Gavin Howe
Counties have a limited degree of self-governance and are subject to the laws of the state they are in. They often have a municipal charter, which allows them to provide local ordinances and dictate the powers of their government. However, the state may take back functions it has delegated to counties. Counties can have their own rules and laws, but these must not conflict with federal or state laws. Cities and towns within a county may have their own local laws and governments, and local governments can play a crucial role in the legal system.
| Characteristics | Values |
|---|---|
| Counties' self-governance | Counties have a limited degree of self-governance. |
| Counties' subjection to state law | Counties are subject to the laws of the state they are in. |
| Counties' municipal charter | Counties often have a municipal charter, which allows them to provide local ordinances and dictate the powers of their government. |
| Counties' local ordinances | Counties can have local ordinances as long as they do not conflict with the state's own general laws. |
| Counties' legislative body | The legislative body of a county is often called the Board of Supervisors, which has legislative and executive authority. |
| Counties' power to secede from a state | Counties have attempted to secede from their states on several occasions throughout US history, with varying levels of success. However, it is unclear if this is legally possible without forming a new state. |
| Home rule states | In some states, the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves, as long as they do not conflict with the state and federal constitutions. |
| Dillon's Rule states | In some states, only limited authority has been granted to local governments by the passage of statutes in the state legislature. |
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What You'll Learn
Counties have a limited degree of self-governance
The legislative body of a county, often called the Board of Supervisors, can act by resolution, board order, or ordinance. An ordinance is a local law that does not conflict with the state's own general laws. The Board of Supervisors may supervise the official conduct of county officers and require them to discharge their duties, but it cannot add to or relieve these duties. The California Constitution, for instance, recognizes two types of counties: general law counties and charter counties. General law counties adhere to state law regarding the number and duties of county elected officials. Charter counties, on the other hand, have a limited degree of "home rule" authority, which may include the election, compensation, terms, and removal of county officers, as well as the consolidation and segregation of county offices.
The powers of a county are often exercised by the Board of Supervisors or through officers acting under the authority of the Board or conferred by law. The Board must follow the procedural requirements in the statutes for its actions to be valid. For instance, if the Legislature provides a method for a county to abandon a road, that method must be followed. Additionally, where state law requires land use zoning by ordinance, the county is bound by this statutory method. Counties can also have their own rules that apply to specific areas, such as school districts.
In some states, known as home rule states, the state's constitution grants counties the ability to pass various types of laws to govern themselves, as long as they do not conflict with state and federal constitutions. In other states, such as Dillon's Rule states, local governments have only limited authority granted by the state legislature, and they must obtain permission from the state to pass laws not specifically permitted under existing state legislation.
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Counties can have a municipal charter
The concept of a municipal charter developed in Europe during the Middle Ages. Traditionally, the granting of a charter gave a settlement and its inhabitants the right to town privileges under the feudal system. Towns with charters were often "free", meaning they were directly protected by the king or emperor and were not part of a feudal fief. Today, the process for granting a municipal charter varies depending on the type of government of the state in question. In monarchies, for example, charters are often still granted by the Crown or authorities acting on behalf of the Crown. In federations, the granting of charters may fall within the jurisdiction of the lower level of government. In the United States, municipal charters are established either directly by a state legislature through local legislation or indirectly through a referendum passed by the affected population.
In California, for example, the state constitution recognises two types of counties: general law counties and charter counties. General law counties adhere to state law regarding the number and duties of county elected officials. Charter counties, on the other hand, have a limited degree of "home rule" authority, which may include providing for the election, compensation, terms, and removal of governing board members and county officers. A charter does not grant county officials extra authority over local regulations, revenue-raising abilities, budgetary decisions, or intergovernmental relations. A county may adopt, amend, or repeal a charter with majority vote approval.
Municipal charters are also used in other countries. In the Philippines, cities were formally established through laws enacted by various national legislatures during the American colonial rule. The Philippine Commission granted the city of Manila its charter in 1901, and since gaining independence from the US in 1946, the Philippine Congress has established 149 cities, most of which required a plebiscite to ratify the city's charter. In Sweden, until 1951, cities were established by royal charter, and in the United Kingdom, cities are still established in this way.
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Local governments can play a crucial role in the legal system
In the United States, local governments are supervised by state governments but maintain their independence as jurisdictions and active participants in the intergovernmental system. They are responsible for overseeing police departments, libraries, schools, driver's licenses, and parking tickets. Local governments also play a significant role in economic development, attracting businesses, and creating a positive business climate to retain jobs and strengthen their tax base. They achieve this through promotional programs, tax incentives, regulatory adjustments, infrastructure development, and partnerships with local organisations.
Local governments have the power to make and enforce ordinances that do not conflict with state laws. For example, municipalities can create zoning ordinances that address public safety, land use, and real estate. They can also provide rules and regulations for specific purposes and geographic areas, such as designating an area for industrial use with specific dimensions, utility placement, parking restrictions, and types of buildings. These ordinances can significantly impact businesses and residents within their jurisdiction.
Additionally, local governments have a collaborative role in the federal system. They work with their citizens, community groups, and state and federal officials to acquire external aid, adapt government functions to local conditions, and experiment with new services. Local officials actively negotiate, seek regulatory interpretations, propose agendas, and influence policy to advance the interests of their communities. Their proximity to the people enables them to address local issues and implement federal and state programs effectively.
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School districts may have their own rules
Counties are subject to state law and lack the broad powers of self-government that cities have. However, they do have a limited degree of self-governance. Counties often have a municipal charter, which allows them to provide local ordinances and dictate the powers of their government.
School districts may also adopt rules regarding school uniforms. The board of trustees of an independent school district may adopt rules requiring students to wear school uniforms if they determine that it would improve the learning environment. Additionally, school districts can have rules regarding access to school campuses. The board of trustees of an independent school district may adopt rules to keep school campuses, including school libraries, open after school hours for recreational activities, latchkey programs, and tutoring.
Furthermore, school districts can have rules regarding student rights and conduct. For instance, students have the right to freedom of speech and expression, as upheld by the Supreme Court in 1969. Students can speak out, hand out flyers and petitions, and wear expressive clothing in school, as long as they do not disrupt the functioning of the school or violate school policies. Schools can have dress codes, but federal law states that dress codes cannot treat students differently based on gender, force students to conform to sex stereotypes, or censor particular viewpoints. Additionally, all students should be allowed to wear clothing consistent with their gender identity and expression, regardless of the type of school event.
In conclusion, while counties are subject to state law and have limited self-governance, school districts within those counties may have their own rules governing specific areas, such as election campaigns, school uniforms, campus access, and student rights and conduct. These rules allow school districts to tailor their policies to their specific needs and ensure the smooth functioning of their schools.
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The Board of Supervisors is the legislative and executive authority of the county
Counties are subject to state law and have a limited degree of self-governance. They are also subject to federal law, which can override local laws if they conflict with federal legislation. Counties often have a municipal charter, which allows them to provide local ordinances and dictate the powers of their government.
In some states, the Board of Supervisors is the final decision-maker for commissions underneath it, often involving land-use planning issues. The Board's legislative role involves passing and repealing laws, generally called ordinances. These ordinances are local laws that do not conflict with the state's general laws. The Board's quasi-judicial role involves sharing funding responsibility for the courts with the state, although it cannot fully control the courts' budget or operations.
The Board of Supervisors is composed of members who are the chief elected officials of their civil township or town. Each member has a proportional vote based on the population they represent. A majority of the members must agree on any act of the Board, and the Board may enact rules governing abstentions. The Board also has the power to direct and control the conduct of litigation in which the county or any public entity governed by the Board is a party.
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Frequently asked questions
Counties are subject to the laws of the state they are in, and the federal government can also preempt local laws if they conflict with federal legislation. Counties have a limited degree of self-governance, and there have been instances of counties attempting to secede from states, but it is unclear if this is legally possible without forming a new state.
Local government law and municipal law address many of our day-to-day lives, covering various topics and issues. School districts may have their own rules that apply to specific areas. Each municipality has its own way of running, so a local attorney can help navigate the system in your area.
The Board of Supervisors is the legislative and executive authority of the county, with quasi-judicial powers. They can act by resolution, board order, or ordinance. An ordinance is a local law that does not conflict with the state's general laws. The Board of Supervisors may supervise the official conduct of county officers and require them to discharge their duties.
General law counties adhere to state law regarding the number and duties of county elected officials. Charter counties have a limited degree of "home rule" authority, which allows them to make decisions on governing board matters, county officer matters, and consolidation and segregation of county offices.
