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Authority of Local Governments

Authority of Local Governments. Overview. Dillon’s Rule Enabling Legislation Police Power Home Rule Charter Inherent and Implied Powers Special Enabling Legislation Jurisdiction Organization of Local Governments Legislative vs. Administrative Action. Types of Local Governments.

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Authority of Local Governments

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  1. Authority of Local Governments

  2. Overview • Dillon’s Rule • Enabling Legislation • Police Power • Home Rule • Charter • Inherent and Implied Powers • Special Enabling Legislation • Jurisdiction • Organization of Local Governments • Legislative vs. Administrative Action

  3. 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

  4. 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.

  5. Dillon’s 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 unit’s objectives and purposes.

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

  7. 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.

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

  9. 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.

  10. 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.

  11. Organization of Local Governments Three types of governance: • Mayor-Council • Commission • Council-Manager

  12. 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.

  13. Weak-Mayor & Council Government Voters Council Mayor Boards Administrative Departments

  14. Strong-Mayor & Council Government Voters Council Mayor Boards Administrative Departments

  15. 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.

  16. 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.

  17. Commission Government Voters Municipal Judges Boards Commissioners Administrative Departments

  18. 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.

  19. 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.

  20. Council – Manager Government Voters Council Mayor Manager Administrative Departments

  21. 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.

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