13.2 The Structure of Local Governments

Local governments come in various forms, each with unique structures and responsibilities. From ###mayor-council_0### systems to council-manager setups, these entities shape how cities and towns operate. Some larger cities even have custom charter systems to address their specific needs.

Counties, cities, and townships play distinct roles in local governance. Counties handle broader services like law enforcement and elections, while cities manage more localized needs such as public transportation and zoning. Special districts often cross jurisdictions to provide specific services like education or water management.

Local Government Structures

Main Forms of Municipal Government

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• The three main forms of municipal government in the United States are mayor-council, commission, and council-manager
  • Each form has a distinct structure and division of powers between the executive and legislative branches
• In the mayor-council form, the mayor is the chief executive and the council serves as the legislature
  • The mayor is often elected separately from the council and has the power to veto council decisions
• The commission form combines executive and legislative authority in a group of elected commissioners
  • Commissioners collectively make policy decisions and oversee city departments
  • This form is less common today
• The council-manager form features an elected council that appoints a professional city manager
  • The city manager handles day-to-day operations and implements policies
  • The mayor in this system is often a ceremonial role selected from among the council members

Unique Charter Systems in Larger Cities

• Some cities, particularly larger ones, have adopted unique charter systems
  • These systems combine elements of the three main forms to suit their specific needs and preferences
  • Examples of cities with unique charter systems include New York City, Los Angeles, and Chicago
• Unique charter systems allow cities to tailor their government structure to their specific demographics, history, and challenges
• These systems may include features such as strong mayoral control, borough or district representation, or independent elected officials (comptroller, public advocate)

County, City, and Township Roles

County Responsibilities and Services

• Counties are the largest local government entities, existing in every state except Connecticut and Rhode Island
• Counties provide services such as:
  • Law enforcement and jails
  • Elections and voter registration
  • Property assessment and taxation
  • Record-keeping (deeds, marriages, births, deaths)
• Some counties also provide social services, public health, and transportation infrastructure

City and Township Roles and Services

• Cities, also known as municipalities, are typically smaller than counties and are created by state charter
  • Cities provide a wider array of services to residents, such as police and fire protection, public transportation, parks and recreation, and zoning
  • Examples of large cities include New York City, Los Angeles, and Chicago
• Townships, which exist primarily in the Northeast and Midwest, are smaller than counties
  • Townships provide limited services such as road maintenance and waste management
  • In some states, townships are subordinate to counties (Pennsylvania, New Jersey)
• The division of responsibilities between counties, cities, and townships varies by state
  • In some states, cities are independent of counties (Virginia, Maryland)
  • In others, cities are subordinate to counties (California, Texas)

Special Districts and Cross-Jurisdictional Services

• Special districts are another type of local government entity that provide specific services across multiple jurisdictions
  • Examples of special districts include school districts, water districts, and transit authorities
• Special districts are created to address issues that cross traditional county or city boundaries
  • For example, a regional transportation authority may serve multiple counties and cities
• Special districts are typically governed by appointed or elected boards and have the authority to levy taxes or fees for their services

Local vs State Government Relations

State Control over Local Governments

• Local governments are created by and subordinate to their state governments, as per the U.S. Constitution's lack of mention of local government structures
  • This principle is known as Dillon's Rule, named after Judge John F. Dillon
• States determine the powers and responsibilities of local governments through their constitutions and statutes
  • This includes the ability to create, modify, or abolish local government entities
• States often mandate that local governments provide certain services, such as education or public health, and set standards for those services
  • Local governments must comply with these mandates, even if they strain local resources

Home Rule and Local Autonomy

• Some states grant "home rule" authority to local governments, allowing them to exercise powers not specifically prohibited by state law
  • The extent of home rule varies by state, with some states granting broad authority and others limiting it to specific areas
• Home rule provides local governments with greater autonomy and flexibility to address local issues
  • For example, a city with home rule may be able to set its own minimum wage or environmental regulations
• However, even with home rule, local governments are still subject to state oversight and intervention if they exceed their authority or violate state law

Fiscal Dependence and State Funding

• Local governments rely heavily on state funding to carry out their responsibilities
  • States provide financial support through grants, revenue sharing, and authorization to levy certain taxes
  • For example, many states provide funding for local education through per-pupil formulas or categorical grants
• Local governments also rely on state authorization to levy property taxes, sales taxes, and other revenue sources
  • States may cap local tax rates or limit the types of taxes local governments can impose
• This fiscal dependence can create challenges for local governments, particularly during economic downturns or when states reduce funding

Conflicts and Preemption

• Conflicts can arise between local governments and states over issues such as land use, environmental regulations, and social policies
  • For example, a city may want to ban plastic bags, but the state may preempt local authority on the issue
• In these cases, state law typically prevails unless the local government can demonstrate a compelling local interest
  • This is known as state preemption, where state law supersedes local ordinances or policies
• Preemption can limit local government autonomy and ability to respond to local needs or preferences
  • For example, some states have preempted local minimum wage increases or gun control measures

Challenges for Local Governments

Fiscal Constraints and Budgetary Pressures

• Fiscal constraints are a major challenge for local governments, as they rely heavily on property taxes and state funding to provide services
  • Property taxes are the largest source of local government revenue, but they are sensitive to economic conditions and can be constrained by state limits
• Economic downturns, unfunded state mandates, and tax limitations can strain local budgets
  • During recessions, property values and tax revenues may decline, forcing local governments to cut services or raise taxes
  • States may require local governments to provide services without providing adequate funding, known as unfunded mandates
• Local governments often face difficult choices between raising taxes, cutting services, or deferring maintenance and investment

Infrastructure and Capital Investment

• Infrastructure maintenance and development, including roads, bridges, and public buildings, is a constant challenge for local governments
  • Aging infrastructure requires significant investment to repair or replace, but local governments may struggle to fund these projects
• Local governments also face pressure to invest in new infrastructure to support economic development and population growth
  • For example, a growing city may need to expand its water and sewer systems or build new schools and parks
• Infrastructure funding often requires long-term planning and financing, such as issuing bonds or seeking state and federal grants
  • However, these funding sources may be limited or come with strings attached, such as matching requirements or usage restrictions

Education and Achievement Gaps

• Providing quality education is a challenge for many local governments, particularly those in low-income areas
  • School districts rely heavily on local property taxes for funding, which can create disparities between wealthy and poor districts
• Disparities in school funding and resources can lead to achievement gaps and inequities
  • Students in underfunded districts may have larger class sizes, fewer extracurricular activities, and less access to technology and advanced courses
• Local governments may struggle to attract and retain qualified teachers, particularly in high-need subjects like math and science
• Addressing achievement gaps requires a comprehensive approach that includes early childhood education, parent engagement, and community partnerships

Public Safety and Crime Prevention

• Public safety is a top priority for local governments, but rising costs and competing demands for resources can make it difficult to maintain adequate police and fire protection
  • Police departments face pressure to reduce crime rates while also building trust with communities and addressing issues like racial profiling and excessive force
• Fire departments must balance the need for quick response times with the costs of maintaining equipment and personnel
  • Many local governments struggle to fund public safety pensions and retiree health benefits, which can consume a significant portion of the budget
• Crime prevention requires a multi-faceted approach that includes community policing, youth programs, and mental health services
  • However, these programs may be difficult to fund and sustain, particularly in times of fiscal stress

Environmental Sustainability and Public Health

• Environmental issues, such as air and water pollution, waste management, and climate change adaptation, require local governments to balance economic development with sustainability and public health concerns
  • Local governments may face pressure to allow industrial development or natural resource extraction, even if it poses risks to the environment or public health
• Waste management is a significant challenge for local governments, particularly in urban areas
  • Landfills are filling up, and many communities face opposition to new waste facilities or incineration plants
• Climate change adaptation requires local governments to prepare for rising sea levels, more frequent and severe weather events, and other impacts
  • This may require investments in infrastructure, such as seawalls or stormwater systems, as well as changes to zoning and building codes
• Addressing environmental and public health issues often requires regional cooperation and coordination with state and federal agencies

Demographic Shifts and Changing Community Needs

• Demographic shifts, such as an aging population or influx of immigrants, can strain local government services and require adaptation to changing community needs
  • An aging population may require more healthcare and transportation services, while a growing immigrant population may need language and cultural support
• Local governments must also address issues of housing affordability and accessibility, particularly in high-cost urban areas
  • Rising housing costs can lead to displacement and homelessness, which can strain social services and public safety resources
• Changing community needs may require local governments to rethink traditional service delivery models and partnerships
  • For example, a city may partner with a nonprofit to provide job training and placement services, or a county may collaborate with faith-based organizations to provide food and shelter for the homeless

Intergovernmental Coordination and Regional Planning

• Intergovernmental coordination is a challenge for local governments, as they must work with state and federal agencies, as well as neighboring jurisdictions, to address regional issues and deliver services efficiently
  • Regional issues like transportation, air quality, and water management often require cooperation and coordination across multiple jurisdictions
• Local governments may also face challenges in coordinating with state and federal agencies, particularly when there are conflicting priorities or mandates
  • For example, a local government may want to implement a more stringent environmental regulation, but may face opposition from a state agency that prioritizes economic development
• Regional planning can help local governments address cross-jurisdictional issues and share resources, but it requires political will and compromise
  • For example, a regional transportation authority may need to balance the needs of urban and rural communities, or a regional water district may need to allocate scarce resources during a drought
• Effective intergovernmental coordination requires clear communication, shared goals, and a willingness to collaborate and compromise