Local Government Law
Prof. Caruso
Spring 2012
CAN DO:
Exercise power only if properly submitted to body of govt. for appropriate vote! Important in determining whether agreement, contract, money paid is valid.
Provide services: Police, water, sewer, public health, garbage.
Tax: property, special assessments, license fees (ex: ComEd licensing wires
EVERYTHING unless limited by state constitution. Remedy/amendments? Not too often. Some limits by fed constitution- ex: race based issues.
If HOME RULE, can exercise ANY power & perform any function pertaining to its gov’t & affairs including but not limited to: power to regulate for the protection of public health, safety, morals and welfare, to license, to tax, and to incur debt.
May exercise & perform concurrently with the state any power or function not specifically limited by General Assembly.
May elect by referendum (if under 25,000) to become home rule, or elect by referendum not to be home rule any more.
Counties: General Assembly provides by law for formation, consolidation, merger, division, & dissolution of counties.
Boundary change by referendum. No change by counties to county seats unless by 3/5 referendum vote. But, STATE can change counties w/out vote.
OTHER than Home Rule: have only powers granted to them by law & the powers.
1. make local improvements by special assessment & to exercise power jointly w/ other counties & munies unless denied by law.
2. by referendum, to adopt, alter or repeal their forms of govt provided by law
3. for munies, to provide by ref for their officers, manner of selection and terms of office,
4. for counties, to provide for their officers, manner of selection & terms of office as provided in sect 4.
5. Incur debt except as limited by law and except that debt payable from ad valorem (according to value) property tax receipts shall mature within 40 years from the time it is incurred.
6. To levy or impose additional taxes upon areas w/in boundaries in manner provided by law or provision of special services & debt for those services.
Why would a town not want home rule? Will have to raise taxes, hire more staff, complete reports to the state, buy computers.
Cities may exercise only such power as is conferred upon them by state legislature. Muni ordinances must be in harmony w/ laws of state. If not, ord. must give way.
Legislature may confer police power upon a muni. over subjects w/in provision of existing state laws.
Courts allow cities to get away w/ a lot. When city exercised its power of regulation upon a subject, courts will not declare the regulatory provision void unless they are palpably unreasonable and arbitrary and the courts are w/out power to inquire into the wisdom of an ordinance & have nothing to do w. the mere policy of legislation.
Enter into intergovernmental agreements. To obtain or share services, exercise, combine, transfer any power or function in any manner not prohibited by law.
State shall encourage intergov. Cooperation & use technical & financial resources to assist
IL law: election of judges.
Single subject legislation
Fundamental rights: jury NOT required for damages unlike 7th amendment.
CONSTITUTIONAL ORDER & AGENTS OF THE STATE
Local gov.t as agents of state:
Hunter: Can consolidate cities (Part 1, p.7)
Residents have NO right by contract. May lose property or lessen value.
Not violation of due process. Consolidation valid w/ or without consent of citizens.
Exception: property that city owns in its private or propriety character
Dillon: Local gov’t are mere creatures of the state. ENTIRELY subject to state authority.
Can sue state in certain circumstances: Rogers- school meal program. State statute requiring certain schools to participate. School dist had standing to sue w/ respect to federal subsidized school breakfast program. (Rogers v Brockette, part 1, pg 11)
Can extend jurisdiction to non-residents & not allow those non residents a vote. (Holt Civic Club. Part 1, pg 15)
Can restrict zoning to family members in single-family homes. (discriminating against students sharing house) Belle Terre. Part 1, pg 16-17.
Can limit votes to landowners for narrow purpose districts like water district in Ball v. James (Salt River in AZ). Acreage-based scheme for electing directors of the water district. Limited function of special district OK. Part 1 p. 17-18
Can promote commercial development in urban areas thru Business Improvement District (BID) in Grand Central (part 1, pg 18-19), or TIF. Owners of non exempt real property pay assessment to muni & funds are used to fund capital improvement & promote business activity EX: renovation of sidewalks, crosswalks, plant trees, hire security guards, sanitation workers, provide services like homeless shelters, and have board of unequal representation of residents. (OK because NOT general purpose govt body.
FORMATION, BOUNDARIES, ANNEXATION
Can deny landowners right to vote in multiple communities. (Wit v Berman. Part 1 pg 19)
Can require annexation & cut off water & sewer if refuse (Bakies v. Perrysburg part 1 pg 20)
Can assert jurisdiction for zoning and building codes to unincorporated areas that are subject to future annexation agreements. (Chatham v County of Sangamon. Part 1 pg 24)
Can change zoning after an annexation agreement has lapsed. (Meegan v Tinley Pk. Part 1 pg 26)
HOME RULE
Can have some special legislation limiting liability for baseball fields (Jasper v Chicago Cubs. Part 1 pg 27-28). (If small scope)
Can limit raising of pigeons even if state law repeals. (Burbank v. Czaia part 1, pg 29-30). Gen Assembly can limit home rule powers if inconsistent w/ state statute
Can limit gun ownership. (Kalidimos v Morton Grove. Part 1 pg 33)
Can set minimum wage (new Mexicans for Free Enterprise v. Santa Fe. Part 1 pg 34).
STATE-LOCAL, INTER LOCAL RELATIONS
Can double tax: enact a net profits tax if no state statute expressly prohibits it. (Cincinnati Bell Telephone Co v Cincinnati. PART 2 PG 37) Eeven if state already taxes it)(No const rule against double tax)
Can challenge zoning decisions of another governmental unit if clearly demonstrates that it would substantially, directly, and adversely affect its corporate capacity. (Barrington Hills v Hoffman Estates. Part 1 pg 38)
INTERGOVERNMENTAL AGREEMENTS
Can enter into agreements with other agencies to provide services such as transportation if “lawfully authorized to each”
Can contract w/county to condemn property to build collector road over resident’s objections (Utah County v Ivie, PART 2, pg 1)
School Districts CAN exclude/limit votes of out of district residents to 1 school board member even if student population at HS makes up 52% (English v BOA of Boonton. Part 2, pg 2) Does not violate “one person one vote”. Rational relationship to legit state purpose of controlling matters of grade school AND h.s.
Intergovernmental Agreements : In IL, authorized by IL const. Article VII, Sect
lopment, protects tax base. (Police v New Orleans, part 2, pg 27.)IF Rational Relationship exists.
Issues: Limits pool for hiring
Retention
Fraud
Selective enforcement (Mora v Genova)
Can restrict police officer’s appearance & off duty conduct: wearing of earrings and going to bars, (Rathert v Protone, part 2, p. 27-28)
Can hire security guards (like for CHA) and not be liable for their actions as an employer (Wade v Byles part 2, pg 29-30)
MAINTAINING ORDER
Can impose curfew for minors if purpose is to : 1. reduce violence 2. Protect juveniles, 3. Strengthen parental responsibility. (Shleifer v City of Charlotesville, part 2, p. 30) Must meet intermediate scrutiny
Can (so far) enact ordinance prohibiting ‘remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose of effect of that behavior is to enable a criminal street gang to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities”
Can privatize streets in housing complex then have Housing Authority trespass policy. Non residents must demonstrate legitimate business or social purpose. (Virginia v Hicks, part 2, p. 31)
VERTICAL FEDERALISM
Can deny a church a building permit under zoning and not be in violation of the Religious Freedom Restoration Act (Boerne v Flores, part 2, p. 32)
Commerce Clause/”tipping fees” can divert garbage to public dump (United Haulers v. Oneida, part 2, pg 32)
Can levy state property tax for a non profit if it serves mostly non residents. (Camps v Toen of Harrison, part 2, p. 32)
CANNOT DO/LIMITS:
Limited by state constitution. Ex: current pension issues. Remedies-amendments? Not too often.
Dillon’s Rule: Only those powers expressly granted by state legislature, fairly or necessarily implied from expressly granted powers, and those powers which are essential & indispensible.
Dillon’s Rule applied to intergovernmental agreements: Absent an express grant of power to EACH of the participating units of local government to provide a service a joint agreement is invalid.
Home Rule: can be limited or taken away by general assembly. Vill attorney must look at precise requirements of home rule. Limited to issues “pertaining to its government & affairs” meaning municipal problems, NOT state.
CONSTITUTIONAL ORDER & AGENTS OF THE STATE
General Rule: Can’t invoke 14th amendment against their states.
Gomillion (part 1 pg 10) (14th amendment case): can’t change boundaries to deprive black citizens of vote. (limits Hunter) . “sometimes a clear pattern, unexplainable on grounds other that race, emerges from the affect of state even when the governing legislation appears neutral on its face.” Arlington hts fair housing case.
(Have to show intent)
