Authority of Local Governments

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Authority of Local Governments
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Overview

• Dillons Rule
• Enabling Legislation
• Police Power
• Home Rule
• Charter
• Inherent and Implied Powers
• Special Enabling Legislation
• Jurisdiction
• Organization of Local Governments
• Legislative vs. Administrative Action

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Types of Local Governments

• Municipal cities, towns, villages
• Rural counties, parishes, townships
• Special schools, fire, water and sewer,
  improvement districts, etc
• Metropolitan joint city/county, combinations of
  local government
• Regional voluntary, prescribed

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Police Power

• The inherent and plenary power of a sovereign to
  make all laws necessary and proper to preserve
  the health, safety and general welfare.
• Police power is delegated to local governments by
  states.
• Cannot be granted to limited purpose governments
  such as utility districts, school districts.

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Dillons Rule

• 1868 Judge John Dillon ruled that a local
  government has only certain powers
• Those granted to it by the legislature in express
  words
• Those necessarily or fairly implied in or
  incident to the powers expressly granted
• Those (inherent powers) essential to the
  accomplishment of the governmental units
  objectives and purposes.

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Enabling Legislation

• Traditional source of power for local
  governments.
• Example Zoning enabling acts authorize local
  governments to create and enforce zoning
  ordinances.

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Home Rule

• General power delegated by some states to
  municipalities and counties to enact laws, and to
  adopt and enforce regulations that are necessary
  for it to govern appropriately.

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Charter

• A local governments constitution.
• Mechanism for states to confer powers to local
  governments.
• In some states, home rule cannot be granted
  without a charter.

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Special Districts

• Generally created through special enabling acts,
  establish policies and programs specific to a
  particular district or function and which are
  different than those affecting surrounding
  areas.
• Conservation Districts,
• Historic Districts,
• Redevelopment Districts,
• Downtown Improvement Districts,
• Schools.

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• Annexation
• The process of including certain adjacent lands
  into the jurisdiction of the adjoining
  municipality.
• At point of annexation, the previous zoning
  regulations terminate.
• Extra Territorial Jurisdiction
• An alternative to annexation that allows a
  municipality to manage growth outside of its
  corporate boundary.

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Organization of Local Governments

• Three types of governance
• Mayor-Council
• Commission
• Council-Manager

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Mayor-Council

• Oldest and most widespread form of city
  government.
• Weak-mayor / strong-mayor depending on the
  degree of authority granted to mayor.
• Council legislative bodies of cities, elected
  at-large or by wards or districts, usually
  non-partisan. Often do much of their work
  through committees. Can determine city policy,
  such as fire and police protection, water,
  refuse collection, street construction, traffic,
  recreational facilities, land use policy, etc.

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Weak-Mayor Council Government
Voters
Council
Mayor
Boards
Administrative Departments
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Strong-Mayor Council Government
Voters
Council
Mayor
Boards
Administrative Departments
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Commission

• Popular in early 1900s, receiving widespread
  attention following a major hurricane in
  Galveston, TX (mayor-council unable to cope with
  devastating situation).
• Currently, less than 100 cities over 5,000 pop.
  have this form of government.
• Most notable feature concentration of major
  legislative, executive and administrative
  responsibilities in a single body.

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Commission continued

• Major characteristics
• Small, popularly elected commission.
• Mayor who is member of the commission.
• Members of commission serve individually as
  top-level administrators in charge of major
  departments.
• Commission is usually 3-5 members.
• No distinction between policymaking and
  policy-execution.

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Commission Government
Voters
Municipal Judges
Boards
Commissioners
Administrative Departments
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Council-Manager Government

• Brought about by 1913 Dayton, OH flood (city
  government deemed ineffective).
• Founders decided to put business in government.
• Currently over 3,000 municipalities use this type
  of government.
• Popular in cities 25,000-250,000 pop.
• Main feature separation of legislative and
  administrative functions.

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Council-Manager Continued

• Council responsible for determining policies and
  choosing a manager.
• Mayor provides political leadership, concerned
  with policymaking and ceremony.
• Manager has full responsibility for the
  administration of city affairs.

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Council Manager Government
Voters
Council
Mayor
Manager
Administrative Departments
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Legislative vs. Administrative Action

• Legislative action courts usually give
  legislative actions of local governments a strong
  presumption of validity.
• Administrative action must adhere to legislative
  standards. Courts are wary of delegation of
  authority to non-elected bodies.