HomeMy WebLinkAbout- - What is a Charter Attachment 8 - 6/5/2012ATTACHMENT 8
What is a charter?
A city charter is a unique document that, in many ways, acts like a constitution for the
city adopting it. It can only be adopted, amended or repealed by a majority vote of a
city's voters. The primary advantage of a charter is that it allows greater authority for a
city's governance than that provided by state law. For example, a city may tailor its
organization and elective offices, taking into account the unique local conditions and
needs of the community.
A charter transfers the power to adopt legislation affecting municipal affairs from the
state legislature to the city adopting it. A city operating under a charter can acquire full
control over its municipal affairs. These affairs are unaffected by the general laws
passed by the state legislature on the same subject matters. This, in effect, gives the
local voters more control over their local government and the affairs of the city.
However, a city operating under a charter is still subject to the general laws, as passed
by the state legislature, on affairs that are not municipal in nature, and are of statewide
concern (e.g., California Vehicle Code).
It is the scope of the term "municipal affairs" that provides the opportunity for uncertainty.
No easy analytical test exists. The threshold issue is whether there is a conflict between
state law and a charter city enactment. The next issue is whether the state regulation
addressed an issue of "state wide concern." Courts analyze these conflicts on a case-
by-case basis.