Charter Government

The Cape Girardeau Area Chamber of Commerce’s Government and Public Policy Committee began discussion of county charter government in the fall of 2007. In Summer 2008, that committee’s Charter Sub-Committee requested that the League of Women Voters of Southeast Missouri join the committee’s discussions and provide research and background information. (Our League had participated in the charter for the city of Cape Girardeau which was approved in 1981.) The League formed an ad-hoc committee to perform a neutral study of charter county government and provided those findings to the Chamber committee during the Fall 2008 meetings. A compilation of that information in the form of frequently asked questions was presented to the County Charter Sub-Committee on November 20, 2008. The FAQ document follows this introduction. Copies are available to the public through the Chamber office. Since then, LWVSEMO members have presented this information to the Cape Girardeau County Rotary Club in June 2009 and the Leadership Cape class sponsored by the Cape Girardeau Area Chamber of Commerce in August 2009.

The topic was again addressed at the League October 2009 Forum. The forum was covered by the Southeast Missourian's reporter Brian Blackwell. The following is a link to his article: League Presents Charter Government.

Current League Committee: Jan Miller, Mary Ellen Sharp, Dottie Cruce, JoNell McNeely, Marcia Ritter, Kara Clark Summers.

FREQUENTLY ASKED QUESTIONS ABOUT

MISSOURI COUNTY CHARTER GOVERNMENT

Prepared by

The League of Women Voters of Southeast Missouri

January 2009

How are Missouri counties organized?

"Counties are the oldest form of local government in America. The first counties in Missouri were established in 1812, even before Missouri became a state. Today, counties operate under state authority, providing public services to people and businesses. Functions of counties include: finance (i.e. collecting taxes), law enforcement (i.e. operating county jails), road building and maintenance (i.e. snow removal), land use (i.e. planning and zoning), and county administration (i.e. facilitating voting)."

Source: Citizenship Education Clearing House (CECH), College of Education, University of Missouri - St. Louis and University Outreach & Extension http://www.umsl.edu/divisions/education/cech-up/student/county-gov/

"Missouri is divided into 114 counties and one city (City of St. Louis) by the Revised Statutes of Missouri, RSMo. § 46.040. Each county is a political subdivision of the State for governmental, political, and public purposes. Missouri courts have defined the county as "a territorial subdivision [of the state], a quasi corporation … invested with corporate powers for certain purposes." Reardon v. St. Louis County, 36 Mo. 555 (1865). Counties are not municipal corporations (except for charter counties), but share many of the characteristics of municipal corporations and in many cases assume many municipal functions."

Source: Peter W. Salsich, Jr., Constitutional and Statutory Sources of Local Government Authority, 1 Missouri Local Government Law (2d ed.), Chapter 1 (Mo. Bar 1990). http://www.law.missouri.edu/freyermuth/local/structure.htm

What are the classifications of Missouri counties?

“All counties of this state are hereby classified, for the purpose of establishing organization and powers in accordance with the provisions of section 8, article VI, Constitution of Missouri, into four classifications determined as follows:

“Classification 1. All counties having an assessed valuation of six hundred million dollars and over shall automatically be in the first classification after that county has maintained such valuation for the time period required by section 48.030; however, any county of the second classification which, on August 13, 1988, has had an assessed valuation of at least four hundred million dollars for at least one year may, by resolution of the governing body of the county, elect to be classified as a county of the first classification after it has maintained such valuation for the period of time required by the provisions of section 48.030.

“Classification 2. All counties having an assessed valuation of four hundred fifty million dollars and less than the assessed valuation necessary for that county to be in the first classification shall automatically be in the second classification after that county has maintained such valuation for the time period required by section 48.030.

“Classification 3. All counties having an assessed valuation of less than the assessed valuation necessary for that county to be in the second classification shall automatically be in the third classification.

“Classification 4. All counties which have attained the second classification prior to August 13, 1988, and which would otherwise return to the third classification after August 13, 1988, because of changes in assessed valuation shall remain a county in the second classification and shall operate under the laws of this state applying to the second classification.”

Source: Missouri Revised Statutes, Chapter 48, Section 48.020

What is the classification of Cape Girardeau County?

"Cape Girardeau County is a first class County with an assessed valuation of $713,989,274 in 2001 and a population of 68,693 (US Census - 2000)."

Source: Cape Girardeau County web page http://www.showme.net/~capegadm/about%20the%20county.htm

For 2006, the Cape Girardeau County population was 71,892, according to the United States Census 2006 County Population Estimates. The assessed valuation was $946,784,123, for 2006 taxable properties, according to the Missouri State Tax Commission.

Source: Missouri Secretary of State

http://www.sos.mo.gov/moroster/county_officials.pdf

What types of county governments do the Missouri Constitution and the Missouri Revised Statutes allow?

“The Missouri State Constitution divides counties into four classes based on the total value of all property in the county. Generally, all counties within the same class have the same powers and duties under state law. First class counties can design their own governmental structure under a home rule charter.

“Although every county government is somewhat unique, each county has both legislative and administrative positions. The two most common organizational models of county government in Missouri are outlined below.

“1. County Commission Model

Most counties in Missouri have a county commission composed of three elected officials. One, the presiding commissioner, is elected countywide and serves four years; the other two associate commissioners represent half county districts and only serve two-year terms. Commissioners have both legislative and executive functions.

“2. County Executive Model

Charter counties, which include Jackson, St. Charles, and St. Louis counties, divide legislative and executive authority between a county council of 7 to 9 members and an elected county executive. Under the county executive model, the council makes the laws for the county, while the executive carries the law into effect. The county executive is elected by the voters of the entire county, while most (Jackson) or all (St. Charles, St. Louis) of the council members are elected from districts within the county.”

What type of government does Cape Girardeau County currently have?

Cape Girardeau County has a county commission government, as described in Article VI of the Missouri Constitution and Chapter 49 of the Missouri Revised Statutes.

“The county court shall be known as the "county commission" and shall be composed of three members, to be styled "commissioners" of the county, and each county shall be districted by the commissions thereof into two districts, of contiguous territory, as nearly equal in population as practicable, without dividing municipal townships.”

Source: Missouri Revised Statutes, Chapter 49, Section 49.010

“At the general election in the year 1996, and every four years thereafter, the voters of each of the districts shall elect a county commissioner, who shall hold his office for a term of four years and until his successor is duly elected and qualified; and at the general election in the year 1882, and every four years thereafter, the presiding commissioner of the county shall be elected by the voters of the county at large, who shall hold his office for the term of four years and until his successor is duly elected and qualified. Each commissioner shall be a resident of the county and each commissioner elected from a district shall be a resident of the district from which such commissioner was elected. Each commissioner elected under the provisions of this chapter shall enter upon the duties of his office on the first day of January immediately after his election.”

Source: Missouri Revised Statutes, Chapter 49, Section 49.020.

Can citizens of a county that does not have a charter government make changes to its current government? For example, can we keep the current commission format, but make some changes for our county, such as the number of commissioners?

No. County governments must adhere to the Missouri Constitution and Missouri Revised Statutes. Any variation would require a constitutional amendment.

What is charter government for Missouri Counties?

"Missouri's current constitution was adopted in 1945. It groups Missouri's counties into four classes. First-class counties, by a majority vote, can choose not to utilize the form of county government provided by the state constitution. Instead, they can adopt a "home-rule" charter that sets out a different governmental structure. Counties begin this process either when their existing county government places the measure on the ballot, or when a petition is gathered with enough signatures and submitted to the County Clerk."

“Without charter government, Missouri counties have very limited authority to pass new ordinances and laws. While counties with smaller populations may not need such flexibility, the Missouri constitution affords "first-class" counties (those with larger populations and assessed valuations) to govern themselves by writing and adopting a charter. Because the adoption of charter government means that the county gains new abilities to manage its affairs on its home territory, charter government is sometimes referred to as ‘home rule’."

Source: Jefferson County (Missouri) Charter Commission 2008

http://www.jeffcocharter.org/faq/

Which Missouri counties are eligible for charter governments?

“Any county having more than 85,000 inhabitants, according to the census of the United States, may frame and adopt and amend a charter for its own government as provided in this article, and upon such adoption shall be a body corporate and politic. In addition and as an alternative to the foregoing, any county which attains first class county status and maintains such status for at least two years shall be authorized to frame and adopt and amend a charter for its own government as provided by this article, and upon such adoption by a vote of the qualified electors of such county shall be a body corporate and politic. Counties which adopt or which have adopted a charter or constitutional form of government shall be a separate class of counties outside of the classification system established under section 8 of this article.”

Source: Missouri Constitution, Article VI, Section 18(a)

Cape Girardeau County is a first-class county, but has fewer than 85,000 residents. Does that exclude Cape Girardeau County from having charter government?

No. As stated in the Missouri Constitution, Article VI, Section 18(a), the citizens of any first class county (that maintains that status for at least two years) can approve a charter government by a vote.

Which Missouri counties have charter governments or have considered and rejected charter governments?

These Missouri counties have charter governments: St. Louis County, Jackson County, and St. Charles County. Jefferson County recently approved a charter government.

"St. Louis County has operated under such a charter since 1950. Jackson County (Kansas City) adopted a charter in 1970 after several tries. In its second effort, St. Charles County adopted a charter in 1992. Several other counties have considered and voted on charter proposals: Buchanan County in 1949 and 1974, Clay County in 1969 and 2005, Greene County in 1980, and Boone County in 1982. Jefferson County voted to appoint charter commissions in 1972 and 1986, but voters did not pass the documents written by those commissions. In 1996, a ballot measure to appoint a third charter commission did not carry a majority. In 2007, the group Citizens for Charter Government collected nearly 10,000 signatures, and the current Charter Commission was appointed in December 2007. "

Source: Jefferson County Charter Commission 2008

http://www.jeffcocharter.org/faq/

What is home rule?

"This is the system adopted in many states of the United States by which a city is given the right to draft and amend its own charter and to regulate purely local matters without interference from the state legislature. In 1875, Missouri adopted the first municipal home rule clause in its constitution; other states have followed its lead."

"municipal home rule." The Columbia Electronic Encyclopedia.

16 Oct. 2008 <http://www.infoplease.com/ce6/history/A0824051.html>

Why is charter government being discussed? Who initiated this process?

Several members of the Government & Public Policy Committee of the Cape Girardeau Area Chamber of Commerce began looking at county charter in 2007. The city of Cape Girardeau adopted a charter in the 1980’s and many believed it is a more accountable, efficient system of checks and balances for government operations. The committee then asked for help from The League of Women Voters and the Jackson Chamber of Commerce to research the topic.

What is the first step toward changing to a county charter government?

“First-class counties, by a majority vote, can choose not to utilize the form of county government provided by the state constitution. Instead, they can adopt a "home-rule" charter that sets out a different governmental structure. Counties begin this process either when their existing county government places the measure on the ballot, or when a petition is gathered with enough signatures and submitted to the County Clerk.”

Source: Jefferson County Charter Commission 2008

http://www.jeffcocharter.org/history/

“Whenever a petition for a commission, signed by qualified electors of the county numbering ten percent of the total vote for governor in the county at the last preceding general election, is filed with the county commission or other governing body, the officer or body canvassing election returns shall forthwith finally determine the sufficiency thereof and certify the result to the governing body, which shall give immediate written notice of the petition to the circuit judges of the county.”

Source: Missouri Constitution, Article VI, Section 18(f)

How would a charter commission be chosen?

Members would be selected by Missouri Judicial Circuit Court Judges from among Cape Girardeau County citizens who submitted applications. The commission will consist of seven Democrats and seven Republicans.

“Within sixty days thereafter said judges shall appoint a commission to frame the charter, consisting of fourteen qualified electors who shall serve without pay and be equally divided between the two political parties casting the greater number of votes for governor at the last preceding general election.”

Source: Missouri Constitution, Article VI, Section 18(g)

“If the question is approved, the circuit judges of the circuit where such county is located shall, within sixty days after certification of the election results by the election authority, appoint a commission to frame the county constitution, consisting of fourteen residents of the county who shall serve without pay and be equally divided between the two political parties casting the greater number of votes for governor at the last preceding gubernatorial election.”

Source: Missouri Constitution, Article VI, Section 18(n).

What is the application process for commission membership?

This can be determined but would be an open and fair selection process.

What are the duties of the charter commission?

The charter commission has one year from the date of their appointment to write a charter document and submit it to a vote of the people. If a majority of county voters choose to adopt the charter, it will become the new basic law of the county.

How could citizens of Cape Girardeau County give input to the commission and keep informed of its activities?

We would assume that open forums and written opportunities would be provided the citizens much like other plans (Vision 2020, Transportation Trust Fund, etc.)

What elections must be held?

Citizens of the county must first vote to form a charter commission to write the charter document. If that is approved then citizens vote to approve or disapprove the newly written charter.

If passed by the voters, when does the new charter government take effect?

“The charter framed by the commission shall take effect on the day fixed therein and shall supersede any existing charter or government, if approved by vote of a majority of the qualified electors of the county voting thereon at a special election held on a day fixed by the commission and not less than thirty days after the completion of the charter nor more than one year from the day of the selection of the commission.”

Source: Missouri Constitution, Article VI, Section 18(h)

Is a super majority needed to adopt a charter for Cape Girardeau County?

No. A simple majority is the requirement.

Will the citizens of a county have less control and influence over their county government with a charter?

The amount of control by the citizens of a county will depend on the provisions of the charter. For example, a charter may provide both executive and legislative branches of government for checks and balances. A charter may provide for more than three legislators. A charter may provide for legislators who represent districts within a county, legislators from the county at large, or a combination of these. Districts created by population can be reapportioned after censuses.

What will happen to the elected officials currently in office if charter government is enacted?

“Any elected county official whose office may be abolished or consolidated with another office as a result of the change of the county from one class to another shall continue to hold the office to which he was elected for the term for which he was elected. Any office which may be established as a result of the change of the county from one class to another shall be filled in accordance with the provisions of the law relating to the filling of vacancies for such office.”

Source: Missouri Revised Statutes, Chapter 48, section 48.050

Can county government officials be elected or appointed?

The county auditor must be appointed.

“In all counties of the first class having a charter form of government there shall be a county auditor who is the budget officer and accounting officer of the county and who shall perform all the duties imposed by the county budget law upon the budget officer and accounting officer. The county commission shall appoint and fix the compensation of some competent person as county auditor, who shall serve for a term of four years from and after the first day of January, 1947, and until his successor is duly appointed and qualified. In case of a vacancy in the office of county auditor caused by death, resignation or otherwise, the county commission shall appoint some qualified person for the unexpired term of the county auditor. The county commission shall employ and fix the compensation of clerical and other assistants to the county auditor necessary to enable him to efficiently perform his duties.”

Source: Missouri Revised Statutes, Chapter 55, section 55.010.

Other offices are dependent upon the language of the charter and therefore up to a vote of the people.

If the County votes to adopt a charter form of government, does it mean that taxes will increase automatically?

No. Tax increases can only be passed by a majority of County voters. This is addressed in the Missouri Constitution, Article VI, Section 18(d): “The county shall only impose such taxes as it is authorized to impose by the constitution or by law.”

Is charter government more expensive than the current commissioner form of government?

This is solely dependent on how the charter is written and therefore impossible to determine short or long term. See next question.

If the County votes to adopt a charter form of government, does it mean that salaries of county officials will increase?

For non-charter counties, salaries of county officials are set by a salary commission, as described in the Missouri Revised Statutes, Chapter 49, Section 49.082 and Chapter 50, Section 50.333.

For charter counties, the county charter sets the county official positions and their salaries.

“The charter shall provide for its amendment, for the form of the county government, the number, kinds, manner of selection, terms of office and salaries of the county officers, and for the exercise of all powers and duties of counties and county officers prescribed by the constitution and laws of the state.”

Source: Missouri Constitution, Article VI, Section 18(b)

Is an appointed county executive required for charter counties?

No. The county executive can be appointed by the county legislature or can be elected, as specified in the county’s charter. For St. Louis County, Jackson County, and St. Charles County, the county executive is elected. The county executive could appoint staff to administer the county.

Do county charter governments require planning and zoning?

No. Counties with charter governments have authority for planning and zoning, but it is not required. Any planning and zoning must be approved by county citizen vote.

“In all counties of the first class, except counties of the first class not having a charter form of government, the county commission is authorized and empowered to provide for the preparation, adoption, amendment, extension or carrying out of a county plan and to create by order a county planning commission with the powers and duties as set forth in sections 64.010 to 64.160.”

Source: Missouri Revised Statutes, Chapter 64, Section 64.010.

How do charter governments handle eminent domain?

Any eminent domain legislation would have to conform to state law. There would be no differences.

Can county charters be amended?

Yes. “All amendments to such charter approved by the voters shall become a part of the charter at the time and under the conditions fixed in the amendment.”

Source: Missouri Constitution, Article VI, Section 18(k)

Where can I access the Missouri official publications cited in this document?

You can read and research the Missouri Constitution and the Revised Statutes of the State of Missouri on the Missouri Secretary of State web page or at most of the area libraries.

The Missouri Constitution is the ultimate legal authority in the state, subject only to the supremacy of the United States Constitution. Also, it is printed in volume 20 of the Revised Statutes.

Webpage: http://www.moga.mo.gov/homecon.asp

Southeast Missouri State University, Kent Library, Missouri Documents:

MO/SS 5:C 76/2005

Cape Girardeau Public Library, Missouri Documents: MO.DOC SS 5:C 76/2003

Riverside Regional Library: R 342.778 CON

Jackson Public Library: R 342.023 C766

The Revised Statutes of the State of Missouri, a twenty volume set, is a compilation of various statutory enactments of the state. The General Assembly of Missouri has enacted the laws.

Webpage: http://www.moga.mo.gov/statutesearch/

Southeast Missouri State University, Kent Library, Missouri Documents:

MO/GA.Leg 5:St 2/2000

Cape Girardeau Public Library: R 345.22 MIS

Riverside Regional Library: R 348.778 MIS

Jackson Public Library: R 348.778

Contact Information - lwvsemo@starband.net