[Charter-Com] Repost: Re: Can we legally put this in the Charter?

[Tony Becker]

This message was originally sent to the Charter Commission outside of the listserv.  It has been forwarded to the list so that the list's archive is more complete.  The original sender was Tony Becker.

----- Forwarded Message -----
From: "Tony Becker" <awbecker at custom-ins.com>
Sent: Monday, January 28, 2008 1:55:16 PM (GMT-0600) America/Chicago
Subject: Re: Can we legally put this in the Charter?

Phil et al.,

While I believe that we legally *could* put such a measure into the Charter, I don't believe this is something that belongs in that document.  Rather, it is an excellent example of the type of legislation or ordinance that *could* be passed by a county council under a charter government, that cannot be done at the county level under our current system.

I believe that the document we need to write is more analogous to a constitution for the county -- creating a structure, setting limits, checks and balances, but leaving all but the broadest generalities of law to be set by an elected county council.

To use an analogy, you wouldn't set the fine for jaywalking in the Missouri state constitution; rather, the constitution gives the state the power to do so, or at least does not prevent the state from doing so, and it is left up to the legislature to enact such a measure.

At least, that is my feeling on the matter.  Others may have a different viewpoint.  In any event, it's still a good idea for a county ordinance.

Best,
Tony Becker