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
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
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.
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.
Enabling Legislation
Traditional source of power for local governments.
Example: Zoning enabling acts authorize local
governments to create and enforce zoning ordinances.
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.
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.
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.
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.
Organization of Local
Governments
Three types of governance:
1. Mayor-Council
2. Commission
3. Council-Manager
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.
Weak-Mayor & Council Government
Voters
Council Mayor Boards
Administrative Departments
Strong-Mayor & Council Government
Voters
Council Mayor Boards
Administrative Departments
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.
Commission continued…
Major characteristics:
1. Small, popularly elected commission.
2. Mayor who is member of the commission.
3. Members of commission serve individually as top-level
administrators in charge of major departments.
4. Commission is usually 3-5 members.
5. No distinction between policymaking and policy-execution.
Commission Government
Voters
Municipal
Boards Commissioners Judges
Administrative Departments
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.
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.
Council – Manager Government
Voters
Council Mayor
Manager
Administrative Departments
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.