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Topic: Home Rule Charter, Anyone know the answer?< Next Oldest | Next Newest >
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PostIcon Posted on: Nov. 14 2003,8:00 pm  Skip to the next post in this topic. Ignore posts   QUOTE

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Minnesota has two basic types of cities: statutory cities and home rule charter cities. Here is some basic information that describes their differences:

1. Statutory cities
Most cities in Minnesota are incorporated as statutory cities. They operate under Chapter 412 of Minnesota Statutes, commonly known as the city code, and under a number of other statutes that apply to all cities. Although all statutory cities possess the same basic powers, the code permits them to select one of several forms of organization. The Legislature may, at its discretion, change any part of the city code.

2. Home rule charter cities
State law allows any city to adopt a charter, which in effect is a local constitution approved by the local voters. Cities have a wide range of discretion in adopting charters; charters may provide for any form of city government--subject only to state laws that uniformly apply to all cities in the state.


LMNC Handbook Local Government in Minnesota


Since Albert Lea is a Home Rule Charter city then everything must be done in accordance with our charterPart 1 on this page is our charter. If you look at Section 2.02. Boards and commissions it states

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There are no separate administrative boards or commissions except boards or commissions required by law or this charter or those established for the administration of a function jointly with another political subdivision. The council performs the duties and exercises the powers of administrative boards and commissions. The council may establish boards or commissions to advise the council, to investigate subjects of interest to the city or to perform quasi-judicial functions.

Section 2.02 Albert Lea City Charter


Since the charter clearly states The council performs the duties and exercises the powers of administrative boards and commissions how can the city council possibly get around our charter?


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PostIcon Posted on: Nov. 15 2003,10:45 am Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

In my opinion your local government has engaged in arbitrary and irrational government conduct and is in violation of substantive due process. You should request an opinion from your city attorney and see what he thinks.

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uuhhhh...
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PostIcon Posted on: Nov. 16 2003,9:32 am Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

But our city attorney is part of the same old boys club that is responsible for the shape our city is currently in.

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PostIcon Posted on: Nov. 16 2003,6:30 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

Constituents of Freeborn County had to go the the MCLU for relief in a Freedom of Speech case, the relief was not there in the form of the County Attorney.  The City Attorney would be just as partial.  The on-going problem the constituents of Freeborn County and Albert Lea face is that we are forced to go to outside counsel for any real answers.  Inability for citizens to receive impartial support from both of the above named entities is a symtom of the systems dysfunction we are currently facing.

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PostIcon Posted on: Nov. 16 2003,8:13 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

The local titty bar owner and booze peddler is calling the shots. That means downtown restoration on all buildings but his. Stiffer sentences for pot users because it competes with the booze he's trying to sell and also that pot doesn't make you want to stick dollar bills all over strippers like alcohol does.

But the local priest running the show is just as bad...


All the good people have left town long ago and are making their mark in all the great cities of the world...we got the titty bar captain.

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PostIcon Posted on: Nov. 16 2003,9:50 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

all i know is albert lea is a mess and i am sooooooo glad i don't live there anymore.  life is good outside of albert lea!

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PostIcon Posted on: Nov. 17 2003,12:33 am Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

Quote (Guest @ Nov. 16 2003,8:13:pm)
But the local priest running the show is just as bad...

I'm assuming you mean pastor?  I don't see what the local priest has to do with any of this.

The pastor who's on the council is in my ward, and so far I'm happy with what he's doing.  I think Eaton has been a big dissapointment for this town, it seems like everything she says is defending the status quo.


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PostIcon Posted on: Nov. 17 2003,3:23 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

Here is the answer to my previous question(at least here is Steve Schwabs answer)

The charter isn't being violated because of ordinance.

Sec. 2-233. Legal status

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The port authority shall be a public body politic and corporate and a political subdivision of the state. It shall not be considered a department of the city nor shall the city be liable for its obligations unless assumed by the city in writing. Its relationship to the mayor and council shall be governed by the enabling act, this.....


So essentially his argument came down to saying that the port authority is a seperate government entity apart from our city council so the Port Authority doesn't have to follow the charter. When I told him I didn't care if the PA followed the charter or not, it's the council that's violating the charter. He said he would get back to me with an opinion.

He also verified that a petition with around 1300 signatures which is 15% of voters in last election would negate the resolution that the council passed last tues. night. and force a special election on the issue.


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PostIcon Posted on: Nov. 17 2003,4:06 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

give them hell Lib!   :)

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PostIcon Posted on: Nov. 17 2003,4:43 pm Skip to the previous post in this topic.  Ignore posts   QUOTE

The only problem with the petition is that the city will make whoever presents the petition get it validated. Meaning that each and every signature will have to be verified to be included in the final count, things like place of residence, length of residence (because residents that have lived here for 30 or 60 days or less can not be counted). People at the top can make sure that this process takes an extremely long amount of time, so long in fact that the council can completely change as to who is serving before the petition makes it anywhere.
Your only bet to make change is to encourage an obscene amount of people to march right into the next meeting and demand their representitives to take action that they want, not what the good old boys club wants. But be careful, you may get a complete background check like the guy did in Mankato. Remember our city government doesn't like to hear what the citizens want, tehy just want you to follow the rest of the heard like a good cow.

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