AGO 85-17.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-17. Office of the Attorney General State of North Dakota Opinion No. 85-17Date Issued: May 6, 1985Requested by: Senator Donald Kilander--QUESTIONS PRESENTED--. Whether a city's home rule charter is repealed by the adoption of the city manager plan of government. Whether the governing body of a home rule city has the authority to provide for changes in the form or structure of the city manager plan of government. Whether a city manager plan of government must remain in effect for a minimum of five years prior to the institution of any changes in the form of government. Whether a city commission operating under a city manager plan of government continues to be responsible for the enactment of city ordinances. V. Whether a city manager prevails over the board of city commissioners and its president when conflicts occur between the statutory powers granted to the city manager and the statutory powers or duties granted to the board of city commissioners and its president--ATTORNEY GENERAL'S OPINION-- I. It is my opinion that a city's home rule charter is not repealed by the adoption of the city manager plan of government. It is my further opinion that the governing body of a home rule city has the authority to provide changes in the form or structure of the city manager plan of government. It is my further opinion that a city manager plan of government need not remain in effect for a minimum of five years prior to the institution of any changes in the form of government. It is my further opinion that a city commission operating under a city manager plan of government continues to be responsible for the enactment of city ordinances. V. It is my further opinion that the city manager prevails over the board of city commissioners and its president when conflicts occur between the statutory powers granted to the city manager and the statutory powers or duties granted to the board of city commissioners and its president unless the city in question is a home rule city and has provided otherwise through its charter and ordinances for the resolution of such conflicts. --ANALYSES-- I. The North Dakota Constitution, Article VII, Section 6, authorizes the establishment and exercise of home rule in North Dakota cities. The North Dakota Legislature has enacted N.D.C.C. Ch. 40-05.1 providing for the method of proposing and adopting home rule charters. The only manner in which home rule...