About Home Rule Rapid City Home Rule Charter

About Home Rule Rapid City Home Rule Charter Committee 2021

▪ Home Rule Charter Committee ▪ The Purpose of the Home Rule Charter Committee Presentation Sequence ▪ Home Rule Charter Committee Process ▪ Dillon’s Rule ▪ Activities Currently Controlled by the State Legislature ▪ Limitations on Home Rule ▪ Other Considerations with Home Rule Charter ▪ Current Form of Municipal Government ▪ Manager Form of Municipal Government ▪ For More Information 12/20/2021 Home Rule Charter Committee 2020 2

Home Rule Charter Committee 12/20/2021 ▪ December 2019: Mayor sought citizen interest and Council for creating a Home Rule Charter Committee. ▪ May 2020: Eighteen citizens representing all five wards were appointed by the City Council. ▪ Home Rule Charter Committee and subcommittees begin to meet monthly. Home Rule Charter Committee 2020 3

The Purpose of the Home Rule Charter Committee 12/20/2021 ▪ Review available forms of municipal government including information from the SD Municipal League and National Civic League ▪ Research what other Home Rule communities have done—Brookings, Vermillion, Watertown, Mitchell, etc. Make a recommendation to the Mayor and City Council Home Rule Charter Committee 2020 4

Home Rule Charter Committee Process HR Committee evaluates the need for a Home Rule Charter 12/20/2021 HR Committee drafts the HR Charter and City Attorney reviews it HR Committee presents HR Charter draft to Mayor & City Council Home Rule Charter Committee 2020 Mayor & City Council consider modifications and approval of HR Charter to go to vote Citizens vote on adoption of HR Charter 5

§ In 1863 Iowa Judge John Dillion ruled that: “municipalities are mere tenants at will of the Legislature. ” § In 1957 the SD Legislature proposed a Constitutional amendment allowing Home Rule; it failed. In 1962 It was approved; in 1972 it was revised and approved. § In 1974 statutory rules on Home Rule were adopted. § The SD Supreme Court ruled in 2002 that “without home rule, local governments have only the authority specifically granted by the state legislature. ” Dillon’s Law vs Home Rule 12/20/2021 Home Rule Charter Committee 2020 6

BENEFITS OF HOME RULE § A city may do what it deems it should do, unless the action is specifically prohibited by state law or the state constitution. § A city has greater freedom from state interference, regulation, and control, and has the flexibility and authority to do what it wants to do, in the way it wants to do it. § Cities without Home Rule Charters must wait for the State Legislature to meet and authorize the activity---in their 40 -day session. Unless the Legislature declares it an emergency, the law will not take effect until July 1. § Home Rule would allow the city’s elected officials to make changes more quickly and with the city’s specific needs in mind. A Watertown council member noted at the 2019 Municipal League convention, “There is no downside. You give up nothing but gain flexibility. ” “ONE-SIZE-FITS-ALL” RULES DO NOT FIT FOR RAPID CITY… WE NEED LOCAL SOLUTIONS FOR LOCAL ISSUES 12/20/2021 Home Rule Charter Committee 2020 7

Limitations under Home Rule A chartered governmental unit may exercise any legislative power or perform any function not denied by its charter, the Constitution or the general laws of the state (SD Constitution: Art IX, section 2. ) Home Rule cities are prohibited from: § Enacting or increasing any tax, fee or charge unless authorized by state law § Defining crimes and punishment except for a violation of the Charter or ordinances, limited to $500 or six months jail time § Changing laws relating to elementary & secondary education § Changing assessment practices related to ad valorem taxation of property § Denying initiative or referendum on ordinances or by-laws § Reducing services required by state law § Setting standards less or lower than state law (but can make more strict standards) (SDCL 6 -12 - 5, 6, 14, 15) 12/20/2021 Home Rule Charter Committee 2020 8

§ § Other Changes possible with a Home Rule Charter § § § 12/20/2021 The size of the City Council The number of wards (Note: the city already adjusts ward sizes) How we elect the mayor and council Ward representation At-large representation The role of the Mayor Addition of a City Manager Home Rule Charter Committee 2020 9

§ The South Dakota Legislature has not passed city-permissive language dealing with cyber-security threats or responses to cyber-attacks. SOME SPECIFIC EXAMPLES: § Emergency ordinances — a Home Rule Charter city can quickly enact an emergency ordinance in the events of a declared emergency - be that a tornado, flood or other natural disaster. Having to wait for a state or Presidential-level emergency declaration may delay authority to expend funds to facilitate the initial clean up and ensure the safety of residents. § Having a Home Rule Charter allows the city to adopt ordinances more strict than state law (but not less strict), so the city could have more comprehensive ordinances on issues such as billboards and marijuana. § “You do not know what is coming down the line. We have home rule so we don’t have to go to the Legislature to obtain permission or worry about legislative prohibitions after we did something. ” Robert Freiberg, Beresford’s former City Attorney 12/20/2021 Home Rule Charter Committee 2020 10

Duties of a Mayor under City Manager Form of Government § Serve as presiding officer of the Council § Have the powers and duties of an alderman at large § Be the recognized head of the municipality for service of civil process and for military and ceremonial purposes § Does not have the right of veto § Has further authority and performs duties as may be provided by state law, ordinance, or resolution not inconsistent with the law SDCL 9 -10 -7 12/20/2021 Home Rule Charter Committee 2020 11

Current Form of Rapid City Government MAYOR ALDERMANIC 12/20/2021 Home Rule Charter Committee 2020 12

City Manager Structure 12/20/2021 Home Rule Charter Committee 2020 13

For More Information Mayor’s office contact: homerule@rcgov. org Home Rule website: rapidcityhomerule. org City of Rapid City website: rcgov. org 12/20/2021 Home Rule Charter Committee 2020 14