Agenda - Charter Commission - 09/06/2000

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LOCAL GOVERN/vfENT STRUCTURE AND ORG.M"IIZATION PAGE 15 RULE CHARTER CITIES Charter cities derive their powers from a home rule charter. Home rule charter cities can exercise any powers in their locally adopted charters as long as they do not conflict with state law. Conversely, charter provisions can specifically restrict the powers of a city Consequently, voters in home rule cities have more control over their city's powers. Home rule charters, are in effect, local constitutions. State laws give cities a wide range of discretion in adopting charters. The charter may provide for any form of municipal government, as long as it is cons/stent with state laws that apply uniformly to al/cities in Minnesota. Poorly drafted charters can cause significant problems. Therefore, a city should rely on model charters and competent professional advice in drafting a charter. Every home rule charter city may have the form of government and the range of local powers and functions desired by the people of the city. Changes that are needed in the local government can occur locally, by amending the charter, instead of waiting to propose a new law when the legislatu.re meets. Nevertheless, the process for amending a charter is often time-consuming and cumbersome, and amendments are often difficult to pass. There can also be disadvantages to having a charter. The experiences of other cities are often not as relevant to a charter city. For example, if a court or the Attorney General rules on an issue for a statutory city under the city code, other statutory cities can also rely on that ruling. Rulings affecting a charter city would only be relevant if the cities have very similar charter provisions. Because of the difficulty in amending and abandoning a home rule charter, 'abe charter should deal with fundamentals and give the city council the authority to provide more detailed regulations through ordinances. Simplicity and brevity are essential to a good charter. Provisions should be simple and clear in order to avoid the possibility of more than one interpretation. Another essential of a good charter is a comprehensive grant of power to the city in general terms. Because cities are organized to promote the welfare of the people, and people are in control of their affairs in a charter city through their elected representatives and charter commission members, citizens should not be afraid of entrusting city government with a wide range of powers. If citizens feel it necessary, the charter can include initiative, referendum, and possibly recall provisions as additional checks to prevent the abuse of power.