What is a ‘Charter City’?
- In Minnesota, direct democracy is available at the local government level only to Home Rule Charter Cities
- A Charter is like a ‘Constitution’ for a City - as opposed to the default ‘Statutory City’ which follows predefined rules set by the State
- Powers are derived from a written, unique and local charter document (Statutory City Law prevails where a Charter is silent)
- Powers of the Charter are unlimited so long as they do not conflict with State and Federal law
- Charter Commission drafts and maintains the charter adopted by citizens.
Why Have a ‘Charter City’?
- Provide checks and balances to ensure responsible governance by elected officials and city staff
- Provides Afton citizens with direct representation processes to participate in ensuring responsible city governance
- The Charter will provide the City of Afton with a possible constitutional legal defense against expansion of the Metropolitan Urban Services Area (MUSA) line by the Metropolitan Council
- Afton citizens will have the means to challenge city council decisions that are unpopular, unnecessary, personal or politically motivated
- Provides the means for Afton citizens to propose ordinances for consideration by the city council and fellow citizens.
Overview of provisions contained in the proposed Home Rule Charter:
Chapter 1. Name, boundaries, Powers & General Provisions
- Declares City of Afton MN a Charter City
- Name, boundaries and most current provisions unchanged
- Provides the City with a possible legal defense against impositions by the Metropolitan Council
- Why this is desirable for Afton:
- Various provisions that have served Afton well over the years are instituted so that future city councils cannot arbitrarily change how Afton is governed. It also provides the City of Afton with a possible constitutional legal defense against expansion of the Metropolitan Urban Services Area (MUSA) line by the Metropolitan Council, so that Afton can retain its desire to remain rural and not be included with Woodbury, Lake Elmo and other cities for sewers and urban expansion.
Chapter 2. Form of Government
- Retains current “Weak-Mayor-Council” form
- Retains current Wards and Terms of Office
- Why this is desirable for Afton:
- Provides a legal basis for current practices that have served Afton well over the years and specifies operating parameters for council members to ensure that our elected officials serve the interests of the city and its citizens.
Chapter 3. Procedure of Council
- Retains and Formalizes many of the current procedures
- Requires unanimous City Council approval for adoption or amendment of Afton Comprehensive Plan
- Why this is desirable for Afton:
- Procedures for handling ordinances, resolutions and motions will ensure that all future city councils perform their duties in a prescribed, standard manner and avoid possible recriminations for elected officials and citizens. This chapter also defines the responsibilities and duties of the city council to adopt and maintain a current comprehensive plan to keep Afton in legal compliance of these requirements.
Chapter 4. Elections
- Retains and Formalizes current election procedures
- Adds Special Election procedures
- Why this is desirable for Afton:
- This chapter formalizes current city procedures to ensure that elections are compliant with state legal requirements. It also institutionalizes that city elections are non-partisan - the approach preferred by most Afton citizens.
Chapter 5. Initiative
- Provides the means for citizens to propose adoption of an ordinance
- 5 or more Afton city residents may form a committee and propose an ordinance by petition.
- The petition must be signed by at least 20% of the number of persons voting in the City of Afton in the last state general election before it can be submitted to City Council
- Why this is desirable for Afton:
- Have you ever wished you could propose the city adopt an ordinance or legislative measure that will improve conditions for the city and its citizens? As you know, there is no process currently for doing this and city councils have previously shut out such input from citizens. The Charter provides an Initiative process for citizens to propose an ordinance or other legislative measure for adoption by a majority vote.
Chapter 6. Referendum
- Provides the means for citizens to propose repeal of part or all of an ordinance passed by the City Council
- 5 or more Afton city residents may form a committee to undertake a referendum proceeding
- The referendum petition must cite the adopted ordinance that the committee seeks to reconsider and must be completed and submitted to the City Administrator within 60 days after the City Council has passed the ordinance in question
- The petition must be signed by at least 25% of the number of persons voting in the City of Afton in the last state general election before it can be submitted to City Council
- Why this is desirable for Afton:
- Have you ever considered a proposed city council ordinance or legislative measure to be wrong? Have you wished you could challenge a city council decision by petitioning for a referendum vote of citizens to consider proposed ordinances or legislative measures that significantly impact the Afton community? The Charter Referendum provision gives citizens the means to be heard more directly on these important issues and petition for a referendum for consideration by majority vote of citizens.
Chapter 7. Recall
- Provides the means for citizens to propose removal of an Elected City Officer
- Only grounds are malfeasance, nonfeasance or felony conviction of the officer which must be substantiated in a sworn affidavit by the petitioners
- Officer must be in office for at least 6 months
- Why this is desirable for Afton:
- Afton citizens elect council members every 4 years and mayor every 2 years. However, if an elected official is guilty of malfeasance or nonfeasance of duties or convicted of a felony while in office, Afton citizens currently have no process to get rid of such council person except by voting against the person at the next general election, which could be years away. The recall provision enables citizens to file a petition for consideration by majority vote, whether a non-compliant elected official should be removed from office.
NOTE: Initiative, Referendum & Recall have strict rules and high qualification thresholds to avoid abuse and frivolous petitions.
Chapter 8. Administration of City Affairs
- Defines and formalizes role of the City Administrator
- Defines Purchases, Contracts & Hiring procedures
- Why this is desirable for Afton:
- Most of us know or have heard about some of the shenanigans by previous Afton administrative staff. To help avoid these problems and possible harm to the city and citizens in future, the Charter defines rules and procedures for the city's administrative staff.
Chapter 9. Taxation and Finance
- Defines Budget, Tax and Bonding rules and limitations
- Tax levy increases may not exceed prior year amount plus CPI for MSP metropolitan area
- A budget reserve of at least 40 percent of the current year budget must be maintained - the Office of the State Auditor (OSA) recommends a 35% to 50% reserve
- Issuance of a bond or other borrowing obligation requires unanimous approval of City Council
- Why this is desirable for Afton:
- Not that long ago, Afton citizens were shocked and horrified by city council proposals to raise taxes by an exorbitant amount. That was not the first time a city council has proposed an unreasonable tax increase. With the Charter it will be the last time. The Charter also has provisions to ensure sound and prudent fiscal management of the city's funds, debt and borrowing.
Chapter 10. Miscellaneous and Transitory Provisions
- Defines requirements for Official Publications, Oaths of Office, No City Officer Interest in Contracts, Sales of Real Property
- Requires City Council supermajority approval for vacating streets by ordinance
- Why this is desirable for Afton:
- This chapter contains several provisions to ensure good city governance. It prohibits any city official from having any interest in city contracts or deriving any personal or financial benefit from city contracts. Proceeds from the sale of real property must first be used to retire any debt associated with that property. Rules to protect citizens are defined for vacating streets by the city.
Please view the complete proposed Home Rule Charter document for specific details on each provision.
See the Question & Answer page on this website for additional discussion about specific charter provisions.
Click on the Contact menu to contact the Afton Charter Commission by email
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