The Fargo Forum And Daily Republican

City Manager Law and
Home Rule Charter for
N. D. Cities Proposed

Two measures, the first a bill to change the commission laws of cities of 15,000 or over in North Dakota, the second a constitutional amendment providing for the adoption of home rule charters by North Dakota cities, will be presented to the North Dakota legislature by the Fargo city commission.

The measures, drafted by a committee consisting of Emerson H. Smith, R. M. Pollock, A. W. Fowler, W. J. Clapp, M. W. Murphy and Judge A. G. Hanson, were approved at a meeting of the Commons club last evening.

The bill changing the commission laws, was first suggested to the Commons club by Mayor Emery. It provides that the people of Fargo may, by special election, adopt the city manager plan of government and in that event, the city commissioners would serve the city without pay.

If the city manager bill is passed with the emergency clause attached, it would be possible for Fargo to vote on this plan at the coming spring election.

The provision for a constitutional amendment would give Fargo and other cities of the state the right to adopt charters under which they could make their own organic laws, without having
CITY MANAGER LAW PROPOSED
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...ing to ask the state legislature's authority for every move.
The two measures are as follows:
Home Rule Amendment.
Following is the proposed amendment of the state constitution which if it goes through will have to give cities the right to adopt a home rule charter by vote of the people.
Section (a). General laws shall be passed to provide for the incorporation and government of cities and villages; but additional or alternative general laws may also be passed for the government of municipalities adopting the same: but no such additional or alternative law shall become operative in any municipality until it shall have been submitted to the electors thereof and affirmatively approved by majority of those voting thereon, under regulations provided by law.
(b). Any municipality shall have authority to exercise all powers of local self-government and to that end may frame, adopt and amend a charter for its government, adopt and enforce within its limits, and within one mile thereof, such local police, sanitary and other similar regulations as are not in conflict with the constitution and general laws of the state.
(c). The legislative authority of any city or village may by a vote of one or more than a majority of its members, and, concurrently with, upon petition of 10 per centum of the electors, shall forthwith provide by ordinance for the submission to the electors of the question, "Shall a commission be chosen to frame a charter?" The ordinance providing for submission of such question shall require that it be submitted to the electors at the next regular municipal election if one shall occur not less than sixty nor more than one hundred and twenty days after its passage; otherwise it shall provide for the submission of the question at a special election to be called and held within the time aforesaid. The ballot containing such question shall bear no party designation, and (from candidates provided in the same manner as nominees for members of the legislative authority of such city or village provisions shall be made on such ballot for the election from the municipality at large of eleven electors, by proportional representation as far as may be possible, who shall constitute a commission to frame a charter; provided that a majority of the electors voting on such question shall have voted in the affirmative.
Any charter so framed shall be submitted to the electors of the municipality at an election to be held at a time fixed by the charter commission and within one year from the date of its election, provision for which, and for the manner of election of such charter commission as above, shall be made by the legislative authority of the municipality in so far as not prescribed by general law, but in conformity therewith so far as applicable hereto.
Not less than thirty days prior to such election upon the proposed charter the auditor or clerk of the municipality shall mail a copy of the same to each elector whose name appears upon the poll or registration books of the last regular or general election held therein.
If such proposed charter is approved by a majority of the electors voting thereon it shall thereby become the charter of such municipality and operative at the time fixed therein.
(d). Amendments to any charter framed and adopted as herein provided may be submitted to the electors of a municipality by a vote of one more than a majority of the legislative authority: also, by the electors direct, upon petitions signed by 10 per centum of the electors of the municipality, setting forth any such proposed amendment, and shall be submitted by such legislative authority.
The submission of proposed amendments to the charter shall be governed by the requirements of (c) this section as provided for the submission of the question of choosing a charter commission, as far as applicable; and copies of proposed amendments shall be mailed to all the electors as hereinbefore provided for copies of a proposed charter. Whenever any such proposed amendment is approved by a majority of the electors voting thereon it shall thereby become a part of the charter of the municipality.
A copy of said charter, or any amendment thereto, shall be certified to by the secretary of state within thirty days after adoption by referendum vote as herein provided.
(e). All elections and submissions of questions, the nomination and election of officials provided for in this article shall be conducted under the legislative authority and by the election authorities prescribed by general law for cities and villages whenever not otherwise specially provided for herein or by the charter adopted. The percentage of electors required to sign any petition provided for herein shall be based upon the total vote cast at the last preceding general municipal election.
Changing Commission Law.
A bill for an act making certain additional provisions for the government of cities of fifteen thousand population or upwards which have been or may hereafter be incorporated under a commission form of government, and providing that commissioners now in office shall continue in the respective departments in which they now are, and that hereafter such city commissioners shall be elected to specific departments and arranging terms of office so that the term of one commissioner shall expire each year and providing for the appointment and employment of a city manager, upon a favorable vote of the people, and providing that the tenure of office of certain appointive officers shall be contingent upon faithful and efficient service and providing that this act shall take effect immediately upon passage and approval
Be it enacted by the legislative assembly of the state of North Dakota:
Section 1 - All cities within this state which have heretofore been incorporated, or which shall hereafter become incorporated, under the commission system of government, as provided by the laws of this state, having at the last preceding federal or state official census a population of fifteen thousand or upwards, shall be subject to the provisions of this act as well as to the existing provisions of law with reference to the government of cities not inconsistent herewith.
Section 2 - In such cities the several commissioners now in office shall continue in the departments which they now respectively occupy until the expiration of their respective terms of office and commissioners hereafter elected shall be candidates for and be elected to specific departments, as follows:
One police and fire commissioner;
One commissioner of streets and improvements;
One waterworks and sewerage commissioner;
One commissioner of finance and revenue.
The terms of office of the first commissioners of such cities, hereafter adopting commission form of government shall be as follows:
The commissioner having the highest number of votes shall hold office for the term of four years; the commissioner having the next highest number of votes shall hold office for the term of three years; the commissioner having the next highest number of votes shall hold office for the term of two years; and the commissioner having the next highest number of votes shall hold office for one year; thereafter each commissioner so elected shall hold office for a term of four years, except in case of a vacancy. A commissioner elected to fill a vacancy shall hold office only for the unexpired term.
In such cities at the elections of 1917 and 1919 the commissioner receiving the highest number of votes shall hold office for a term of four years, and the commissioner receiving the next highest number of votes, for a term of three years, and their successors shall be elected annually thereafter for a term of four years.
Section 3 - In such cities the board of commissioners of their own volition may or upon a petition signed by at least fifteen per cent of the voters of such city, as shown by the last preceding election, shall submit to a vote of the people at the next general or city election, or a special election called for such purpose, the question of whether or not a city manager shall be employed for such city. If a majority of the votes cast upon such question shall be in favor of employing a city manager, then the board of commissioners shall appoint and employ a city manager, who shall serve during the pleasure of said commission and who may or may not be a resident of the state. The commission shall have power to determine his qualifications and duties and fix his salary, provided that whenever in such city a city manager is so appointed and employed the four commissioners shall be elected without designation for specific departments and said commissioners and the president of the board of commissioners shall, after the appointment and employment of such city manager, serve without compensation.
Section 4 - In such cities the tenure of office of all appointive officers shall continue during the pleasure of the commission and until removed by a vote of three-fifths of the commission after public hearing, if demanded by such appointive officer.
Section 5 - Whereas, it is necessary for the immediate preservation of the public peace and safety that certain desirable changes in the law governing cities under the commission form of government, where the population is fifteen thousand and upwards, become immediately operative, therefore, this act shall take effect and be in force immediately upon its passage and approval.