Section 2.3 Charter Governments Distinguished—A Uniquely Broad Authority to Create Local Law Not Seen in Other Forms of Municipal Government

• Library: Local Government Deskbook (2017 Ed.)

C. (§2.3) Charter Governments Distinguished—A Uniquely Broad Authority to Create Local Law Not Seen in Other Forms of Municipal Government

Much of this chapter discusses the interplay between the Missouri Constitution, state statute, and local ordinance and regulation. As a general matter, counsel should consider questions involving municipal government using a top-down approach: what does the Missouri Constitution say; if not the Missouri Constitution, what does state statute say; if not state statute, what do local ordinances and regulations say? This process adheres to general notions that local government exists at the pleasure of both the Missouri Constitution and the legislature. See, e.g., Engelage v. City of Warrenton, 378 S.W.3d 410, 413 (Mo. App. E.D. 2012). Indeed, it is often the case that state statute will prescribe the necessary authority and procedure municipal government must adhere to. For example, § 77.340, RSMo 2016, dictates when and how a municipal officer of a third class city may be removed from office.

Yet, charter cities stand uniquely apart from their municipal siblings. In 1893, the U.S. Supreme Court had an opportunity to consider St. Louis City’s unique form of government and described it as such:

As the legislative power of a state is vested in the legislature, generally that body has the supreme control, and it delegates

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