Agenda - Charter Commission - 01/08/2002 - Memorandum

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presentation and the highest court of New York upheld the constitutionality of that scheme.TM While the attorney general of Minnesota once ruled that proportional representation was invatid in this state, the favorable opinion of one of the best- reputed courts in the country seems to increase the chances that proportional representation would be herd valid in this state. If a city would like to include proportional re- presentation in its charter, but fears a decision of unconstitutionality, it can avoid the consequences by including alternative sections for a more con- ventional method of election, such an alternative to be operative ontyin the event of a court decision that the proportional representation system is in- valid. Proportional representation does have decided merits; the fact is that under this plan every vote is counted once and only once, and votes come nearer to having equal value under this scheme than under any other yet devised.15 The system was used for a few years in Hopkins but ~vas aban- doned. It has not been a popular system with the voters and is now used very little in cities in this- country. 117. The initiative, referendum, and recall. In another place we have summarized Minnesota home rule charter provisions for the initiative, ref- erendum, and recall. It is not necessary here to go' into the arguments for and against these instru- ments of popular control. If they are to be made effective the number of voters required to s;gn t. he petition in each case should be kept reasonably Iow-customarily higher, however, for recall than for the initiative and referendum, At the beginning this may have the result of encouraging the voters to use them too freely, but in the long run a demo-. cratic people learns self-control even while practic- ing complete control over its officers. Although the recall, like the initiative and refer- endum, has been included in most recent charters in Minnesota, its usefulness has been seriously cir- cumscribed by a decision of the Minnesota Supreme Court holding that recall was a removal from office and therefore a constitutional provision (Art. XII [, 14johnson v. City'of. New York, 274 N.Y. 41t (1937). This decision is perhaps of greater signi- ficance in Minnesota than the Michigan case since the constitutional language involved is ex- actly the same as that found in the Minnesota constitution. 15For further information upon th~s subject, see Hallett, .Proportional Representation: The Zt'ey lo Deraocracy, ] 937, 177 pp. Sec. 2) is applicable which limits recall elections to those cases where there is malfeasance or misfea- sance in office~ So viewed, recall seems impractical since the council cannot be compelled to call a re- call unless the grounds stated do constitute malfea- sance or nonfeasance, usually not something which can be tested by the election process. Problems of Administration 118. The administrative provisions of the char- ter. Much consideration has been given in recent years by concerned citizens and Scholars to such facets of public administration as efficiency, responsibility, responsiveness, and standards of conduct. Many graduate schools have been estab- lished to do research in public administration and public policy development and administration. With the rapid and continuing increase in.the cost of government, we have come to see the necessity for getting a dollar's worth of real service for every dollar spent. This raises the questions of budget- making, of the civil service, of proper financial pro- cedure, of adequate accounting and reporting, of methods of contracting and of doing work directly by city labor, of the internal organization of de- partments, and many other important matters. What provision should the charter make upon these subjects? Generally speaking these matters should not be dealt with at length in the charter but should be entrusted to the council for it to regulate by or- dinance. Only the fundamental provisions needed. to protectthe city should be inserted in the charter, and these should be worked out with the greatest care. The knowledge of municipal administration is still developing and changing. Every year cities learn something new and find it wise to change their administrative procedure° It Would be unfor- tunate to embody in a charter, which is hard to amend, a whole series of detailed administrative provisions which may soon be out of date and un- workable. 119. The administrative departments. For the larger cities of the state it may be feasible-to desig- hate in the chartertlhe number, the names, and the principal functions of the chief departments of the -10-