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Authority of Local Governments

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Types of Local Governments. Municipal: cities, towns, villages ... Currently over 3,000 municipalities use this type of government. ... – PowerPoint PPT presentation

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Title: Authority of Local Governments


1
Authority of Local Governments
2
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

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
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.

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 governments 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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