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�... The Honorable Steve Smith December 1,2003 Page 3 S. Do local administrative hearing procedures deny alleged ordinance violators any of their constitutionally protected due process or equal protection rights? 6. Do local administrative hearing procedures violate the principle of separation of powers between the executive branch and the judicial branch by infringing on the district court's original jurisdiction? Our analysis of these issues is set forth below. LAW AND ANALYSIS As a preliminary matter, this Office does not render opinions on hypothetical questions, conduct general reviews of local enactments or proposals to identify possible legal issues or evaluate the constitutionality of legislative enactments. See Op. Atty. Gen.629x,May 9-, 1975. Consequently,we are unable to render definitive opinions that fully address the complete range of.issues implicit in your questions_ We can,however, offer the following eamrnents which we hope will,be helpful to the committee in its deliberations. First, as you probably know, cities, as subdivisions of the state,have only those powers that are expressly granted by statute or charter,or are reasonable and necessary to implementation of such express powers. See, e.g., County Joe, Inc. v. City of Eagan, 560 N.W_2d 681 (lviinn. 1997). Second, in the exercise of their general express or implied powers, cities may not establish programs or procedures that are incompatible with state statutes or address areas of the law that have been preempted by state law either expressly or by implication. See, e.g., LaCrescent Twp v. City of LaCrescent, 515 N.W.2d 608 (Minn. Ct. app. 1994); Norlhwest Residence v. City of Brooklyn Park, 352 N.W.2d 764 (Minn. Ct. App. 1984). This principle applies notwithstanding the brpad powers of self-government generally exercised under home- rule charters. As noted by the Court in State ex rel. Town of Lowell v. City of Crookston, 202 Minn. 526,91 N.W.2d 81 (1958): The power conferred upon cities to frame and adopt home rule charters is limited by the provisions that such charter shall always be in harmony with and subject to the constitution and laws of the state. Id. at 528,91 N.W.2d at 83. In general, (a)direct conflict occurs when"[he ordinance and the statute contain express or implied terms that are irreconcilable;" (b)more specifically, an ordinance conflicts with state law if it"permits what the statute forbids;"(e)similarly,there is conflict if the ordinance"forbids what the statute expressly permits;- and (d)"no conflict exists where the ordinance, though different, is merely additional and complementary to or in aid and furtherance of the statute."