Home Rule Communities: Ignoring State Law?

Home rule in the United States refers to the authority of a constituent part of a U.S. state, such as a municipality or county, to exercise powers of governance. Forty of the 50 states apply some form of Dillon's Rule, which states that local governments may only exercise powers specifically granted to them by the state. In contrast, home rule states grant municipalities and counties the ability to pass laws to govern themselves, as long as they do not conflict with state and federal constitutions. This raises the question: can a home rule community ignore state law?

Home rule and state law conflict

In the United States, a home rule city, charter city, or home rule charter city is a city in which the governing system is defined by its own municipal charter document rather than solely by state statute (general law). State law may require general-law cities to have a five-member city council, for example, as in California, but a city organized under a charter may choose a different system, including the "strong mayor" or "city manager" forms of government.

In some states, known as home rule states, the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves, as long as the laws do not conflict with the state and federal constitutions. In other states, known as Dillon's Rule states, only limited authority has been granted to local governments by the passage of statutes in the state legislature. Dillon's Rule is a construct of common law that articulates that a local government has only those powers that are granted to it by the state. Forty of the 50 states apply some form of Dillon's Rule, which says that local governments may exercise only the powers that the state specifically grants to them to determine the bounds of a municipal government's legal authority.

A municipality with home rule status can exercise any power and perform any function unless it is specifically prohibited from doing so by state law. In contrast, a non-home rule municipality may only exercise powers for which express authority is provided by state law. Home rule status can be achieved in one of two ways: (1) A municipality automatically achieves home rule status when its population exceeds 25,000 residents. (2) Communities with fewer than 25,001 residents can become home rule by passing a local referendum.

Each state defines for itself what powers it will grant to local governments. Within the local sphere, there are four categories in which the state may allow discretionary authority: Structural – power to choose the form of government, charter and enact charter revisions, Functional – power to exercise local self-government in a broad or limited manner, Fiscal – authority to determine revenue sources, set tax rates, borrow funds and other related financial activities, and Personnel – authority to set employment rules, remuneration rates, employment conditions, and collective bargaining.

Home rule status

Home rule in the United States relates to the authority of a constituent part of a U.S. state to exercise powers of governance. In some states, also known as home rule states, the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves, as long as these laws do not conflict with the state and federal constitutions.

A municipality with home rule status can exercise any power and perform any function unless it is specifically prohibited from doing so by state law. This means that a home rule community cannot ignore state law, but it does have the power to pass its own laws, as long as they do not conflict with state or federal laws.

There are two ways for a community to achieve home rule status. Firstly, a municipality automatically achieves home rule status when its population exceeds 25,000 residents. If the population drops below this threshold, it remains a home rule community, but the question of home rule must be certified and submitted to voters at the next general election. Secondly, communities with fewer than 25,001 residents can become home rule communities by passing a local referendum.

Each state defines for itself what powers it will grant to local governments. Within the local sphere, there are four categories in which the state may allow discretionary authority: structural, functional, fiscal, and personnel. Most states have a mix of home rule and Dillon's Rule, which states that local governments may only exercise powers specifically granted to them by the state.

State constitutions and local authority

In the United States, a home rule city, charter city, or home rule charter city is a city in which the governing system is defined by its own municipal charter document rather than solely by state statute (general law). State constitutions in home rule states grant municipalities and/or counties the ability to pass various types of laws to govern themselves, as long as these laws do not conflict with the state and federal constitutions. In other words, a municipality with home rule status can exercise any power and perform any function unless it is specifically prohibited from doing so by state law.

Each state defines for itself what powers it will grant to local governments. Within the local sphere, there are four categories in which the state may allow discretionary authority: structural, functional, fiscal, and personnel. Structural power refers to the ability to choose the form of government, enact charters, and make charter revisions. Functional power refers to the ability to exercise local self-government in a broad or limited manner. Fiscal power refers to the authority to determine revenue sources, set tax rates, and borrow funds. Finally, personnel power refers to the authority to set employment rules, remuneration rates, employment conditions, and collective bargaining.

It is important to note that not all states are home rule states. In Dillon's Rule states, local governments are granted only limited authority, and they must obtain permission from the state legislature to pass laws or ordinances that are not specifically permitted under existing state legislation. Forty out of the 50 states apply some form of Dillon's Rule.

The interpretation and implementation of home rule provisions have been a subject of debate and legal challenges. While advocates of home rule seek to empower local governments and devolve power, state supreme courts have often interpreted home rule provisions narrowly or ignored them, leading to repeated cycles of constitutional amendment. For example, in New York, the state's highest court validated the state's regulation of tenements in New York City through the Multiple Dwelling Law, which was seen as a form of state control over local policy.

Local democracy and state courts

Home rule in the United States refers to the authority of a constituent part of a U.S. state, such as a municipality or county, to exercise powers of governance. This means that a home rule community can pass laws to govern itself, as long as these laws do not conflict with state and federal constitutions.

However, the concept of home rule is not uniformly applied across the United States. Instead, each state defines for itself what powers it will grant to local governments. There are generally four categories in which states may allow discretionary authority to local governments: structural, functional, fiscal, and personnel.

The National League of Cities identifies 31 Dillon's Rule states, 10 home rule states, 8 states that apply Dillon's Rule only to certain municipalities, and one state (Florida) that applies home rule to everything except taxation. Dillon's Rule states that local governments may only exercise powers specifically granted to them by the state. In these states, local governments have limited authority, and a city or county must obtain permission from the state legislature to pass a law or ordinance not specifically permitted under existing state legislation.

The application of Dillon's Rule and home rule has been a source of tension between local governments and state courts. State supreme courts have been accused of interpreting home rule provisions narrowly or ignoring them altogether, favoring state control over local authority. This has led to repeated cycles of constitutional amendment as advocates for local authority have sought to overcome judicial limitations. For example, in New York, Judge Benjamin Cardozo crafted a doctrine that empowered the state over local governments, which has been a precedent for state interference with local governments. Similarly, in California, the state's highest court validated the state's regulation of tenements in New York City through a statute called the Multiple Dwelling Law, which was seen as a validation of "special laws" that singled out individual cities.

Home rule reform

Home rule in the United States refers to the authority of a constituent part of a U.S. state, such as a city or county, to exercise powers of governance. In other words, it relates to whether a local government has powers specifically delegated to it by the state or if it has general authority unless explicitly denied by state-level action.

There are two main types of home rule: Dillon's Rule and home rule states. Dillon's Rule states that local governments may only exercise powers specifically granted to them by the state. Forty of the fifty states apply some form of Dillon's Rule, with thirty-one applying it to all counties or county equivalents. In contrast, home rule states allow municipalities and counties to pass various types of laws to govern themselves, as long as they do not conflict with state and federal constitutions. Ten states are considered home rule states, with thirteen allowing all counties home rule authority and twenty-one having a mix of Dillon's Rule and home rule.

The National League of Cities, an organization representing local government officials, has advocated for home rule reform to reduce state control and empower local governments. This includes proposing a model constitutional home rule article in 2020. However, state courts have often interpreted home rule provisions narrowly or ignored them, leading to repeated cycles of constitutional amendment as advocates work to overcome judicial limitations on local authority.

To achieve meaningful home rule reform, any new home rule constitutional provisions must include clear text that explicitly outlines the powers granted to local governments. This clarity will help prevent state courts from narrowly interpreting or ignoring home rule provisions and provide local governments with greater autonomy over their governance. Additionally, states could consider raising the population threshold for home rule status, currently set at 25,000 residents, to allow more communities to automatically achieve home rule status.

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