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as a n i y an \‘ By SHERRY SMITH Staff Writer Probably the most talked about and yet the most misunderstood issue on the April 7 ballot is whether Sectalians should form a commission to write a city charter. Contrary to what some may believe, a city charter is not a form of government. It is a constitution, or a framework, for the city’s operation. The document establishes the city’s structure of government and lists what officials shall be elected, their terms, duties and how they shall be elected. A charter, in effect, provides a municipality the opportunity for “home rule,”’ allowing it to govern itself, to a large extent, without being dependent on legislative action in Jefferson City. It gives a city greater flexibility to meet local conditions and a stronger role in running its affairs than non-charter cities have. Non-charter cities must operate in strict accordance with the provisions of the applicable state law and, if they desire changes, must have the Legislature change the law. “Charters allow people to have more control over their destiny,” says James Westbrook, University of Missouri- Columbia law professor and author of the book, ‘‘A Model Charter for Missouri Cities.” “It shifts some of the decision making from Jefferson City to the local people. A charter for cities is not a new concept in Missouri. In fact, it was the first state to provide for municipal home rule. This innovative provision in its 1875 constitution applied to cities with more than 100,000 population. The 1945 constitution reduced that population requirement to 10,000 to permit more cities to obtain home-rule Status. In 1971, Missouri voters amended the constitution to permit even more cities to adopt charters and to expand the powers of all home-rule municipalities. The amendment lowered the population requirement to 5,000. More important, it expanded home-rule powers by stating charter cities would have all powers that are not specifically denied or limited by the charter, state statutes or the constitution. Before the amendment, home-rule cities were required to specify powers in the charter. “The changed status of the charter should make it possible to draft charters which are less detailed than those currently in use in Missouri,’’ Westbrook says in his book. ‘‘The principal advantage of this new approach is that there is no danger of losing a particular power by failing to specifically list it in the charter.’ Twenty-two cities, accounting for more than half of Missouri population, have adopted charters. The feature that attracts many cities to home rule is the freedom from state statutes in organizing their governments. A non-charter, third-class city such as Sedalia has the option of adopting one of three forms of government — council mayor, council-city manager, or commission. Without a charter, it is restricted by state statutes governing third-class cities in how it organizes the government. For example, state statutes dictate that a city adopting the council-manager form must elect a council composed of five members at large on a non-partisan basis. The council selects one of its members as mayor, who has a vote in matters but no veto power. But a charter city adopting the same form could elect any number of councilmen any way they wanted to and on a partisan basis if it so desired. The mayor also could be elected at-large and given veto power. On the other hand, a charter city with a council-mayor form could elect all of its councilmen at-large or use a combination of wards and at-large elections. A third class city must elect eight councilmen, two from each of four wards, according to statutes. A charter city may determine for itself the terms of elected officials. Under a council-mayor torm in a third-class city, councilmen are required by statutes to serve two-year terms and the mayor a four year term. The councilmen and mayor under a council-manager form must serve three-year terms. It also may decide which officials are elected or appointed. Statutes require third-class cities with a council-mayor form such as Sedalia to elect a city attorney, police judge, collector and treasurer. Under home rule one or more of these positions may be made appointive. Eligibility requirements for elected officials also may be altered under a city charter. Other organizational advantages of home rule include the ability to combine city functions, such as police and fire protection. The powers, responsibilities and membership of city boards and commissions,may be modified, such as changing a park board from a policy making commission to an advisory group. Restrictions on powers of the council may be written into the charter, such as prohibiting former council members from holding any compensated appointed city office or job until a year after their terms expire. The duties of elected officials may be increased or decreased under a charter. Home rule also allows cities increased powers because they do not have to rely on the state Legislature to grant them authority. For example, third-class cities can only license those busineses and occupations listed in state statutes. A charter city may license any type of business or occupation, not exempted by statutes, that it chooses. It doesn’t have to list them in its charter as required before the 1971 amendment. A home-rule city may levy an earnings tax on non-residents, but would have to obtain voter approval because of the Hancock amendment. Only two charter cities — Kansas City and St. Louis, both of which received authorization from the Legislature to do so — have an earnings tax A charter would not raise tax rates. The City Council sets the rates on property and other types of taxes. Any new tax or tax increase would be subject to voter approval under the Hancock amendment A city with home rule could pass an ordinance giving its municipal judge the authority to issue search warrants for building, health and fire code inspections. Missouri law now only provides for the issuance of search warrants to search for evidence in a crime. Most important, home rule gives a city the opportunity to take advantage of the powers of initiative, referendum and recall, allowing voters to propose an ordinance, repeal an ordinance or remove an elected official from office. These powers give voters more control over their city government. Living in a third-class city with a council-mayor form of government. Sectalians do not have these powers now. Other powers a charter city may assume, if it so desires, include: establishment of conditions in the charter under which elective offices are vacated, including excessive absenteeism. ¢ Conducting its own elections. ¢ Provision in the charter for an annual audit. Sedalia is not required by state law to be audited annually, although it is. A charter could ensure that an audit is conducted annually and that the practice is not abandoned. * Provision in the charter for a capital improvements budget. The city could set aside a funded reserve account for new equipment and building projects separate from the city’s operating budget to ensure there is money to spend on these items, says City Administrator Dick Williams. ¢ Flexibility to keep up with the times. For example, when cable television first came along, state law had to be changed in order for cities to take advantage of it. However, a charter city is able to conduct local affairs without having to rely on action by the Legislature. Here are some other points to remember about city charters. ¢The adoption of a charter does not necessarily mean a change in a city’s form of government. ¢Existing city ordinances, pending actions and contracts will not be affected by a charter. eA charter would not increase the number of employees on the city payroll The council would still have control over the creation of new positions within city government. eA charter would not restrict the council’s actions. It would provide the council more freedom to govern the city’s operations because it wouldn't be restricted by state statutes. If Sectalians decide they want to frame a city charter, they will elect a 13-member commission April 7 to write the charter. The commission, which would meet in public session, would have one year to draft a charter. Commissioners would serve without pay. When the charter was completed, voters would have the chance to accept or reject it. SH LL
Newspaper Details
Sedalia Democrat
Sedalia, Missouri, US
Fri, Mar 20, 1981
Page 20
Full Page
Clipped by
Charity W.
USA 27 Jun 2026
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