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2001_0815_packet
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2001_0815_packet
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permanent and uniform rule of law. Adminisfrative acfions, even <br />though they are sometimes done by ardinance, are those of a <br />temporary and specia� character; they merely carry out exisfing la��s <br />and relate to tl�e daily administration of municipal affairs. <br />Administrative actions may not be the subject of initiative and <br />referendutt�. See my comments Iater in this report at §§ b.03, 12.a5 <br />and 12.Qb �ar exa�oaples of administrative actions, which are carried <br />out by ordinance, which would not be sub,�ect to initiative and <br />referendum. <br />6.01 State law, M. S. § 415.16 provides that no statutory or hame rule <br />charter city shail require that a person be a resident of the ci#y as a <br />condition of employment. In the second sentence of this provision, <br />the words "only with the approval of the council" should be deietcd. <br />6.fl2, 5ubd. 2 To require a cety official to do something may remove the defense a� <br />discretionary immuniEy in case the perso� �ails to do it and someone <br />is da�maged. I suggest adding after "shall" the words "have the <br />authority to". In this way, the charter is emparvering #he manager to <br />see that the charter and the iaws, ordinances, and resolutions of the <br />city are enforced, rather t}�an reqniring the manager to do so. <br />6.03 These ordinances esiablishing or abolishing cify departmeuts, �ffices <br />and ageneies, ete. are the type ai administrative ordinances, which <br />wouid not be subject to initiative and referendum. See my nate above <br />to 5.02. <br />6.04 The inaxim,u�on a�mount of a contratt the city manager can enter into <br />to purck�ase something is left biank. Under the city's current form af <br />government, the amount established by law is "$15,000 unless a <br />Iower limit is set by council; but all claims resulting therefrom shall <br />be audited and approved by the council...". I suggest that the co�tncil <br />should set this amount because inflatipn will affect any amount set by <br />charter. Thus, the doliar amoun� in the draft charter sho�id be <br />deleted and "an amount established by the council; but alI c�aims <br />resulting thereirom shalI be audited and approved by the council" bc <br />inserted. <br />7.05 The "Truth in Tagation" la�v, M. S. § 275.065, gov�rns when the ci�y <br />must finaIize its bndget ar�d make its tax Ievy. Requiring in the <br />charter that the council begin considering the budget, adopt the <br />budget and make the tax levy by certain dates is unnecessaty. <br />For this reason #he foilqwing changes should be made: <br />I su est deletin the first sentene� (or chan 'ng Au�ust back to <br />
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