Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1912-12-05
A Home Rule Charter
For Ohio Cities
-
ny Fred White.l

(Ry Fred Whitley
When the voters of Ohio on Septem-
Der Bird approved amendment No. 40,
they adopted the most complete home
rule provision of any state in the I'm
ion, with the possible exception of
California.
The trainers of the, amendment
sought to make clear and unequivocal
the extent of the local autonomy to
be granted to. municipalities; but GER
tain influences, which we need not
here discuss, succeeded in so amend
ing the proposal during its passage
that the full extent of the local pow
ers granted will not be known until
the highest courts of the state have
passed upon the section which pro-
vides that municipalities shall have
authority to exercise all powers of
local self government and to adopt
and enforce within their limits such
local police, sanitary and other regula-
tons as are not in conflitc with gen
eral laws"
1t is possible for an ultra7conserva-
tive court to hold this section to
mean that the General Assembly may
applying alike to all municipalities of
the state, and that such law will super
sede ordinances already adopted by
them. Such decision would be con-
sistent with the tendency of the courts
in most home rule states, where the
powers of local self government grant
ed to cities have almost uniformly
been interpreted under the rules of
strict construction. In some cases,
the constitutional powers have been
so narrowed by Interpretation as to
take away practically all local auto
nomy fro mthe cities except the bare
right to frame and adopt their own
charters
Broad Home Rule Powers Intended.
The friends of the home rule amend
ment feel, however, that if the sec
ton above referred to is considered
in connection with its context the
entire amendment-the courts can
hardly fail to hold that the clear in
tention of the Convention was to re-
serve to the cities the broadest pow
ers of local self government and to
limit the General Assembly in it's
legislation to those matters affecting
the welfare of the state as a whole
But whatever may be its decision on
the power of cities to legislate for
themselves in local matters, the courts
cannot restrict the right of cities to
frame their own charters. That pow
er is specifically granted and NO court
in any home rule state has yet at
| tempted to deny a city the right to
exercise it.
Methods of Securing Charter
Under the amendment as adopted a
municipality of Ohio has the option
of three ways of choosing it's form of
government. It may decide to con-
tinue to be governed by the present
amendments made thereto by the leg
islature. 1t may by vote of the people
decide to adopt one of the various
forms of government to be enacted by
the General Assembly and made sub
ject to adoption by any municipality,
such Is the commission form, city
manager form, or the so-called New
pom plan. Or it may elect a charter
commission of fifteen of it's own citi-
zens to frame a charter and submit it
to the voters of the municipality for
approval AS indicated in the Mayors
message of ten days ago Cleveland
will, of course, choose the latter
method. y%4-
Election OF Charter Commission :
The steps necessary to the opera
| ton of this method are in brief as fol
| lows: Any time after the amendment
goes into effect on November 18th,
1912, the city council may provide by
ordinance for the calling of any cleo
ton on the question "Shall a Com
mission be Chosen to Frame a New
Charter?" Provision shall be made
on the same ballot for the election, of
fifteen citizens who shall constitute
the commission. The names of can.
didates will appear without party
designation and will secure a place
on the ballot by a petition signed by
not less than two per cent of the
registered voters. The election may
be special or it may occur at the time
of the general municipal election,
provided it is not less than sixty nor
more than 100 days after the passage
of the ordinance. If a majority of the
voters cast an Affirmative vote on the
question then the fifteen persons re.
ceiVing the highest number of votes
will compose the Charter Commission.
! No provision is made in the amend
ment for compensation to the. mem.
bers of the Commission or it's ex-
penses. Usually no salary is attached
to the Office, but the ordinance must
at least provide for the expenses OF
the sessions of the Commission, the
cost of clerical service, and the ex7
penses for the advice of experts if any
are employed. The framing of the
charter will consume not less than six
months time and probably nine I or
| twelve months.
When the draft is completed the
Commission is given authority to call
special election for the adoption or
rejection of the charter so framed.
A copy of the draft must be mailed to
every voter in the city by the regular
election authorities, who will also
conduct the election. If the charter is
approved by a majority of those vot-
ing thereon lit becomes the funda-
| 1onfo1 1ou ~ ho oifu ond