Chapter 14 – Counties, Cities, Villages & Townships
14.7 Home Rule Charters & State Laws
In Ohio, the local government equivalent of a constitution is called a home rule charter. This document outlines the organization, powers, functions, and essential procedures of the local government, similar to how a constitution establishes the structure of government, sets the rules for its operation, and provides a framework for making laws and policies.
However, not all local governments in Ohio have charters. While home rule governments generally serve populations larger than 5,000 residents, not every community of this size has home rule status. According to the Ohio Revised Code, a community must first adopt a charter to exercise home rule powers. Voters must approve the charter, and any subsequent changes can only be made through amendments also approved by voters.
Home rule governments have the flexibility to create their own rules and regulations. If their charter permits, they can establish their own structure and procedures for operating the government. For example, a community may establish a council-manager form of government, or they may prefer the strong-mayor model. They also have the authority to enact laws applicable to all residents and entities in the community, provided those laws do not conflict with state or federal laws. This flexibility allows them to tailor their operations to better meet the needs of their communities.
Local governments without charters must follow the specific standardized laws set out in the Ohio Revised Code. These laws provide a detailed framework that outlines what local governments can and cannot do. This standard set of rules ensures consistency and uniformity across these local governments but also means they have less flexibility compared to those with charters.
For example, a city with a charter can decide how its government is structured, choose its own form of government (such as a mayor-council or council-manager system), and create local laws that address specific community needs. Conversely, a locality without a charter must adhere strictly to the state laws that dictate how they operate and what powers they have.
Foundational Facts
Established in the Ohio Constitution, Article XVIII, Sections 3 and 7, home rule gives these local governments the power to exercise “all powers of local self-government” and adopt their own charters, as long as they do not conflict with state laws.
Reference
Ohio Revised Code: https://codes.ohio.gov/ohio-revised-code
