MN Supreme Court Nixes Using Charter Amendments To Make Policy

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You can’t force a vote on policy with a charter amendment petition drive says Minnesota’s Supreme Court.

The court issued it’s opinion today in a case it decided in August that kept a minimum wage charter amendment off the ballot in Minneapolis. The court’s opinion in the case says it reversed a district court decision allowing the petition-driven charter amendment on the ballot because “we conclude that the proposed minimum-wage amendment falls within the exclusive authority vested in the City Council over legislation and policymaking.”

The court said that charter amendments must “be consistent with state law and public policy.”

“Because the plain language of the Minneapolis City Charter places the responsibility for the general welfare of City residents in the City Council, it is clear that the wage amendment is improper. There is no doubt that the wage amendment constitutes an exercise of general legislative authority.”

“Because Minneapolis residents do not have legislative and policymaking authority under the City Charter, we hold that the district court erred in granting the petition and ordering the City to place the wage amendment on the ballot for the general election.”

Read the entire Minnesota Supreme Court opinion.

MN Supreme Court Opinion on Minneapolis Minimum Wage Charter Amendment by mcint011 on Scribd

Michael McIntee

Michael McIntee is a former network TV news executive with more than 30 years of broadcasting experience. He began his broadcasting career at the University of Minnesota's student radio station. He is an expert producer, writer, video editor who has a fondness for new technology but denies that he is a geek. More about Michael McIntee »

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