09-27-2006 Council Agenda - Laserfiche WebLink

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The Honorable Steve Smith December 1, 2003 Page 3 5. Do local administrative hearing procedures de y alleged ordinance violators any of their constitutionally protected due process of equal protection rights? 6, Do local administrative hearing procedures violate the principle of separation of powers between the executive blanch and the j die sal branch by infringing on the district court's original jurisdiction? ,,c. . Our analysis of these issues is set forth below. LAW AND ANALYSIS As a preliminary marrer, this Office does not reader &pinions on hypothetical questions, conduct general reviews of local enactments or proposals to identify possible legal issues or evaluate the constitutionality of legislative enactments. See IOp. Atty. Gcn. 629a, May 9, 1975, Consequently, we are unable to render definitive opinions at fully address the complete range of issues implicit in your questions. We eau, however, offe4 tin following comments which we hope will be helpful to the committee in its deliberations. First, as you probably know, cities, as subdivisions f the state, have only those powers that are expressly granted by statute or charter, or are reaso le and necessary to implementation of such express powers. See, e.g., County. Joe, Inc. v. City of Eagan. 560 N.W.2d 681 (Miami. 1997). Second, in the exercise of their general express r implied powers, cities may not establish programs or procedures that are incompatible with statutes or address areas of the law that have been pttemptcd by state law either cap sly or by implication. See, e.g., LaCrescenr TIT v. City of LaCrescent, 515 N.W.2d 608 (Man_ Ct. app. 1994); Northwest Residence v. City of Brooklyn Park, 352 N.W.2d 764 (Mi CL .App. 1984). This principle applies notwithstanding the bread powers of self- goverr:maint generally exercised under home - rule charters. As noted by the Court in State cc- rd. To vn of Lowell v. City of Crookston, 202 Mime 526, 91 N.W24 81 (1958): The power conferred upon cities to frame and adopt tome rule charters is limited by the provisions tint such charter shall always be ' harmony with and subject to the constitution and laws of the state. Id. at 528, 91 N.W.2d at 83. In general, (a) direct conflict occurs when "the ordinance and the statute contain express or implied terms that arc irreconcilable;" (b) more specific-idly, an ordinance conflicts with state law if it "permits what the statute forbids;" (c) similarly, th is conflict if the ordinance "forbids what the statute expressly permits;" and (d) "no conflict exists where the ordinance, though different, is merely additional and compl °meatary to or aid and ntherance of the statute."