Home Rule: Powers and Protection Key question: distribution of power between state and localities • Source of local government powers? – Inherent? (no; per tradition, need for uniformity) – Alternatives • Specific statutes or charter provisions (but questions of interpretation per Dillon’s rule? ) • “General welfare” statutes (but how mesh with specific? ) • “Home Rule” provisions (generally option if choose) • Protection v. state intrusion? – “special commission”/ “special legislation? – certain forms of “home rule” • Preemption (state role in curtailing local options)
Home Rule: Basics • Why “home rule”? – Mapping out local government power in clear terms and with clearer process of interpretation – Supplements statutory powers – May address issues of judicial interpretation – More comprehensive range of power – Often prerequisites • If constitutional, may not be self-executing • If available, still need to opt in (per charter)?
Home Rule: Type 1 (“Imperio”) • Conceptually = state within a state (with comprehensive designated powers) • Terms may vary – Typically, power over “municipal affairs” or “powers of local self-government” – Examples: NY, CT, Ohio, WA, CA • Power and protection with regard to “local”/”municipal” affairs, but state still has role with respect to “state” or “mixed” arenas • Courts therefore still required to interpret
Home Rule: “Imperio” Applied • Denver (Colo. 1990) municipal residency requirement for city employees; state later sought to preempt – Certain cities vested with power to “make charter” “which shall …extend to all its local and municipal matters”…”including power to legislate upon… creation and terms of officers, agencies, and employments; the…regulation …powers, duties, qualifications and terms or tenure of all municipal officers, agents and employees” – Question: Local? State? Or shared interest? – Analyze: need for statewide uniformity, extraterritorial impact, historical considerations, need for cooperation, constitutional text and legislative declarations, other state interests, local interests
Home Rule: Imperio Applied • Other examples – – – Firefighters’ pensions? Local tax on financial corporations? Elections (districts/single member v. at large? ) Billboard regulation? Civil service requirements re teachers? Affordable housing & rent control? • Better tests? • Interpretive role of courts? (Fleetwood Hotel)— ”grant” or “limitation”; underlying constitutional concerns; “who decides”?
Legislative Home Rule • Concept: – all power that legislature can convey except if denied (and often explicitly, except for “private or civil law governing civil relationships” • Applied: – Cape Girardeau (city and university to build multi-use facility; approved by referendum; ordinance to fund through license tax on hotels, restaurants; tax approved by populace) – Question: interpretation given separate constitutional provision and statute re cooperation between govts.
Скачать презентацию Home Rule Powers and Protection Key question distribution
0a84ef60f78bf58b16ef90088b4069f9.ppt