Welcome

Today, the need has never been greater for communities to assert local democracy and make choices that carry the weight of law about the health, safety, sustainable business and agricultural practices and quality of life in those communities. State legislators and judges in cahoots with corporate managers and lobbyists have preempted local democracy by erecting and enforcing municipal codes, land use laws, and “development” friendly legislation that keeps citizens out of important decision-making processes. Regulatory agencies and zoning schemes assure corporate access and governing privileges that preempt the rights of citizens to create sustainable communities.

Without the controls of a local charter or constitution and with citizens stripped of their right to vote on city issues, so-called home rule empowers politicians to:

1. Raise taxes without citizen permission.
   
2. Impose new taxes in the form of fees, licenses, and regulations.
   
3. Expedite seizures of private property.
   
4. Give city property to private interests without competitive bidding.
   
5. Take greater control over citizens’ lives, livelihoods, property, and liberty.
   
6. And on and on . . . "...Powers and functions of home rule units shall be construed liberally."
   

What is the difference between "General Law" and "Home Rule"?

There are two categories of cities: Home Rule and General Law.

General Law:

General Law cities are cities with a population under 5,000 whose powers are limited; they operate only according to specific state statutes that define their powers and duties. They are restricted to doing those things that the State directs or permits them to do. If a General Law city has not been granted the express or implied power by the State to initiate a particular action, none can be taken.

Home Rule:

Home Rule cities are cities with a population greater than 5,000 citizens in which citizens have adopted home rule charters. The legal position of home rule cities is the reverse of General Law cities; rather than looking to the State law to determine what they may do, as General Law cities must do, Home Rule cities look to the State constitution and statutes to determine what they may not do. When a proposed Home Rule city action is not prohibited by the State, the city can generally proceed.

What rights can the charter provide for citizens?

The States only allows the citizens of Home Rule cities the right to exercise the recall of Council members as well as the right of initiative and/or referendum. Recall is the method for citizens to vote to remove a member of the City Council, including the Mayor, from elected office. Initiative is a movement by the public, through a petition, that forces the Council to reconsider and cause a public vote on an issue that is upheld by the Council. A referendum is usually used in a similar vein to the initiative however; it deals with overturning a recently enacted piece of legislation of the Council.