Anaya Nolan
The US government operates a shared governance system, with power divided between federal, state, county, and local governments. While the federal government can override some state laws, states are generally free to create and enforce their own laws, which can differ from state to state. Counties, in turn, have their own laws, which are shaped by various branches of local government, including the county executive, county council, and board of supervisors. These laws are derived from state statutes, local charters, and the state constitution. The California Constitution, for example, allows a county to make and enforce local ordinances and regulations that do not conflict with the state's general laws.
| Characteristics | Values |
|---|---|
| County laws | Can be made and enforced within a county's limits as long as they don't conflict with the state's general laws |
| County structure | The Board of Supervisors has 5 members; some counties may have a different title for the executive or council, or they may have additional layers of government |
| County decision-making | The Board of Supervisors has the power to direct and control litigation and, by a two-thirds vote, can employ outside attorneys; the County Executive may have veto power over certain decisions |
| County funding | The Board of Supervisors shares funding responsibility for the courts with the state and can raise local revenue by imposing or increasing taxes, assessments, or fees |
| County government | Counties often have a municipal charter and provide local ordinances that dictate the powers of the government; local government law and municipal law address various topics and issues in day-to-day life |
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What You'll Learn
County Boards of Supervisors
A board of supervisors is a governmental body that oversees the operation of county governments in the US states of Arizona, California, Iowa, Mississippi, Virginia, and Wisconsin, as well as 16 counties in New York. In California, each county must have a board of supervisors consisting of five members, except where the charter provides otherwise, such as in San Francisco, which has 11 members and a mayor. Board members must be registered voters in the district from which they are elected and must reside in that district.
The board of supervisors is both the legislative and executive authority of the county and has quasi-judicial powers. It sets priorities, oversees most county departments and programs, and annually approves their budgets. It also supervises the official conduct of county officers and employees, controls all county property, and spends money on programs that meet the needs of county residents. The board may supervise the official conduct of county officers and require them to faithfully discharge their duties, but it cannot add to those duties or relieve officers from their obligations.
The board of supervisors exercises its legislative powers by passing resolutions, board orders, or ordinances. Resolutions are typically declarations about the board's future purposes or proceedings, while board orders are directives to subordinate county officers. Ordinances are local laws adopted with the same legal formality as statutes and are the most common way for the board to exercise its police powers.
In some states, the board of supervisors is the final arbiter of decisions made by commissions underneath it, often involving land-use planning issues. In other states, the equivalent body may be called the county council, county commission, police jury, or fiscal court.
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County Executives
In the United States, a county executive, also known as a county mayor, is the head of the executive branch of government in a county. The role of a county executive is to manage county government agencies, finances, projects, and services. They are responsible for the total operation of all departments and are in charge of implementing the directives of the elected county government. County executives are either elected by the citizens of the county or appointed by the county council or governor of the state.
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County Sheriffs
In the United States, a county sheriff is generally the highest law enforcement officer of a county, and is usually elected. The sheriff's office is a statutory/constitutional office with exclusive powers and authority under state law and/or the state constitution. These powers are not subject to the dictates of a local county governing body.
The sheriff's office is internally operated by the elected sheriff, who is accountable to voters. This accountability can lead to a focus on the will of the majority, sometimes at the expense of equal rights. For example, during the Civil Rights movement of the 1960s, many white Southern sheriffs cracked down on Black protesters attempting to exercise their right to vote.
The "constitutional sheriff" movement asserts that sheriffs are the ultimate authority in their jurisdiction, even above federal law enforcement. This movement has links to white supremacy and includes famous members such as Joe Arpaio and David Clarke, the former sheriff of Milwaukee County. While it may seem fringe, it is significant enough to be taken seriously. In 2013, 500 sheriffs agreed not to enforce federal gun laws, and almost all elected sheriffs in Utah signed an agreement to protect the Bill of Rights and resist any federal officials who tried to limit them.
The powers of a sheriff are enshrined in state constitutions, and the role cannot be eliminated, so there are few restrictions on their power. In some places, only the governor can arrest a sheriff, and local governments may have limited control over a sheriff's budget and fund allocation. For example, in Los Angeles County, voters tried to limit sheriffs' terms in office, but then-Sheriff Lee Baca sued and won, with a court finding that sheriffs' term limits cannot be altered by voters.
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Local zoning ordinances
In the US, the federal government and smaller levels of government, including state, county, and local governments, coexist in a shared governance system. While the Supremacy Clause in the Constitution grants the federal government the authority to override certain state laws, this power is limited. States are generally free to create and enforce their own laws as long as they do not conflict with federal laws.
Counties, in particular, have the authority to create and enforce local laws and regulations within their jurisdictions, as long as they do not conflict with state laws. The California Constitution, for example, permits counties and cities to establish and enforce local ordinances and regulations within their boundaries, including police, sanitary, and zoning ordinances. Counties in California are classified into two types: general law counties and charter counties. General law counties adhere to state laws regarding the number and responsibilities of county elected officials, while charter counties have more flexibility.
The main types of zoning are industrial, commercial, residential, and agricultural. However, zoning designations can vary significantly by state, county, and municipality. Some municipalities have additional types of zoning, such as historic, school, hospital, or airport zoning. Within these categories, there may be further designations for the density of units. For example, in some areas, residential zoning may include designations like R-2 for up to two residential units per acre or R-4 for up to four units per acre.
Zoning ordinances can have a significant impact on businesses and residents. Changes to zoning rules can create tension among current and prospective residents, landlords, and property owners. For instance, if a zoning ordinance changes a zone from allowing commercial businesses to only permitting residential use, existing commercial properties may be forced to convert to residential, and new businesses may need to apply for a variance to operate in that zone.
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State laws and county laws
The US government uses a shared governance system, which means that there is a combination of federal government and smaller levels of government, including state, county, and local governments. While the federal government can override some state laws, states are generally free to create and enforce their own laws as long as they are constitutional. State laws typically address domestic affairs, and most areas of law are not explicitly given to Congress.
The specific structure and decision-making processes of counties may vary, but they generally derive their power from a combination of state statutes, local charters, and the state constitution. Counties can pass ordinances and adopt policies that impact the entire county, such as establishing local taxes, approving budgets, and allocating resources. For example, in California, the state constitution allows a county or city to make and enforce local ordinances and regulations that do not conflict with the state's general laws. Counties with charter status can provide a local method for filling vacancies on the Board of Supervisors, which has the power to direct and control litigation involving the county or any public entity it governs.
Cities, towns, or villages within a county may have their own local laws and governments, and local disputes can involve issues such as zoning, taxation, criminal and civil courts, and business law. Municipalities have the power to make laws for specific purposes and geographic areas, and these ordinances can be quite specific, regulating dimensions, placement of utilities, parking, and types of buildings. School districts may also have their own rules that apply specifically to the school system in that area.
It is important for individuals and businesses to understand the local government structure and decision-making processes in their county, as well as the sources of authority for local governments, in order to navigate local laws and participate in the law-making process.
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Frequently asked questions
Yes, but it depends on the country and the type of county. For example, in the US, counties can make and enforce local laws and ordinances that do not conflict with the state's general laws.
The process may vary depending on the county's specific structure and decision-making processes. In the US, a bill for a new law or a change to an existing law can be proposed by a sitting member of the US Senate or House of Representatives. The bill is then assigned to a committee, discussed, and researched before being put to a vote. If the bill passes, it is presented to the president. If the president approves, it becomes a law.
The county executive, county council or board of supervisors, and appointed boards and commissions all play a role in making decisions for a county. The county sheriff, an elected official, is responsible for maintaining law and order and has decision-making authority on public safety matters.
Counties generally have less power to self-govern compared to cities. Cities have broader revenue-generating authority, while counties are more dependent on the state for funding.
No, a county's law cannot contradict or override state or federal laws. State legislatures have the authority to pass laws that apply statewide and can delegate certain decision-making powers to counties. The federal government can also override state laws, but this power has its limits.
