Charter City Toolkit

There is a common misconception even among some California city officials that only charter cities possess “home rule” powers. In fact, both general law and charter cities possess “home rule.” This chapter briefly describes the historical evolution of the constitutional municipal home rule doctrine in California. Later chapters explain the additional home rule powers of charter cities.

A. Before Home Rule—1850-1879

When California became a state in 1850, city governments already existed. In somevareas, they took the form of the Mexican alcades (who embodied the role of mayor, judge, and sheriff) or local legislative bodies like the 15-member assembly created in San Francisco before it was convention. The 1849 California Constitution gave the Legislature the exclusive power to establish cities and to enlarge or restrict city powers. After only a few months of granting city charters in early 1850, the California Legislature gave the job to county courts and then, in 1856, to county boards of supervisors. The state continued its extensive involvement in city affairs, including the appointment of special commissions to actually manage the property and funds of Sacramento, San Jose, and San Francisco, as well as other legislation directing cities to pay special claims of parties that provided “political inducements” to the Legislature.

B. All Cities Granted Inherent Home Rule Powers to Legislate Without Legislative Grant of Authority—1879

State meddling in city affairs in those first 30 years of statehood caused the deep resentment that ultimately led to the 1879 constitutional convention. During that convention, the delegates borrowed heavily from the home rule provisions of the constitution of Missouri, the first state to grant “home rule” powers to its cities. Incorporating that constitution’s provisions almost verbatim, the California Constitution of 1879 banned special legislation, banned special act incorporations, and granted the power to frame freeholder charters to communities with at least 100,000 people.” The 1879 Constitution also took the power to impose local taxes away from the Legislature with the intention “to bring matters of a local concern home to the people.”

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