PATA History Pages

Limited Home Rule for Townships Presentation

Presented at a public meeting on June 1, 2003

Link to PDF Documents on the Violet Township web site for your information as Violet considers Home Rule

Excerpt from the Presentation

If a township has a population of at least 5,000 but less than 15,000, then the trustees can adopt a resolution to submit the issue of limited home rule to the voters. That goes on the ballot at the next general election at least 75 days after the certification of the resolution to the board of elections.

If a township has a population of 15,000 or more, then the board of trustees has to hold at least one public hearing and can then by unanimous vote adopt a resolution establishing the limited home rule and limited police powers authorized under 504. That resolution becomes effective 30 days after the date of its adoption. However, if within that 30 day period there is a petition signed by at least 10 percent of the registered voters of the township at the last general election for governor, that seeks to put the issue on the ballot, then the trustees must submit the question to the board of elections for the next primary or general election occurring at least 75 days after the petition is presented.

Or, in a township of 15,000 or more the trustees by majority vote can decide to submit the question to the electors at the next general election at least 75 days after certification of the resolution to the board of elections.

Further, any township that has 15,000 or more population shall be called an urban township. The statute makes clear that townships under 5,000 are not permitted to adopt a limited home rule government. Further, if the population is between 5,000 and 15,000, or over 15,000, the electors may submit a petition with at least 10 percent of the voters who voted in the last governor’s election to require them to adopt a resolution to put it on the ballot. It is important to note that townships that have not adopted limited home rule are not permitted to exercise the powers allowed under 504. See OAG 2002-009.

(B) Chapter 504.02. The board of trustees has to publish notice of the limited home rule government in a newspaper of general circulation in the township and have the notice and description posted in five (5) conspicuous places in the unincorporated area of the township at least 45 days before the election. If a majority of the voters elect the limited home rule government, then that becomes the township’s government on January 1st following the election. The ballot language is either for adoption of a limited home rule government, or against the adoption.

(C) Chapter 504.03 covers how one terminates limited home rule. At least three (3) years of limited home rule occurs before it can be terminated. The board of trustees can adopt a resolution putting the issue on the ballot at the next general election 75 days after certification of the resolution to the board. The ballot language is for continuation of limited home rule, or against continuation. Forty-five (45) days before the election a similar notices must be given in a newspaper of general circulation and posted in five (5) conspicuous places. Further, the voters at any time can, by initiative petition, require the issue to be submitted to the voters. If the voters vote against continuing home rule, then it ends of January 1st of the year following the election. If it is terminated, then the board of trustees must pass a resolution repealing all ordinances adopted under the limited home rule forum. Further, if a township had converted its board to a five (5) member board of trustees, then the two (2) members who receive the lowest number of votes cease to be township trustees on the date limited home rule terminates.