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Charter commission sends draft for legal review amid dispute over council amendment authority
Summary
At its Dec. 3 meeting the Willow Park Home Rule Charter Commission voted to send its working draft to counsel for legal review after extended debate about whether the City Council could amend a commission‑prepared charter; one member abstained from the vote.
The Willow Park Home Rule Charter Commission voted Dec. 3 to send its working draft charter to counsel for a legal review after a lengthy discussion about whether the City Council may amend a charter drafted by the commission. The motion to initiate legal review was moved and seconded and carried with one abstention.
The chair, who has been guiding the schedule, told commissioners the intent was to complete a legal review before the commission’s next meeting so the group could address any issues raised by counsel. "The charter prepared by the charter commission shall be submitted to the qualified voters of the municipality at an election," the chair read from state law during the discussion while questioning how council amendment authority fits into that language.
Fritz, the commission’s legal adviser, said there are competing readings of the statutory provisions and that historical formulations dating to 1913 and later codifications leave room for differing legal interpretations. "There are two sides to this," Fritz said, describing how the original act and subsequent revisions have been modernized and reorganized in ways that invite different readings.
Several commissioners urged the group to seek outside guidance. One member said they would not vote on significant steps until the county attorney or attorney general provided an opinion. Another commissioner warned that if council changes were to occur after submission, "who the h*** represents us?" and suggested filing a complaint if statutory violations followed.
The motion to initiate legal review was moved by a commission member and seconded by Carol; one member announced an abstention from the vote and the chair said he would request comments from counsel "in as timely a manner as possible." The commission also confirmed it will meet again on Dec. 17, and discussed a Jan. 7 follow‑up and a target of delivering a final charter to the City Council by the council’s Jan. 13 meeting so the council could call an election in time for statutory deadlines (commissioners referenced Feb. 13 as a last date to call an election).
Next steps: the commission will update the working draft, forward it to Fritz for review and expect written comments before the next meeting; commissioners also agreed to continue public outreach via additional town halls.
