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HomeMy WebLinkAbout7.b. Process to Establish Home Rule CharterCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: MAY 19, 1992 AGENDA ITEM: HOME RULE CHARTER - PROCESS TO ESTABLISH AGENDA SECTION: NEW BUSINESS PREPARED BY: STEPHAN JILK, CITY ADMINISTRATOR AGENDA4f1-M # - 7B ATTACEMNTS: NONE AP B7. At the request of Councilmember Willcox, staff and City Attorney Miles have researched the process to establish a "Home Rule Charter" status for the City of Rosemount. Mr. Miles will make a presentation on this matter and also discuss the alternative method for cities to establish voting "wards" for electing city councilmembers by "wards" versus "at large". RECOMMENDED ACTION: None. COUNCIL ACTION: MEMORANDUM TO: MAYOR ED McMENOMY AND THE MEMBERS OF THE ROSEMOUNT CITY COUNCIL AND STEVE JILK, CITY ADMINISTRATOR FROM: MIKE MILES DATE: May 19, 1992 RE: POTENTIAL CHANGE OF CITY OF ROSEMOUNT TO A HOME RULE CHARTER CITY Councilman Harry Wilcox has recently inquired what process would be necessary in order to convert the City of Rosemount to a Home Rule Charter City. The following are several pieces of information which may be useful to the City Council in considering the virtues of changing from a Statutory City to a Home Rule Charter Municipality. BACKGROUND A. HOME RULE CHARTER UNITS OF GOVERNMENT. The power of a local unit of government to adopt a Home Rule Charter is derived from Article 12, Section 4 of the Minnesota Constitution which, in essence, provides that any local government unit may adopt a Home Rule Charter (essentially a local constitution) if approved by a majority of the voters of the local governmental unit. In turn, Minnesota Statutes, Chapter 410 sets forth the process by which the "Chartering" may be achieved and will be discussed later in this memorandum. B. STATUTORY CITIES. By contrast, Statutory Cities derive virtually all of their basic powers from Minnesota Statutes, Chapter 412. Thus, Statutory Cities only exercise powers given to them by the Minnesota Legislature. ADVANTAGES OF A HOME RULE CHARTER • The process through which a Home Rule Charter is enacted is strictly at the local level and tends to involve all interested citizens in this legislative process. Additionally, all voters will vote on proposed changes to an existing charter, thus becoming further educated as to their local laws whenever a change is proposed. • Generally, since the residents of a community will be drawing up the Home Rule Charter locally, the voters in these cities have much more control over the powers their city can exercise. Unlike Statutory Cities which must wait for the legislature to act in the event that they need to exercise a power that has not been given to them, Home Rule Charter Cities can take action at the local governmental level instead of having to wait for a state driven process. • The ability to adopt most of the laws governing a municipality at the local level allows a community a good chance to address any specific or unusual needs that are unique to it. The only limitation on these local laws is that they may not conflict with existing state laws. DISADVANTAGES OF A HOME RULE CHARTER • There is a definite cost in adopting a Home Rule Charter, the burden of which is greater on smaller communities which don't have the ability to spread expenses over a large population • In light of the cost, the temptation to cut corners may be great. However, a poorly drafted Home Rule Charter can be useless at best and disastrous at worst. • Persons unfamiliar with Home Rule Charter Cities who want to undertake some activity in such a community will usually have more difficulty learning of all legal requirements. While this is already somewhat true in light of the specific ordinances various communities adopt, the problem is multiplied in Home Rule Charter Cities and it is vital that an up-to-date copy of the Charter be made readily available to those who make inquiry. • In some cases, Charter amendments are harder to pass than municipal laws at the state level. Passions may be running higher over controversial items and a community may end up going to the legislature for a solution rather than amending their charter. THE CHARTER PROCESS Any Minnesota City may adopt a Home Rule Charter by adhering to the following process: 1. A Charter Commission must be appointed. This is done in one of three ways: a. The City Council may by resolution request the appointment of a Charter Commission. This action would acquire the District Court in the County in which the City is located (acting through its Chief Judge) to appoint the Commission Members. 2 b. A petition signed by at least 10% of the voters as measuredbythe number of voters who voted in the last city election may be submitted to the District Court which must then make the appointment of the Commission Members.` C. The District Court may appoint a Charter Commission without waiting for a petition of the people of the community, but this is unlikely unless there has been a ground swell of support in the community. 2. Qualifications of members. The only requirement to serve on a Charter Commission is that one be a qualified voter of the City seeking the Charter. 3. Size. Charter Commissions usually have between 7 and 15 members as determined by the Court. After a community adopts a Home Rule Charter it may amend the Charter to fix the size of the Commission at between 7 and 15 members. 4. Permanence. Once appointed, Charter Commissions become a permanent body whose membership changes because each member serves a four year term. 5. Functions. Of course, the basic functions of the Charter Commission are to prepare and submit to the voters a Home Rule Charter and, as appropriate, propose amendments from time to time thereafter. 6. Submission to the voters. Once the Commission has prepared a draft Charter, it will be presented to the City Council who must in turn submit the Charter to an election by the voters. The Charter may be voted upon at the next general city election or through a special charter election within 90 days of the receipt of the draft Charter. 7. Adoption. If a majority of those voting on the question at the election approve of the Charter, it will be adopted. RELEVANT POWERS As mentioned earlier, a City may locally adopt laws on a broad variety of subjects in a Home Rule Charter. My recollection from an earlier council meeting is that an issue regarding dividing Rosemount into wards for purposes of election council members was raised. This power is an example of ways in which certain Home Rule Charter Cities operate, although it is a matter of local 3 option whether to do so. Other powers of general interest can be discussed before the council upon request. Please contact me if you have any questions regarding the foregoing information. 4