History of Charter Government

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Letitia Gilmore
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2 History of Charter Government Dates back to the time before statehood. In the 1800s, in order to become a city, a community would have to request special enactments by the territorial or state legislature to spell out the new city s powers. In 1866, Congress passed the Harrison Act, prohibiting special enactments for cities, and requiring that cities be created under general law of the state legislatures.

3 History of Charter Government General Laws gave all cities the same powers, assuring uniformity in the authority of cities. General Law cities are also known as statutory cities since their powers and authorities are detailed in state statutes. When Arizona adopted its state constitution in 1912, it borrowed portions of the Oklahoma state constitution regarding both general law cities and charters for cities.

4 Dillon s Rule vs. Cooley Doctrine "Municipal corporations owe their origin to, and derive their powers and rights wholly from, the legislature. It breathes into them the breath of life, without which they cannot exist. As it creates, so may it destroy. If it may destroy, it may abridge and control." John F. Dillon Iowa State Supreme Court ( )

5 Dillon s Rule vs. Cooley Doctrine Local government is [a] matter of absolute right; and the state cannot take it away. [i]t is axiomatic that the management of purely local affairs belongs to the people concerned, not only because of being their own affairs, but because they will best understand, and be most competent to manage them. Thomas M. Cooley Chief Justice, Michigan State Supreme Court ( )

6 Dillon s Rule vs. Home Rule States All fifty states have been identified as either Dillon s Rule States or Home Rule states depending on the states ability to override local authority based on issues of statewide concern. When Arizona adopted its state constitution in 1912, it borrowed portions of the Oklahoma state constitution regarding both general law cities and charters for cities. Arizona is considered a Dillon s rule state but balanced the local control argument with the ability to adopt charter government.

7 What is Charter Government? A city s charter is like its own constitution, laying out basic governing procedures for the city. A charter must be adopted by local voters and can only be amended by local voters.

8 What is included in a Charter? The authority from a charter allows a city to adopt provisions that may be more strict or more lenient than what is provided in state law. The authority is defined and shaped by court decisions about what constitutes a local concern and what constitutes a statewide concern. The administrative structure of a city has been the area of greatest discretion provided by the courts.

9 Examples of Charter Provisions Structure number of councilmembers, direct election of mayors, district form of government, council-manager form of government, election nomination process. Planning, Zoning and Subdivision Regulation development agreement requirements, property maintenance codes. Investment of City Funds charter cities are exempt from the state law on investment of public funds.

10 Examples of Charter Provisions Personnel Regulations number of provisions related to labor relations, personnel boards, grievance procedures, etc. Limitations Term limits Taxing authority Land preservation Passage of specific ordinances (e.g. collective bargaining) Most popular provisions Most popular provisions council-manager, direct election of the mayor, district form of government.

11 Examples of Charter Provisions In the last two decades, most of these most popular provisions have been placed into state statute. This allows all cities and towns the opportunity to adopt these provisions into their local codes. The last charter to be adopted was by the City of Holbrook in 1994.

12 Charter Prerequisites A community wishing to adopt a charter must be a city. If a town wishes to adopt a charter, it must first go through the election process to become a city. Any city wishing to adopt a charter must have a population of at least 3500 people.

13 How a City Adopts a Charter Adopting a charter requires a vote of the city s registered voters. There are two ways to initiate the charter process: The City Council may put the question of charter adoption before the people at an election. or A petition requesting that the issue of a charter be put to a vote is submitted to the city, signed by 25 percent of the voters who voted in the last city election.

14 How a City Adopts a Charter Fourteen people must be chosen to draft the charter. They are called the Board of Freeholders and stand for election with the ballot question on the charter. If the charter question is approved by the voters, the elected Board of Freeholders is given 90 days to draft the charter. The completed draft is submitted for review to the city council. Proposed charter is then published in the paper for three consecutive weeks.

15 How a City Adopts a Charter An election is then held on the charter. If approved, the charter becomes the law of the city, subject only to the approval of the Governor (who assures that it is not in conflict with State law). Charter is also reviewed by the Justice Department.

16 Charter Cities Today Phoenix (1913) Tucson (1929) Mesa (1967) Chandler (1965) Glendale (1957) Scottsdale (1961) Tempe (1964) Peoria (1983) Yuma (1914) Avondale (1959) Flagstaff (1958) Goodyear (1987) Casa Grande (1975) Prescott (1958) Nogales (1926) Douglas (1982) Winslow (1957) Bisbee (1988) Holbrook (1994) Tombstone (1881)

17 Unsuccessful attempts Lake Havasu City Sierra Vista Bullhead City

18 Questions?

EXPLORING CHARTER GOVERNMENT FOR YOUR CITY. Prepared by

EXPLORING CHARTER GOVERNMENT FOR YOUR CITY Prepared by League of Arizona Cities and Towns 1820 West Washington Street Phoenix, Arizona 85007 (602) 258-5786 www.azleague.org November 2017 TABLE OF CONTENTS