Understanding Charter Cities Edward Cadman Research Attorney League of Minnesota Cities March 29, 2007

Overview What is a Charter City? What are the differences between statutory and Charter cities? How does a Charter relate to state law? What are Advantages/disadvantages of a Charter? How did we get Charter? What is the Charter Commission? How does a Charter get amended?

Enumerated Powers The Rest Federal Government Founding Fathers State Governments A Few Towns, Cities, and Counties

City Government in Minnesota Not created by, but subject to the Federal Constitution Created by the Minnesota Constitution Created by State Statute

Trivia Question: How many cities are there in Minnesota? a) 1,254 b) 542 c) 854

Two Types of Cities Statutory Cities Home Rule Charter Cities Only 107 (12.5%) of all MN cities are Charter Cities!

Authority for City Type Statutory Cities are authorized and empowered by  MN Statutes, Chapter 412. Charter Cities are authorized by  MN Constitution, Article XII, section 4 and  MN Statutes, Chapter 410

Powers of a City Statutory cities can only adopt ordinances when authorized by state law to do so. Home rule charter cities can adopt ordinances on all appropriate subjects unless prohibited by law.

General Powers of A Statutory City to Provide Services Police Fire Sanitation Street Utilities Zoning Parks Recreation And Many More!

Examples of Statutory Cities Centerville (Pop. 3644, Anoka County) Hugo (Pop. 8760, Washington County) Forest Lake (Pop , Washington Cty) Andover (Pop , Anoka County) Oak Grove (Pop. 7455, Anoka County) North Oaks (Pop. 4200, Ramsey County)

Home Rule Charter Cities Ideally, Charter provides only fundamentals of organization of city (simplicity and brevity) + a “broad grant of authority” to council Then council is free to exercise broad authority by ordinance

Forms of Charter Government Weak Mayor- Council Strong Mayor- Council Council-Manager Commission

Common Charter Provisions Ward System Initiative and Referendum Comprehensive grant of power or “all powers” clause Size of Council, quorum Charter Commission Structure

Examples of Charter Cities Lino Lakes (Pop , Anoka County) Ham Lake (Pop , Anoka County) Blaine (Pop , Anoka/Ramsey Cty) Coon Rapids (Pop , Anoka County) White Bear Lake (Pop , Ramsey/Washington County) Two Harbors (Pop. 3675, Lake County)

Charter in Relation to State Law On a given issue, what if  State law is silent, but Charter addresses the issue  Charter is silent, but State law addresses the subject  Charter and State law have different provisions on same subject (conflict)

State law is silent on the issue State law addresses the issue Charter is silent on the issue 2 Charter addresses the issue 13

State law silent, Charter isn’t Could the State delegate the authority expressly?  Preemption? If so, Charter provision likely valid

Charter is silent, State law isn’t If a charter is silent on a matter that is addressed for statutory cities, and no law prohibits the charter from addressing the matter, and no law states that a charter prevails over general law on the matter, THEN the charter city can apply the general law on the matter

Charter differs from State law General rule: State law wins to the extent the charter provision is in conflict with State’s policy City attorney should advise whether a conflict exists  A.G. opinions or case law?  Detectible policy that applies for all cities?

Do Charter Cities have to follow… Statutory City law (Minn. Stat. Ch 412) Planning & Zoning law (Minn. Stat. §§ ) Special assessments law (M.S. Ch. 429) Criminal code (M.S. Ch. 609) Charter law (M.S. Ch ) Clean Indoor Air Act (M.S. §§ )

Powers of a city Statutory cities can only adopt ordinances when authorized by state law to do so. Home rule charter cities can adopt ordinances on all appropriate subjects unless prohibited by law.

Advantages Local solution for local issues Encourages an informed electorate As simple or complex as city needs May provide for initiative, referendum, recall, and election of council by wards

Disadvantages Costly Applicability of statutes, court rulings and AG Opinions less clear Skillful drafting harder with fewer resources Amendments/abandonment time-consuming, complicated, difficult to pass

How did we get a Charter? City residents or local clubs expressed interest in a Charter Cf. Judge of district court appointed Charter Commission Draft submitted to clerk, council Charter voted on by public in an election

The Charter Commission A permanent body Usually appointed by a district court Must meet at least once per year Failure to meet does not end existence Have between 7 and 15 members

Charter Commission Members Must be qualified voters of the city May hold offices, such as councilmember; but not judicial Limit on successive terms?  “Upon the expiration of each term, the chief judge shall appoint new commission members.” Minn. Stat. § , subd 2

Appointment of Charter Commission Members Chief Judge usually appoints  Listens to information  Considers suggestions from charter commission or council, or citizen petitioners Appointees have 30 days to file acceptance and oaths with court clerk

Charter Commission Functions Study the local charter and government Draft a proposed charter Convene either at their direction, or direction of council or voters to  Consider proposed charter amendments, or  Propose charter amendments

Changing A Charter Through Amendment 5 ways to propose modifications to a Charter Generally modifications submitted to voters Amendment needs 51% favorable vote

Abandoning a Charter Abandonment process is identical to Amendment process 51% of voters must approve abandonment Proposal for abandonment must state statutory govt form that will replace Charter

Questions? Call the League of Minnesota Cities Edward Cadman Research Attorney or League Website