2004 Communication on Charter Commission

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RATWIK, ROSZAK & MALONEY, P.A. Attorneys at Law Paul C. Ratwik John M. Roszak Patricia A. Maloney* Terrence J. Foy* Stephen G. Andersen** Scott T. Anderson Kevin J. Rupp Jay T. Squires*t Ann R. Goering Nancy E. Blumstein* Joseph J. Langel Michael J. Waldspurger* Margaret A. Skelton Amy E. Mace Isaac Kaufman 300 U.S. Trust Building 730 Second Avenue South Minneapolis, Minnesota 55402 (612) 339-0060 Fax (612) 339-0038 www.ratwiklaw.com * Also admitted in Wisconsin ** Civil Trial Specialist Certified by the Minnesota State Bar Association t Real Property La~v Specialist Certified by the Minnesota State Bar Association Eric J. Quiring Stacey L. Wilson Eric L. Hedtke Kimberley K. Sobieck Sonya J. Guggemos Jennifer L. Wolf Dawit Haile October 1 S, 2004 Georgiana Sobola Charter Commission Chair 2660 Civic Center Drive Roseville, MN 55113 RE: Dissolution of the Charter Commission Our File No. 4002(1)-0143 Dear Ms. Sobola: FACTS The Roseville Charter Commission ("Commission") was organized on September 22, 1999, pursuant to the procedures delineated in Minn. Stat. § 410.05. The Commission drafted a charter, which was rejected by the citizens of Roseville in 2001. In 2002, a revised charter was also rejected by the citizens of Roseville. It is our understanding that following the rejection of the charters, an assumption existed among some of the voters of the City that either the Commission no longer existed, or that it should no longer exist. In fact, the State Senator for the area encouraged the Commission to dissolve. Based on these facts you raise the following: ISSUES (1) What are the statutory requirements to dissolve a charter commission? (2) If the Commission dissolves under Section 410.05 subd. 5 what are the possibilities of a challenge? (3) What might be the possible consequences to the City and to the individual commissioners in the event of a challenge?