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JANUARY 10, 2007, POSITION PAPER BY AL SANDS: <br />DIFFERENT WAYS TO GET A CHARTER COMMISSION APPOINTED <br />NIINNESOTA STATUTES 410.05 CHARTER COMMISSION <br />Subdivision 1. <br />1. When he believes it is in the best interest of the city so to do, the chief judge of the <br />district (Ramsey Co.) court may appoint a charter commission to frame and amend a <br />charter. <br />2. A city council may request the Court to appoint a charter commission, and the Court <br />SHALL appoint. <br />3. Citizens may present a petition of at least 10% of the voters voting in the last city <br />regular election, and the court SHALL appoint a charter commission. <br />Subdivision 2. <br />...upon the expiration of each term, the chief judge SHALL appoint new commission <br />members. Our expiration date is August 31. <br />...If the chief judge fails to appoint new commission members within thirty days, the <br />governing body of the city shall appoint new members, unless within the 30 day period, <br />the judge indicates in writing an intention to appoint new members, in which case the <br />chief judge shall have an additiona160 days to appoint. <br />In the fall of 2005, Ramsey County Chief Judge Gregg Johnson failed to appoint new <br />members within 3 0 days. <br />There is no evidence in writing at city hall that he notified the City he intended to appoint <br />within the additiona160 days allowed by statute. <br />Accordingly, I conclude Chief Judge Gregg Johnson failed to appoint new members of <br />the charter commission in September 2005 according to statute, and that any actions <br />taken by this currently composed charter commission are without legal effect. <br />In my opinion: <br />Any future City Council has the legal right to appoint a charter commission without <br />Court action. <br />Any future attempts to create a charter commission should be made aware of this <br />situation for their review and consideration as to how to proceed. <br />