Park Board query might head to court

Attorneys differ over whether the Minneapolis City Council must place a Park Board charter amendment on ballot for a vote.

By STEVE BRANDT, Star Tribune

Last update: August 25, 2009 - 10:14 PM

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The question of whether Minneapolitans should get to vote on greater Park Board independence appears headed for court.

A supporter of a charter proposal that would make the Park Board independent from the city government said Tuesday that the proposal's backers will sue to force the park measure onto the city ballot this fall if the City Council doesn't agree.

The prospects that the council could turn a cold shoulder to the proposed charter question mounted on Tuesday when the city attorney's office advised the council that it would be within its powers to do so.

Proposal backers offered a conflicting opinion.

Supporters collected required signatures on a petition to put the question on the November ballot. It calls for making the Park Board an independent political jurisdiction, allowing it independent power in areas such as taxation. Before that could occur, the state Legislature would have to pass enabling legislation.

The prospect of having such a proposal on the Nov. 3 ballot has irked some council members. They say it puts them in the position of bucking thousands of constituents who favor what a number of council members think is a bad idea. Moreover, some argue that petition backers played on the fears of voters that a rapacious council would sell off park land.

The city's Charter Commission meets today at 4 p.m. to formally forward the charter proposal to the council. The council plans to debate it in committee on Thursday and in full session on Friday.

The proposal's supporters have offered the council a letter from University of Minnesota Prof. Fred L. Morrison, a specialist in local government law, arguing that the council has a duty to put the charter amendment to the voters. Morrison said the Legislature has authorized charter commissions to create any scheme of local government not inconsistent with the state Constitution.

But Peter Ginder, a deputy city attorney, told the council on Tuesday that the Minnesota Constitution gives the Legislature the power to create local units of government. He said state law on charters requires them to be consistent with the Constitution. So the council has the power to reject a proposal that's inconsistent with those powers, he said.

Any court fight will have to happen soon if the question is to make it onto the November ballot, because there's a Sept. 11 deadline for submitting charter referendum proposals to the county for the election.

Steve Brandt • 612-673-4438

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