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JANUARY 20, 2007, POSITION PAPER BY AL SANDS: <br />DIFFERENT WAYS TO GET A CHARTER COMMISSION APPOINTED <br />(MINNESOTA 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 jud e of the <br />district (Ramsev Co court may appoint a charter commission to frame and amend a <br />charter. <br />2. A city council may reauest 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 />regulaz election, and the court SHALL appoint a charter commission. <br /> <br />4. There was a flaw in charter commission appointments made in October 2005: <br />In the fall of 2005, Ramsey County Chief Judge Gregg Johnson failed to appoint new <br />members within 30 days as prescribed by statute. There is no evidence in writing at city <br />hall that he notified the City he intended to appoint within the additional 60 days allowed <br />by statute. (Minnesota Statute 401.05, subd. 2) <br />In my opinion: <br />Accordingly, I conclude Chief Judge Gregg Johnson failed to appoint the five new <br />members of the charter commission in September 2005 according to statute, and that any <br />actions taken by this currently composed charter commission are without legal effect. <br />Any future City Council has the legal right to appoint new charter commissioners 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 /> <br />