charter-code-crosscheck

Charter and Code Cross-Check

Purpose: Test a proposed action against the hierarchy of authority before time is spent drafting or scheduling it.

Hierarchy to apply (verify for your state and city type)

1. Federal constitution and statutes
2. State constitution and statutes (including preemption and Dillon's Rule vs. home-rule status)
3. City charter
4. City code / ordinances
5. Resolutions, administrative regulations, council rules of procedure
6. Adopted policies and bylaws

A lower source cannot override a higher one; a council generally cannot waive a charter requirement by resolution.

Required inputs

• The draft action in plain words and who wants it
• Charter and code text (ask for the actual sections; never cite from memory)
• Council rules of procedure; relevant state statute list from the city attorney

Workflow

1. Characterize the action: legislative (ordinance), administrative (resolution/motion), quasi-judicial (hearing on specific parties), budgetary, personnel, or contractual.
2. Find the source of authority. Is it an express power, implied power, or home-rule power? Is the subject preempted or reserved to the state, county, or voters?
3. Find the procedure. Number of readings, effective date, publication, referendum window, supermajority or emergency clause, mayoral veto and override, mandatory committee referral.
4. Find limits. Spending and procurement thresholds, debt limits, voter-approval triggers, notice and hearing prerequisites, balanced-budget rules.
5. Identify who decides. Council vs. manager vs. mayor vs. board; delegation limits.
6. Resolve conflicts between sources using the hierarchy; where text is ambiguous, say so and present competing readings without choosing a legal conclusion.
7. Produce a path: the steps, in order, with owners and earliest feasible dates.

Output structure

• Action summary (one sentence)
• Authority table: question | source section | finding | confidence (Confirmed / Needs attorney)
• Required procedure checklist
• Conflicts or gaps
• Recommended path and alternative vehicles (e.g., resolution instead of ordinance)

Red flags / escalate to the city attorney

• Any preemption question
• Action touching elections, taxes, fees, franchises, or rates (voter-approval rules vary widely)
• Charter and code appear to conflict
• Council wants to act by a vehicle the charter does not authorize
• Provision cited by staff cannot be located in the current codified text

Common mistakes

• Citing an outdated code section; always confirm the supplement date
• Treating a council rule as if it carried the force of law
• Missing a referendum or protest-petition window that delays the effective date

Do not state conclusions about legality; frame as issues for the city attorney.