CR 94-158 Term Limit Initiative Petition
"
,
September 2, 1994 ~ Council Report 94-158
e
TERM LIMIT INITIATIVE PETITION
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council accept the initiative petition and refer the matter to the City Attorney.
Overview
A petition with over 500 signatures was received on August 24 regarding establishing term limits
for City Councilmembers. The petition has been reviewed and found to contain the signatures of
at least 310 registered voters. This is over 15% of the total number of votes cast at the last
regular municipal election. Staff has discovered that this petition is identical to petitions that have
been submitted in other cities throughout the state. This, of course, does not make the petition
invalid.
There are questions raised concerning this initiative which need to be addressed by the City
Attorney, primarily concerning the ability of cities to establish term limits. Staff is therefore
recommending that this matter be referred to the City Attorney prior to setting any public hearing.
· Primary Issues to Consider
. What are some of the issues raised by this initiative?
. What actions must the Council take?
SupportinQ Information
. Copy of the petition
. Charter language concerning initiative.
-~~-
Sfeven C, Mielke
City Manager
.
,-- --
Analvsis of the Issues
e
· What are some of the issues raised by this initiative?
The petition would limit the Mayor and Council members to eight consecutive years in office, The
petition also contains a resolution requiring the City Clerk to inform state and federal legislators
that it is the desire of the citizens of Hopkins that term limits be enacted by the state legislature
and Congress.
The terms of the Mayor and Councilmembers are set by the City Charter, This petition is not
worded to amend the City Charter. The City Attorney will have to be consulted on whether term
limits can be imposed without amending the City Charter. There is also a question as to whether
cities have the ability to set term limits since cities are created by the state legislature.
The resolution portion of the initiative would seem to be allowable under the City Charter.
· What actions must the Council take?
After the receipt of the petition, the Council is required to read the proposed measure and then
refer it to a committee. The duties of this committee are not set out in the Charter. Presumably
this committee would either discuss the measure and then schedule a public hearing or discuss
the measure at the public hearing.
· Within 65 days after receiving the petition from the City Manager, and assuming that the initiative
is constitutional, the Council must either pass an ordinance which implements the proposal
contained in the petition or schedule an election to allow the voters an opportunity to vote on the
proposal.
Alternatives
1. Refer the matter to the City Attorney. This alternative would allow the City Attorney time to
review the initiative prior to any public hearing.
2. Refer the matter to the City Attorney and set a date for a public hearing, This would limit
the time for the City Attorney to review the initiative. Should the Council wish to set a date
for a public hearing, and assuming that the Council would want to hold the hearing during a
regular Council meeting, the earliest that the Council could schedule the hearing would be
September 20. The latest the Council could schedule a public hearing, and still get the
question on the November 8 ballot, would be October 18.
Staff recommends Alternative #1 .
.
INITIATIVE PETITION
. Proposing an ordinance to limit the number of consequetive terms for which a person could file for
the office of Mayor or City Council, a copy of which ordinance is hereto attached. This measure is
sponsored by the following committee of electors:
NAME ADDRESS
L Patrick Schwartz, 9221/2 Mainstreet, No. 1 Hopkins, MN 55343
2. Craig Throne, 20th Avenue South, #102, Hopkins, MN 55J4J
3. Sally Throne, 20th Avenue South, #102, Hopkins, MN 5534 J
4. Jan Allen, 460 5th Avenue North, #126, Hopkins, MN 55343
5. Frank Allen, 460 5th Avenue North. #126. Hopkins. MN S S 141
Section 1. TERM LIMITS. Notwithstanding any other provision of law to the contrary, no person
may file to be a candidate for election to a term that would cause the person to serve more than eight
consecutive years in the office of Mayor or eight consecutive years in the office of City Council.
. Service prior to the passage of this ordinance shall not count in determining length of service.
Section 2. INSTRUCTION. The city clerk is hereby instructed to contact, exactly as he would do if
so instructed by a resolution of the Mayor or City Council, in writing, within 30 days after adoption
of this ordinance, all state legislators and members of the United States Congress who have any
constituents within the city limits and instruct them that it is the resolute desire of the citizens of the
city of Hopkins that term limits be enacted by the legislature of Minnesota and the United States
Congress, and that the maximum consecutive tenure in office be no more than six years (three terms)
in the United States House or Representatives, no more than twelve years (two terms) in the United
States Senate, and no more than ten consecutive years in either the Minnesota State Senate or State
House. The people of the city of Hopkins hereby instruct all state and federal legislators, represent-
ing any part of this city, to individually do their utmost to promote and pass binding legislation or a
constitutional amendment enacting the term limits specified in this section. The instruction and
resolution shall remain in effect for as many years as are required to effect these changes, and shall
so state on its face.
Section 3. SEVERABILITY. If any part of this petition shall be declared unconstitutional by a
court, all others shall remain in full force and effect.
.
INITIATIVE, REFERENDUM AND RECALL
. Section 5.01. POWERS RESERVED BY THE PEOPLE. The people of Hopkins reserve to
themselves the powers, in accordance with the provisions of this Charter, to initiate and adopt
ordinances and resolutions, to require ordinances passed by the Council to be referred to the
electorate for approval or disapproval, and to recall elected public officials. These powers shall be
called the initiative, the referendum and the recall, respectively,
Section 5.02. EXPENDITURES BY PETITIONERS. No member of any initiative referendum or
recall committee, no circular of a signature paper, and no signer of any such paper, or any other
person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection
with the circulation thereof, but this shall not prevent the committee from incurring expenses for
legal advice, stationary, copying, printing, advertising and notaries fees. The committee, at least five
days before the election, shall file with the City Manager a financial statement verified by a member
of the committee, which shall show in itemized detail, all receipts, with the source thereof, and all
disbursements and all obligations to make disbursements. Any violation of the provisions of this
section shall constitute a misdemeanor.
Section 5.03. FURTHER REGULATIONS. The Council may as soon as possible after the
organization of City government under this Charter provide by ordinance such further regulations for
the initiative, referendum and recall, not inconsistent with this Charter, as may be deemed necessary.
Such ordinance shall include the relevant provisions of this Charter.
. INITIATIVE
Section 5.04. INITIATION OF MEASURES, Any five voters may form themselves into a
committee for the initiation of any measure of public general city-wide concern.
After formulating their measure they shall file a verified copy thereof with the City Manager together
with their names and addresses as members of such committee. They shall also attach a verified copy
of the proposed measure to each of the signature papers herein described, together with their names
and addresses as sponsors therefor.
Section 5.05, FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the
adoption of any measure shall consist of the measure, together with all the signature papers and
affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters
equal to at least ten percent of the total number of votes cast at the last preceding regular municipal
election. All the signatures need not be on one signature paper, but the circulator of every such
paper shall make an affidavit that each signature appended to the paper is the genuine signature of
the person whose name it purports to be, Each signature paper shall be in substantially the following
form:
.
- ,-
.
INITIATIVE PETITION
. proposing an ordinance (or resolution, as the case may be) to..............(stating the purpose of
the measure), a copy of which ordinance (or resolution) is hereto attached. This measure is
sponsored by the following committee of electors:
Name Address
1. ....................... ..............................
2. ....................... ........4.....................
3. ....................... ..............................
4. ....................... ..............................
5. ....................... ..............................
The undersigned electors, understanding the terms and the nature of the measure hereto attached,
petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for their
approval.
. Name Address
1. ....................... ..............................
2. ....................... ..............................
3. ....................... ..............................
At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above.
Section 5.06. FILING OF PETITIONS AND ACTION THEREON, All the signature papers shall
be filed in the office of the City Manager as one instrument. Within five days after the filing of the
petition the City Manager shall ascertain by examination the number of voters whose signatures are
appended thereto, and whether this number is at least ten percent of the total number of voters who
cast their votes at the last preceding regular municipal election. If the Manager finds the petition
insufficient or irregular, she or he shall at once notify one or more of the committee of sponsors of
that fact, certifying the reasons for her or his finding, The committee shall then be given 30 days in
which to file additional signature papers and to correct the petition in all other particulars, If at the
end of that period the petition is found to be still insufficient or irregular, the Manager shall file the
same in his or her office and shall notify each member of the committee of that fact. The final finding
of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the
same purpose, nor shall it prevent the Council from referring the measure to the voters at the next
. regular or any special election, at its option.
~ -- - ,
.
Section 5.07. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be
e sufficient, the City Manager shall so certify to the Council at its next meeting, stating the number of
petitioners, and the percentage of the total number of voters which they constitute, and the Council
shall at once read the measure and refer it to an appropriate Council committee, which may be a
committee of the whole. The Council committee or Council shall thereupon provide for public
hearings upon the measure, after the holding of which the measure shall be finally acted upon by the
Council not later than 65 days after the date upon which such measure was submitted to the Council
by the City Manager. If the Council shall fail to pass the proposed measure, or shall pass it in a form
different from that set forth in the petition and unsatisfactory to four-fifths of the petitioners as
shown by a certificate filed by the petitioners with the City Manager, the proposed measure shall be
submitted by the Council to a vote at the next regular municipal election. But in case the number of
signers of said petition is equal to at least 15 percent of the total number of voters voting at the last
regular municipal election, then the Council shall call a special election upon the measure to be held
not less than 30 nor more than 45 days after the date on which the Council finally acts on the
measure, or within the same time after passage of 65 days without final action, unless a regular
election is to occur within three months, in which case it may be submitted at such regular municipal
election. In case the Council passes the proposed measure with amendments and at least four-fifths
of the committee of petitioners do not express their dissatisfaction with such amended form by a
certificate filed with the City Manager within ten days from the passage thereof by the Council, then
the measure need not be submitted to the voters.
Section 5,08. INITIATIVE BALLOTS. Subdivision 1. The ballots used when voting upon any
e such proposed measure shall state the substance thereof, and shall give the voter the opportunity to
vote either "yes" or !tno". If a majority of the voters voting on any such measure shall vote in favor
thereof, it shall thereupon become an ordinance or resolution of the City as the case may be. Any
number of proposed measures may be voted upon at the same election, but in case there shall be
more than one, the voter shall be allowed to vote for or against each separately.
Subdivision 2. In case of the simultaneous adoption of two initiated ordinances containing
inconsistent provisions, the one adopted by the larger majority shall prevaiL
Section 5.09. INITIATION OF CHARTER AMENDMENTS. Nothing in this Charter shall be
construed as in any way affecting the right of the voters under the constitution and statutes of
Minnesota to propose amendments to this Charter.
.
~ ~~- - ~