Benson is supposed to have a charter commission, but doesn’t
By Reed Anfinson
When the City of Benson established itself as a charter city with a strong city manager form of government, it was supposed to have maintained a charter commission.
That commission would then annually review the charter and recommend changes that might be necessary for adapting to a changing world. However, members of the commission were appointed to four-year terms, and it has now been decades since the last charter commission met. Everyone’s term has expired.
As a result, the charter commission no longer exists, Benson City Attorney Stephen Kowal told the city council at its meeting Jan. 6.
“There is supposed to be a charter commission perpetually in effect,’ Kowal said. It is required under state law, he said.
When a member of a charter commission’s term expires, the chief judge of the district court is supposed to appoint a new one. “I don’t think that has happened in a long time,” Kowal said.
While the charter sets the structure of city government, it is also operated under city ordinances.
The charter sets the rules for elections, council and mayoral terms, filling council vacancies, setting council salaries and meeting dates. It defines the power for the council to passes ordinances, amending ordinances, and conducting referendums.
It specifically defines the powers of the city manager.
It defines taxing authority of the council, requirements for budgeting, special funds to be kept, issuing bonds and taking on debt, and assessing properties for improvements. It goes defining other authorities under which the city operates.
On the first page of the city’s charter it says:
“The city shall now have all the powers which it may now and hereafter be possible for a municipal corporation in this state to exercise in harmony with the constitutions of this state and of the United Stats,” the charter says. “This charter shall be construed liberally in favor of the city and the specific mention of particular powers in the charter shall not be construed in any way the generality of the power herein sought to be conferred.”
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