Charters Generally Flashcards

1
Q

Source

A

Art. 8, Sect. 1(g)

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2
Q

Created by.

A

Constitution.

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3
Q

What’s UNIQUE about having pwrs from Constitution?

A

Not subject to limit/expand by gen or spec laws.

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4
Q

What powers?

A

All pwrs of self govt.
NOT INCONSISTENT w/ gen. law or spec law (if spec law approved by electors.)
———-
How to remember: Charter’s “h” (as in C-H-A . . .) is alphabetically close to “i”nconsistent.

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5
Q

Search for pwrs pre-1968

A

Search for can. Assume can’t

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6
Q

Search for pwrs post-1968

A

Assume can. Search for limit.

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7
Q

Where look for CC pwr limits?

A

CHARTERS

  1. Preemption - constitutional or statutory.
  2. Charter inconsistency.
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8
Q

What ordinances may Charters pass?

A

Not inconsistent with gen or spec law (if those spec laws have been approved by electors.)
———–
NCs = Not inconsistent w/ gen or spec law (wh/ or not approved by electors).
———–
~confirmed. Art. 8, Sect. (1)(g).

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9
Q
CHARTERS
-----------
What 5 acts of Legis limit Charter pwrs?
-----------
How does that differ from non-charters & munis?
A
CHARTERS
-----------
Gen Law or Spec Act approved by voters.
> AND <
My medical Chart(er) is limited by PIE
-----------
1.  	Pervasive regulation
2.  	Implied preempt by assignment (DOT) or 
3.  	Express preempt.
-----------
Non-Cs & Munis:  General or special law.  ~~voters can't stop.  No req of voter approval.
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10
Q

How are Charter pwrs vulnerable?

A

Gen or spec law can diminish w/ voter approval.

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11
Q

CHARTERS

  • UNIQUE* about Charters, re: restricting pwrs.
A

No restriction by spec act unless app by voters.

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12
Q

CHARTERS

  • UNIQUE* about Charters, re: taxing authority.
A

“Public Service Tax”.
A tax authorized to munis extended to Charters via case law.

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13
Q

CHARTERS

  • UNIQUE* about Charters, re: recall provisions
A

Different recall provisions due to malfeasance in office.

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14
Q

CHARTERS

  • UNIQUE* about Charters, re: taxing authority.
A

Munis taxing authority extended to Charters via case law.
Ex. “Public Service Tax”.

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15
Q

What protections given Charter const. officers?
>Effective 2021

A
CHARTERS
-----------
Elections are the sole way to:
Abolish, 
Change 4  yr term or 
Transfer duties 
of const officers (Sheriff, Tax Coll, Prop Apprsr, Sup Elect, Clerk of Ct)
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16
Q

When did const. amendment protecting Charter const. officers apply?

A

Due to Const amend eff 1/5/2021 (but applied to 2020 election),

17
Q

How might charter itself preempt?

A

Can preempt munis or limit charter county’s pwrs.

18
Q

State 3 UNIQUE things re: Charters.

A

CHARTERS

  1. Legis cannot by spec act diminish w/o voter app.
  2. Can regulate countywide HOWEVER need dual resolutions, referenda “or as otherwise provided by law” to to transfer Muni services to Charter.
  3. Levy tax authorized by gen law countywide. Includes a tax authorized to municipalities (public services tax).
19
Q

What does Charter need to transfer services from Muni to Charter?

A
CHARTERS
-----------
To transfer services need:
1.    Dual resolutions.
2.   Dual referenda.
3.  "Or as otherwise provided by law."
20
Q

What might “or as otherwise provided by law” mean under transfer of powers?

A

Link to creation of entity separate legal entity under 163.
———–
By creating new entity, LG is transferring pwrs.

21
Q

Where does Charter County structure come from?

A

Charter approved by electorate.

22
Q

How change Charter County structure?

A

Amend charter w/ countywide referendum.

23
Q

State the powers of Charters, Non-Charters & Munis.

A

CHARTERS

(1) Charter - self govt, NOT INCONST. [c’H” close to ‘I’]
(2) N-C - self gvt, AS IS PROVIDED. [low take ‘as is’]
(3) Muni - corp, prop, govtl, for govt, functs, & services, EXCEPT AS OTHERWISE provided. [mEXi muni]