CHAPTER 10- LOCAL GOVERNMENT
10.1- WHAT LOCAL GOVERNMENTS PROVIDE
Local governments serve the common good through services they provide. What would your community be like if your local government didn't provide police and fire protection, safe water, garbage removal, or schools?
Most local governments operate at several different levels, including:
Local Services:
Local governments, whether they're large or small, provide many of the same basic services. These generally fall into six broad categories:
Local Taxes:
All of these local services cost money. Usually, communities don't have enough money to provide all the services people want. Local governments have to make difficult decisions about how to spend the money they have.
Where do local governments get most of the money they need to do their work?
Most local governments operate at several different levels, including:
- City Governments
- County Governments
- Town, Township, and Village Governments
- Special Districts
Local Services:
Local governments, whether they're large or small, provide many of the same basic services. These generally fall into six broad categories:
- Education: Local governments spend the most money on education. Counties, cities, and school districts provide all public education through the end of high school
- Public Safety: Local governments provide emergency services and police and fire protection. They also hire people called inspectors to make sure that safety rules are followed in buildings and businesses.
- Health and Welfare: Local governments work with state and federal officials to offer help to people in need. These services include health care, child care, and job training.
- Environment and Housing: Local governments provide low-cost housing, public parks, garbage collection, and sewage treatment.
- Land Use- Local zoning rules divide a community into areas. Community planners specify how these areas will be used-- some for homes and some for businesses.
- Utilities: Government utility services include water, gas, and electricity.
Local Taxes:
All of these local services cost money. Usually, communities don't have enough money to provide all the services people want. Local governments have to make difficult decisions about how to spend the money they have.
Where do local governments get most of the money they need to do their work?
- Taxes: Property taxes, which are taxes on land and buildings, provide more than 30 percent off local government money. Some communities also have a local sales tax.
- Federal and State Governments: Federal and State Governments often give money to local governments. These grants are usually given to help support services that are state or national priorities.
- Other Income: Communities can also make money through special fees and charges. Building inspection fees, parking meters, and government owned untilties are just a few sources of local income.
10.2- THE AUTHORITY OF LOCAL GOVERNMENT
When America was young, new settlements and communities were created as a nation expanded. When these communities grew, people began to establish local governments to provide necessary services.
The US Constitution makes no mention of local governments. State governments determine the authority or powers of local governments within their boundaries. Today different states give different powers to their local governments.
Dillon's Rule
Judge John F. Dillon was the chief justice of the Iowa Supreme Court in the mid-1800s. Dillon strongly distrusted local government officials, because many local government officials of his day were dishonest. government corruption led to changes and reforms in local government.
In 1868, Iowa, Judge Dillon responded to the increasing corruption by ruling that all local governments in Iowa must be authorized by the state, and that the state has total control over them. This became known as Dillon's rule. It meant that local governments could do only those things that the state said they could do.
Home Rule
In 1871, Michigan judge, Thomas Cooley objected to Dillon's rule. Cooley stated that cities should be able to govern themselves. This led to a home rule movement by local governments that wanted greater independence from the state.
Home rule powers are generally granted by a state government to the local government by one of two methods.
Home Rule doesn't give a local government absolute authority. Since counties and other unites of local government are created by state government they will always be affected by state law.
Example: Virginia is generally seen as a Dillon's Rule state. However, over the years the state legislature has granted local government broader powers.
Utah:
Utah: There is not a lot of case law defining the relationship between the State and the local governments, Utah has adopted something close to the statutory home-rule framework.
1. State v. Hutchinson, 624 P2d 1116 (Utah 1980) (3-2 decision): The Utah Supreme Court clearly rejects the strict application of Dillon’s rule and calls for courts to interpret any grants of power liberally in favor of the local government.
2. Grants of authority: The Utah Constitution and Legislature have given broad grants of authority to local governments. The Legislature also gave broad grants of authority to the Board and Division.
To explain- if we have to call Utah anything- it would be a Home State- but since the Legislature has the ability to override any local legislation they do not like, it is not completely a Home State. So... Utah is weird. ;)
The US Constitution makes no mention of local governments. State governments determine the authority or powers of local governments within their boundaries. Today different states give different powers to their local governments.
Dillon's Rule
Judge John F. Dillon was the chief justice of the Iowa Supreme Court in the mid-1800s. Dillon strongly distrusted local government officials, because many local government officials of his day were dishonest. government corruption led to changes and reforms in local government.
In 1868, Iowa, Judge Dillon responded to the increasing corruption by ruling that all local governments in Iowa must be authorized by the state, and that the state has total control over them. This became known as Dillon's rule. It meant that local governments could do only those things that the state said they could do.
Home Rule
In 1871, Michigan judge, Thomas Cooley objected to Dillon's rule. Cooley stated that cities should be able to govern themselves. This led to a home rule movement by local governments that wanted greater independence from the state.
Home rule powers are generally granted by a state government to the local government by one of two methods.
- Charter Form: Local government writes a charter to be approved by the state. This charter outlines the principles, functions and organizations of a local government. It serves as the government's "constitution" and defines the rights and powers of the local government.
- Optional Form: The State government provides specific choices of structures for local government, such as the council manager form or the mayor council form.
Home Rule doesn't give a local government absolute authority. Since counties and other unites of local government are created by state government they will always be affected by state law.
Example: Virginia is generally seen as a Dillon's Rule state. However, over the years the state legislature has granted local government broader powers.
Utah:
Utah: There is not a lot of case law defining the relationship between the State and the local governments, Utah has adopted something close to the statutory home-rule framework.
1. State v. Hutchinson, 624 P2d 1116 (Utah 1980) (3-2 decision): The Utah Supreme Court clearly rejects the strict application of Dillon’s rule and calls for courts to interpret any grants of power liberally in favor of the local government.
2. Grants of authority: The Utah Constitution and Legislature have given broad grants of authority to local governments. The Legislature also gave broad grants of authority to the Board and Division.
To explain- if we have to call Utah anything- it would be a Home State- but since the Legislature has the ability to override any local legislation they do not like, it is not completely a Home State. So... Utah is weird. ;)
10.3- CITY GOVERNMENTS
The government officials of early America's small towns and cities spent most of their time managing the growth of business and dealing with problems such as livestock running through the streets. In most places, city governments remained relatively small until the mid-nineteenth century.
The earliest American city governments had a mayor and council- a group of people who made laws and carried out the business of running the city. Reform movements of the 1800s led to new forms of government. Today, most city governments are based on one of three organizational plans.
Mayor-Council Plan
The mayor-council plan is the most widely used city government plan and consists of a:
Under this plan, the mayor's power is limited. in some, the council chooses the mayor from its own members, chooses city officials, makes laws, and determines the budget. In others like Chicago, them mayor is elected, but the state charter gives the council power to block him. Chicago's mayors have gotten around this by using the workings of the political party, the "machine," to build strong alliances with council members.
Council- Manager Plan
In response to corrupt political parties and bosses, reformers tried to lessen the role of party politics in local government. Reformers developed a council-manager plan.
The council-manager system effectively deals with many of the abuses in city government, but no form of local government is perfect. This model also has weaknesses.
Commission Plan
A hurricane in Galveston, Texas, in 1990, led to another plan for city government reform. The weak-mayor government of Galveston could not effectively organize the rebuilding of the city. As a result, the citizens of Galveston changed their charter to replace the mayor and city council with a commission plan. In this type of plan:
While this plan worked well in the rebuilding of Galveston, it did not provide for a strong leader. In recent years Galveston and many other cities have decided not to use the commission plan.
The earliest American city governments had a mayor and council- a group of people who made laws and carried out the business of running the city. Reform movements of the 1800s led to new forms of government. Today, most city governments are based on one of three organizational plans.
- The Mayor-Council Plan
- The Council- Manager Plan
- The Commission Plan
Mayor-Council Plan
The mayor-council plan is the most widely used city government plan and consists of a:
- Mayor- The elected head of the executive branch of the city government, the equivalent of a presidents or governor's role.
- Council- The legislative body (like Congress) elected to make laws and policies. The council typically has from five to nine members. Larger cities may have larger councils. For example, Chicago has 50 council members, called aldermen.
Under this plan, the mayor's power is limited. in some, the council chooses the mayor from its own members, chooses city officials, makes laws, and determines the budget. In others like Chicago, them mayor is elected, but the state charter gives the council power to block him. Chicago's mayors have gotten around this by using the workings of the political party, the "machine," to build strong alliances with council members.
Council- Manager Plan
In response to corrupt political parties and bosses, reformers tried to lessen the role of party politics in local government. Reformers developed a council-manager plan.
- Council- The council is chosen through an election, in which candidates are not associated with any political parties. The council makes laws and hides the city manager.
- City Manager- The manager is a professional, nonpolitical director hired by council members. The manager can hire or fire local government employees and is responsible to the council.
The council-manager system effectively deals with many of the abuses in city government, but no form of local government is perfect. This model also has weaknesses.
- It provides no strong executive leader.
- It doesn't provide a system of checks and balances for powers of the council.
Commission Plan
A hurricane in Galveston, Texas, in 1990, led to another plan for city government reform. The weak-mayor government of Galveston could not effectively organize the rebuilding of the city. As a result, the citizens of Galveston changed their charter to replace the mayor and city council with a commission plan. In this type of plan:
- Each member of the commission- a group of people authorized or elected to perform certain governmental duties- is responsible for heading a particular city department, such as housing or public safety.
- The commission is responsible for passing laws and controlling spending.
- The mayor represents the government but has no real power.
While this plan worked well in the rebuilding of Galveston, it did not provide for a strong leader. In recent years Galveston and many other cities have decided not to use the commission plan.
10.4- COUNTY GOVERNMENTS
States are divided into areas, usually called counties. In Louisiana, these are called parishes. In Alaska, they are called boroughs. A county is another division of local government, the largest within a state.
In some places, county and city boundaries overlap. And in some places, the state government has merged the city and county. San Francisco, for example, is a city and a county. The city of New York consists of five counties or boroughs: Brooklyn, (also known as King's County), Queens, the Bronx, Manhattan, and Staten Island (also known as Richmond County).
How They Developed
The county developed in England from the shire, a unit of local government. Each shire was ruled by a shire-reeve, or sheriff, appointed by the king. The king appointed justices to help the sheriff take care of county business. Eventually, power passed from the king's officials to county councils elected by local residents.
English colonists established the county form of government when they came to America. Colonies were divided into counties to help carry out laws in rural areas.
In the past, counties performed duties as ordered by the state, such as:
Today, counties offer other types of services and programs, as well, including child welfare, consumer protection, economic development, employment training, planning and zoning, and water quality.
How they Work
The county government is located in the county courthouse in a town called the county seat, which is a sort of county capital. Generally county governments take one of three forms.
Commission:
This type of county government plans usually consists of a board, or small group, of supervisors or commissioners. Board members have both executive and legislative powers. They set up programs and policies and they pass local laws. The board members are elected by the voters of the country.
Commission-Administrator:
under this form, the country board of commissioners appoints an administrator to carry out its plans and policies. that individual may have a broad range of powers, including the authority to hire and fire department heads, and to make a budget.
Council-Executive:
This form of county government has a strong executive. A county executive is the chief administrative officer who has the power to veto laws passed by the county board, and ire and fire department heads.
Most counties still operate the commission form, but many have moved to either the county administrator or the elected executive type.
Other Officials:
Various other county officials help the board do its work.
In some places, county and city boundaries overlap. And in some places, the state government has merged the city and county. San Francisco, for example, is a city and a county. The city of New York consists of five counties or boroughs: Brooklyn, (also known as King's County), Queens, the Bronx, Manhattan, and Staten Island (also known as Richmond County).
How They Developed
The county developed in England from the shire, a unit of local government. Each shire was ruled by a shire-reeve, or sheriff, appointed by the king. The king appointed justices to help the sheriff take care of county business. Eventually, power passed from the king's officials to county councils elected by local residents.
English colonists established the county form of government when they came to America. Colonies were divided into counties to help carry out laws in rural areas.
In the past, counties performed duties as ordered by the state, such as:
- Property assessment- determining the value of buildings and land for tax purposes.
- Record-keeping for property and county information
- Maintenance of rural roads.
- Administration of election and judicial functions.
- Assistance for the needy.
Today, counties offer other types of services and programs, as well, including child welfare, consumer protection, economic development, employment training, planning and zoning, and water quality.
How they Work
The county government is located in the county courthouse in a town called the county seat, which is a sort of county capital. Generally county governments take one of three forms.
- Commission
- Commission- Administrator
- Council-Executive
Commission:
This type of county government plans usually consists of a board, or small group, of supervisors or commissioners. Board members have both executive and legislative powers. They set up programs and policies and they pass local laws. The board members are elected by the voters of the country.
Commission-Administrator:
under this form, the country board of commissioners appoints an administrator to carry out its plans and policies. that individual may have a broad range of powers, including the authority to hire and fire department heads, and to make a budget.
Council-Executive:
This form of county government has a strong executive. A county executive is the chief administrative officer who has the power to veto laws passed by the county board, and ire and fire department heads.
Most counties still operate the commission form, but many have moved to either the county administrator or the elected executive type.
Other Officials:
Various other county officials help the board do its work.
- County or district attorney- Lawyer for the government.
- Sheriff- Elected official who enforces the law.
- Superintendent of schools- supervisor of the school system.
- Treasurer- official who collects taxes.
- Auditor- official who reviews the cash accounts of other county officers.
- Property assessors- Officials who determine the value of property to decide the amount of taxes due from property owners.
10.5- TOWN, TOWNSHIP, AND VILLAGE GOVERNMENTS
As counties grew, town, township, and village governments were established to provide necessary services to people living in smaller communities.
Towns and Villages
A town or village is established when the state gives power to the local government. Villages and towns today are usually governed by a board of elected officers. These officers may include a mayor or supervisor, and a council or board of trustees- people elected or appointed to direct the funds and policy of the government. Other officials may include a clerk, or record keeper, a justice, a health officer, and police officers.
Townships
In most northeastern and midwestern American states, counties are divided into townships. Townships were first established to help set up schools and to repair roads in areas far from the center of county government. Today, many duties of the township have been taken over by city and county governments.
Townships provide many services the county would otherwise provide, including road maintenance, fire and rescue, and law enforcement. The structure of township government varies from place to place, but township officials usually include trustees, a supervisor, a clerk, and a treasurer.
Towns and Villages
A town or village is established when the state gives power to the local government. Villages and towns today are usually governed by a board of elected officers. These officers may include a mayor or supervisor, and a council or board of trustees- people elected or appointed to direct the funds and policy of the government. Other officials may include a clerk, or record keeper, a justice, a health officer, and police officers.
Townships
In most northeastern and midwestern American states, counties are divided into townships. Townships were first established to help set up schools and to repair roads in areas far from the center of county government. Today, many duties of the township have been taken over by city and county governments.
Townships provide many services the county would otherwise provide, including road maintenance, fire and rescue, and law enforcement. The structure of township government varies from place to place, but township officials usually include trustees, a supervisor, a clerk, and a treasurer.
10.6- SPECIAL DISTRICTS
Believe it or not, the most common kind of local government in the United States is known as the special district. Some special districts are called boards, authorities, or corporations.
What They Do
Special districts are unites of local, special purpose government set up to operate within specific limits. They are created to provide specific services to citizens that existing local governments do not provide, such as:
How They Work
Many special districts are governed by an elected board of directors. The directors of some districts are appointed. Districts raise money to pay for their services by:
The boundaries of some special districts are large enough to include several municipalities or urban governments. Some districts even cut across state lines.
Example: The Port of New York Authority was created by the states of New York and New Jersey to operate the harbor facilities on both sides of New York Harbor.
What They Do
Special districts are unites of local, special purpose government set up to operate within specific limits. They are created to provide specific services to citizens that existing local governments do not provide, such as:
- Water districts
- Fire districts
- Park districts
- Library districts
- Insect control districts
- Metropolitan transit districts (for public transportation)
How They Work
Many special districts are governed by an elected board of directors. The directors of some districts are appointed. Districts raise money to pay for their services by:
- Charging fees
- Receiving funding from the state, city, or county.
The boundaries of some special districts are large enough to include several municipalities or urban governments. Some districts even cut across state lines.
Example: The Port of New York Authority was created by the states of New York and New Jersey to operate the harbor facilities on both sides of New York Harbor.
10.7- ISSUES IN THE LOCAL GOVERNMENT
By now you may be wondering how all of these governments related to one another and work together to provide services to citizens. What challenges do they face?
Finances
What happens if there is not enough tax money to pay for the services that citizens need? Local governments may have to cut services to the community.
In 1978, the California State Legislature passed Proposition 13. The new law was the result of complaints from taxpayers. Many California homeowners were upset about high property taxes. The value of homes in the area had risen dramatically in just a few years and the taxes went up in response. Proposition 13 reduced taxes back to 1976 levels, and limited how much the government could raise the taxes in the future. Property owners across the state saved billions of dollars in taxes.
However, although lower taxes made many Californians happy, lower tax revenues meant less money for the state to spend and, therefore fewer services for citizens. The budgets for California's county governments were reduced, and spending cutbacks followed in education, law enforcement, and public services.
Fragmentation
By the 1920's, people were moving in larger numbers from the cities into suburbs. This resulted in more and more local government bodies sharing authority within a single metropolitan area- a city and the surrounding suburbs.
Example: The number of local governments in suburban St. Louis County, Missouri, increased from 21 in 1930, to 41 in 1940, to 83 in 1950.
All of these suburban governments faced a challenge. How could they work together to provide services and policies? Some metropolitan areas take a regional approach to tackle their problems. These governments tend to:
Cooperation
Even though their priorities may not always be the same, federal state, and local governments can work together to solve problems effectively. Groups such as the National League of Cities and the National Association of Counties coordinate policies and share information across levels of government.
Example: Federal, state, and local governments work together to solve crimes. The Federal Bureau of Investigation (FBI) trains local law enforcement officers. And local police depend on the FBI for information on known criminals who may have committed crimes in other cities and states.
It is not always clear which government body within an area is responsiblity for providing or funding a particular service. Sometimes the different governement units share the responsiblity. As government layers overlap, groups must cooperate to solve problems.
Finances
What happens if there is not enough tax money to pay for the services that citizens need? Local governments may have to cut services to the community.
In 1978, the California State Legislature passed Proposition 13. The new law was the result of complaints from taxpayers. Many California homeowners were upset about high property taxes. The value of homes in the area had risen dramatically in just a few years and the taxes went up in response. Proposition 13 reduced taxes back to 1976 levels, and limited how much the government could raise the taxes in the future. Property owners across the state saved billions of dollars in taxes.
However, although lower taxes made many Californians happy, lower tax revenues meant less money for the state to spend and, therefore fewer services for citizens. The budgets for California's county governments were reduced, and spending cutbacks followed in education, law enforcement, and public services.
Fragmentation
By the 1920's, people were moving in larger numbers from the cities into suburbs. This resulted in more and more local government bodies sharing authority within a single metropolitan area- a city and the surrounding suburbs.
Example: The number of local governments in suburban St. Louis County, Missouri, increased from 21 in 1930, to 41 in 1940, to 83 in 1950.
All of these suburban governments faced a challenge. How could they work together to provide services and policies? Some metropolitan areas take a regional approach to tackle their problems. These governments tend to:
- Combine. The city government adds on or incorporates the suburbs. The entire area is governed as a whole by the city government.
- Cooperate. the city government handles problems affecting the entire metropolitan area, and the individual governments within the area deal with local issues.
Cooperation
Even though their priorities may not always be the same, federal state, and local governments can work together to solve problems effectively. Groups such as the National League of Cities and the National Association of Counties coordinate policies and share information across levels of government.
Example: Federal, state, and local governments work together to solve crimes. The Federal Bureau of Investigation (FBI) trains local law enforcement officers. And local police depend on the FBI for information on known criminals who may have committed crimes in other cities and states.
It is not always clear which government body within an area is responsiblity for providing or funding a particular service. Sometimes the different governement units share the responsiblity. As government layers overlap, groups must cooperate to solve problems.