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HomeMy WebLinkAboutCharter Amendment Posting From: Melanie Mesko Lee Sent: Thursday, March 18, 2010 11:27 AM To: CityCouncilGroup Cc: Dave Osberg; 'Daniel J. Fluegel'; 'Mark Vaughan' Subject: Charter Amendment Posting Mayor & Councilmembers: The notice for the proposed charter commission amendment as ordered by the Council at its meeting on Monday was published in today’s Hastings Star Gazette as required, noting that a public hearing on the change has been ordered and articulating the language amendment proposed.  The notice was correct as sent.  Unfortunately, the notice that was sent to the HSG was not correctly published.  The error in the paper publication was the omission of deleted language in Section 3.11: Powers and Duties of the City Administrator that currently exempts the police department/police chief from the City Administrator.  The error in the online language is that none of the proposed deleted language was marked as deleted in both Sections 3.06: Mayor-Law Enforcement & 3.11: Powers & Duties of City Administrator. The notice available on the City’s website is correct, as is the notice placed in the posting window at City Hall.  I contacted HSG immediately and they confirmed that an error occurred with the posting and that they would correct the online version quickly and re-run the paper notice next week, which is the earliest they could do so.  This would obviously be at no cost to the City. The link I provided above for the HSG online notice is for the incorrect posting; I expect the correction will be made soon. I did check with City Attorney Dan Fluegel about whether this publishing error would impact the City’s requirement notice and thus, the ability to hold the public hearing on this proposed change on April 5.  Dan has indicted that, per MN Stat. 331A.05 subd. 7, error not the fault of the political subdivision does not affect the validity of the event to which the notice relates.  Therefore, it is staff and legal opinion that this error does not impact the City’s ability to hold a public hearing on this proposed charter amendment on April 5 as ordered.  Councilmembers are also reminded that the action on April 5 is the public hearing only; second reading and action on this item will not occur until the April 19 Council meeting. Please let me know if you have any questions. Thanks. Melanie Melanie Mesko Lee Assistant Administrator City of 101 Hastings p. 651.480.2350 f. 651.437.7082 www.ci.hastings.mn.us            Find us on Facebook!