HOME RULE, MUNICIPAL). In some other States the legislature is forbidden to charter any city by special laws, being required to deal with all cities, or with all cities within designated classes, by means of a general enactment or municipal code. In a few States, notably in New York and Massachusetts, the legislature has enacted charter') laws, allowing each city, with certain exceptions, to decide for itself by popu lar vote which of several types of charter it will adopt.
In any case the charter outlines the political organization of the city, defines the way in which the various officials shall be chosen, their relations to each other and the powers which they may exercise. American city charters are sometimes elaborate documents, setting forth in great detail the functions and responsibilities of many officials.
Administrative (a) The Mayor. — In most cities of the United States the chief administrative official is the mayor, who is elected by popular vote for a term of from one to four years. Very few cities retain the one year term. As a rule any qualified voter is eligible, but in some cities there are additional qualifications as to age and length of residence in the city. The nomination of candidates is usually by party convention or by a primary • the election is by secret ballot, and the suffrage is that prescribed by State law for State elections. Mayors are paid salaries which vary according, to the size of the city, and in the large municipalities their work de mands almost the whole of the incumbent's time. As a rule a mayor who has served a term is eligible for re-election, but to this there are a few exceptions. The powers of the mayor may be grouped broadly under four heads, (1) the power to initiate municipal legislation; (2) the veto power; (3) the ap pointing power; and (4) powers in relation to local finance.
The power to initiate legislation arises from the mayor's right to send messages or com munications to the city council upon any official matter. Except in a few cities the mayor is not the presiding officer and indeed does not usually appear before the council in person.
But he may at any time address the councillors as a body by sending a written communication to be read by the clerk. These communications, after being read to the council, are referred to one of its committees and the matter to which the communication relates is in due course brought back to the council with the commit tee's recommendation thereon. In this way the mayor may and often does exert an important influence upon the council's legislative work.
In the second place the mayor possesses in most cities (except those which have adopted the commission plan or some similar form of government) the right to veto any ordinance or resolution of the council which does not meet with his approval. All such ordinances and resolutions must be sent to the mayor for his signature. If he approve an ordinance or reso lution, he signs it; if not, he may return it to the council without his signature, accompanied by his reasons within a designated period of time, usually five days. If within this period he neither signs nor returns the ordinance or resolution it becomes effective without any further action on his part.
But the mayor's veto of the council's action is not necessarily final. After hearing the mayor's reasons the council takes a vote of its members upon the question of sustaining or overriding the mayor's decision. If the pre scribed majority of the councillors vote to over ride the mayor, the measure goes into effect notwithstanding the mayor's veto. This pre scribed requirement is usually two-thirds of the members of the council; but in a few cities it is fixed at three-fourths or three-fifths.
Mayors have used their veto powers freely, much more so than the chief executives of the nation and the States. The passing of measures over the mayoral veto is also quite common. Much difference of opinion exists as to whether the executive veto, in municipal government, has justified its existence.