Omdahl: The North Dakota Legislature is slowly killing home rule

Because the principal creator of residence rule utilized by cities and counties, I’ve taken a proprietary curiosity within the growth of residence rule. North Dakota now has over 100 cities and round 15 counties with residence rule charters.

In 1969, my graduate assistant, Dave Gipp, and I collected the charters utilized in different states. None of them had been possible so we designed a system that’s distinctive to North Dakotas. It has labored nicely. Besides the Legislature has methodically stifled its use by rendering a second judgment and prohibiting any artistic motion that some metropolis or county might select.

Sadly, our residence rule is statutory and could also be amended at any session of the legislature. A number of states have residence rule of their constitutions, placing it out of attain of the meddlers in state legislatures.
                                                             
On this session, the Legislature as soon as once more demonstrated its lack of ability to restrain pure energy. It has been processing a invoice that may forestall the residents in Fargo from utilizing residence rule to undertake its personal election guidelines.

Not one of the Fargo legislators advocated for the invoice, however 18 legislators outdoors of Fargo sponsored the punitive motion. So a compelling level have to be made to those 18: “That is none of what you are promoting.”

                                                             
Defending the integrity of the house rule idea is necessary for native authorities. It permits cities and counties to tailor administration to suit their peculiar wants.

The mannequin constitution repeats the unique laws. Whereas cities and counties with out residence rule are underneath strict interpretation of powers, the mannequin constitution says that interpretation of residence rule powers have to be liberally construed.

For one factor, we’ve a Legislature that chooses – for its personal comfort – to stay with the biennial session when cities and counties may have instant motion.

Second, the governor and the Legislature have greater fish to fry than playing around with peculiar issues of particular person counties and cities.
                                                           
Third, one measurement doesn’t match all. Each metropolis and county has a character of its personal and this individualism
wants room to blossom.

The historical past, demography, ethnicity and variety all range in cities and counties and sure types of authorities slot in some native governments greater than others.

Whereas cities and counties have been transferring slowly towards extra skilled administration, Minot has had a metropolis supervisor for many years. And Minot prospers.

In cities with a big skilled element, metropolis managers and the fee kind can survive. On this regard, Minot is exclusive in that academically it’s extra suited to a mayor-council kind but it surely has had distinctive, versatile managers for the final 60 years.
                                                         
Councils are wanted the place cities are numerous and require alternatives for this range to present itself. This can be true about counties which have solely restricted illustration with three and five-member commissions. Right here, too, every is exclusive.

North Dakota buddies and members of the Legislature prefer to tout the concept that it’s a “citizen” legislature so that they have an excuse to maintain assembly biennially. Within the case of residence rule, perhaps the legislature is just too “citizen” to grasp the influence of unbridled energy.

In closing, the 18 sponsors must be reminded: how Fargo needs to elect its native officers is none of what you are promoting.

Omdahl is a former N.D. lieutenant governor and retired College of North Dakota political science instructor. Electronic mail

ndmatters@midco.internet

This column doesn’t essentially replicate the opinion of The Discussion board’s editorial board nor Discussion board possession.