1991-05-22 AgendaTO: RICHFIELD CHARTER COMMISSION MEMBERS
FROM: BOB DOEBLER
DATE: MAY 22, 199 i
There ~iil be a meeting of the Richfield Charter Commission on
~ednsday May 2 2 at 7:30 P.M. in conference rim ~ 1 at the
Richfield City Hall.
This meeting has been called at the request of several of the
Charter commission members to consider the question of having
elections in ~tard 1 and ward 3. ~e will also hope to reveiw the
input from each of you for the methyl of transision when a
Council Member resigns or leaves office for any reason before his
or her term ends.
Be sure you call me if you are not able to attend this meeting at
869-0~3~.
~+~ wN~Cb'J
Bob Doebier
President
Richfield Charter Commission.
CITY OF RICHFIELD, MINNESOTA
^, Office of City Manager
May 24, 1991
Council Memorandum No. 59
The Honorable Mayor
and
Members of the City Council
City of Richfield
Subject: Charter Commission Meeting and Correspondence
Council Members:
A special meeting of the Charter Commission was held on May 22.
The meeting was called by a petition•of five members of the
Commission. The purpose of the meeting was to discuss the
schedule for election to fill the Council seats of appointed
Council Members.
Bob Doebler, Chair of the Commission, asked John Dean for
clarification regarding the election process. A copy of the
correspondence to Mr. Doebler clarifying this issue is provided.
Mr. Doebler reported that the Charter Commission accepted the
opinion of the City Attorney at their May 22 meeting. Mr.
r- Doebler also reported that the Commission did vote to recommend
~-- that the Council direct the City Attorney to seek a clarification
from the Attorney General's office on the requirements for
election of appointed Council Members and their terms of office.
The formal request will be forwarded to the Council upon receipt.
If any Council Members have any questions on this matter, .please
contact Bob Doebler or me.
ly submitted,
Jamey/~. Prosser
Cit anager
JDP:ds
t~
.~,~;
Mys ~I I,aw
.)BERT A. ALSOP
' UI. O. BAERTSCIH
~NAI.D 11. BATTY
~4,~IARY J. BRENDEN
STEPIIEN J. B(1BUI.
ROBERT C. CARISUN
CIIRISTINE M. CIIALE
JOIIN B. DEAN
MARY G. DOBBINS
JEFFREY ENG
STEFANIE N. GAI.F.Y
DAVID L. GRAVEN
CORRINE A. HF.INE
JAMES S. HOI.MES
DAVID J. KENNEDY
JUIIN R. CARSON
WELLINGTON H. LAW
HOLMES & GRAVEN
CHARTERED
' ~
170 Pillsbury Center, Minneapolis, M1linnesou SS402
(612) 337-9300 JUI.IF. A. I,AWI.F.R
CHARLES 1,. I,F.FF.VERF.
Facsimile (612) 337-9310 JOIIN M. I,EFF.VRF., JR.
ROBERT J. I,INDALL
~ LAURA K. MOLI.ET
DANIEL R. NELSON
BARBARAL.PORTWOOD
WRITER'S DIRECT DIAL MARY FRANCESSKALA
JAMES M. STROMMEN
STEVEN M.TALLEN
JAAIF.S J. TIIOAISUN, JR.
337-9207 LARRY Ai. >YI:RIIIF.IM
BONNIE. 1.. 1SILKINS
of r'nUNSF.t.
ROBERT 1.. DAVIOSON
JOHN G. HDESCIILER
May 20, 1991
Mr. Robert Doebler
Chair, Richfield Charter Commission
6700 Portland Ave. S.
Richfield, MN 55423
Re: Appointment Following Council Member Resignation
Dear Bob: -'
~_ On December 1, 1990, the Council declared a council vacancy for the Third Ward based
upon the .resignation of Edwina Garcia, resulting from her election to the Minnesota House
of Representatives. On or about January 2, 1991, a vacancy was declared for the First
Ward upon resignation of Martin Kirsch, resulting from his election to the position of
Mayor of Richfield. In both instances, the Council has appointed individuals to fill the
vacancies.
Based upon the foregoing facts, you have asked whether the Council should have followed
the procedure provided for in Section 5.20 of the Charter. The answer is no.
Section 5.20 of the Charter deals with the sitLation in which a resignation. hrs been made
after a recall petition for that position has been filed. No recall petition had been filed
with respect to either the Ward One or Ward Three council position. Consequently, the
provisions of Section 5.20 are simply not applicable.
The appointments were made in accordance with the provisions of Section 2.05 of the
Charter. This section is the provision of the Charter which is applicable to both of the
resignations described above.
Respectfully yours,
~j ,
n B. Dean
JBD:rsr
~. RC160-001