Chapter 14 – Counties, Cities, Villages & Townships
14.7 Home Rule Charters & State Laws
Home rule is the authority of local governments to organize and operate their governments differently from the standard structures established by state law. In Ohio, home rule gives local governments greater flexibility to determine their own form of government. This authority is subject to limits established by the Ohio Constitution and applicable state and federal laws.
A home rule charter is a legal document that serves as a local government’s constitution. It establishes how a county or municipal government is organized, distributes power among elected officials, and sets rules for how the government operates. In Ohio, home rule charters give local governments greater authority to manage their own affairs within the limits of state and federal law.
Any Ohio county can adopt a home rule charter if its voters approve it. A charter allows residents to change how their county government is organized, including the powers of elected officials and which county positions are elected rather than appointed.
Cities and villages can also adopt home rule charters. Unlike counties, however, Ohio municipalities already have certain home rule powers under the Ohio Constitution, even without a charter. A charter gives residents additional flexibility to decide how their local government operates.
For example, a municipality with a charter may choose a mayor-council form of government, in which an elected mayor leads the executive branch, or a council-manager form of government, in which an appointed professional manager oversees daily operations. The charter can also establish the responsibilities of elected officials and procedures for making government decisions.
Municipalities without charters generally follow the government structures and procedures established by the Ohio Revised Code. They still have home rule authority, but they have less flexibility to change how their government is organized.
In both counties and municipalities, voters must approve a proposed charter. Future amendments to the charter also require voter approval.
The main advantage of a home rule charter is local control. Rather than relying entirely on a standard structure established by the state, residents can adopt a form of government that better meets their community’s needs.
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
