HomeMy WebLinkAboutPublishing Summary of Ordinances
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FOIt YOUltlNp01U4ATION
MEMO
TO:
Timothy G. Madigan, City Administrator
FROM:
Kurt S. Fischer
X
\
DATE:
July 13, 2001
RE:
Publication of Summary Ordinances
I have revisited this issue and concluded that under the language
of the General Savings clause in Chapter 410 the City would be
authorized to publish summaries of ordinances.
Section 3.08 of our Charter provides every ordinance shall be
published at least once in the official newspaper. There is no
provision in the Charter directly suggesting the authority to
publish a summary. Further, in Chapter 1 of our Code of
Ordinances we generally adopt the standard Rules of Statutory
Construction. M.S. Chapter 645 which contains those has one
section on publication although it does not relate to publication
of ordinances, but rather notices, summonses, foreclosure actions
and the like. That statute states that the assumption is that
the whole document is published.
In 1984 the legislature authorized statutory cities to publish
summaries of lengthy ordinances, or ordinances which include
charts or naps, if the City Council determines that publication
of the title and a summary of the ordinance would clearly inform
the public of the intent and the effect of the ordinance. This
is found in M.S. ~412.191, Subd. 4. I have attached a copy of
this section as it sets out specific requirements including that
the summar)' be approved by a 4/5 vote of the council.
In 1994 the legislature passed M.S. ~410.33. Chapter 410 is the
chapter on charter cities. This section provides:
If a city charter is silent on a matter that is
addressed for statutory cities by Chapter 412 or other
general law and general law does not prohibit a city
charter from addressing the matter or expressly provide
that a city charter prevails over general law on the
matter, then the city may apply the general law on the
matter.
It is my opinion that the City Charter is silent on the matter of
publishing summaries of ordinances, and there is no general law
prohibiting the Charter from addressing the subject or providing
that a charter provision prevails. Therefore, I believe that the
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City can apply Section 412.191, Subd. 4 and publish summaries of
ordinances. I think this conclusion is supported by the fact
that the Charter and other statutory provisions do recognize the
efficacy of new codifications which may include ordinances on new
matters without publication of the full code. The important part
is that there is sufficient notice given to the public that
people interested in a subject can learn what it is that is
proposed and exercise their rights under the law.
/csr
Attachment
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MN-STAT-AN - MSA ~ 412.191, Members; powers, duties
------------ Excerpt from page 69953 follows ------------
Subd. 4. Enactment of ordinances. Every ordinance shall be enacted by a majority vote of all the
members of the council except where a larger number is required by law. It shall be signed by the
mayor, attested by the clerk and published once in the official newspaper. In the case of lengthy
ordinances, or ordinances which include charts or maps, if the city council determines that
publication of the title and a summary of an ordinance would clearly inform the public of the
intent and effect of the ordinance, the council may by a four-fifths vote of its members direct
that only the title of the ordinance and a summary be published, conforming to section 331A.Ol,
subdivision 10, with notice that a printed copy of the ordinance is available for inspection by any
person during regular office hours at the office of the city clerk and any other location which the
council designates. A copy of the entire text of the ordinance shall be posted in the community
library, if there is one, or if not, in any other public location which the council designates.
Prior to the publication of the title and summary the council shall approve the text of the summary
and determine that it clearly informs the public of the intent and effect of the ordinance. The
publishing of the title and summary shall be deemed to fulfill all legal publication requirements
as completely as if the entire ordinance had been published. The text of the summary shall be
published in a body type no smaller than brevier or eight-point type. Proof of the publication
shall be attached to and filed with the ordinance.
Copyright (c) West Group 2001 No claim to original u.s. Govt. works
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Page 1
::i tation/Ti tIe
1SA S 410.33, Savings clause
'~9825 M.S.A. 9410.33
MINNESOTA STATUTES ANNOTATED
CITIES, ORGANIZATION
CHAPTER 410. CLASSIFICATION; CHARTERS
Current through End of 2000 Reg. Sess.
'10.33. Savings clause
If a city charter is silent on a matter that is addressed for statutory cities by chapter 412 or other general law and general law
1 ':'Ies not prohibit a city charter from addressing the matter or expressly provide that a city charter prevails over general law on the
natter, then the city may apply the general law on the matter.
CREDIT(S)
o 2000 Electronic Pocket Part
:aws 1994, c. 446,91.
<General Materials (GM) - References, Annotations, or Tables>
Copyright (c) West Group 2001 No claim to original U.S. Govt. works