concurring specially.
I concur in the result and much of what Justice Sand has written concerning this matter. I agree that before a city may exercise particular home-rule authority that authority must have been granted to home-rule cities by the Legislature. Although I *635concede an argument can be made that if the Legislature had intended a home-rule city to have unrestricted authority to change the form of government of the city the Legislature would have expressly so stated, we know that what appears to be clear and concise to one person may seem vague and ambiguous to another. In enacting Section 40-05.1-06(4), N.D.C.C., the Legislature authorized home-rule cities to “provide for city officers, . . . their selection, terms, powers, duties, qualifications, and compensation.” Section 40-15-01, N.D.C.C., provides, in part, that in cities operating under the commission system of government “The following officers” are to be elected: a president of the board of city commissioners and four city commissioners. Section 40-14-01, N.D.C.C., provides, in part, that in cities operating under the council form of government “The following officers” are to be elected: a mayor and the aldermen required under the particular form of mayor-council government adopted by that city. There is thus an indication that the Legislature considered the members of the governing body of a city to be “officers” of that city. I believe an argument can be made that the Legislature by enacting Section 40-05.1-06(4), N.D.C.C., has granted to home-rule cities the right to select their own form of government, independent of the statutory restrictions applicable to cities that have not adopted a home-rule charter. It would, of course, be preferable if the Legislature had been more specific in expressing its intent.
Despite this possible interpretation of Section 40-05.1-06(4), and despite the provision in the Fargo home-rule charter permitting that city to change its form of government, no ordinances have been drawn to our attention which implement that provision. As Justice Sand has noted, it is not sufficient that the Legislature has granted home-rule cities certain powers. Those powers must also be included in the city charter and “implemented through ordinances” in order to be operative.
Perhaps because there are no ordinances implementing the charter provision for a change in the form of government the proposal in the petitions was inexact and indefinite. It provided no time frame within which the change in the form of government was to be implemented. It contained no provision as to the method of selection of the aldermen, i. e., at large or by wards; it contained no provision as to whether or not there was to be a mayor or, if there was to be a mayor, how that officer was to be selected. Although we were told at oral argument these details could be prescribed by ordinance if the electorate approved the change in form of government, I cannot agree with that concept for two reasons: First, the electors are entitled to know the details of what they are asked to approve or reject before the election — not after the fact. Second, to leave to the present city government the responsibility of specifying the details of the change in the form of government can only lead to further legal actions to determine whether or not the governing body has acted in accord with the dictates of the electorate as to time and manner of changing the form of city government. The issue proposed is just too indefinite to inform the electorate of the city of the changes in form of government which are proposed.