CITY OF GRANTS, N.M. - The Grants City Charter is a blueprint outlining how the city can and should operate. The document is 32 pages long, filled with legal mumbo-jumbo that most people do not have the opportunity or desire to read and understand given the sheer length and complexity of the document. Today we are going to discuss Article One and all its subsections.
Last week we explored the preamble, where we learned that the charter is designed by and for the citizens of the City of Grants.
Article One of the Charter is titled, “GENERAL PROVISIONS AND POWERS; CONSTRUCTION” and is made up of seven sections that regard the general management of the city. Much of this section is specific to ensuring that the city does not overstep its legal bounds by changing state or federal laws.
Section One: Purpose
Section one is built from two separate clauses, clause A is designed so that the City of Grants exists within its predetermined boundaries no matter what changes may be made to the charter, and that the boundaries of the city can be extended by the appropriate manner as prescribed by law.
Clause B is the “Home Rule Clause,” which is important because it grants the city more sovereignty than most other municipalities. (For the purposes of this text, “sovereignty” is understood as “independence.”)
The clause reads, “The purpose of this Charter is to provide for maximum self government and the greatest possible exercise of home rule powers. In no case shall the City have any less powers than a non-charter municipality in the State of New Mexico.” [sic.]
This clause establishes several things. In the first sentence the charter reestablishes that the city functions by and for the people, calling for “maximum self government” [sic.] and then establishes that the people of this community demand more sovereignty from the state by “exercise of home rule powers.” The final sentence reinforces this demand by the people. Home rule powers are important because, without establishing these rules in the charter, the tacit understanding between the state and local governments would be that the legislature has the authority to enact local laws. The New Mexico State Constitution bars the state legislature from doing such a thing, but if this provision were ever revoked, the city would remain in control of its own municipal law and the state would not be able to change that.
Section Two: Powers of the City
This section is made up of four clauses, which are arguably some of the most important parts of the city’s charter.
The first is the Devolution of Powers Clause, wherein the people of the city take power from the state government to establish the city; it reinforces that the city has access to home rule powers to secure the city’s posterity.
The second is the Limitation of Powers Clause. This is important to not only the government but every citizen in the City of Grants. Here, the people of the city establish that this charter is meant to limit the government’s power, not grant it power. Therefore, if the state government were to make a law making something legal which is not allowed by the charter, the city government would still not be able to do that thing because the charter protects the rights of all the people in the city.
The third is the Liberal Construction Clause. This has nothing to do with Democrats or political parties. In government, “liberal” has a few basic meanings: liberty, consent of the governed, and equality of the law (the term really came into use during the French Revolution when the people threw out the old order of kings and queens; the more conservative kingdoms of England, Spain, and Prussia did not approve of this liberal movement in France). Therefore, this clause allows the people of the city the maximum self-government possible.
The final clause is known as the Powers of Corporations Clause, which reestablishes that this charter is a restriction of power on the city. This clause grants all allowable powers to the city under the state constitution unless those powers conflict with any part of the charter.
Section Three: Intergovernmental Relations
Governments have a need to cooperate with other governments from time to time, either in the management of things like public transportation or to work together on law enforcement issues. There are several reasons why governments may need to cooperate, and this section – made up of a single clause – allows the City of Grants to work with other governments as permitted by state and federal laws to conduct the business of the city.
Section Four: State and Municipal Laws
This section is made up of three simple clauses which establish how state laws will work, regarding the charter.
The first untitled clause declares that all city laws and regulations that were in effect before the establishment of this charter will remain in effect unless they conflict with any part of the charter, at which point the old law or regulation is nullified.
The second untitled clause deals with state law, establishing that any state laws or regulations that were in effect prior to the charter’s adoption will remain in effect, and state law will take precedence over the charter.
The final untitled clause grants that any new state law must fit the bounds of the charter, and if it does, the city can take full advantage of those laws so long as they remain within the bounds of the charter.
Section Five: Rights and Property
This section is made up of two clauses which establish that any legal challenges and/or contracts the city entered before the adoption of this charter will not be affected by this charter. The purpose of these two clauses is to ensure the legal process and make clear that all contracts will be honored.
Section Six: Construction
Section six offers a deeper understanding of the charter. Made up of three clauses, this section specifies the usage of certain words.
Clause one, known as the Headings Clause declares that titles given to a section or their independent clause shall exist as only a title, and should not be considered as an explanation of the article, section, or clause.
Second is the Terms Clause, which specifies the usage of certain words within the charter.
Lastly is the Severability Clause; this mean that if any part of the charter is found to conflict with state or federal law, individual parts can be stripped to preserve the remainder of the document.
Section Seven: Charter Amendment
This section is made of a single sentence which declares all amendments to this charter must be done as according to the Municipal Charter Act of the New Mexico Municipal Code, Chapter 3, Article 15 NMSA 1978, which is a long state law regarding charters across the state.
This section is married to the second clause of the preamble, which declares that, for the charter to take effect, an election must be held, and the amendments agreed to by the qualified electors (voters) of the city.
Next week we will explore article two, which deals with the governing body of the city and is made up of 13 sections.