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Ms. Geargiana Sabola <br />October 15, 20a4 <br />Page 3 of 3 <br />party opposing the discharge. On the other hand, if the Commission chooses not to discharge itself or <br />to even bring a resolution to discharge itself, a person could challenge that decision. The person <br />bringing the challenge could either bring a declaratory judgment action to declare his or her r�ghts <br />under the statute or a Writ of Mandamus or Prohibition arguing that the Commission is not fulfilling its <br />legal obligations. A successful challenge is unlikely regardless of the decision made by the <br />Commission because section 410.05 subd. 5, specifically desigr�ates the Commission as the body to <br />determine whether a charter is necessary or desirabie and gives only the Commission the authority to <br />dissolve by a three-fourths vote. A record of the reasons for the Commission decision will strengthen <br />its position in the event of any challenge. Furthermore, the Commission has a legally defensible <br />position for following the discharge procedures under. <br />�ven if the challenger did prevail, the question then becomes what are the individual's <br />damages? Based on the facts provided, it is nat foreseeable that there would be any monetary damages <br />against either the City or the Commissioners. A challenge wauid instead result in the Commission <br />being required to follow the Cou.rt's interpretation of the law tegarding discharge. Therefore, the City <br />and Commissioners' passible exposure to monetary damages would be negligible. Furthermore, the <br />City and Commissioners rnay also have immunity defenses that would insulate them against suit and <br />any possible monetary damages. <br />III. Le�islative Action <br />�� In order to dissolve the Charter Commission in any other manner other than that prescribed in <br />-w MInn. Stat. § 410.05 subd. 5 would requ�re an amendment to Minnesota Statutes Chapter 410_ <br />CONCLUSION <br />There is nothing precluding the Cominission fram proposing a resolution to discharge itself. <br />However, in order to discharge itself under the statute, it must determinc that a Charter is not desirable <br />or necessary and three-faurths of its members must vote #o discharge the Comrnission. <br />Very trul yours, <br />� � �� <br />Jay uires <br />Jennifer L. Wolf <br />cc: Neal Beets, City Manager <br />JLW/jlw <br />RRM: 65617 <br />