Municipal and Local Law

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Municipal and Local Law

• Class Handout
• Local Government Resources

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Overview

• Originally the state legislature exercised all
  legislative powers but changed as cities grew.
• Powers of the municipalities are delegated powers
  - granted by constitutional or statutory
  provisions.

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Types of Government Entities

• Cities, villages, incorporated towns, counties,
  townships and school districts which are
  authorized to enact and enforce governmental
  regulations.
• Metropolitan area councils
• i.e. Association of Bay Area Governments
• Single purpose authorities - port authorities,
  water districts, transit authorities and Mosquito
  Abatement districts

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Problems with Local Law Research

• Complexity - 85,000 to 90,000 units of local
  government.
• Not adequately or systematically published -
  although the internet is changing this
  dramatically.
• Historically there has been poor Lexis/WL access
  to local laws.

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Types of Local Documents

• Legislative - ordinances, codes, charters,
  resolutions.
• Ordinances are slip laws and codes are the
  codification.
• Administrative - budgets, financial reports,
  Environmental Impact Reports . Not much published
  but more and more on local government websites.
• Judicial - trial courts.

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California Units of Government

• Cities
• Counties
• Special districts
• Bay Area Air Quality Management District
• Regional bodies
• ABAG

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Terms of Incorporation in CA

• Terms of incorporation dictate
• how locality is organized
• level of responsibilities for services
• power to legislate
• autonomy from state control

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CA Home Rule Option

• Governed under the framework of the California
  Government Code - known as general law
  jurisdictions.
• Most of California's incorporated communities are
  general law cities
• Article XI, sections 1 and 2 of the State
  Constitution directs the state legislature to
  prescribe a uniform procedure for the formation
  of cities and counties.
• Govt Code 23000 and 340000 have procedures and
  status and powers.

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CA Charter Rule Option

• Cities can adopt a charter giving a maximum
  degree of local discretion and home rule.
• Known as "charter" jurisdictions.
• an organic law similar to a constitution
• The larger cities and counties tend to be charter
  jurisdictions
• 107 Charter Cities in CA
• Charter cities operate largely in accordance with
  their own city charters (i.e. Berkeley, and
  Oakland).
• Article XI Section 3 of the Constitution gives
  cities and counties the ability to draft and
  adopt charters. A majority of the population in
  a city/county vote in favor of a home rule
  charter. It then becomes the governing law of
  the city or county.
• San Francisco is only consolidated city and county

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Special Districts

• Special districts are local entities that have a
  special purpose
• e.g., fire protection, irrigation, mosquito
  abatement, street lighting, water supply, waste
  disposal
• Cross municipal boundaries
• Governing boards may be elected or appointed or
  is city council or board of supervisors of the
  city or county in which the special district is
  located.
• California has over 4,800 special districts
• Example Port Authority of Oakland

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Regional Bodies

• Regional bodies address concerns that extend
  beyond local city and county boundaries
• Some are advisory only, and others have true
  regulatory powers.
• Councils of government, which have a regional
  planning function are advisory
• Metropolitan Transportation Commission
• Allocates federal transportation funds
• Association of Bay Area Governments
• Air quality management districts are regulatory.
• Bay Area Air Quality Management District

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Local Publishing

• Ordinance - single measure passed by an elected
  body. California Constitution Article XI, section
  7 states a county or city may make and enforce
  within its limits all local, police, sanitary and
  other ordinances and regulations not in conflict
  with general laws of the state of CA.
• Collected into codification
• TOC, index in looseleaf format, unannotated. No
  bells and whistles. Some tables
• City or county clerk should file, codify, index
  and publish codes
• Slow and updating spotty
• May contract out publishing to various publishers
• Example Oakland 1.01.010 Adoption.
• Charters amended via local referendum and are
  published in annual volume of Cal statutes, voter
  handbook, and supplements to published charters
• Example Oakland Charter Article II

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Local Publishing Contd

• Local ordinances available in issuing clerks
  office, local county law library or main library
  in county.
• Cal government code 50110 mandates all local
  publications to go into Institute of Governmental
  Studies (UCB), Public Affairs Service (UCLA) and
  California State Library.
• Local agency participation is voluntary and seen
  as burdensome and costly by local officials.
• IGS now has 75 of cities and counties.

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Electronic Sources for Codes

• A number of municipal code publishers making
  codes available for free
• Class Handout List of Publishers
• IGS
• Municipal Codes (Seattle Public Library) has
  links to code publishers as well as individual
  cities and counties

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Example Berkeley Municipal Code

• http//www.ci.berkeley.ca.us/bmc/
• Complete code in pdf
• Miscellaneous Tables and Index includes Ordinance
  List and Disposition Table
• 6826-NS Amends 12.26.010 and 12.26.030, and
  adds 12.26.110 and 12.26.120, imposing a quota
  and deconcentration requirements on medical
  marijuana dispensaries (12.26)
• Records Online Search Application
• medical marijuana
• Chapter 12.24 Marijuana Policy

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Example Oakland "Access To Reproductive Health
Facilities" Ordinance

• Office of the City Clerk
• Legislative Search
• reproductive health
• Note ordinance
• Legislative File
• Report
• Supplemental Report
• Streaming Video

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Lexis Municodes and Native Lexis

• As publisher of numerous codes, Lexis has a free
  Municipal Codes Web Library
• These codes also appear on regular lexis
• Legal gt States Legal - U.S. gt Combined States gt
  Statutes Legislative Materials gt Municipal
  Codes
• dog! w/25 (noise or bark!) - in Oakland and
  Alameda County codes combined

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Westlaw

• All Databases gt Topical Materials by Area of
  Practice gt Municipal Law gt Forms, Treatises, and
  Other Practice Materials
• Ordinance Law Annotations (ORDLAWANNO)
• Search gun w/3 show!
• All Databases gt Topical Materials by Area of
  Practice gt Municipal Law gt Municipal Law Forms,
  Treatises, and Other Practice Materials
• Municipal Library Multibase (MUNI)
• Search panhandl!

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Secondary Sources

• See class handout , especially
• Ordinance Drafting and Case Law
• Looseleaf Services
• Hornbooks and Handbooks
• Casebooks and Treatises
• Of particular note
• California Municipal Law Handbook
• IMLA Model Ordinance Service
• Municipal Ordinances, text and forms, by Matthews
  
• Sands, C. Dallas, Local government law
• Stevenson, Sandra M, Antieau on local government
  law

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Other Resources

• California Planners Book of Lists
• California Local Planning Documents Database
• The State and Local Government on the Net
  Directory
• National Association of Counties
• National League of Cities