Charters Generally

Question 1

Source

Answer 1

Art. 8, Sect. 1(g)

Question 2

Created by.

Answer 2

Constitution.

Question 3

What’s UNIQUE about having pwrs from Constitution?

Answer 3

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

Question 4

What powers?

Answer 4

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.

Question 5

Search for pwrs pre-1968

Answer 5

Search for can. Assume can’t

Question 6

Search for pwrs post-1968

Answer 6

Assume can. Search for limit.

Question 7

Where look for CC pwr limits?

Answer 7

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

Question 8

What ordinances may Charters pass?

Answer 8

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).

Question 9

What 5 acts of Legis limit Charter pwrs?
———–
How does that differ from non-charters & munis?

Answer 9

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.

Question 10

How are Charter pwrs vulnerable?

Answer 10

Gen or spec law can diminish w/ voter approval.

Question 11

UNIQUE about Charters, re: restricting pwrs.

Answer 11

No restriction by spec act unless app by voters.

Question 12

UNIQUE about Charters, re: taxing authority.

Answer 12

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

Question 13

UNIQUE about Charters, re: recall provisions

Answer 13

Different recall provisions due to malfeasance in office.

Question 14

UNIQUE about Charters, re: taxing authority.

Answer 14

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

Question 15

What protections given Charter const. officers?
>Effective 2021

Answer 15

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)

Question 16

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

Answer 16

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

Question 17

How might charter itself preempt?

Answer 17

Can preempt munis or limit charter county’s pwrs.

Question 18

State 3 UNIQUE things re: Charters.

Answer 18

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).

Question 19

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

Answer 19

To transfer services need:
1. Dual resolutions.
2. Dual referenda.
3. “Or as otherwise provided by law.”

Question 20

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

Answer 20

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

Question 21

Where does Charter County structure come from?

Answer 21

Charter approved by electorate.

Question 22

How change Charter County structure?

Answer 22

Amend charter w/ countywide referendum.

Question 23

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

Answer 23

(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]