Since the City of West Sacramento was incorporated in 1987, there has been no city charter in place. The City of West Sacramento has been operating as what is referred to as a general law city. The California Constitution allows cities to become charter cities. Any city that has not adopted a charter is considered to be a general law city. In California, there are 482 cities and 121 of them are charter cities.

General law cities are bound by the State of California’s laws, even when it concerns municipal affairs. The California Constitution does not specifically define what a municipal affair is, but it does list four “core” categories that are, by definition, municipal affairs. These categories include the regulation of the city police force, sub-government in all or part of a city, conduct of city elections, and the manner in which municipal officers are elected.

Beyond this list, the courts are left to determine what is and is not a municipal affair. The court will ask whether there are good reasons that are grounded on statewide interests for the state to preempt a local law. Issues that are considered to be municipal affairs today could be thought of as areas that are a statewide concern in the future.

These could include municipal election matters, land use and zoning decisions, how a city spends its tax dollars, and municipal contracts that deal with competitive bidding statutes. Some other areas that the courts have classified as areas of statewide concern are traffic and vehicle regulation, tort claims against a government entity, and regulation of school systems.

A general law city can be governed by a city council of five members, a city clerk, a police chief, and a fire chief. The city electors can adopt ordinances that provide for a different number of council members. Charter cities can provide for any form of government, including the “strong mayor” or the “city manager” form, which West Sacramento has.

A charter city is not bound by the California Elections Code, and many establish their own election dates, rules, and procedures. In a general law city, at-large elections are held where the voters can select any candidate on the ballot. Cities may choose to elect their city council by districts. The Mayor may be elected by the city council or by a vote of the people, which is currently done in the City of West Sacramento.

Minimum qualifications for city council members include U.S. citizenship, being over 18 years of age and a registered voter, and a resident of West Sacramento fifteen days before the election. If a person is elected by or from a district, they are required to reside in that geographical area. A charter city can establish its own criteria for holding a city office, provided it does not violate the U.S. Constitution. Both the general law and the charter city may provide for term limits for their elected officials. Currently, there are no term limits for elected officials in the City of West Sacramento.

If a city is a general law city—as West Sacramento is currently—and the city wants to become a charter city, they must adopt a charter. There are two ways to adopt a charter. The city’s voters elect a charter commission, and they have the responsibility to draft and debate the charter. The second way is that the governing board of the city—in this case, the Mayor and city council—on its own motion has to draft the charter. In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city’s voters.

Before the vote is held to determine which method of law the citizens of West Sacramento prefer, public hearings will be held. The actual drafting of the charter would not take place until early next year. After the public hearings, the proposed city charter will be voted on in November 2016. Citizens should plan to attend the public hearings to learn more about what type of law will be the best for their city.

Sources: League of California Cities, West Sacramento City Council meeting of October 21st, 2015.