Local Governments Chapter Three

Introduction What is a local government? How is it different from state and federal government? Local government has the most impact on citizens’ daily lives. Streets Highways Water Trash services, potholes Different types of local government: municipalities (about 1,200 city and town governments), counties (254), special districts (more than 3,000). Carry out various government functions: collect taxes, fees, provide services.

Local politics in context Local Governments and Federalism Where do local governments in Texas get their power? Dillons Rule vs. Cooley Doctrine In Texas, we follow the Dillon Rule, which states that the city only has as much power as granted to it by the state government. The Cooley Doctrine states that local government is a “matter of absolute right; and the state may not take it away?” What are your thoughts on these two different schools of thought? Local governments are weaker than state and national governments, especially if they obtain their powers and funding from state/federal government. Local governments must obey the Constitutions of both state and federal government. They also face mandates from the other two levels of government. Ex. Improve quality of air, meet state jail standards, meet federal and state education standards.

Local politics in context Local Governments and Federalism Local governments must also maintain relationships with other local governments. This is seen more often between those local governments which overlap. Texas has more than 5,000 local governments. Ex. Your home may be located in a county, a municipality, a school district, a community college district, and a hospital district. It’s important for these governments to be friendly with one another, but that is often not the case. Can you think of any examples? Intergovernmental Relations: relationships between different governments that are on the same or different levels.

Local politics in context Grassroots Challenges More than 80% of all Texans live in cities and residents have immediate concerns that need to be addressed. Ex. Fear of crime, decaying infrastructures, such as streets, roads and bridges, controversies over public schools and threat of terrorism. Communication between the government and its’ citizens thus becomes a very fundamental aspect of the success of local governments. With Texas becoming increasingly diverse, it’s important that communities receive equal access to public services. How do you become politically active in a local government? City council, county commissioners court, school board, HOA, issue-oriented organizations, election campaigns. Local government faces at least one same issue as state and federal government- voter apathy. Why is voting at the local level important?

Municipal governments Legal Status of Municipalities City government powers come from municipal charters, state and national constitutions, and statutes (laws). Texas has two legal classifications of cities. General-law city: a municipality with a charter prescribed by the legislature (population of 201 or more) Doesn’t automatically become home-rule once population increases, citizens must vote! Home-rule city: a municipality with a locally drafted charter (population of 5000 or more) Citizens must vote to become a home-rule city, status doesn’t change once population decreases. Which one do you think is better? Home-rule cities have more flexibility.

Municipal governments Legal Status of Municipalities Home-rule city exercises three distinct powers not seen in the state governments or general-law cities. Recall: removing elected-officials through popular vote. Initiative: citizen-drafted measure which becomes law if approved by popular vote. Referendum: issues are referred to the voters which they accept or reject, voters can also repeal an existing ordinance. Can you think of any examples of these? Forms of Municipal Government Strong Mayor-Council: Houston, Pasadena Separately elected council/mayor; mayor has veto, appt. and removal powers Weak Mayor-Council: Conroe Separately elected council/mayor; mayor shares powers w council, council can override the mayor’s veto. Council-Manager: Dallas, San Antonio Elected council hires a manager to coordinate budget and supervise.

Municipal governments

Municipal governments Forms of Municipal Government The council-manager form of government is followed by most of the cities in Texas today. Here, the mayor and council make decisions after debate on policy issues, such as taxation, budgeting, annexation, and services. City council typically hire professionally trained managers for the mayoral position. Major weakness: citizens have no leader to bring their concerns to. Mayor is supposed to stay out of politics. Commission: none of Texas’s cities operates under this form. Each elected commissioner is a policymaker and heads the administrative department. Which type of municipality do you think is the most efficient?

Municipal politics What factors determine which policies are adopted? Nonpartisan Elections: no party-label on the ballot for the candidates. At-Large Election: members of the city council elected on a citywide basis. Single-Member District Election: voters in an area elect one representative to serve on policymaking body. Shelby v. Holder Voting Rights Act (1975) Redistricting: redrawing district lines based on changes in population. What are term limits? Should we have them?

Municipal politics Socioeconomic & Demographic Changes Texas’s increasing levels of urbanization, education, and economic development have made the state more economically, culturally, and politically diverse. In 1995, Ron Kirk became the first African American in modern times elected mayor of a major Texas City. In 1991, Austin elected its first Latino mayor, Gus Garcia There are more Latino elected officials in Texas than in any other state, which most serving at the Local Level. Municipal Services Police and fire protection, streets, water, sewer and sanitation, and parks and recreation. Zoning, construction, food service, airports, hospitals, community development

Municipal government revenue Cities in Texas have two large tax sources (sales and property tax) which are limited by state law. Most of the revenue goes toward states rather than the cities. Cities must then rely on various fees to try and overcome debt. Taxes Fees Bonds and Certificates of Obligation Property Tax and Tax Exemptions Because pressures against increasing property tax rates, city governments refrain from increased spending, cut services and programs, or find new revenue sources. Create new fees, impose hiring freezes, cut services needed in inner-city areas, contract with private firms, improve productivity

counties Texas is divided into 254 counties that serve administrative tasks of the state and provide important services at the local level, especially in rural areas. As an agent of the state, each county issues state drivers licenses, enforces state laws, registers voters, conducts elections, collects taxes and helps administer justice (county courts). County Judge has the most prominent job at the county level. He/she is elected to hear civil and criminal cases. Important Offices County Judge County Attorney and District Attorney County Sheriff County Clerk and Tax Assessor Treasurer

Special districts Unit of government that performs a special function Can you think of any? Independent School Districts Community College Districts Non-educational Districts Water Supply Sewage Parks Housing Irrigation Fire