What Is a City Charter? How Local Government Rules Work
A city charter is a legal document that establishes a city’s government and sets out its basic powers, structure, and procedures. Often described as a local constitution, it explains how a city makes decisions and who has authority to make them. The details vary by state and city: a charter may give local officials flexibility over municipal affairs, but it cannot override state or federal law. Knowing how a city charter works can help residents understand local elections, government responsibilities, and how changes to city rules are made.
What Is a City Charter?
A city charter is a foundational legal document for a municipality. It typically identifies the city’s governing structure, defines the duties of elected officials and administrators, and sets procedures for adopting local laws and managing city business. Some cities have a charter granted or prescribed by state law; others have authority to draft or revise their own charter under state rules.
The term “city constitution” is a useful analogy, but a charter is not equivalent to the U.S. Constitution. Its legal force comes from the state constitution and state statutes. A city charter must comply with both, as well as applicable federal law. If a charter provision conflicts with a higher-level law, the higher-level law generally controls.
Charters are not identical across the country. State law determines whether a municipality may have a charter, how it can obtain one, what subjects it may cover, and how it can amend it. Some cities operate under a state-defined framework rather than a locally drafted charter.
What Does a City Charter Do?
A charter gives a city’s government its basic operating framework. It can answer practical questions such as who leads the city, how local officials are selected, how ordinances are passed, and which responsibilities belong to the mayor, council, or city manager.
Common charter provisions address:
- Government structure: The form of government and the roles of elected officials and administrators.
- Elections and terms: The number of council members, election methods, term lengths, and rules for filling vacancies, subject to state law.
- Legislative procedures: How the council meets, considers ordinances, holds public hearings, and records votes.
- Executive and administrative duties: The mayor’s authority and the responsibilities of the city manager or department heads, where applicable.
- Municipal powers: The scope of the city’s authority over local matters, within limits set by state and federal law.
- Accountability and oversight: Provisions for audits, ethics rules, investigations, or removal from office, where the charter or state law provides for them.
- Amendment procedures: How proposed charter changes reach voters and take effect.
A charter generally sets the broad framework rather than every operating detail. A city council may adopt ordinances to regulate local matters, while administrative policies and departmental procedures address day-to-day implementation. These rules must remain consistent with the charter and higher-level law.
How City Charters Relate to State Law
Municipal governments are created under state authority, so a city charter does not give a city unlimited independence. The relationship between a city and its state is often described through two legal doctrines: home rule and Dillon’s Rule. The rules differ among states, and some states use a combination of approaches.
Home Rule
Home rule allows a city to manage certain local affairs with less need for specific state authorization. The source and scope of that authority vary. In some states, home-rule powers are provided in the state constitution; in others, state statutes set the terms. Home rule may allow a city to draft a charter or exercise broad authority over local matters, but it does not remove state oversight or permit a city to disregard state law.
Dillon’s Rule
Dillon’s Rule is a legal principle under which local governments have only the powers expressly granted by the state, powers necessarily implied by those grants, and powers essential to carrying out their stated purposes. Courts and states apply the principle differently. Where it applies, the question of whether a city has authority to act may depend closely on the wording of state law.
State preemption is another important limit. A state may restrict or displace local rules in a particular policy area, even when a city charter or ordinance appears to authorize local action. For that reason, the city’s charter should be read alongside relevant state statutes and court decisions.
Common Forms of City Government
A city charter often establishes or describes the local form of government. The names and details can vary, but several structures are common in the United States.
| Form of government | How it generally works | Key distinction |
|---|---|---|
| Mayor-council | Voters elect a mayor and council. The mayor may have executive responsibilities, while the council adopts ordinances and budgets. | The mayor’s authority depends on the charter and may be strong or limited. |
| Council-manager | Voters elect a council, which typically appoints a professional city manager to oversee administration. | The mayor is often a council member or ceremonial leader, though local arrangements differ. |
| Commission | Voters elect commissioners who collectively govern and may each oversee a municipal department. | Legislative and administrative responsibilities may be combined in the elected commission. |
| Hybrid or modified system | The city combines features of different models, as authorized by its charter and state law. | Responsibilities must be checked in the specific charter rather than inferred from the label. |
In a mayor-council system, a strong mayor may direct departments, prepare or administer the budget, and have veto authority, while a weak mayor may have more limited executive powers. In a council-manager system, the council usually sets policy and hires a manager to carry it out. These descriptions are general: the charter and state law determine the actual distribution of responsibilities.
City Charter vs. Ordinance: What Is the Difference?
A charter and an ordinance are both relevant to local government, but they serve different purposes. A charter establishes the city’s governing framework. An ordinance is a local law adopted under authority granted by the state and, where applicable, the charter.
For example, a charter may specify that the city council has authority to adopt ordinances and describe the process for doing so. A separate ordinance may set parking rules, establish a permit requirement, or regulate a local activity. The ordinance cannot validly change the charter’s basic structure unless the applicable charter-amendment process is followed.
Other documents also have distinct roles. A city’s municipal code usually organizes ordinances currently in force. A comprehensive plan guides long-term land-use and development decisions, but it is not necessarily a charter. A city budget authorizes planned spending for a fiscal period; its process may be governed by the charter, state law, and local ordinances.
How a City Gets or Changes Its Charter
The process for adopting or amending a charter depends on state law. In some places, voters may elect a charter commission to draft or review a proposal. In others, a city council or another authorized body may initiate a proposal. A proposed charter or amendment is commonly presented to voters for approval, but the required steps, deadlines, and voting rules vary.
- Review the state’s rules: State law determines who may propose a charter or amendment and what procedures must be followed.
- Draft the proposal: A commission, council, or other authorized body prepares language and may hold public meetings or hearings.
- Submit it for legal review: Depending on the state, officials may need to confirm that the proposal follows required procedures and does not exceed municipal authority.
- Put it to a vote: Eligible voters decide whether to approve the proposal when required by law.
- Implement approved changes: City officials update procedures and related rules, while preserving consistency with state law.
Some states also allow voters to initiate charter amendments through a petition. The required number of signatures and other conditions are jurisdiction-specific. An amendment may alter a government structure, change an election procedure, or clarify municipal authority, but it cannot override limitations imposed by state or federal law.
Why Charter Language Matters to Residents
Charter provisions can affect how residents participate in local government and how decisions are made. They may determine whether the mayor can veto a council action, which body appoints a city manager, when elections occur, or how a vacancy is filled. These details can shape accountability and the practical distribution of power.
A charter can also establish procedural protections. For example, it may require public notice or hearings for certain actions, set rules for council meetings, or provide for financial oversight. Specific requirements may also come from state open-meetings, public-records, election, and ethics laws, so the charter is only one part of the legal framework.
When a city faces a disputed decision, the relevant question is often not simply “What does the charter say?” It may also be necessary to check state statutes, local ordinances, court rulings, and any applicable ballot measures. Charter provisions can be important, but their meaning depends on the surrounding law.
How to Find and Read a City Charter
Many cities publish their charter on an official municipal website, often in a section called “City Charter,” “Municipal Code,” or “City Clerk.” A charter may also be available through a state or county government site. Residents can contact the city clerk if the document is difficult to locate or if they need to confirm whether it includes recent amendments.
When reviewing a charter, it helps to:
- Check the revision date: Confirm that the document includes amendments approved after its initial adoption.
- Use the table of contents or search function: Look for terms such as “mayor,” “council,” “manager,” “election,” “budget,” “ordinance,” or “amendment.”
- Read related sections together: Authority may be divided across multiple articles, and definitions can affect how a provision applies.
- Verify cited state law: A charter may refer to statutes that have since changed, so current law should be checked.
- Distinguish proposals from current rules: Ballot measures, draft amendments, and current charter text are not interchangeable.
For general background on municipal government, the National League of Cities publishes information about cities and local governance. The International City/County Management Association provides resources on local government management and council-manager structures. For the rules that apply to a particular city, the city’s official charter and the relevant state constitution and statutes are the controlling sources.
Common Questions About City Charters
Does every U.S. city have a charter?
No. Municipal arrangements differ by state. Some cities have locally adopted charters, while others operate under general state laws or another statutory framework. A city’s legal status and governing documents should be confirmed through official local and state sources.
Can a city charter override state law?
Generally, no. A charter operates under state authority and must comply with state and federal law. Whether a particular state rule applies to a local matter can depend on the state’s home-rule framework, statutes, and court interpretations.
Is a city charter the same as a municipal code?
No. The charter sets out foundational rules for the city’s government. A municipal code usually collects local ordinances, which cover specific regulatory and administrative topics. The code must remain consistent with the charter and higher-level law.
Can residents change a city charter?
Residents may be able to vote on charter amendments or, in some states, initiate proposals through a petition. The available routes and requirements depend on state law and the city’s governing framework.