Bemidji charter amendment could add penalties for city officials violations

A proposed Bemidji charter amendment would do more than tweak city rules. It would give the city’s governing document a penalty for charter violations by elected or appointed officials, turning a question of compliance into one of public accountability that could reach the November ballot if the legal steps line up.

Minnesota law sets a clear threshold before any charter question can go to voters. Proposed amendments must be submitted at least 17 weeks before the general election, and the Bemidji Charter Commission can put one forward on its own or must do so if residents submit a petition signed by voters equal to 5% of the votes cast in the last previous state general election in the city. That means the idea is still only partway through the process, with procedure likely to matter as much as the policy itself.

The amendment grew out of commission debate over proposed Section 12.17, which was discussed in the Aug. 28, 2024 meeting minutes. The original language said a charter violation by a council member or city employee “may be criminally charged” as misconduct of a public official under Minnesota Statute 609.43. Commissioners then voted unanimously to remove the word “criminally,” showing that even among charter drafters, the exact consequence for a violation remained unsettled.

That state misconduct statute already carries serious penalties. Under Minnesota Statute 609.43, a public officer or employee may be sentenced to as much as 364 days in jail, a fine of up to $3,000, or both, depending on the conduct. If Bemidji adopts a charter provision tied to that law, it would send a stronger message about how the city expects officials to behave inside city government.

Bemidji’s Charter Commission is an eight-member body appointed by the chief judge of Minnesota’s 9th District Court to four-year terms beginning June 1. Commission members also discussed public education and a possible work session with the council in February 2025, suggesting they knew the proposal would need more than a legal filing to make its case to the public. A charter document certified on May 8, 2025, was delivered to the city clerk, marking another step in the process.

If the measure advances, Bemidji’s 14,574 residents would be the ones to decide whether to write a tougher enforcement tool into the city charter. The city says legal notices are published in The Bemidji Pioneer, which would likely be central to the publication and hearing requirements that come before any ballot question is finalized.