[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 Gail Shorney.

----- Forwarded Message -----
From: "Gail Shorney" <gail at tknetonline.com>
Sent: Monday, January 28, 2008 3:08:17 PM (GMT-0600) America/Chicago
Subject: Re: Can we legally put this in the Charter?

I quite agree with Tony!  While this is a great cause, it is one of many 
that should be addressed as an ordinance after the Charter is passed.  The 
Charter should address  legislative changes per the guidelines set forth in 
the State Constitution and create the framework into which issues such as 
this one can be enacted. It is  my understanding these issues will be better 
served after a Charter is in place.

Gail

----- Original Message ----- 
From: "Tony Becker" <awbecker at custom-ins.com>
Sent: Monday, January 28, 2008 1:55 PM
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