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JANUARY 2401 <br />TO: ROSEVILLE CHARTER COMMISSION MEMBERS <br />FROM: AL SANDS (651-633-5761Hoixte, 651-489-1393 Work) <br />RE: JANUARY 17TH MEETING; IIVITTATIVE, REFERENDUM, RECALL <br />Here are my recommendations for chapter 5 on �initiative, referendum and reca]I. <br />They are based on the LMC model, as amended by underlined additions or struck out <br />deletions. <br />"Recall" is alive and well based on our May 2000 survey {enclosed). However, <br />because of legal considerations, I suggest we just include a xeference to existing state law <br />which requires a showing of malfeasance or nonfeasance in office. Tfiis would follow <br />the Ramsey County example and is merely to make mention tha� such a legal privilege <br />e�cists in current state law. <br />1 further suggest that the percentages needed for initiative, referendum, and recali <br />be 10, 15, and 25°/a respectively, following the pattem of prevailing practices as shown <br />by our survey last spring. (The LMC model that suggests a flat 20% is over 20 years old, <br />and would severely limit and discourage the use of initiative and referendum.) <br />Yn sec. S.Q3 I would like to provide a ineans for petitioners to obtan� the city <br />attart�ey's opinion on the legality of the proposed petition before they spend their time <br />and money promoting it. <br />In sec. 5.08 I would like to pernut the city council other means of gauging public <br />sentitnent on a particular controversial issue that would be non-binding on them. There <br />are many ways this could be done, subject only to their imagination. <br />We also need to go back to sec. 3.04 and 'uadicate specifically what acts of the <br />council shall be by ordinance and therefore subject to initiative and referendum. I am <br />enclasing my list together witl� cross reference to the Ramsey Cau�ty and National <br />League modeL�. <br />Call if you have any questions or wish to discuss these matters before mee#ing. <br />