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.
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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
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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.
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