Section 1.8 Exercise of Police Power by Charter Counties

• Library: Local Government Deskbook (2017 Ed.)

2. (§1.8) Exercise of Police Power by Charter Counties

Unlike charter cities, charter counties have not been empowered under the Constitution to exercise all powers that the General Assembly could confer. Instead, article VI, § 18(b), of the Missouri Constitution directs that a county’s charter shall provide for “the exercise of all powers and duties of counties and county officers prescribed by the constitution and laws of the state.” The charter is permitted to “provide for the vesting and exercise of legislative power pertaining to any and all services and functions of any municipality or political subdivision, except school districts,” either in unincorporated areas or throughout the county depending on what the voters approve. Mo. Const. art. VI, § 18(c).

The effect of these provisions is distinct from the powers conferred on charter cities. A charter county’s power to provide for county officers is fairly clear. Less clear is the extent to which a particular exercise of power is within the article VI, § 18(b), authorization to “exercise . . . all powers and duties of counties . . . prescribed by the constitution and laws of the state.” As noted in Flower Valley Shopping Center, Inc. v. St. Louis County, 528 S.W.2d 749 (Mo. banc 1975), county charters and the ordinances enacted under them are not permitted under § 18(b) to “‘invade the province of general legislation’ involving the public policy of the state as a whole.” Id. at 754 (citing State ex rel. Spink v. Kemp, 283 S.W.2d 502, 514 (Mo. banc 1955)). In Flower Valley, the Court...