2004 Communication on Charter Commission

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Ms. Georgians Sobola October 15, 2004 Page 3 of 3 party opposing the discharge. On the other hand, if the Commission chooses not to discharge itself or to even bring a resolution to discharge itself, a person could challenge that decision. The person bringing the challenge could either bring a declaratory judgment action to declare his or her rights under the statute or a Writ of Mandamus or Prohibition arguing that the Commission is not fulfilling its legal obligations. A successful challenge is unlikely regardless of the decision made by the Commission because section 410.05 subd. 5, specifically designates the Commission as the body to determine whether a charter is necessary or desirable and gives only the Commission the authority to dissolve by athree-fourths vote. A record of the reasons for the Commission decision will strengthen its position in the event of any challenge. Furthermore, the Commission has a legally defensible position for following the discharge procedures under. Even if the challenger did prevail, the question then becomes what are the individual's damages? Based on the facts provided, it is not foreseeable that there would be any monetary damages against either the City or the Commissioners. A challenge would instead result in the Commission being required to follow the Court's interpretation of the law regarding discharge. Therefore, the City and Commissioners' possible exposure to monetary damages would be negligible. Furthermore, the City and Commissioners may also have immunity defenses that would insulate them against suit and any possible monetary damages. III. Legislative Action In order to dissolve the Charter Commission in any other manner other than that prescribed in MInn. Stat. § 410.05 subd. 5 would require an amendment to Minnesota Statutes Chapter 410. CONCLUSION There is nothing precluding the Commission from proposing a resolution to discharge itself. However, in order to discharge itself under the statute, it must determine that a Charter is not desirable or necessary and three-fourths of its members must vote to discharge the Commission. Very trul yours, ~. f Ja Yuires Y Jennifer L. Wolf cc: Neal Beets, City Manager JLW/jlw RRM: 68617