City Attorney's Impartial Analysis of Measure N

If approved by a majority of the voters voting, Measure N would adopt a charter for the City. The charter would serve as the constitution of the City and would provide City residents with the maximum authority permitted by law over the City's municipal affairs. If Measure N does not pass, the charter will not go into effect, and Davis will remain a "General Law" city.

There are two types of cities in California, charter cities and general law cities. Davis was formed as, and currently is, a general law city. Charter cities derive their authority from the State Constitution and have the maximum authority to enact ordinances related to their own municipal affairs, notwithstanding contrary state legislation. General law cities have only that authority granted to them by the State Legislature and are subject to all the constraints of state law, even if the matter is a municipal affair. Both general law and charter cities are subject to the Federal and State Constitution, and to state laws on matters of statewide concern. The courts determine which matters are municipal affairs and which are of statewide concern. Examples of matters of statewide concern include environmental regulations, open meetings and public records laws, and redevelopment. Examples of municipal affairs include election procedures, city governance, and public contracting procedures. Davis would remain subject to all State Constitutional limitations, including those on taxation and property related fees, such as Propositions 13 and 218. No new taxes could be imposed without voter approval.

If Measure N is adopted, the charter would provide for the maximum amount of constitutional authority for the voters and the City Council to manage and regulate municipal affairs within the City. The charter expressly provides that the City Council and the voters will have the maximum local control over land use and over managing and limiting growth in the City. The charter does not include any changes to the current structure of the City's government or to its ordinances and regulations. The charter would continue the existing structure of a five member city council elected at-large for staggered four year terms. The charter provides that all City ordinances and all City personnel rules will remain in effect until they are modified or repealed, if ever, by City Council or voter action. The charter provides that City Council shall not adopt any provisions for labor binding arbitration. The City Council may adopt ordinances within the parameters established by the Charter. Express provisions of the charter may only be changed by charter amendment.

A charter may only be adopted or amended by a ballot measure approved by a majority vote of the City's voters voting on the measure.

Date: August 6, 2008                                         Harriet Steiner, Davis City Attorney