LOCAL GOVERNMENT MANAGEMENT GUIDE Shared Services in Local Government
Chapter 4 State and Local Government Vernon 2014.
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Transcript of Chapter 4 State and Local Government Vernon 2014.
Chapter 4
State and Local Government
Vernon 2014
The Evolution of State and Local Governments Original unit: the state States determined the existence of local government- state
laws create local governments States and local governments primarily part-time in the past
Grew to be full-time Not always representative of all constituencies
Baker v. Carr (1962): one person, one vote 1960s and 1970s
More responsibilities given to states; more assistance, more mandates
Since 1970s Varied trends: some enhanced importance of state and local
government; some expanded the scope of federal government
State Governments
Have primary responsibility for: Education Public health Transportation Economic development Criminal justice
Licenses and regulates various professions Recently more involved in environmental
and welfare policies
State ConstitutionsDescribes the basic policies, procedures, and institutions of the
governments of a specific state Original state constitutions
Focused on limiting government Governors were particularly weak Legislatures more powerful Originally, only S.C., N.Y., and Massachusetts gave governor’s veto
power Northwest Ordinance of 1787
Addressed how new states could join the Union Impact of the Civil War on southern states’ constitutions Western states entered the union with constitutions that
also envisioned weak governments. Worried about political machines Progressive movement
Since 1970s, more than 300 amendments to state constitutions
Changes reflect some ambivalence.
State Constitutions Compared to the U.S. Constitution, state
constitutions are easy to amend. Every state allows for the convening of a
constitutional convention, AND each has a process for the legislature to pass an
amendment Usually by supermajority (two-third’s or three-
fourth’s vote); submit to voters for approval through a referendum; some states even easier process
Implication: frequent changes & longer documents
Governors Chief elected executive in state
government Most visible Most important role: identifying pressing
problems of their state and proposing solutions Budgets are critical Veto authority
General or package Line-item veto
Implementation influence Judicial appointments, pardoning power Commute sentence, grant parole Extradition
State Legislatures Originally strong yet non-professional in nature
Half original state legislatures began without a gubernatorial veto check
Many formulated budgets and made administrative appointments.
Citizen legislators Baker v. Carr (1962): turning point
Today: 43 state legislatures meet every year; only seven every other year Floor sessions longer More committee work All but Nebraska have two chambers.
Term limits Restrictions that exist in some states about how long an
individual may serve in state or local elected offices
State Courts Primary function: settle disputes
Most disputes matter of state law Criminal behavior Family law Contracts, liability, land use
States are separate systems Own rules, procedures
The ONLY time state and federal courts converge is when a case: involves a claim that a state law or practice violates
a federal law. or, a state court judge has interpreted the
Constitution.
State Courts
Inclusion The principle that state courts will apply federal
laws when those laws directly conflict with the laws of the state
Specialized courts Issues such as family disputes, traffic Do not use juries
Appellate courts Have panels of judges
Judicial elections Missouri (Merit) Plan
Elections and Political Parties Determine who will fill offices and direct the state
government Almost all elections are partisan.
Exceptions are judicial elections (and the senate in Nebraska’s unicameral legislature).
Party histories vary among states. Competition between Republican and Democratic Party
since the Civil War From 1994 to 2002, Republicans have made gains in state
elections, particularly in South. Today, Southerners are significant members within the
Republican Party – nationally and regionally.
Direct Democracy
Progressive Reform Direction initiatives
Voters can place a proposal on a ballot and enact it into law without involving the legislature or governor.
Indirect initiatives Legislature places a proposal on a ballot
and allows voters to enact it into law, without involving the governor or further action by the legislature.
Direct Democracy
Direct (popular)referendum Voters can veto a bill recently passed in the
legislature by placing the issue on a ballot and expressing disapproval.
Advisory referendum Voters cast non-binding ballots on an issue or
proposal.
Recall Voters can petition for a vote to remove office
holders between elections.
Local Governments
More individualized than state governments
Most office-holders are part-time. Immediacy of issues: health and
safety, education, jobs and economic vitality, zoning.
Stuff of every day living
Charters
Dillon’s Rule (1868) Court ruling that
local governments do not have any inherent sovereignty but instead must be authorized by state government
Charter Document that, like a
constitution, specifies the basic policies, procedures, and institutions of a municipality Special General Classified Optional Home Rule
Types of Local Governments Counties
Geographic district created within a state with a government that has general responsibilities for land, welfare, environment and sometimes rural service policies
Towns Five states in Midwest refer to towns as a form of government in which
everyone in a community is invited to an annual meeting to elect officers, adopt ordinances, and pass budgets.
Municipalities Government with general responsibilities, such as city, town or village
government, that is created in response to the emergence of relatively densely populated areas
Special district Most numerous form of local government; local government with
particular function, e.g. water, parks
Executives and Legislatures
Local governments may have An elected executive An elected council or commission An appointed manager
Not always bound by separation of powers or checks and balances
Impact of the Civil War Role of the Progressives
Destruction of party machines led to minimization of politics; more management (i.e. managers instead of elected executives)
Executives and Legislatures Between 1984 and 2002:
Trend away from council-manager form of city government toward the mayor-council form
Now half of U.S. cities have an elected mayor and council.
Slightly more than 1/3 of the municipalities have the Progressive model of government. Professional manager and an elected city council Most common among medium-sized cities
Some have both mayors and managers. School districts follow the council-manager model. Other special districts have boards.
Sometimes called public corporations or authorities
Grassroots Power and Politics
Participation more personal and more issue-oriented than at the national level
Non-partisan elections A contest in which candidates run without formal
identification or association with a political party
Local news media Key role
Elite families Ad hoc-issue specific organizations
Relations with Indian Tribes Treaties between American Indian Nations and federal government
Affect 34 states Legal status of various tribes: domestic dependent nation
Sovereignty that makes an Indian tribe in the U.S. outside the authority of state government but reliant on the federal government for the definition of tribal authority
Trust relationship: federal government obligated to protect Indian interests Policy approach of federal government toward Native Americans has
varied widely over time From relocation, assimilation, to abandonment (which led to protests)
and the return to the model of respect of tribal customs and promotion of economic self-determination
States are not parties to these treaties and have no direct legal authority over tribes. Compacts
Reservation land Trust land Move to incorporate written constitutions into tribal governance
State and Local Finances
State and local governments must balance their budgets.
Budgeting process Making projections of expenses and revenues
State of the economy Level of funding that governments give to one
another Funding to states from D.C. has varied Local governments get less (water & sewerage)
Most of their money from the state
State and Local Finances Federal funding for state and local government generally
declining. Increase in requirement of state spending to support national
programs and concerns Security costs
Taxes and fees vary across states Rely equally on income and sales taxes Some have no sales taxes; some have double digit sales taxes Some have no income tax Tax increases generally bode ill for elected officials at the state
level Local governments rely on property taxes, particularly schools
Segregated funds: money that comes in from a certain tax or fee and then is restricted to a specific use, such as a gasoline tax that is used for road maintenance
State and Local Finances
Progressive Tax Tax level increases with the wealth or ability
of an individual or business to pay
Regressive Tax Tax level increases as the wealth or ability
of an individual or business to pay decreases