05-22-2008 Charter Packet - Laserfiche WebLink

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Minn. Const. art. XII, § 4. Minn. Stat. §§ 410.04- 410.33. Minn. Stat. § 410.33. Minn. Stat. ch. 412. Chapter 4 The home rule charter city Minnesota's two basic types of cities are home rule charter cities (operating under a local charter) and statutory cities (operating under the statutory city code). This chapter will examine the organization and general powers of the home rule charter city. The following topics will be discussed: I. Distinction between home rule cities and statutory cities II. The home rule charter III. General powers of a home rule charter city W. Conflict between state laws and home rule charters V. How charter cities should use the Handbook I. Distinction between home rule cities and statutory cities The major difference between home rule cities and statutory cities in Minnesota is the kind of enabling legislation from which they gain their authority. Statutory cities derive their powers from Chapter 412 of Minnesota Statutes. Home rule cities obtain their powers from a home rule charter. The distinction between home rule cities and statutory cities is one of organization and powers, and is not based on differences in population, size, location or any other physical feature. The Minnesota Constitution permits the Legislature to establish home rule charter cities, counties, and other units of local government. State law enacted under this constitutional authority authorizes cities to adopt home rule charters. Home rule charter cities can exercise any powers in their locally adopted charters as long as they do not conflict with state laws. 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. State law provides that if a charter is silent on a matter that is addressed for statutory cities by Chapter 412 or other general law, and general law does not prohibit the city charter from addressing the matter or expressly provide that a city charter prevails over general law on the matter, then the home rule charter city can apply the general law on the matter.