Elected Officials Webinar Series

Transcription

1 Elected Officials Webinar Series William Mathewson, General Counsel 1 Better Communities. Better Michigan. January 8, 2013

2 Local Government 101 (the short version) 2 Better Communities. Better Michigan.

3 Topics What are the origins of local government? What is local government in Michigan? What are its powers? What are its functions? 3

4 The Source of Local Government Power Local governments are granted existence by state constitutions (not the federal government) Political subdivisions of the states No inherent right to the existence of local governance, absent provision for such in state constitutions The degree of local government power rests largely with provisions, interpretation of the state constitution 4

5 Fundamental Relationships: The Sovereign State The legislative power, under the Constitution of the state, is as broad, comprehensive, absolute, and unlimited as that of the Parliament of England, subject only to the Constitution of the United States and the restraints and limitations imposed by the people upon such power by the Constitution of the state itself. -- Young v City of Ann Arbor, 267 Mich 241 (1934)

6 What is local control? One view: The Dillon Rule Any doubts concerning power are resolved against local government (from a decision in a 1868 case) John Forrest Dillon ( ) was an influential jurist and legal scholar; Iowa State Supreme Court Justice and federal judge. He authored Municipal Corporations in There is a big memorial to him in Davenport! No power to act unless express grant of authority by the state legislature 6

7 What is local control? Another view The Cooley Doctrine: Home Rule--Broad power to adopt laws relating to its municipal concerns Home rule constitutional, legislative, or judicial doctrine giving local government a greater measure of autonomy State legislatures are limited in their power to intrude on local affairs In 1871 stated: Local government is a matter of absolute right; and the state cannot take it away 7

8 Dillon and Cooley "A municipal corporation possesses only powers expressly granted, necessarily implied, or essential to the accomplishment of the declared objects. - "Dillon's Rule Local government is a matter of absolute right; and the State canno take it away. - People v Hurlbut, 24 Mich 44 (1871) 8

9 So -- Dillon wins, right? Local governments have no inherent jurisdiction to make laws or adopt regulations of government; they are governments of enumerated powers, acting by a delegated authority; so that while the State legislature may exercise such powers of government... as are not expressly or impliedly prohibited, the local authorities can exercise those only which are expressly or impliedly conferred - City of Taylor v Detroit Edison, MI Supreme Court, Yippee! 9

10 Hold on, the Cooley Doctrine lives Of greater importance is Detroit s status as a home rule city, and the rule that home rule cities enjoy not only those powers specifically granted, but they may also exercise all powers not expressly denied. the Michigan Constitution maintains a system of governance that includes a general grant of rights and powers, subject only to certain enumerated restrictions instead of the earlier method of granting enumerated rights and powers definitely specified. --GE Property & Casualty v Detroit Edison, MI Ct of Appeals, 2006 (Quoting MI Supreme Court decisions in AFSCME v Detroit (2003) and Detroit v Walker (1994) 10

11 Local Control in Michigan 1963 Michigan Constitution grants home rule authority to cities and villages Mich Const 1963 Art VII, Sec 34 Mich Const 1963 Art VII, Sec 22 Nonetheless, subject to the constitution and laws Local control in Michigan constantly evolving subject to state legislative agenda, appellate court interpretation 11

12 What is local government? General Purpose Units of government: Provide broad range of services to residents in a number of functional areas Counties (83) Townships (1,240) Villages (257) Cities (276) 12

13 Special Purpose Governments Special Purpose Units of government Largely independent of general purpose units Include education services and special districts Single-purpose mandates Boundaries may overlap several general purpose units For example, school districts, ISDs, authorities 13

14 Primary Units of Government Primary Units of government: City Township Duties: 1. Assess property as a basis of county and school taxes 2. Collect taxes for counties and schools 3. Conduct county, state, and national elections 14

15 Charter = Constitution local unit of government state and federal 15

16 Ordinance = Statute (local legislative act) (law or act) local unit of government state and federal NOTE: a resolution does not have the force of law; an ordinance does 16

17 County Government Largest unit of government except for state itself Delegated powers only Delegated powers interpreted narrowly by courts 17

18 Functions of County Government Frequently acts as intermediary between state and other units of government Criminal justice Civil and criminal court functions Record keeping Tax assessing and collecting Road acquisition, construction, and maintenance 18

19 Township Government Michigan Constitution of 1850 recognized townships as corporate bodies General law townships (MCL 41.1) Much governing originally done at annual meeting Limited discretion in organizational structure Supervisor/Trustees Elected clerk and treasurer serve on board, with vote Board may hire manager 19

20 Township Government Charter townships (MCL 42.1) No individually written charter (Charter Township Act is the charter) Greater protection from annexation Greater taxing authority May hire manager Supervisor/Trustees Elected clerk and treasurer serve on board, with vote 20

21 Village Government Historically formed when greater population density led to need for increased services Licensing and regulation Establish own water supply, sewerage Control and maintain own streets, roadways Villages remain a part of the township Residents vote in village and township elections Subject to both village and township taxes 21

22 Village Government Before 1895 villages incorporated by special charters passed by act of state legislature 1895 General Law Village Act 1909 Home Rule Village Act Passed in response to 1908 constitutional home rule mandate Permitted existing villages to abandon General Law Village Act constraints and adopt a home rule charter Required villages incorporating thereafter to be governed by Home Rule Village Act. May adopt General Law Village Act provisions for its home rule charter 22

23 City Government As primary units, cities conduct state-imposed duties 1. Assessing property 2. Collecting taxes 3. Conducting county, state, national elections Cities authorized to levy city income tax (22 currently) 23

24 Cities Governing Structure Maximum available flexibility as to form of governing structure Weak mayor/council Mayor is a member of the council, chairs meetings; chief policy and ceremonial official; chief administrative official, but department heads often operate independently. The mayor is not central administrator. Strong mayor/council Mayor is directly elected; full time and salaried; appoints top administrators (hire and fire); may have veto power over council actions. Council/manager Approximately 190 cities in Michigan use council manager form; policy and legislative role is for the council; council hires the manager to be the administrative head of the city. (81 villages have managers.) 24

25 Cities Governing Structure More options for home rule cities Partisan/non-partisan elections Ward or district council elections, or at large, or combination Mayor chosen at large, by highest vote total among those running for council, or elected from among council members Clerk and treasurer appointed or elected 25

26 Overview of Roles & Responsibilities Understanding a few basic concepts can improve the functioning of local governments! 26

27 Overview of Roles & Responsibilities Council Policy-making body for local unit of government Responsible for long- and short-term goal setting Responsible for passing budget and any capital improvement plan May only act as a body, through resolutions and ordinances 27

28 Overview of Roles & Responsibilities City/Village Manager Appointed by and responsible to council (in strong mayor form, there could be a chief city administrator appointed by the mayor) Responsible for implementing policy to achieve council goals and reporting status Generally responsible for day-to-day operations 28

29 Charter The Charter is the key governing document for a local unit of government 29

30 Charter Charter of general law village and townships - written by state legislature as a state statute, i.e. General Law Village Act; General law or Charter Township Acts Charter of home rule village - written by charter commissioners and voted on by electorate of village Charter of home rule city - written by charter commissioners and voted on by electorate of city 30

31 Council Acts as a body Legislates through ordinances (force of law) and resolutions (motions) Elected officials may not exceed the scope of authority as a legislative body, as provided in the charter and state statutes. 31

32 Meetings/Public Hearings Council can adopt rules and procedures Attendance and absences of councilmembers Times and length of public comment Voting responsibility Access to attorney (who is authorized) Can adopt Robert s Rules of Order 32

33 Meetings: General Responsibilities Arrive on time; be prepared and informed Get recognition of presiding officer before speaking Have basic knowledge of parliamentary procedures adopted by council Manager participates in discussion, does not vote 33

34 Responsibilities of Presiding Officer Acknowledge members wishing to speak Be courteous to members of council and to public Enforce fairly the rules of council Enforce fairly the public comment portion of meetings 34

35 A Word About Motions Motions bring a matter before the council Seconding a motion does not mean you favor the motion Presiding officer does not make motions Motions may be withdrawn or amended Professional parliamentarians contend: All discussion without a motion is wasted time 35

36 Better Communities. Better Michigan. We re here to help! Ann Arbor (734) Lansing (517) Additional resources: MML One-Pagers Plus under the Resources tab on the web site; Presentation by Mike McGee (Miller Canfield at Fundamentals of Organization What s a City (or Village) and What Does It Do? for MML Elected Officials Academy; and Local Government Law and Practice in Michigan 36