulation ....................................................................................................................... 24 L.Special assessments............................................................................................................................... 25 M.Real estate.............................................................................................................................................25 N.Liability................................................................................................................................................25 VIII. Conflicts with state law ......................................................................................................................... 25 A. General rule .......................................................................................................................................... 26 B.Identifying conflicts .............................................................................................................................. 26 C.Resolution.............................................................................................................................................27 IX.How charter cities should use the LMC handbook ................................................................................. 27 League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 2 19 Jufn!7/ HANDBOOK FOR MINNESOTA CITIES Chapter 4 The Home Rule Charter City Understand the authority to form a home rule charter city, the ways a charter citycan be organized, and charter city powers. Compare and contrast charter cities and statutory cities. I.Home rule in Minnesota RELEVANT LINKS: Minn. Const. art. XII, § 4. The Minnesota Constitution allows the Legislature to establish home rule Minn. Stat. ch. 410. charter cities, counties, and other units of local government. State law enacted under this constitutional authority allows cities to adoptahome rule charter.A home rule city charter, or more simply, a “city charter,” is essentially a local constitution that is drafted to meet the specific needs of the community.Any city canadopt a home rulecitycharter. Of the 856 cities in the state, 107 are currently operating under a voter-approved city charter. See Section VIII, Conflicts Home rule charter cities can exercise any powers in their locally adopted with state law. charters, as long as they do not conflict with state law. Conversely, city charter provisions can specifically restrict the powers of a city. As a result, voters in home rule charter cities have more control over their city’s powers. II. Distinction between home rule charter and statutory cities The major difference between home rulecharter cities and statutory cities in Minnesota is the enabling legislation from which they gain their Minn. Stat. ch. 412. authority. Statutory cities derive their powers from Chapter 412 of Minnesota Statutes, commonly known as the statutory city code (“city code”). Home rule charter cities obtain their powers from a city charter. The distinction between home rule charter cities and statutory cities is one of organization and powers, not differences in population, size, location, or other physical features. Despite this distinction, home rule charter cities are often interested in the See Section IV, The charter statutory city code. For example, a charter commission will often review commission. Minn. Stat. § 410.33. Chapter 412 when drafting amendments to the city charter. Additionally, Minn. Stat. ch. 412. when a city charter is silent on a matter that is addressed in the statutory city code (or other general law), the home rule charter city can generally use that statutory authority,as well.Statutory cities are sometimes interested in citycharters themselves. This may occur when problems arise that cannot be solved under the statutory city code. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.lmc.org 7/15/2025 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2025 All Rights Reserved 20 Jufn!7/ RELEVANT LINKS: When a statutory city finds itself in thissituation, it can either request that the Legislature change the city code (or adopt a special law for that specific city), or it can become a home rule charter city with a city charter provision that provides the necessary authority. III.The home rule charter City charters are, in effect, local constitutions. State law givescities a wide range of discretion to draft charters that will meet the specific needs of the community. A. Forms of city organization Minn. Stat. § 410.16. The city charter can provide for any form of municipal government that is Handbook, Local consistent with state law that applies uniformly to all cities in Minnesota. Government in Minnesota. Home rule charter cities in Minnesota have operated under the following five forms of city government. A city charter can, however, alter some of these features. 1. Weak mayor-council The weak mayor-council plan is the most predominant form of city organization and is used by 59 of the 108 home rule charter cities. Under this plan, administrative and legislative authority is the city council’s ultimate responsibility. The powers of the mayor are generally no greater (or less) than those of any other member of the city council. No individual city council member holds any specific administrative powers. 2. Strong mayor-council The strong mayor-council plan is not very common in Minnesota. This plan is used by only fourhome rule charter cities: Minneapolis, St. Paul, Duluth, and St. Cloud. Under this plan, the mayor is responsible to the city council for the operation of all administrative agencies. Under the usual strong mayor-council plan, the mayor can generally appoint and remove subordinates, is not a councilmember but can veto council legislation, and prepares and administers a budget that is subject to city council approval. The chief functions of the council are to legislate and set policies. 3. Council-manager Under the council-manager form of government, the city council has policy-making and legislative authority, but the administration is the responsibility of an appointed city manager who answers directly to the city council. Currently, 35 Minnesota home rule charter cities use the council-manager plan. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 4 21 Jufn!7/ RELEVANT LINKS: 4. Council-administrator The council-administrator plan is also not very common in Minnesota and is currently used by 9 of the 107 charter cities in the state. Under this plan, the city council exercises legislative and policy-making powers, and the city administrator oversees the administration of all city affairs and is responsible to the city council. 5. Commission Under the commission form of government, each elected council member is responsible for a particular administrative department. So, in addition to having duties as a legislative official, each council member is also a department head. The commission form has never been very popular. Over the years, it was used by only a few home rule charter cities. Today, no Minnesota city is operating under a commission. B. Advantages of a home rule charter The home rule charter type of city government has advantages and disadvantages. Some of the advantages include: Cities can tailor their charter to their unique needs and desires (cities LMC Charter Assistance are encouraged to contact the League of Minnesota Cities Charter Program. Assistance Program for model and sample charters, research memos, and assistance with drafting, amending, or adopting a city charter). City residents draft, adopt, and amend the city’s charter. A home rule charter city, unlike a statutory city, has the power to make changes to fit its own needs by amending its charter. These changes See Section V-C, Amendments. can occur locally, rather than waiting (and hoping) for a new law to be passed when the Legislature is in session. The city charterprocess educates voters. Some serve on charter commissions while others learn about the city charter and any amendments when voting on proposed changes. A city charter may cover many functions and procedures, or it may be very similar to the statutory form of city government. If state law is silent on a specific subject, local citizens can address them in their city charter. A city charter can provide for initiative, referendum, recall, and election of council members by wards. See Section VII, Charter subjects and provisions. City charters sometimes include limitations that are more stringent than those in state law. For example, a few city charters contain tax and debt limitations. The cost of government under a city charter can be similar to the cost of the statutory city form of government. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 5 22 Jufn!7/ RELEVANT LINKS: C.Disadvantages of a citycharter A city charter also has its disadvantages. These disadvantages may include: Cost. While the cost of preparing a city charter should be relatively minor, in smaller communities the cost is larger relative to the population. National Civic League Model City Charter, Ninth Drafting. Poor city charter drafting can be a problem. A charter city Edition (2021). can minimize these concerns by relying on model city charters and receiving professional adviceand guidance. Time. The process for amending a city charter is often time-consuming and cumbersome. Division. City charter amendments can be difficult to pass (particularly when the subject matter is controversial). Sometimes, city advocates will go directly to the Legislature for a solution, in order to bypass local opposition or to avoid dividing the community. This tends to defeat the original purpose of home rule: local control. Elections. If the city charter provides for special elections, election expenses may be overly burdensome to city budgets. Jurisdiction. Anyone looking for the applicable law relating to a home rule charter city must consult not only state law, but also the particular city charter. Only a few collections of citycharters exist. An up-to-date copy of a city charter is of utmost importance to ensure the advice is accurate. Uniqueness. The experiences of other cities may be of little help to a home rule charter city. For example, when the Supreme Court or the attorney general gives a ruling that concerns a statutory city, that opinion will, in most instances, be equally applicable to all other statutory cities in the state. Rulings affecting a specific city charter may, however, only be relevant to those cities that have very similar charter provisions. Complexity. The procedure for abandoning the home rule charter form of city government may be complicated. D. Essentials of a good home rule charter Effective city charters maximize advantages andminimize disadvantages. A good city charter will also address the following: 1. Comprehensive grant of power The most essential element of a good city charter is a comprehensive grant of power that allows the city to exercise all powers legally available under state law and the state constitution. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 6 23 Jufn!7/ RELEVANT LINKS: Because cities are organized to promote the public welfare, and because city residents maintaincontrol through their elected representatives and charter commission members, citizens should not be afraid of entrusting their city government with a wide range of powers. If the citizens feel that it is necessary, thecitycharter can include initiative, referendum, and recall provisions as additional checks to prevent the abuse of power. An example of a comprehensive grant of power clause in a citycharter is as follows: “Powers of the City. The city shall have all powers which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony with the constitution of this state and of the United States. It is the intention of this charter to confer upon the city every power which it would have if it were specifically mentioned. The charter shall be construed liberally in favor of the city and the specific mention of particular municipal powers in other sections of this charter does not limit the powers of the city to those thus mentioned. Unless granted to some other officer or body, all powers are vested in the city council.” 2. Simplicity and brevity Simplicity and brevity are also essential to a good city charter. Provisions should be simple and clear, avoiding the possibility of more than one interpretation. A city charter should also be brief enough to be read in a reasonable amount of time. 3. Governance fundamentals Because of the difficulty in amending and abandoning a city charter, the charter should only deal with governance fundamentals and give the city council the authority to provide more detailed regulations through city ordinances. 4. Responsive organization A good city charter provides for a workable, responsive governmental organization. Its design should eliminate unnecessary “red tape” and make city government more effective by reducing the number of working parts. 5. Centralize administration Whenever possible, the city charter should centralize responsibility for administration in one person: a chief administrative officer.This encourages and rewards expertise and efficiency in city administration. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 7 24 Jufn!7/ RELEVANT LINKS: 6. Representative democracy A city charter should emphasize representative democracy. A city should limit the number of elected offices so voters can intelligently cast their ballots. The city charter should never ask voters to elect non-policy- making administrative officers. The city should have only a single body elected by voters to legislate and determine policies for the city. This single legislative body, the city council, should be composed of between five and nine members. Council member terms should be long enough (up Minn. Stat. § 205.07. to four years) to gain experience. State law provides that most council terms be four years, although two-year mayoral terms are allowed. 7. Advisory boards All advisory boards, committees, and commissionsshould report directly to the city council. The city charter can outline a procedure for appointment to these groups. IV.The charter commission A. Creation Every home rule charter begins with the appointment of a charter Minn. Stat. § 410.05, subd. 1. commission by the state district court. A charter commission canbe createdone of three ways: Court Discretion. The chief judge of the district court in which the Minnesota District Courts. city lies canappoint a charter commission if it is deemed to be in the best interest of the city. Likely, the court will not do this unless there is local interest in the matter. Petition. Thecourt must make the appointment if it receives a petition signed by voters who constitute at least 10%of the number of voters who voted at the last city election. Smaller cities may find it easier to get the necessary number of signatures. Resolution. The city council can, by resolution, request that the district court appoint a charter commission. Minn. Stat. § 410.05, subds. Once appointed, a charter commission becomes a continuing body. Its 4, 5. membership will change from time to time, but the commission goes on See Section IV-D, indefinitely until it is formally dissolved using statutory procedures. The Dissolution. charter commission should meet at least once a year. Failure of the body to meet regularly, to propose a successful charter for election, or to function does not end its existence. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 8 25 Jufn!7/ RELEVANT LINKS: B.Commission members Minn. Stat. § 410.05, subd. 1. Charter commissions must have between 7 and 15members. The court will determine its size unless a petition of the voters or resolution of the city council specifies the size of the commission. Any city witha city charter can amend the city charter to fix the size of the commission to be between 7 and 15 members. 1. Appointment Minn. Stat. § 410.05, subd. 1. The district court usually makes charter commission appointments. The only statutory qualification for members of charter commissions is that Handbook, Election Procedures. they be qualified voters of the city. Commission members can hold other public office or public employment,except for judicial office. City council members canserve on charter commissions. However, the city’s charter canprohibitmembers of the governing body from servingon the charter commission. Charter commission members canserve unlimited successive terms. Alternatively,the city charter can contain term limits. Minn. Stat. § 410.05, subd. 3. The court canreceive information from interested citizens aboutthese appointments. A city council, the petitioners requesting appointment of a commission, or the charter commission itself can suggest names of eligible nominees to the district court for consideration. Minn. Stat. § 410.05, subd. 2. The court, acting through the chief judge, makes the charter commission appointments by filing an order with the district court clerk. The district court clerk then notifies the appointees, who have 30 days to file their written acceptances and oaths of office with the district court clerk. Minn. Stat. § 410.05, subd. 2. Appointments are for staggered (or overlapping)four-year terms. Of the initial appointments, half of the members plus one will serve two-year terms, with the remainder serving full four-year terms. Thereafter, the chief judge appoints new members or reappoints existing members every two years. The chief judge must make these appointments within 60 days of the expiration of each term. 2. Vacancies The charter commission may experience vacancies due to various reasons, such as death, inability to perform duties, failure to qualify, resignation, or Minn. Stat. § 410.05, subd. 2. moving out of the corporate limits of the city. The district court can remove members from the charter commission at any time by written order. The order must show the reason for removal. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 9 26 Jufn!7/ RELEVANT LINKS: If any member fails to perform the prescribed duties and fails to attend four consecutive meetings of the charter commission without satisfactory explanation, a majority of the members can sign a request for the member’s removal and the court must order the removal. Minn. Stat. § 410.05, subd. 2. The charter commission should always maintain its full numberof members. When a vacancy occurs, the chief judge must appoint a new member for the unexpired term. C. Purpose and functions Minn. Stat. § 410.07. The primary purpose of a new charter commissionin a statutory cityis to discuss and draft a city charter document to be voted on by the city’s Minn. Stat. § 410.05, subd. 5. Minn. Stat. § 410.10, subd. 4. residents. If the voters reject the first city charter proposed by a charter commission (absent discharge of the charter commission by a vote of its members or a referendum by the city’s voters), the charter commission can continue to submit proposals until the voters finally adopt one. Minn. Stat. § 410.05, subd. 2. Within 30 days after its appointment, a newly created charter commission must make rules, including quorum requirements, on its operations and procedures. The charter commission must file an annual report of its activities with the chief judge on or before December 31 of each year and must send a copy of the report to the city clerk. After adoption of the city charter, the charter commission continues to function. The charter commission’s statutorily prescribed duty is to study Minn. Stat. § 410.05, subd. 4. the city charter and government. The charter commission is required by law to meet at least once each calendar year. In addition, the charter commission must meet upon presentation of a petition signed by at least 10% of registered voters, according to the last annual city election, or by Minn. Stat. § 410.12, subd. 1. resolution of a majority of the city council. Further, the charter commission must convene to propose city charter amendments upon presentation of a petition of at least 5%of the number of votes cast at the last state general election in the city. Minn. Stat. § 410.12, subd. 1. The charter commission has the power to propose changes to the city charter at any time and acts like a standing constitutional convention. If the city charter does not work or proves to be faulty in operation, it is the charter commission’s duty to propose improvements. For these reasons, a charter commission should meet regularly as required and be prepared for any emergencies. Minn. Stat. § 13D.01. Charter commissions are subject to the Minnesota Open Meeting Law DPO 04-059. (OML) and the Minnesota Government Data Practices Act (MGDPA). In Minn. Stat. § 15.17. LMC information memo, addition, as government entities, charter commissions are required by law Meetings of City Councils. to keep a complete record of their activities and affairs. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 10 27 Jufn!7/ RELEVANT LINKS: Handbook, Records Charter commission members should familiarize themselves with the Management. requirements of these laws, specifically those that concernthe notice and public posting of meetings under the OML. D.Dissolution Minn. Stat. § 410.05, subd. In a statutory citywhere a citycharter has not been adopted, an appointed 5(a). charter commission canbe discharged in one of the following ways: LMC information memo, Vote. By a three-fourths vote of the charter commission, if the charter City Special Elections. commission determines that a city charter is not necessary or desirable. Election. After a general or special election (called by a petition of registered voters equal to at least 5% of the registered voters in the city) where a majority of the votes cast support the discharge of the charter commission. Minn. Stat. § 410.05, subd. If dissolved, another charter commission cannot be formed sooner than 5(b). one year from the date of discharge. See Section V-E, In a home rule charter city, the charter commission cannot be dissolved or Abandoning a home rule otherwise cease to exist unless the city charter is abandoned through the charter. statutory process for changing the form of city government. V. The charter process A. Drafting Minn. Stat. § 410.07. In a statutory city without a citycharter, the new charter commission must deliver to the city clerk the draft of a proposed city charter or a report that states that a city charter is not necessary or desirable. One of these documents must be provided as soon as practicable, and a majority of the members of the charter commission must sign it. When a majority of charter commission members approves a city charter draft, the charter commission should make and authenticate at least three identical, clear copies. All of the charter commission members who approved the draft should sign each of the copies. One copy should go to the city clerk, who will deliver it to the city council. The charter commission should keep the second copy in its files. A third copy might be useful for newspaper publication. 1. Professional assistance Minn. Stat. § 410.06. Drafting a city charter is a complex and difficult job that requires special skill. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 11 28 Jufn!7/ RELEVANT LINKS: A charter commission can, subject to the dollar limitations contained in the law, employ an attorney and other personnel to assist in drafting a city charter. Before getting too far along in the process, a charter commission should seek advice on what should be included in a city charter and should also submit a draft to an impartial expert for final review. LMC Charter Assistance The League of Minnesota Cities Charter Assistance Program can assist in Program. providing the charter commission with relevant citycharter materials. The National Civic League charter commission may also find it helpful to meet with amember of the Model City Charter, Ninth League’s staff to talk about forms of government, drafting procedures, and Edition (2021). major policy problems. The League will also provide general advice. For a nominal fee, League staff will examine and comment on an existing city charter, city charter draft, or amendment to a city charter. Mostproposed city charters have been sent to the League for this kind of review and comment. 2. Community involvement The charter commission and its committees should collect informed and interested opinions from citizens and city officials about the existing form of government and the proposed change to become a charter city. The charter commission should consider criticism or positive experiences with the existing government when drafting the city charter. The charter commission should bring tentative proposals to the attention of the public and city officials before making final decisions. Often, the mayor, city council members, and other city officials may have special insight into the merits or practicality of particular proposals. B. Election Minn. Stat. § 410.10, subd. 1. After receiving the signed draft city charter, the city clerk should notifythe LMC information memo, city council of its receipt andremind the council to submit the city charter City Special Elections. Office of the Minnesota to an election of the voters. If the council fails to do so, the court canorder Secretary of State, Ballot it.The ordinary electionrules and proceduresapplyto city charter Questions. elections,and thecity covers the expense.City charter provisions submitted to voters are generally referred to as ballot questions. Minn. Stat. § 410.10, subd. 1. The charter commission canrecall its proposed city charter at any time before the council has fixed a date for the election. The council can authorize the charter commission to recall the city charter at any time before its first publication. Minn. Stat. § 410.10, subd. 1. The council may have options regarding the timing of the election. If no Minn. Stat. § 205.10, subd. general city election is to occur within six months after the city clerk 3a. Minn. Stat. § 205.16. receives the draft, the city council must call a special city charter election on a date allowable by law. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 12 29 Jufn!7/ RELEVANT LINKS: If a general city election will occur within six months, the council can either postpone the election on the city charter until that general election, or it can call for a special election before the general election. If the election is held at the same time as the general election, the voting places and election officers mustbe the same for both elections. Minn. Stat. § 410.10, subd. 2. The notice of election must include the complete city charter. The notice must be published once a week for two successive weeks in the official newspaper and can also be published in any other legal newspaper in the city. In first-class cities, the publication must be made in a newspaper having a regular paid circulation of at least 25,000 copies. 1. Charter campaign What is the role of the charter commission in the campaign for adoption of the city charter? There are sometimes different views about the role of the charter commission and that of individual charter commission members. The law does not give the charter commission any responsibility after the city charter has left the charter commission, nor does it set any restrictions. Some charter commissions have served as the principal sponsoring organization for the city charter. Charter commission members have been responsible for publicity and have made public speeches or written editorials on the charter commission’s (as well as the proposed city charter’s) behalf. In other cities, the charter commission as a whole has not been involved in the campaign, but sometimes individual members have participated. Because state lawdoesnot address the subject, what charter commission members do will depend on their perception of what is or is not appropriate.Surely,no other group is likely to know more about what is contained in the proposed city charter and why oris likely to be more interested in the outcome of the city charter election. No outsider can give much advice on how to campaign for adoption of the city charter. Local conditions and the kind of opposition that might develop will determine the necessary community response. Overconfidence, however, frequently results in the defeat of a city charter. The opposition is usually vocal and well organized. It is no easy task, especially at a general election, to get the necessary majority to vote in favor of the city charter. Frankness and honesty about the contents of the city charter can help“disarm” theopposition. Throughout its entire proceedings, the charter commission should inform the public of its actions. LMC information memo, Charter commissions should keep in mind that the use of public funds to Public Purpose promote a particular election outcome may be questionable. Expenditures. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 13 30 Jufn!7/ RELEVANT LINKS: A.G. Op. 442-a-20 (Jul. 18, While efforts to inform voters about the city charter and to encourage 1927). A.G. Op. 442-a-20 voters to cast their ballot seem reasonable, a “vote yes” campaign brochure (Jul. 10, 1952). A.G. Op. 159-A-3 (May 24, 1966). is more questionable.Additionally, using email or social media to A.G. Op. 355-a (Oct. 27, advocate for one side of a ballot question may be questionable.Campaign 2020). See “Statement of Position: efforts by charter commission members in their role as private citizens Expenditure of Public Funds seem acceptable, provided that they do not claim to speak for the entire on Ballot Issue Advocacy,” Office of the State Auditor. charter commission. 2. Ballot Minn. Stat. § 410.10, subd. 3. The ballot mustincludethe printed words: “Shall the proposed new charter LMC information memo, be adopted? Yes ___ No ____” (with a box after each of the last two City Special Elections. words, in which the voter can indicate their choice). If alternative city charters or city charter provisions are submitted, the ballot mustbe printed in a way that allowsthe voter to indicate the preferred language. 3. Ratification Minn. Stat. § 410.11. The majority needed to adopt a city charter is 51% of those voting on the Minn. Stat. § 410.04. Minn. question at the election. A three-fourths majority, however, is needed if a Stat. § 410.121. Bard v. Minneapolis, 99 proposed city charter alters liquor patrol limits (provisions to remove or N.W.2d 468 (Minn. 1959). amend city charter provisions changing the sale of intoxicating liquor require a 55% majority). Statutory provisions specifying the percentage of necessary votes to adopt a new or revised city charter or to amend a city charter supersede conflicting city charter provisions. 4. Filing Minn. Stat. § 410.11. If voters adopt the city charter, the city clerk must file copies in the office of the secretary of state, the office of the county recorder, and the clerk’s office. A certificate attesting to the accuracy of the city charterandgiving the date of the election and the vote by which thecity charter was adopted must accompany each copy. Although the Minnesota Constitution and law do not require it, the charter commission should retain at least one copy of the city charter. Printed copies of the city charter should be sent to the League of Minnesota Cities, the Minnesota Historical Society, and to state and local libraries.These groups will frequently refer to the city charter and it will be available to other Minnesota charter commissions considering new or amended city charters.If the city has a website, it may want to consider posting an electronic copy of the city charter for increased public access. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 14 31 Jufn!7/ RELEVANT LINKS: 5. Effective date Minn. Stat. § 410.11. The city charter will take effect 30 days after the election or at another time specified by the city charter. The city charter supersedes any previous charter of the city. The courts must take judicial notice of the city charter. Minn. Stat. § 410.11. The officials elected and appointed under the newly adopted city charter can then take control of the city’s records, money, and property at any time specified by the city charter. The city charter can provide that, until an election of officers occurs, the officers under the old city charter will continue to function. When the new city charter becomes fully operational, the re-organized city corporation is in all respects the legal successor of the corporation organized under the old city charter or state law. Existing, consistent ordinances and contracts continue until the council changes them or until they expire by their terms. 6. Rejected charters If less than 51% of those voting on the question do not vote in favor of the proposed city charter: Minn. Stat. § 410.10, subd. 4. Modify and resubmit. The charter commission canchoose to modify its proposed city charter and re-submit the city charter for election. Minn. Stat. § 410.05, subd. Disband. The charter commission canchoose to disband by a three- 5(a)(1). fourths vote of its members. Discharge. The city voters candischargethe charter commission Minn. Stat. § 410.05, subd. 5(a)(2). through a petition and referendum process. Minn. Stat. § 410.05, subd. When a charter commission disbands itself or is discharged by the city 5(b). voters, another charter commission cannot be formed sooner than one year from the date of discharge. C.Amendments Charter cities will find it necessary to update or otherwise modify their Minn. Stat. § 410.12, subd. city charters to reflect current needs and expectations. Amendments must 1a. originate through one of the several ways that are provided in statute: 1. Amendment by proposal a. Charter commission Minn. Stat. § 410.12, subd. 1. A charter commission can propose amendments to the city charter at any time. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 15 32 Jufn!7/ RELEVANT LINKS: b.Citizen petition Minn. Stat. § 410.12, subds. A charter commission must propose amendments upon receiving a petition 1-3. signed by a number of registered voters equal to 5%of the total votes cast A.G. Op. 59a-11 (Dec. 30, 1981). at the previous state general election in the city. This percentage cannot be changed by the city charter itself. Only registered voters are eligible to sign the petition. Minn. Stat. § 410.12, subds. All petitions circulated must be uniform in character.The petition must 1, 3. state the proposed amendment to the city charterin full. However, if the proposed amendment is larger than 1,000 words, a true and correct copy must be filed with the city clerk, and the petition must contain a summary (between 50 and 300 words) setting forth the “substance and nature” of the proposed amendment. When a summary is used, that summary (along with a copy of the prosed amendment) must be first submitted to the charter commission for its approval as to form and substance. The charter commission has 10 days to return the summary with any modifications necessary to comply with these requirements. Minn. Stat. § 204B.071. The Secretary of State is required to develop rules governing the manner Office of the Minnesota in which petitions required for any election in this state are circulated, Secretary of State, Ballot Questions. signed, filed, and inspected. The secretary of state must provide samples of petition forms for use by election officials. Once received, thecharter commission must submit the petition to a popular vote. c. Process and procedure Minn. Stat. § 410.12, subds. The amendment goes to the city clerk, who notifies the city council. The 1, 4. city council then provides for the election under the same rules that apply Davies v. City of Minneapolis, 316 N.W.2d to a new city charter. 498 (Minn. 1982). Haumant v. Griffin, 699 The council cannot refuse to submit or change the amendment as long as it N.W.2d 774 (Minn. Ct. App. is constitutional. A city council is not obligated to submit an 2005). Kranz v. City of Bloomington, 990 N.W.2d unconstitutional charter amendment or an amendment that violates state or 695 (Minn. 2023). federal law to the voters. When an amendment to a city charter is proposed by the charter commission or petitioned for by the voters of the city, the proposed amendment must be submitted to the council at least 17 weeks before the general election. 2. Amendment by ordinance a. City council Minn. Stat. § 410.12, subd. 5. The city council can propose an amendment by ordinance. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 16 33 Jufn!7/ RELEVANT LINKS: Minn. Stat. § 410.12, subd. 5. The council submits the ordinance proposing an amendment to the charter commission, which has 60 days for review(which canbe extended by the charter commission for an additional 90 days by filing a resolution with the city clerk stating that additional time is necessary). After the review period, the charter commission returns the amendment or its own substitute amendment to the city council. The city council then submits to the voters either the amendment as originally proposed or the charter commission’s substitute amendment. b. Charter commission Minn. Stat. § 410.12, subd. 7. The charter commission canrecommend that the city council amend the city charter by ordinance. Within one month of receiving a recommendation to amend the city charter by ordinance, the city must publish notice of a public hearing of the proposal (which must also contain the text of the proposed amendment). Minn. Stat. § 410.12, subd. 7. The city must hold the public hearing on the proposed city charter amendment at least two weeks, but not more than one month, after the notice is published. Within one month of the public hearing, the city council must vote on the ordinance proposing the city charter amendment. The vote must be unanimous, including approval by the mayor if the mayor has veto power. The ordinance proposing the amendment is subject to the same publication requirements as other ordinances. The ordinance becomes effective 90 days after passage and publication, unless a later date is provided in the ordinance. Minn. Stat. § 410.12, subd. 7. Within 60 daysafter passage and publication, a petition signed by registered voters equal in number to at least 5%of the registered voters in the city or 2,000, whichever is less, canbe submitted toforcea referendum on the amendment. If voters file a proper petition, the city must handle the amendment like any other city charter amendment, except that the city council cansubmit the ordinance at a general or special election that occurs within 60 days after filing the petition, or it canreconsider its action in adopting the ordinance. c. Cities of the fourth class Minn. Stat. § 410.12, subd. 6. In cities with a population ofless than 10,000, the city council canpropose amendments by ordinance without submitting them to the charter commission. Four-fifths of the councilmembers must vote in favor of the ordinance. Two weeks published notice is necessary before the vote. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 17 34 Jufn!7/ RELEVANT LINKS: Minn. Stat. § 410.12, subd. 6. The city council must then submit the ordinance to the voters like any other amendment. 3. Elections Minn. Stat. § 410.10. Minn. The election concerning proposed amendments and the arrangement of the Stat. § 410.12, subd. 4. Minn. ballot are substantially the same as in the case of the adoption of a new Stat. § 410.121. Minn. Stat. § 205.10, subd. 3a. Minn. Stat. city charter. An amendment needs the favorable vote of 51% of those § 205.16. voting on the question. See Section V-B, Election. 4. Notice Minn. Stat. § 410.12. Minn. Amendments, like city charters, need the city clerk’s certification. Copies Stat. § 410.11. must be filed in the offices of the secretary of state and county recorder, as well as in the city clerk’s office. Amendments take effect either at the end of 30 days after the election, or at some other time if the amendment so specifies. The law also allows for alternative proposals. LMC Charter Assistance The League of Minnesota Cities Charter Assistance Program would Program. appreciate a copy in order to keep the LMC city charter collection upto date. State and local libraries and the Minnesota Historical Society are also suggested recipients. A city may also want to consider posting city charter amendments to its website to keep the online charter up to date. D. New or revised charters Any charter city with a city charter can adopt a new or revised city charter in the same manner as adopting an original city charter. If a new or completely revised city charter is to go to the voters, the preparation of the ballot and other procedures are substantially the same as for the original city charter. E.Abandoning a home rule charter Minn. Const. art. XII, § 5. Any home rule charter city canabandon its charter and become a statutory Minn. Stat. § 410.30. city. Since the state was formed, only three cities–Jordan, Isanti, and Sauk Centre, all since 1989 – have abandoned their charter form of government. These three cities are now Plan A statutory cities. A city can abandon its charter by presenting a proposal, adopting it, and having it become effective in the same manner as a charter amendment. Accordingly, abandonment would require the approval of 51% of those voting on the question. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 18 35 Jufn!7/ RELEVANT LINKS: The proposal must include a schedule withnecessary provisions for Minn. Stat. § 410.30. transition to the statutory city form of government. This is donein order to place the city on a regular election schedule as soon as practicable. The proposal can provide for continuation of specified provisions of the home rule charter for an interim period and must specify the plan under which the city will operate as a statutory city. VI.General powers Minn. Stat. § 410.16. A city charter should deal only with the fundamentals of the governmental organization of the city, leaving the council free to exercise a broad grant National Civic League of authority by ordinance. Modern charters contain provisions that claim Model City Charter, Ninth for the city all powers that thehome rule provision of the constitution Edition (2021). permits a city to assume. Older charters contain a long list of specific grants giving various powers to the city. The strong statements of intent found in League and National Civic League model charters should be adequate to ensure that the omnibus grant gives the city all the municipal power it might receive through more specific grants. Park v. City of Duluth, 159 Minnesota Supreme Court decisions generally have liberally construed all- N.W. 627 (Minn. 1916). powers grants in city charters. In addition to powers granted by the charter, State ex rel. Zien v. City of Duluth, 159 N.W. 792 various state laws may give additional powers to a city and regulate certain (Minn. 1916). City of Duluth activities. For example, authority for planning, police civil service v. Cerveny, 16 N.W.2d 779 (Minn. 1944). commissions, and municipal forest maintenance is included in laws dealing specifically with these subjects. A city charter can provide any municipal powers the Legislature could have delegated to the city, as long as the powers are consistent with state law. A number of city charters have attempted to do this. Under such a grant, the city charter can authorize the city to provide for medical clinics, public transit, and industrial parks. It canauthorize a range of public enterprises as long as they do not involve the use of public funds for an unconstitutionally private purpose. The limits depend more on public policy than on the lack of home rule charter power. Minn. Stat. § 410.33. If a charter is silent on a topic that Chapter 412 or another lawaddresses Minn. Stat. ch. 412. for statutory cities, home rule charter cities canusually apply the general In re HUC Pipeline Condemnation Litig., No. law on the subject. If, however, general law prohibits a city charter from A03-1125 (Minn. Ct. App. addressing the matter, or if it provides that the city charter prevails over May 4, 2004) (unpublished decision). general law, the home rule charter city cannot apply the general law. Nordmarken v. City of No city, however, even one organized under a city charter, has inherent Richfield, 641 N.W.2d 343 powers. A city can only exercise such powers that are expressly conferred (Minn. Ct. App. 2002). Lilly v. City of Minneapolis, 527 by state law or are implied as necessary in aid of those powers. If a matter N.W.2d 107 (Minn. Ct. App. presents a statewide problem, the implied necessary powers to regulate are 1995). narrowly construed unless the Legislature has provided otherwise. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 19 36 Jufn!7/ RELEVANT LINKS: VII.Charter subjects and provisions The following list of powers are addressed within manycitychartersand is not complete or all-inclusive. Many provisions contained within a city charter are also discussed in more detail in other chapters of the Handbook for Minnesota Cities. A. Taxes Handbook, Property Tax Presumably, a city charter can grant a home rule charter city the power to Levy. tax, although the state has largely preempted two local non-property taxes: sales tax and income tax. State law has historically provided some differences between home rule charter cities and statutory cities in Minn. Stat. § 275.75. property tax levy authority. For example, the Legislature allows charter cities to exceed their city charter limits or referendum requirements for levy increases if the increased levy was needed to offset reductionsin city local government aid (however, any state-imposed levy limits still apply). B. Finance Handbook, Municipal A city charter can, but does not need to, require a budget system (however, Budgeting. current truth-in-taxation laws require all cities to prepare a budget).The Handbook, Property Tax Levy. city charter canregulate the payment of claims and can also limit or broaden the purposes for which the city can spend money beyond the limits set for statutory cities. For example, a city charter could allow appropriations to private agencies performing work of a public nature, while statutory cities likely could not do so. The law limits statutory cities in their issuance of warrants in anticipation of the collection of taxes. A city charter can broaden or curtail this authority. Minn. Stat. § 410.325. Both statutory and home rule charter cities can use a system of anticipation certificates. A city charter canlower the debt limit applicable to cities, but Handbook, Debt and Borrowing. it cannot raise the limit. Acitycharter can also restrict the purposes for which the city can issue bonds, and it can make the procedure easier or more difficult. C. Utilities 1. Municipal utilities Minn. Stat. § 412.321. While statutory cities can establish electric, gas, light, and power utilities only after a vote by the people–regardless of the method of financing – a city charter can provide for acquisition without a vote or can require a A.G. Op. 624a-3 (June 28, different majority from the majority necessary in statutory cities. A city 1999). charter can give the right of condemnation without a time limit. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 20 37 Jufn!7/ RELEVANT LINKS: A city charter canalso allow the city to use surplus utility funds to support general funds. Minn. Stat. § 444.075, subd. City charters cannot attempt to set utility rates for water, sewer, and 3(b). stormwater utilities. City charter provisions cannot artificially inflate or LMC information memo, Securing Payment of Utility suppress rates. Authority to set rates is vested exclusively in the city Charges. council by state law. 2. Regulation The Minnesota Public Utilities Commission and the Department of Commerce regulate the service and rates of private gas, electric, and Handbook, City Regulatory Functions. telephone utilities. However, charter cities can acquire gas and electric Minn. Stat. § 410.09. franchises and can adopt regulations, including requirements for a gross earnings tax or similar fees. Strict limitations on the use of franchises, taxation, and fees for the use of public rights-of-way exist, whether or not a city has a charter. D. Ordinances 1. Procedures Minn. Stat. § 412.191, subd. Statutory cities canpass an ordinance on a single reading at the same 4. meeting that the ordinance first comes before the council. The ordinance must be published in full or in summary form in the local newspaper. Statutory cities can require several readings and a lapse of time Minn. Stat. § 410.20. between readings, but they are not required to do so. City charters can, but are not required to, provide for publication, and they can impose other restrictions on the ordinance process. 2. Initiative and referendum Minn. Stat. § 410.20. Initiative is a process that allows voters to propose new ordinances directly or repeal existing city ordinances.Referendum is a process that allows voters to stop newly passed ordinances from taking effect until a vote is held at an election to approve or reject the ordinances. Only home rule charter cities canprovide for initiative and referendum through city charter. In statutory cities, city voters cannot petition the council or city voters to adopt ordinances through the initiative process.Similarly, in statutory cities, city voters cannot act on ordinances passed by the council through the referendum process. Hanson v. City of Granite Only ordinances that are “legislative in character” can be enacted through Falls, 529 N.W.2d 485 the initiative process and by the voters through the referendum process. (Minn. Ct. App. 1995). League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 21 38 Jufn!7/ RELEVANT LINKS: Legislative actions are those that are general in nature and lay down a permanent and uniform rule of law. Hous. and Redev. Auth.v. Administrative actions, on the other hand, are those of a temporary and City of Minneapolis, 198 special character. They merely carry out existing laws and relate to the N.W.2d 531 (Minn. 1972). A.G. Op. 858 (Oct. 26, daily administration of municipal affairs. 1970). A.G. Op. 858 (August 5, 1970). But see City of Cuyahoga Administrative actions include lawsuit settlements, entering contracts, Falls v. Buckeye Cmty. Hope accepting or rejecting bids, selling municipal bonds, appointing city Found., 538 U.S. 188, (2003). A.G. Op. 185b-2 officials, levying taxes, granting licenses and permits, and adopting (Mar. 8, 1962). budgets. E.Elections Minn. Stat. § 205.02, subd. 2. State law regulatesmany phases of election procedure, but some may be Minn. Stat. § 205.07, subd. 1. open to city regulation through city charter. State law fixes the date of city elections in both statutory and home rule charter cities for the first Tuesday after the first Monday in November in even or odd years. In Minn. Stat. § 205.10, subd. 3a. charter cities, special elections can only be held on the days allowed by law. F.Elected officials 1. Wards Minn. Stat. § 410.16. A city charter can provide for various methods of representation,including at-large representation, proportional ward representation, or a combination of at-large and proportional ward representation. The charter can also require nomination procedures that are different from those in statutory cities. Historically, ward representation was not available to statutory cities; however,in 2024,the legislature providedexplicit authorityfor Minn. Stat. § 412.02, subd. 7. statutory cities to adopt wards. 2. Removal by the council Minn. Stat. § 351.02. State law establishes specific situations that create vacancies in elected A.G. Op. 59a-30 (Jul. 24, office. A charter cannot provide for the removal of council members by 1996). the council for any reason not explicitly stated in state law. 3. Recall Minn. Stat. § 410.20. Recall is a procedure that allows citizens to remove and replace a public elected official before the official’s term of office ends. Home rule charter cities have some limited authority to provide for recall of the city’s elected officials. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 22 39 Jufn!7/ RELEVANT LINKS: Minn. Const. art. VIII, § 5. The Minnesota Constitution and state court decisions have restricted the Jacobsen v. Nagel, 96 recall of elected city officials to cases of serious malfeasance or N.W.2d 569 (Minn. 1959). nonfeasance during the term of office in the performance of the duties of the office. Recall does not existin statutory cities. Malfeasance is the intentional commission of unlawful or wrongful acts in Minn. Stat. § 211C.01, subd. the performance of official duties or substantially outside the scope of the 2. official’s authority and which infringes on the rights of any person or entity. Nonfeasance is the intentional, repeated failure to perform specific acts Minn. Stat. § 211C.01, subd. that are required as official duties. 3. Minn. Stat. § 410.20. Recall of elected officials in Minnesota must be done by a petition of the electors in the city, and there are specific requirements that govern the form and content of recall petitions.Because recall must be done by a petition of the electors in the city, the city must know that the individuals signing the petition are eligible voters. For this reason, recall petitions must include the following information: Date. Minn. R. 8205.1010. Minn. R. 8205.1030. Printed first, middle, and last name. Year of birth. Proposed Petition, LMC model form. Signature. Residence address. City or township. County. 4. Term limits Minneapolis Term Limits A charter cannot impose term limitson city elected officials. Coal. v. Keefe, 535 N.W.2d 306 (Minn. 1995). G. City personnel In home rule charter cities, the charter can establish procedures for the appointment and removal of non-elected officers and employees at the discretion of the council. The charter caninclude restrictions, such as a formal civil service system, and it canauthorize the council to fix administrative salaries subject to the limitations and procedures provided by the charter. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 23 40 Jufn!7/ RELEVANT LINKS: H.Delegation of powers A.G. Op. 624a-3 (June 28, Absent specific statutory or charter authority, the council of a charter city 1999). A.G. Op. 1001-a cannot delegate powers and duties that require the exercise of judgment (Sept. 15, 1950). Muehring v. Sch. Dist. No. 31, 28 N.W.2d and discretion to other persons or bodies. Specific language must exist in 655 (Minn. 1947). the charter for any delegation to occur. Minneapolis Gas and Light Co. v. City of Minneapolis, 30 N.W. 450 (Minn. 1886). I.Contracts Minn. Stat. § 471.345. State law establishes bidding procedures and uniform dollar limits for all city contracts for the purchase, sale, or rental of supplies, materials, or A.G. Op. 59-a-15 (Aug. 22, equipment, or the construction, alteration, repair, or maintenance of real or 1969). personal property. Queen City Constr., Inc. v. While the language leaves some doubt about the application of the law to City of Rochester, 604 home rule charter cities, the attorney general has stated that the law N.W.2d 368 (Minn. Ct. App. 1999). supersedes all city charter provisions concerning uniform dollar Handbook, Expenditures, limitations. Presumably, the charter can regulate some phases of the Purchasing and Contracts. contracting procedure, but most city charters deal only with subjects not covered by the state law. J. Accounting Minn. Stat. § 412.222. Under the law, statutory cities canemploy a public accountant or the state auditor to perform an audit. Through the city charter, cities canrequire an Minn. Stat. § 6.54. Minn. annual audit by the person designatedto perform the audit. Charter cities Stat. § 6.55. are also subject to the law that requires the state auditor to examine a city’s records on the initiative of the council or a petition of citizens. Minn. Stat. §§ 471.695-.698. All cities are required to publish their annual financial statements. In home rule charter cities, the charter can require additional reports and publication of the reports,depending on the desires of the community. The Handbook, Property Tax number and kinds of funds, and the authority to transfer between funds, Levy. may come under charter regulation with minimum statutory restriction. In statutory cities, the law is more restrictive on this subject. K. Licensing and regulation Handbook, City Licensing. While statutory cities must find a specific law authorizing the city to Handbook, City Regulatory license or regulate an activity before doing so, a charter city can often rely Functions. on an all-powers provision in the city charter to license or regulate activities within its borders. Without such an all-powers or other broad grant of authority, a charter city must find a specific charter provision or state law authorizing the regulation. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 24 41 Jufn!7/ RELEVANT LINKS: L.Special assessments Handbook,Financing Public Both statutory and home rule charter cities can finance local improvements Improvements. by special assessments against benefited property under a uniform Minn. Const. art. X, § 1. Minn. Stat. ch. 429. constitutional and statutory procedure. While most home rule charter cities Minn. Stat. § 429.111. follow state law, a city charter can provide a different procedure or Minn. Stat. § 429.021, subd. authorize the city council to adopt a different procedure and can require 3. the city to use that method exclusively. A charter city, however, must conform to certain requirements of state law. The charter can require the Minn. Const. art. X, § 1. city to use general funds or service charges, rather than special assessments, for local improvements. Any special assessments used must comply with the constitutional requirement that the amount of the special assessments cannot exceed the increased market value of the property as a result of the benefit due to the local improvement. Some charters with special assessment provisions authorize the city council to choose between utilizing the charter provisions or state law Curiskis v. City of Minneapolis, 729 N.W.2d when imposing special assessments. A courtcase has validated such 655 (Minn. Ct. App. 2007). charter provisions. However, when a city elects to use its charter provisions for a special assessment project, the charter provisions must be followed throughout the entire project. The city cannot later elect to use the state law provisions for the same special assessment project. Likewise, the city cannot commence a special assessment project under the procedure in state law and then later elect to utilize the charter procedure. M. Real estate Handbook, Expenditures, Charter and statutory cities can acquire real estate that is needed for public Purchasing and Contracts. purposes, and the city council can dispose of it when it is no longer LMC information memo, Purchase and Sale of Real needed. State law does not require bids or approval of the voters, but a Property. charter can impose such restrictions. N. Liability Handbook, Liability. Both statutory and home rule charter cities are subject to the same tort liability imposed by statutes and court decisions. Home rule charter cities cannot attempt to extend or curtail the city’s liability to any extent. VIII. Conflicts with state law Harmonizing general statutory language and city charter provisions that deal with the same subject can be difficult. Cities can resolve potential conflicts between state laws and city charter provisions through the following process: League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 25 42 Jufn!7/ RELEVANT LINKS: A.General rule Nordmarken v. City of The general rule is that when a city charter provision is in conflict with Richfield, 641 N.W.2d 343 state law, the state law prevails, and the charter provision is ineffective to (Minn. Ct. App. 2002). the extent that it conflicts with state policy. B. Identifying conflicts Mangold Midwest Co. v. When state law is silent on an issue covered by a city charter and the issue Village of Richfield, 143 is one that the Legislature has the power to delegate to a city, the N.W.2d 813 (Minn. 1966). State v. Kuhlman, 729 assumption is that there is no conflict with state policy. On the other hand, N.W.2d 577 (Minn. 2007). when a charter provision and state law deal with the same issue, the Bicking v. City of possibility for conflict or preemptionoccurs. Charter provisions or charter Minneapolis, 891 N.W.2d city ordinances conflict with state law when they contain express or 304 (Minn. 2017); Graco, Inc. v. City of Minneapolis, implied terms that are irreconcilable with each other. State law preempts 937 N.W2d 756 (Minn. charter provisions or charter city ordinances when state law fully occupies 2020). a particular field of legislation. State v. Burns, No. A05-2554 Rather than requesting an attorney general’s opinion or having a court (Minn. Ct. App. Mar. 20, resolve the possible conflict, a city council can, by resolution, rely on the 2007) (unpublished decision). opinion of its attorney as to whether a conflict exists. In making this decision, the attorney should consider the following points: Is there a court case or attorney general opinion that deals with the same or similar provisions? If so, the city must follow the court ruling. Even though attorney general opinions are only advisory, a city should seriously consider the reasoning behind the opinion. In the absence of a court decision or attorney general ruling, does the state law clearly outline or imply a policy decision by the Legislature that the law applies to charter cities as well as to statutory cities? Minn. Stat. § 410.015. For laws passed by the Legislature since 1976, this determination is easy. In any law taking effect after July 1, 1976, the word “city” means statutory city only. After that date, in order for a law to apply to charter cities, the law itself must clearly state that it applies to both statutory and home rule charter cities. A mere reference to all cities would not be sufficient to include charter cities. For laws enacted prior to July 1, 1976, cities should look for phrases such as, “all cities shall” or “unless the council determines to proceed under charter provisions” for clues of legislative intent. Generally, laws enacted by the Legislature for the purpose of protecting the public prior to July 1, 1976, likely apply to all cities. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 26 43 Jufn!7/ RELEVANT LINKS: C.Resolution Columbia Heights Police Even if a general state law applies to charter cities, it does not necessarily Relief Ass’n v. City of supersede a charter provision. If both the charter and state law direct the Columbia Heights, 233 N.W.2d 760 (Minn. 1975). city to take certain actions or follow certain procedures, it may be State v. Kuhlman, 729 advisable to follow both the charter provision and the state law, in order to N.W.2d 577 (Minn. 2007). State v. Burns, No. A05-2554 resolve any conflicts between the two provisions. State law supersedes (Minn. Ct. App. Mar. 20, charter provisions only to the extent that the charter provisions conflict 2007) (unpublished decision). with state policy. IX.How charter cities should use the LMC handbook This handbook is written for both statutory and home rule charter cities. Each chapter includes a section about how the chapter relates to charter cities. Because of the differences in city charters, it is difficult to generalize about how an individual charter city will be impacted by any particular state law. The handbook does, however, address statewide laws and rules, court decisions, and attorney general opinions that apply to charter cities. League of Minnesota Cities Handbook for Minnesota Cities 7/15/2025 The Home Rule Charter City Chapter 4 | Page 27 44 Jufn!8/ AGENDA REPORT Meeting Date:October 6, 2025 Meeting Type: Charter Commission Submitted By:Melissa Moore, Assistant City Manager/City Clerk Title Chapters 5 Review Background The Commission began reviewing Chapter 5 of the City Charter in 2024. Attached to this report is the staff sent the attached draft to the City Attorney for a secondary legal review. Legal review The City Attorney offered an additional revision to Section 5.02 in the third bullet. They recommend thethird bullet be revised to say: Recall any elected city officer and remove such officer from office by vote of the electorate of the City.This suggested revision is for clarification. how the Commission came to their recommendation of changing the threshold for initiatives and referendums. As a follow-up Mayor Ostwald mailed the attached letter to the Commission for its consideration. At its May meeting some on the Commission suggested a sub-committee meetand ering the threshold to demonstrate the thoughtful deliberation that has taken place.at the May meeting, Aprilwas the firsttimethe Council had been informed of the proposed change to the threshold, thus they are asking for the context surrounding the proposed change. At the September meeting Commissioner Linton surveyed the Commission for personal opinions of agenda Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 45 Jufn!8/ Recommendation Staff recommend the Commission review the drafted revisions to Chapter 5. Staff recommend the acting Chair appoint a sub-committee of less than a quorum to work on a reply to the City Council. Attachments and Other Resources Chapter 5 in ordinance format Mayor Ostwald letter Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 46 Jufn!8/ Ordinance No. XXXX Amending the Initiative, Referendum and Recall Chapter of the Fridley City Charter The Fridley City Charter Commission has completed its review of the Fridley City Charter Chapter 5and has recommended an amendment of the City Charter by Ordinance to the City Council on \[date\]. 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 5. Initiative, Referendum and Recall Section 5.01 Definitions Circulator: a person who presents a petition to others for signature. (City) local constitution. Committee: A group of at least five registered voters who sponsora proposed initiative. Electorate:All people in the City who are entitled to vote in an election. Initiative:A proposed law or Charter amendment to be placed before the Electorateduring a special or General Election. Malfeasance: An illegal act by an elected officialperformed in their official capacity. Nonfeasance: Neglect or refusal to perform official duties. Ordinance:City law enacted by the Fridley City Council (Council). Petitioner: a person who initiatesa petition. Recall: A proposed initiative that seeks to remove any elected officer of the City. Referendum:A proposed initiative thatseekstoprevent an existing law or Charter amendment from taking effect. Registered Voter:An eligible voterwho complies with voting registration procedures and requirements as established by State law. Section 5.01.5.02 Powers Reserved by the People 47 Jufn!8/ Thepeople of the City of Fridley reserve to themselves the power, in accordance with the provisions of this Charter, to initiateandadopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes; to require any ordinance when passed by the Council to be referred to the electorate for approval or disapproval; and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectively.) In accordance with the provisions of the Charter, the people of the City reserve the power to: Initiate a petition to adopt an ordinance (except an ordinance appropriating money or authorizing the levy of taxes) to be voted on by the electorate; Require an ordinance when passed by the Council to be referred (referendum) to the electorate for approval or disapproval; and Recall any elected officer of the City. A petition for an initiative, referendum or recall may be submitted, signed and circulated upon the grounds authorized by State law and the Constitution of the State of Minnesota. Section 5.02. Expenditures by Petitioners No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, monetary or otherwise, for service rendered in connection with the circulation thereof. This shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed $200 for stationery, copying, printing, and notaries' fees. A sworn statement substantiating such expenses shall be turned over to the City Clerk within five (5) days following the filing of a sufficient petition. Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section shall be reported by the City Clerk to the proper authorities for prosecution under State Statutes applying thereto. Section 5.03 Initiative, Referendum and Recall Further Regulations 1. No rewards, monetary or otherwise, may be accepted by: Any person who is a member of an initiative, referendum or recall committee; Any person who circulates a petition for initiative, referendum or recall; or Any person who signs a petition for initiative, referendum or recall. 2. Committees for an initiative, referendum or recall may pay for legal adviceand incur related committee expenses not to exceed $1,000. A sworn statement substantiating such expenses mustbe turned over to the City Clerk within fivebusinessdays following the filing of a sufficient petition. Any violation of the provisions of this Section is a misdemeanor.Any violation of this Section must be reported by the City Clerk to the proper authorities pursuant to State law. 48 Jufn!8/ 1.3.A lawful petition under this Chartermay be submitted, signed and circulated upon an ordinance to be initiated, or upon an ordinance to be made the subject of a referendum or on a proceeding for recall upon the grounds authorized by law and required by the Constitution of the State of Minnesota. Reasons stated inforthe proposed petition are to be stated and noted in the petition itself. A petition for any other purpose may be made in accordance with procedures established by this Charter or under provisions of State lawas may be elsewhere provided. 2.4.A petition under this Charter shallfor an initiative, referendum or recall mustbe filed in with the office of the City Clerk as one (1) instrument, which instrument shall and contain any all required documents (appropriate to the petition), a copy of any ordinance proposed, covered or affected,and all the supportingsignature papers and affidavitsattached in support of the same. 3.5.A petition shall for an initiative, referendum or recall mustbe circulated by a registered voter of the City. A valid petition shall mayonlybe signed by registered voters of the City. All the signatures on any petition need not be on one (1) signature paper. The circulator of the petition shall mustbe certified as the circulator of the petition by an attached notarized affidavit which states: (1)that the circulator has signed the petition; (2)that each signature was signed in the circulator's presence; (3)the signature is from the person who signed the petition in front of the circulator; and (4)that each signer affirmed they were a registered voter at the residence stated thereonindicated on the petition. Any signature paperpetitionlacking the notarized affidavit shall beisvoid. If voidvoided, the signatures on that paper shall maynot be used in the calculation of the signatures needed to fulfill the petition requirement. 4.6.The insufficiency or irregularity of a petition shall maynot prejudice the filing of any new petition for the same purpose, nor shall it prevent the Council from referring any ordinance proposed to the electorate at the next regular or special electionspecial or General Election, or otherwise acting favorably upon the same. 5.7.The Council may provide by ordinance such anyfurther regulations for the aninitiative, referendum, andorrecall not inconsistent with this Charteras it deems necessary. 6.8.The City Clerk, upon receipt of documented information that any signature on any petition paper has been falsely attested to, shall promptly forward such information to the proper authority for prosecution under State Statutes applying thereto. If the City Clerk finds that any documented information or signature on any petition for an initiative, referendum or recall has been falsely attested to,the City Clerkmust promptly forward such information to the proper authorities pursuant to State law. 49 Jufn!8/ 9. The City Clerk mustprovide to a committee membercirculating a petition for an initiative, referendum or recall, written instructions delineating the correct and proper procedure for circulating the petition. INITIATIVE Section 5.04 Initiation of MeasuresInitiative Petitions Any five (5) registered voters may form a committee for the initiation of any ordinance as provided in Section 5.03.015.02. Before circulating any petition the committee shall mustfile a copy of the proposed ordinance with the City Clerk along with the names and addresses of members of said committee. The committee shall mustattach a verified copy of the proposed ordinance to each of the signature papersherein described,along with their names and addresses as sponsors thereofof the petition. A verified copy of the proposed ordinance shall be a copy to which the City Clerk affixes the words: "Proposed Ordinance on File. Fridley City Clerk:_____ Date:_____"A verified copy of the initiative Section 5.05 Form of Initiative Petitionsand of Signature Papers The completed petitionfor the adoption of any ordinance not yet in effect,shall mustconsist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be Petitions are not complete unless signed by at least fifteen percent (15%)of the total number of votes cast at inthe last state general electionPresidential Election in the City. Each signature paper shall pagemustbe in substantially the following form: INITIATIVE PETITION Proposing an ordinance to __________________ (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of registered voters: Name (Please Print)Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate 50 Jufn!8/ for their approval. Name (Please Print)Birth YearAddress (Please Print)Signature At the end of each group of signaturespapers shall be appendedmust bethe affidavit of the circulator mentioned detailedin Section 5.03.03. Section 5.06 Filing of Initiative Petitionsand Action Thereon Within ten (10)businessdays after the filing of the completed petition, the City Clerk shall ascertain by examination will determine if the number of signatures appended theretosubmittedand whether thisnumber is at least fifteen percent (15%)of the total number of votes cast at the last state general electionGeneral ElectionPresidential Electionin the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall mustat once notify one (1) or more members of the petition committee of that fact, stating the reasons for the insufficiency or irregularity. The committee shall willthen be given ten (10)business days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk.The calculation of the ten business days begins on the date the letter is postmarkedreceived by the City Clerk. The City Clerk shall havehasfive (5) business days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall must be filed in the City Clerk's office with the City Clerk and no further action shall willbe taken. The City Clerk shall mustnotify one (1) or more members of the petition committee of that fact. Section 5.07 Action of the Council on Sufficient Initiative Petitions A.Completed Petition With Signatures Under 25% When the completed petition is found to be sufficient, with the number of signers of the petition not less than fifteen percent (15%) and less than twenty-five percent (25%) of the total votes cast at the last state general election, the City Clerk shall transmit the initiative petition to the Council at itsnext meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute. The Council shall at once read the ordinance and shall thereupon provide for a public hearing upon the ordinance. After holding the public hearing, the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council passes the ordinance as submitted, the ordinance shall become effective and need not be submitted to the electorate. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in thepetitionand unsatisfactory to a majority of the petition committee, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election. B.Completed Petition With Signatures of 25% or More 51 Jufn!8/ When the completed petition is found to be sufficient with the number of signers of the petition equal to at least twenty-five percent (25%) or more of the total votes cast at the last state general election, the City Clerk shall transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute. The Council shall at once read the ordinance and shall thereupon provide for a public hearing upon the ordinance. After holding the public hearing, the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council passes the ordinance as submitted, the ordinance shall become effective and need not be submitted to the electorate. If the Council fails to pass the proposed ordinance or passes it in a form different from that set forth in the petition, the Council shall call for an election and place the question on the ballot. If the petition is submitted by July 1st of an even year, the question shall be placed on the next regular municipal election ballot. If the petition is submitted after July 1st of an even year or during an odd year, the Council shall call for a special election subject to Minnesota Election Law. 1. Generally. When the completed petition is found to be sufficient the City Clerk must transmit the initiative petition to the Council at its next meeting. The notification to the Council must include the number of petitioners and the percentage of the total number of votes cast in the previous Presidential Election. The Council must read the ordinance and call for a public hearing regarding the ordinance. After holding the public hearing, the ordinance must be finally acted upon by the Council no later than 65 calendar days after it was submitted to the Council by the City Clerk. If the Council passes the ordinance as submitted the ordinance becomes effective. 2. Signatures between 5-15%. If the Initiative Petition was submitted with the number of signatures between 5-15% of the total number of votes cast in the previous Presidential Election and the Council fails to pass the ordinance or passes it in a form different from that set forth in the petition, the committee-proposed ordinance must be submitted by the Council to the electorate at the next municipal election. 3. Signatures greater than 15%. If the Initiative Petition was submitted with the number of signatures greater than 15% of the total number of votes cast in the previous Presidential Election and the Council fails to pass the ordinance or passes it in a form different from that set forth in the petition beforeJuly 1 of an even year the committee-proposed ordinancemust be placed on the next regular municipal election ballot. If the Council fails to pass the ordinance or passes it in a form different from that set forth in the petition after July 1 of an odd year the Council must call for a special election subject to State law. Section 5.08 Initiative Ballots The ballots used when voting upon such proposed ordinance shall muststate the substance of the ordinance and shall mustgive the electorate the opportunity to vote either "Yes" or "No" on the question of adoption. If a majority of those voting on any such ordinance vote in favor of it, it shall thereupon will become an ordinance of the City. Any number of proposed ordinances may be voted 52 Jufn!8/ upon at inthe same election.; but the voter shall be allowed to vote for or against each separately. If there is more than one proposed ordinance on the ballot in the same election, a voter must be allowed to vote for or against each separately. In the case of inconsistency between two (2) or more initiative ordinances to be approved by the voterselectorate, the ordinances shall will not go into effect until the City Council has had sixty (60)calendar days to resolve the inconsistencies. Section 5.09 Initiation of Charter Amendments The ways toProcedures toinitiate amendments to this Charter are set forth in Minnesota StatutesState law. REFERENDUM Section 5.10 The ReferendumPetitions If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent (15%) of the total votes cast at the last state general election in the City request that any such ordinance be repealed or be submitted to a vote of the electors, the ordinance shall thereby be prevented from going into operation. An ordinance will bevoid if prior to the effective date of theordinance, 5%of the total votes cast at the last PresidentialElectionfile a petition torequest itbe repealed or be submitted to a vote of the electorate. Section 5.11 Form of Referendum Petitions Any five (5) registered voters may form a committee for the purpose of petitioning for a referendum as provided in Section 5.03.01. Before circulating any petition, the committee shall mustfile a copy of the proposed referendum petition and a copy of the ordinance proposed to be repealed with the City Clerk along with the names and addresses of members of said committee. The committee shall mustattach a verified copy of the referendum and the ordinance to be repealed to each of the signature papersherein described, along with their names and addresses as sponsorsthereof. A verified copy of the ordinance proposed to be repealed to the referendum shall mustbe a copy to which the city clerkCity Clerk A referendum petition shall mustread as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: Name (Please Print)Address (Please Print) 1. 2. 53 Jufn!8/ 3. 4. 5. The undersigned registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to the electorate for their approval or disapproval. Name (Please Print)Birth YearAddress (Please Print)Signature At the end of each group of signaturespapers shall be appended the affidavit of the circulator mentioned in Section 5.03.03.Each signature page must have the affidavit of the circulator attached. Section 5.12 Filing of Referendum Petitions 1. Referendum Petition Proposing Repeal of Charter Amendment The requirements for the purposes of petitioning for a referendum repealing a charter amendment are set forth in Minnesota State StatutesState law. 2. Referendum Petition Proposing Repeal of an Ordinance Withinten (10)businessdays after the filing of the completed referendum petition, the City Clerk shall mustascertain by examination the number of signatures appended thereto and whether this thenumber is at least fifteen percent (15%)of the total number of votes cast at the last state general electionPresidentialElectionin the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall mustat once notify one (1) or more members of the petition committee of that fact, stating the reasons for the insufficiency or irregularity. The committee will have shall then be given ten (10)business days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk. The calculation of the ten business days begins on the date the letter is postmarkedreceived by the City Clerk. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall mustbe shall willbe taken,and the ordinance will becomebecomeseffective immediately or on the date specified. The City Clerk shall mustnotify one (1) or more members of the petition committee of that fact. Section 5.13 Referendum Petitions,;Suspension of Effect of Ordinance When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall will be suspended from taking effect. Such suspension shall terminateswhen: 1. There is a final determination of insufficiency of the petition;or 2. the petition;or 54 Jufn!8/ 3. The council Councilrepeals the ordinance; or 4. Upon sevenbusinessdays after canvass of election is completed when a majority of those voting on any such ordinance vote in favor of it. Section 5.14Action of the Council on Sufficient Referendum Petitions If the referendum petition or amended referendum petition is found to be sufficient, the City Clerk shall musttransmit the referendum petition to the Council at the next regular Council meeting. The Council shall thereuponmustreconsider the ordinance and either repeal it or by aye and nay vote re- affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance by beforeAugust 1stof an even year, the question shall mustbe placed on the next regular municipal election ballot. If approved afterthe Council votes to reaffirm the ordinance afterAugust 1stof an even year, the Council shall mustimmediately order a special election to be held subject to Minnesota Election LawState law. Section 5.15 Referendum Ballots The ballots used in any referendum election shall mustconform to the rules laid down in Section 5.08 of this Charter for initiative ballots. RECALL Section 5.16 The RecallPetitions Any five (5) registered voters may form a committee for the purpose of bringing about the recall of any elected officer of the City as provided in Section 5.03.01. Before circulating any petition, the committee shallmustfile with the City Clerk a copy of a statement naming the elected officer whose removal is sought, a statement of the grounds for removal in less thannot more than two hundred fifty (250)words,and their intention to bring about the recall with their names and addresses as members of said the circulatingcommittee. The statement of grounds for removal of the elected officer must identify malfeasance or nonfeasance of conduct in the officer's performance of official duties. Malfeasance constitutes an illegal or harmful act which an elected official should not perform in an official capacity. Nonfeasance is the neglect or refusal to perform official duties. The committee shall mustalso attach a verified copy of said statement to each of the signature papersherein described, together with their names and addresses as sponsorsthereof. A verified copy of said statement shall mustbe a copy to which the city clerk shallCity Clerk mustaffix the following words: "Proposed Recall Statement on File. Fridley City Clerk (Attest): ______ Date:_____. Section 5.17 Form of Recall Petitions The petition for the recall ofRecall petitions forany elected official shall mustconsist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petitionsshall not be considered to be are not complete unless signed by at least twenty five percent (25%)of the total number of votes cast in the last state 55 Jufn!8/ general election PresidentialElection in the Ward or City represented by the office holder. Each signature paper shall mustbe in substantially the following form: RECALL PETITION Proposing the recall of _______________________ from office as___________________ which recall is sought for the reasons set forth in the attached statement. This movement is sponsored by the following committee of registered voters: NameAddress 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the charges against the officer herein sought to be recalled, desire the holding of a recall election for that purpose. NameBirth YearAddressSignature At the end of each group of signaturespapers shall mustbe appended attachedthe affidavit of the circulator mentioned in Section 5.03.03. Section 5.18 Filing of Recall Petitions Within thirty (30)business days after the filing of the original proposed petition, the committee shall mustfile the completed petition in the Office ofwiththe City Clerk. The City Clerk shall mustexamine the petition within the next ten (10)businessdays., and if If the City Clerk finds it the petitionirregular, or finds that the number of signers is less than twenty-five percent (25%)of the total number of votes cast at the last state general electionPresidentialElectionin the Ward or City represented by the office holder, the City Clerk shall mustat once notify one(1)or more members of the petition committee advising the reasons for the insufficiency or irregularity. The committee shall then be givenhasten (10)businessdays in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of the grounds upon which the recall is sought.The calculation of the ten 10business days begins on the date the letter is postmarkedreceived by the City Clerk. The City Clerk shall havehasfive (5) business days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that time the City Clerk finds the petition still insufficient or irregular, the City Clerk must notify at least one (1) or more of the membersof the recall petition committeeshall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall will be takenthereon. Section 5.19 Recall ElectionProcedure 56 Jufn!8/ If the petition or amended petition is found sufficient, the City Clerk shall musttransmit it to the Council without delay,and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of a special recall election subject to Minnesota Election Law.At its next regularly scheduled meeting, the Council must call for a special election, pursuant to State law. Section. 5.20. Procedure at Recall Election The Clerk shall include with the published notice of the election the statement of the grounds for the recall andalso, in not more than five hundred (500)words, the answer of the elected officer concerned in justification of his/herconduct in office. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted, as far as possible, in accordancewith the usual procedure in municipal elections. The City Clerk must post notice of the electionincluding grounds for the recallpetition and response of the elected officer concerned. Candidates to succeed the officer to be recalled may be nominated inthe usual way and an election must be conducted in accordance with State law. Section 5.21.5.20 Form of Recall Ballot 1. If the officer sought to be recalled resigns within ten (10)businessdays after the receipt by the Council of the completed recall petition, the Council shall mustdeclare the office vacant and shall then fill the vacancy for the unexpired term in accordance with the City Charter, Section 2.06. 2.If the officer sought to be recalled does not resign within ten (10)businessdays after the receipt by the Council of the completed recall petition, the question to be placed on the ballot at the recall election referenced in Section 5.19 of the Charter shallmustbe: "Shall __________ be recalled?", the name of the officer whose recall is sought being inserted in the blank, and those Those voting shall mustbe permitted to vote "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall (a majority voting shall mustbe promptly removed from office. The Council shall mustthen fill the vacancy for the unexpired term in accordance with the City Charter, Section 2.06. If a majo the officer shall willcontinue in office with no further action required. Section 5.22. Instructions to Petitioners The City Clerk shall provide to every person circulating a petition for the initiation of an ordinance, for the initiation of Charter amendments, for a referendum, or for the recall of an elected official, written instructions delineating the correct and proper procedure for circulating the petition. The instructions provided will clearly define falsification of a signature and false attestation of a signature and will cite those ordinances, laws, or statutes relating to such acts. 57 Jufn!8/ Passed and adopted by the City Council of the City of Fridleyon this xx day of \[month\], 2025. ______________________________________ Dave Ostwald-Mayor ______________________________________ Melissa Moore -City Clerk Public Hearing: First Reading: Second Reading: Publication: 58 Jufn!8/ Memorandum Date:April 8, 2025 To:Fridley Charter Commission CC:Fridley City Council, Wally Wysopal, Melissa Moore, Beth Kondrick From:Dave Ostwald, Mayor Re:Thank you Dear Chair Johnson and Charter Commission members, Thank you for last night’s joint meeting. The Council and I were most pleased by your invitation and appreciative of your warm welcome. I continue to find the Commissioners to be a wonderful group of very dedicated citizens who take the responsibility for guardianship of the Charter seriously. As Mayor I applaud your dedication to its purposes and appreciate the commitment of time to the cause. I hope that my Council colleagues and I were able to contribute positively to your mission by providing helpful insights into City priorities and by providing updates on important projects.Likewise, I appreciated learning more about your personal backgrounds and Commission priorities, including potential by-law changes and updates to Chapter Five of the Charter. Regarding the latter, you have done a lot of good work over many months. I offer that further dialogue may be in order for the City Council to better understand the purposes for considering the threshold limitation changes for citizen lead initiatives. As Commissioner Reynolds mentioned, Chapter Five is one of the most essential chapters of the Charter. Therefore, I ask for more opportunities to understand its impact prior to considering a final recommendation by the Commission. Thank you again for your dedication and commitment to the City of Fridley. I look forward to hearing back from you. Sincerely, David Ostwald, Mayor 59 Jufn!8/ 60 Jufn!8/ 61 Jufn!8/ 62 Jufn!8/ 63 Jufn!8/ 64 Jufn!8/ 65 Jufn!9/ AGENDA REPORT Meeting Date:October 6, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Future Meeting Topics Background Future meeting topicsrequested by commissioners: Candidate Interview Process Proposed Charter language regarding who is (in)eligible to serve on the commission, specifically section 2.013 of Chapter 2 Selection of next Chapter for review Commission Onboarding Manual Chapter 5 Meeting Schedule Cadance Chapter 6 Recommendation None. Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 66 Jufn!9/ 67