Powers of Local Governments

Question 1

Dillon’s Rule

The most important point to understand about local governments is that they have no ____________ authority. Explain…

Answer 1

1. Inherent
2. Any and all authority must come from the state, either through a state statute, constitutional provision, or the state-granted charter

Question 2

Dillon’s Rule

What does the Dillon Rule provide?

Answer 2

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.

Question 3

Dillon’s Rule

Dillon’s Rule is a rule of…

Answer 3

statutory construction

Question 4

Dillon’s rule

Dillon’s Rule is a rule of statutory construction, meaning…

Answer 4

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.

Question 5

Re-delegation

What is re-delegation?

Answer 5

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

Question 6

Re-Delegation

Any delegation of power must…

Answer 6

fixed and readily ascertainable standards and leave no more discretion than necessary to carry out the tasks.

Question 7

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.

Answer 7

1. concurrent
2. state

Question 8

Preemption

What type of laws are preempted if enacted or enforced by local governments?

Answer 8

inconsistent one

Question 9

Can a state preempt a whole field of law?

Answer 9

Yes, but they must do so expressly.

Question 10

Preemption

Courts are obliged, when possible, to ____________ the local ordinance and the state law.

Answer 10

harmonize

Question 11

Preemption

Can a local gov. prohibit activites not prohibited by the state? Can they add restrictions to state laws?

Answer 11

1. Yes, this is not inconsistent
2. 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

Question 12

Powers Granted to Local Governments

What are the usual powers that are included in the charer? (7)

Answer 12

1. Enact and enforce ordinances;
2. Sue or be sued
3. Acquire, hold, and dispose of revenue;
4. Acquire, hold, and dispose of personal and real property;
5. Condemn property through the use of eminent domain; and
6. Issue tax-exempt bonds with interest.

Question 13

Powers Granted to Local Governments

The police power is the broad power to…

Answer 13

“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.”

Question 14

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….

Answer 14

the exercise of this power is shown to be unreasonable or arbitrary

Counties are given a less broad grant of general powers

Question 15

Police Power Granted to Municipalities

What rule have relatively little impacts when it comes to municipal police power?

Answer 15

Dillon’s Rule because such power is both very broad and expressly granted to municipalities

Question 16

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:

Answer 16

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.

Question 17

The power to enact ordinances

Ordinances are presumed ________ and will only be struck down if the party
challenging the ordinance shows by….

Answer 17

1. valid
2. clear and convincing proof that the ordinance is not even debatably valid

Question 18

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…

Answer 18

1. bonds
2. a majority of qualified voters
   vote for the county to be treated as a city or town for the purpose of issuing bonds

Question 19

Three Important Powers: The power to incur debt

1. In general, municipalities can only borrow up to…
2. Exceptions to the rule?

Answer 19

1. 10% of the total assessed value of taxable real estate in the municipality.
2. 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.

Question 20

Tax Power

1. State law allows local governments to tax … (3) … in whatever amount is deemed necessary to…
2. Local governments cannot tax ____________ and may only add ________ to the state sales tax.

Answer 20

1. Property, persons, and other subjects
2. pay debts, defray expenses, accomplish the purposes, or perform the functions of local government
3. income; 1%