In a message dated 7/22/2004 10:33:17 PM Central Daylight Time, 
[EMAIL PROTECTED] writes:


> Guess that says it all to me, it's about changing policy without a public 
> vote.  Kind of like using activist judges to get things done that can't be 
> done legislatively or with a majority vote.  The banners aren't interested in 
> compromise only a total and complete ban.
> 
> AND



> Chuck writes: "All the information you need on Initiative, Referendum and 
> Recall in Saint Paul is at 
> http://www.ci.stpaul.mn.us/code/ch008.html#sec8.07<
> http://www.ci.stpaul.mn.us/code/ch008.html#sec8.07>
> If the council passes a ban you always have the right to do a referendum to 
> change the law back."
> 
> Thanks for the info, hopefully we will not need it as common sense will 
> prevail and a sensible solution to smoking in the city will come forward, not a 
> totalitarian formula.
> 

Part of the reason I sent the above information was to clarify how issues get 
on the ballot.  The City Council does not put issues on the ballot for a 
vote.  There is no provision for them to do that.  A unanimous vote of the council 
and the support of the Mayor could not put an issue on the ballot for a 
binding (initiative) vote! Citizens can put an Initiative on the ballot by petition 
(a new proposal) or they can do a Referendum (stopping of a piece of 
legislation) if they don't like what the council has done.  That is it, that is the 
only method.

I had hoped that by actually sending the information out that I could stop 
the discussion of "the council should put it to a vote," since they don't have 
that option!  They have no more ability to "put it to a vote" than you or I 
have.  

What they do have is the ability to act as a deliberative body and to create 
ordinances, that is what they were elected to do.  They have followed the 
process for bringing an ordinance forward, hearing the public debate, amending the 
ordinance to attempt a compromise, having that compromise vetoed and now they 
will vote to override or not that veto.  That is how the City Government 
operates.  In Saint Paul we have an initiative process but that has nothing to do 
with the current proposal.

FYI Minneapolis does not have Initiative and Referendum - so they never have 
ballot issues - you couldn't do it if you had 100,000 signatures, the mayor 
and all of the council.

Chuck Repke
St. Paul
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