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2001 Communication on Charter Commission
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2001 Communication on Charter Commission
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permanent and uniform rule of law. Administrative actions, even <br /> though they are sometimes done by ordinance, are those of a <br /> temporary and special character; they merely carry out existing laws <br /> and relate to the daily administration of municipal affairs. <br /> Administrative actions may not be the subject of initiative and <br /> referendum. See my comments later in this report at §§ 6.03, 12.05 <br /> and 12.06 for examples of administrative actions, which are carried <br /> out by ordinance, which would not be subject to initiative and <br /> referendum. <br />6.01 State law, M. S. § 415.16 provides that no statutory or home rule <br /> charter city shall require that a person be a resident of the city 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 deleted. <br />6.02, Subd. 2 To require a city official to do something may remove the defense of <br /> discretionary immunity in case the person fails to do it and someone <br /> is damaged. I suggest adding after "shall" the words "have the <br /> authority to". In this way, the charter is empowering the manager to <br /> see that the charter and the laws, ordinances, and resolutions of the <br /> city are enforced, rather than requiring the manager to do so. <br />6.03 These ordinances establishing or abolishing city departments, offices <br /> and agencies, etc. are the type of administrative ordinances, which <br /> would not be subject to initiative and referendum. See my note above <br /> to 5.02. <br />6.04 The maximum amount of a contract the city manager can enter into <br /> to purchase something is left blank. Under the city's current form of <br /> government, the amount established by law is "$15,000 unless a <br /> lower limit is set by council; but all claims resulting therefrom shall <br /> be audited and approved by the council...". I suggest that the council <br /> should set this amount because inflation will affect any amount set by <br /> charter. Thus, the dollar amount in the draft charter should be <br /> deleted and "an amount established by the council; but all claims <br /> resulting therefrom shall be audited and approved by the council" be <br /> inserted. <br />7.06 The "Truth in Taxation" law, M. S. § 275.065, governs when the city <br /> must finalize its budget and make its tax levy. 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 unnecessary. <br /> For this reason the following changes should be made: <br /> I su est deletin -the first sentence or chan in Au ust back to <br />
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