The City of Chicago needs a city charter that will bring some certainty to city government. It should learn from the experiences of other cities when choosing the people who will draft that charter.
Of the biggest cities in the country, Chicago is the only one that does not have a city charter to provide a basic framework for governance. After decades of mismanagement, it needs to change. State law will have to lay out the process for adopting a charter, but who will draft the language and how they will be chosen is an open question.
Chicago should look to the experiences of other cities to determine the makeup and selection process for the charter commission charged with sending proposals to the voters.
The major considerations for the establishment of a charter commission are:
- Commission membership,
- Selection process
- Scope of the commission’s authority
- Method of final adoption of the charter
The process used to select inaugural charter commissions in other cities tend to be different from the process used to select commissions to revise those cities’ current existing charters. This could be because policymakers decided the new process was an improvement, but it could also be because drafting a brand new city charter is a fundamentally different task than proposing amendments to an existing charter already in effect.
How other cities formed their inaugural charter commissions
Inaugural charter commissions are the very first charters ever adopted by a city, establishing the basic structure of municipal government and the processes by which it operates. Even though Chicago has had a charter before, any new charter commission will be working with a blank slate, so it can be considered an inaugural commission for the purposes of this article.
Most major cities adopted their inaugural charters in the late 19th and early 20th centuries. Unlike Chicago, these cities have had a city charter in some form for 50 years or more. The Windy City can learn from their long experience, but changes in political technology and culture since then should inform the structure and process of passing an inaugural charter as well.
Here is how the other top ten cities formed their inaugural charters:
Commission size
Of the top 10 biggest cities, most had commissions of between 11 and 15 members, with some outliers. Jacksonville’s Local Government Study Commission charged with drafting its charter consisted of 50 members, with a 17-member executive committee. And Dallas’ original charter was drafted by the Texas state legislature. The most common number of members for an inaugural charter commission was 15.
Selection process
In most cities, inaugural charter commissions were elected by voters, but some commissions were appointed by the city council or the mayor, and others were appointed by the state legislature. New York City’s 1897 inaugural commission was appointed by the state’s governor.
Scope of authority
A slim majority of the inaugural charter commissions were given full authority to draft the city charter and send it to voters for approval, but 4 cities required legislative approval of the charter.
Method of final adoption
All the inaugural city charters required some form of ratification to adopt the final charter document. This took the form of state legislation and popular referenda. Most cities’ inaugural charters were adopted in their final form by voters via popular referendum. New York and Dallas’ charters, on the other hand, were adopted by the state legislature by passing a bill into state law.
Recommendations for an Inaugural Chicago Charter Commission
While there are many variations in how city charters are drafted and adopted, reviewing the commonalities reveals some trends that Chicago can follow.
While most inaugural charter commissions were elected and it might be tempting to have voters directly elect the Chicago charter commission, an elected commission could delay the process and become unwieldy.
The ideal commission appears to be one of around 15 members, but a Chicago Charter commission elected by ward would need to have 50 members, tying only Jacksonville for the highest number of members in its inaugural charter commission. Alternatively, a commission could potentially be elected by district using the Chicago Public School Board map, resulting in a much more manageable 10 members. An 11th member could be elected city-wide or chosen by the 10 elected members so that a tie vote will not deadlock the process.
Any other makeup would require a separate process dividing the city into commission districts for any election.
For Chicago’s inaugural commission, the practical option may be for an appointed commission.
New York City’s inaugural commission was appointed by the governor, and Jacksonville’s was appointed by their state legislatures. Philadelphia’s charter commission was appointed by the mayor and the president of the city council. Ideally, an appointed charter commission would have a mix of these, with the legislature, the governor and the city government all having representation on the commission.
Since all branches would be represented, this also allows the commission to have full authority to draft the charter without requiring final approval from the legislature or the mayor and city council.
Under Article VII of the Illinois Constitution, any change in a home rule city’s form of government or manner of selection of officers must be approved by voters in a popular referendum. Since any charter should provide structure and processes for doing both, that means final approval and adoption of Chicago’s inaugural city charter cannot come from the legislature,it must be approved by the voters.
These examples from other big cities provide a map for Chicago to follow.
It’s been long enough. It is time that Chicago joined the other great cities in giving a clear framework for its government and to establish a process for adapting to new challenges while protecting the integrity of its institutions. But despite the urgent need for a basic governing structure, the city must be careful to get the process right, especially when it comes to its inaugural commission. The other great cities of the nation can provide an example, if we are willing to learn.
