Chapter 3 State – Local Relations

New York State Local Governments 57 Counties 62 Cities 931 Towns 554 Villages Hamlets are not a legal jurisdiction Total 1,604

New York City P. 25 – “…, because of its overshadowing economic and political importance, is accorded a special legal status by the state legislature, which enacts a number of laws upon receiving home-rule requests from the city.”

Legal Basis of Relationship Based on English Common Law. Ultra vires principle In America known as Dillon’s Rule. Ultra vires is a Latin term meaning "beyond powers". It means what powers local jurisdictions have are delegated by the sovereign state.

Constitutional Home Rule The principle of local jurisdictions being protected from interference from laws passed by the legislature which apply exclusively to that jurisdiction. In practical terms it means that local jurisdictions pass laws that might differ from that of the state. The 1846 Constitution prohibited local bills.

Constitutional Home Rule – 20 th Century 1922 Home Rule Law allows local jurisdictions to enact local laws that supersede state law with nine exceptions. Employs imperium in imperio principle. Also known as local sovereignty & 1938 Constitutional Amendments prohibit special laws targeting jurisdictions.

Municipal Home Rule Law 1976 revision enhances the powers of non-suburban local town governments. P. 28 – “New York’s use of the ultra vires rule, imperium in imperio, and devolution of powers produced the most complex and confusing set of municipal laws in the nation.”

The Practical Conclusion P28. – “It is apparent that New York State general purpose local governments possess broad discretionary authority to restructure their respective governments, but relatively limited discretionary authority to initiate actions in functional areas, finance, and personnel compared to Maine cities, with their broad discretionary powers.”

In Summary P. 29 – “…the state constitution clearly reserves complete power over certain subjects to the legislature and grants it plenary power to impose mandates and restraints on local government by general law.”

Mandates Definition – “A state mandate is a legal requirement that a local government must undertake a specific activity or provide a service meeting minimum state standards.” (p. 29) “The constitutional home-rule movement may be viewed in part as a reaction against state mandates…” (p. 29)

State Restrains P. 31 – “State restraints, related to and often confused with state mandates, limit the ability of local governments to undertake certain activities, incur debt, or levy taxes and fees.”