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05-22-2008 Charter Packet
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05-22-2008 Charter Packet
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5/22/2008
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CHAPTER 4 <br />• Anyone looking for the applicable law relating to a home rule charter city must <br />consult not only the statutes, but also the particular home rule charter. Only a <br />few collections of home rule charters exist. When seeking advice, an up-to- <br />date copy of a city charter is of utmost importance to ensure the advice is <br />accurate. <br />• The cost of preparing a home rule charter should be relatively minor. The <br />smaller the community, the larger the cost in proportion to population. <br />• The process for amending a charter is often time-consuming and cumbersome, <br />and the procedure for abandoning a charter may also be complicated. <br />• Charter amendments can be difficult to pass, especially when they are <br />controversial. Sometimes supporters or opponents of the proposal, in order to <br />bypass local opposition or to avoid dividing the community, go to the <br />Legislature for a solution. This action tends to defeat the original purpose of <br />adopting a charter. <br />C. Essentials of a good home rule charter <br />Because of the difficulty in amending and abandoning a home rule charter, the <br />charter should deal with fundamentals and give the city council the authority to <br />provide more detailed regulations through ordinance. Simplicity and brevity are <br />essential to a good charter. A charter should be brief enough to be read in a <br />reasonable amount of time. Provisions should be simple and clear in order to <br />avoid the possibility of more than one interpretation. <br />Another essential element of a good charter is a comprehensive grant of power to <br />the city in general terms. Because cities are organized to promote the welfare of <br />the people, and people are in control of their affairs in a charter city through their <br />elected representatives and charter commission members, citizens should not be <br />afraid of entrusting city government with a wide range of powers. If citizens feel it <br />necessary, the charter can include initiative, referendum, and possibly recall <br />provisions as additional checks to prevent the abuse of power. <br />A good city charter provides for a workable, responsive organization of the city <br />government. It is simple so that all citizens and officials understand it. Its design <br />eliminates red tape and makes city government more effective by reducing the <br />number of working parts. It encourages and rewards expertise and efficiency in <br />the administration of the city. <br />4-6 <br />HANDBOOK FOR MINNESOTA CITIES <br />
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