05-22-2008 Charter Packet - Laserfiche WebLink

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See League research memo A Model Charter for Minnesota Cities (100a.5). Any city may adopt a home rule charter. Of the 853 cities in the state, 107 now operate under a voter -approved home rule charter. A. Advantages of a home rule charter The home rule charter form of city government has advantages as well as disadvantages. Briefly, the advantages of home rule include the following: • Every home rule charter city may have the form of government and the range of local powers and functions desired by city residents. Residents of the city draft the charter locally. The electors of the city adopt it. Changes that are needed in the local government can occur locally instead of waiting to propose a new law when the Legislature is in session. • The entire home rule process educates the voters of the city. Some voters work on charter commissions. All voters must learn about the charter and amendments since they usually may vote on proposed changes. • A city charter may cover many functions and procedures, or it may be as simple as the statutory city form of government. Subject to state law, a home rule city, unlike a statutory city, has the power to make changes to fit its own needs by amending its charter. If state law is silent on a subject, local citizens may assume powers for their city by including those powers in their charter. Likewise, citizens may include limitations that are more stringent than those in the general state laws. For example, several home rule charters contain tax and debt limitations. • The cost of government under a city charter need not be greater or less than the cost of the statutory city form of government. • A charter may provide for initiative and referendum, recall, and election of council members by wards. B. Disadvantages of a home rule charter Disadvantages of home rule charters may include the following: • The experiences of other cities concerning the application of a charter or of the statutory city law are of little direct help to the home rule charter city. For example, the Supreme Court or the attorney general can give a ruling concerning a statutory city that, in most instances, will be equally applicable to all other statutory cities in the state. Rulings affecting a home rule charter usually concern only those cities that have very similar charter provisions. • Poor local drafting of the charter may be a problem. A city can minimize this potential difficulty by using model charters and relying on competent professional advice.