HomeMy WebLinkAboutA008 - Legal Opinion dated February 22, 2005 E
John R Klaus/COA To dvegge@sauer-danfoss.com
02/22/2005 02:31 PM cc atugan@iastate.edu, crosswind@mchsi.com,
dvoss@city.ames.ia.us,jripperger@city.ames.ia.us,
bcc kindred@city.ames.ia.us, matthewgoodman@mschsi.com,
Subject Re:Tuesday's meeting?[j
What if the City Council votes against calling an election?
The wording of section 376.2 is mandatory. It states: " Upon receipt of a valid petition ... The council shall
submit the question at a special election to be held within sixty days after the petition is received." If the
proposed resolution does not pass, or if the Mayor states an intent to veto, then the matter could be
proposed as a simple motion because the statute does not require council action by resolution. If the
council fails to pass any measure to call the election, then nothing will happen unless someone brings a
law suit for a court order to compel the special election. Such a suit could be brought against the City
Council, perhaps the county commissioner of elections, or both.
The City Council could enact a measure proposing that some person, persons or organization other than
the City pay for the election, but there is not statutory authority that could be relied on to compel the
payment.
dvegge@sauer-danfoss.com
dvegge@sauer-danfoss.com
02/21/05 10:52 AM To TedJoanie@aol.com
cc atugan@iastate.edu, crosswind@mchsi.com,
dvoss@city.ames.ia.us,jklaus@city.ames.ia.us,
jripperger@ciiy.arnes.ia.us, kindred@city.ames.ia.us,
matthewgoodman@mschsi.com, rmahayni@isunet.net,
sharonwirth@yahoo.com, slundt@city.ames.ia.us,
SSchainker@city.ames.ia.us, st.goodhue@isunet.net
Subject Re:Tuesday's meeting?
On what basis could or should we vote down the petition? Not suggesting that we do, just that there be
good reason to consider it.
My initial impression is that we should ask the GSB as well as the ACVB to fund the election, or at least a
part of it. If there is no "investment" in making the changes, we could have petitions for special elections
all the time. Like I said, only my first impression. I will be open to be educated.
have a good day all.
TedJoanie@aol.com
02/21/2005 10:37 To jklaus@city.ames.ia.us
AM cc kindred@city.ames.ia.us,SSchainker@city.ames.ia.us,sharonwirth@yahoo.com,
crosswind@mchsi.com,st.goodhue@isunet.net,jripperger@city.ames.ia.us,
TedJoanie@aol.com To jklaus@city.ames.ia.us
�'. 02/21/2005 10:37 AM cc kindred@city.ames.is.us, SSchainker@city.ames.ia.us,
sharonwirth@yahoo.com, crosswind@mchsi.com,
bcc st.goodhue@isunet.net,jripperger@city.ames.ia.us,
Subject Tuesday's meeting?
John,
As a head's up, I plan to ask the following questions on the issue of the
resolution to change city council terms of office.
1 . What if the council votes against the resolution?
2. Can the council request the petitioner to pay for the special election?
Thanks
Ted Tedesco
Mayor
Ames, Iowa