Powers of Local Governments Flashcards
Dillon’s Rule
The most important point to understand about local governments is that they have no ____________ authority. Explain…
- Inherent
- Any and all authority must come from the state, either through a state statute, constitutional provision, or the state-granted charter
Dillon’s Rule
What does the Dillon Rule provide?
local governments can only exercise powers that are (i) expressly given OR (ii) necessarily implied by the powers expressly given and essential to the purposes of those powers.
Dillon’s Rule
Dillon’s Rule is a rule of…
statutory construction
Dillon’s rule
Dillon’s Rule is a rule of statutory construction, meaning…
if there is a reasonable doubt about the
existence of a local power, courts should resolve that doubt against the local government and deny the power.
Re-delegation
What is re-delegation?
A local government can re-delegate its administrative and ministerial powers. For example, if a city is granted power to protect its citizens, it can delegate that power to a police department.
A local government cannot re-delegate legislative powers without statutory authorization from the state
Re-Delegation
Any delegation of power must…
fixed and readily ascertainable standards and leave no more discretion than necessary to carry out the tasks.
Preemption
State and local governments may have ________ jurisdiction over the same subject matter relating to local affairs, but when their rules or laws conflict, the ________ law always rules.
- concurrent
- state
Preemption
What type of laws are preempted if enacted or enforced by local governments?
inconsistent one
Can a state preempt a whole field of law?
Yes, but they must do so expressly.
Preemption
Courts are obliged, when possible, to ____________ the local ordinance and the state law.
harmonize
Preemption
Can a local gov. prohibit activites not prohibited by the state? Can they add restrictions to state laws?
- Yes, this is not inconsistent
- Yes, e.g., A state has a statute requiring anyone using a skateboard to wear
a helmet. This would not prevent local governments from passing additional
laws prohibiting the riding of skateboards in public parks.
Basically the same Q
Powers Granted to Local Governments
What are the usual powers that are included in the charer? (7)
- Enact and enforce ordinances;
- Sue or be sued
- Acquire, hold, and dispose of revenue;
- Acquire, hold, and dispose of personal and real property;
- Condemn property through the use of eminent domain; and
- Issue tax-exempt bonds with interest.
Powers Granted to Local Governments
The police power is the broad power to…
“secure and promote the general welfare of the inhabitants of the municipality and the safety, health, peace, good order, comfort, convenience, morals, trade, commerce, and industry of the municipality.”
Police Power Granted to Municipalities
Cities and towns enjoy a good deal of discretion in exercising their police power which means courts will not interfere unless….
the exercise of this power is shown to be unreasonable or arbitrary
Counties are given a less broad grant of general powers
Police Power Granted to Municipalities
What rule have relatively little impacts when it comes to municipal police power?
Dillon’s Rule because such power is both very broad and expressly granted to municipalities
Three Important Powers: The power to enact ordinances
Local governments have the power, given in their charters, to pass local laws which are known as ordinances. The process involves three key criteria:
i) Notice must be published before the enactment of an ordinance;
ii) The ordinance must be clear, certain, and definite; and
iii) Ordinances are effective upon a simple majority vote unless otherwise provided in a statute or constitution.
The power to enact ordinances
Ordinances are presumed ________ and will only be struck down if the party
challenging the ordinance shows by….
- valid
- clear and convincing proof that the ordinance is not even debatably valid
Three Important Powers: Power to Incur Debt
Municipal governments have power, through charter, to incur debt to pay for local projects by issuing …
Counties can exercise the same power but only if…
- bonds
- a majority of qualified voters
vote for the county to be treated as a city or town for the purpose of issuing bonds
Three Important Powers: The power to incur debt
- In general, municipalities can only borrow up to…
- Exceptions to the rule?
- 10% of the total assessed value of taxable real estate in the municipality.
- Exceptions to the debt limit are (i) revenue anticipation bonds, (ii) special fund bonds, and (iii) authorized contract obligations.
Courts consider transactions and agreements on a case-by-case basis to determine whether it is actually a debt contract.
Tax Power
- State law allows local governments to tax … (3) … in whatever amount is deemed necessary to…
- Local governments cannot tax ____________ and may only add ________ to the state sales tax.
- Property, persons, and other subjects
- pay debts, defray expenses, accomplish the purposes, or perform the functions of local government
- income; 1%
