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Elected Officials Webinar Series

Better Communities. Better Michigan.

William Mathewson, General Counsel

January 8, 2013

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Local Government 101 (the “short” version)

Better Communities. Better Michigan.

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Topics • What are the origins of local government? • What is local government in Michigan? • What are its powers? • What are its functions?

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The Source of Local Government Power

• Local governments are granted existence by state constitutions (not the federal government)

– Political subdivisions of the states

– No inherent right to the existence of local governance, absent provision for such in state constitutions

– The degree of local government power rests largely with provisions, interpretation of the state constitution

Fundamental Relationships: The Sovereign State

“The legislative power, under the Constitution of the state, is as broad,

comprehensive, absolute, and unlimited as that of the Parliament of England, subject only to the Constitution of the United States and the restraints and

limitations imposed by the people upon such power by the Constitution of the

state itself.” -- Young v City of Ann Arbor, 267 Mich 241 (1934)

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What is local control?

• The Dillon Rule—Any doubts concerning power are resolved against local government (from a decision in a 1868 case)

• John Forrest Dillon (1831–1914) was an influential jurist and legal scholar; Iowa State Supreme Court Justice and federal judge. He authored Municipal Corporations in 1872. There is a big memorial to him in Davenport! No power to act unless express grant of authority by

the state legislature

One view:

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What is local control?

• Home Rule--Broad power to adopt laws relating to its municipal concerns

– Home rule – constitutional, legislative, or judicial doctrine giving local government a greater measure of autonomy

– State legislatures are limited in their power to intrude on local affairs

In 1871 stated: “Local government is a matter of absolute right; and the state cannot take it away”

Another view – The Cooley Doctrine:

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Dillon and Cooley

"A municipal corporation possesses only powers expressly granted, necessarily implied, or essential to the

accomplishment of the declared objects.” - "Dillon's Rule”

“Local government is a matter of absolute right; and the State cannot take it away.” - People v Hurlbut, 24 Mich 44 (1871)

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So -- Dillon wins, right?

“Local governments have no inherent jurisdiction to make laws or adopt regulations of government; they are

governments of enumerated powers, acting by a delegated authority; so that while the State legislature may exercise

such powers of government ... as are not expressly or impliedly prohibited, the local authorities can exercise those only which are expressly or impliedly conferred”

- City of Taylor v Detroit Edison,

MI Supreme Court, 2006

- “Yippee!”

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Hold on, the Cooley Doctrine lives… “Of greater importance is Detroit’s status as a home rule city, and the rule that ‘home rule cities enjoy not only those powers specifically granted, but they may

also exercise all powers not expressly denied.’“

“…the Michigan Constitution maintains a system of governance that includes a ‘general grant of rights

and powers, subject only to certain enumerated restrictions instead of the earlier method of granting enumerated rights and powers definitely specified.’”

--GE Property & Casualty v Detroit Edison, MI Ct of Appeals, 2006

(Quoting MI Supreme Court decisions in AFSCME v Detroit (2003) and Detroit v Walker (1994)

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Local Control in Michigan • 1963 Michigan Constitution grants home rule

authority to cities and villages – Mich Const 1963 Art VII, Sec 34 – Mich Const 1963 Art VII, Sec 22

• Nonetheless, subject to the constitution and laws

• Local control in Michigan constantly evolving – subject to state legislative agenda, appellate court interpretation

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What is local government?

• General Purpose Units of government: – Provide broad range of services to residents in a

number of functional areas

• Counties (83) • Townships (1,240) • Villages (257) • Cities (276)

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Special Purpose Governments

• Special Purpose Units of government – Largely independent of general purpose units

– Include education services and special districts

– Single-purpose mandates

– Boundaries may overlap several general purpose units

– For example, school districts, ISDs, authorities

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Primary Units of Government

• Primary Units of government: – City

– Township

• Duties: 1. Assess property as a basis of county and school taxes

2. Collect taxes for counties and schools

3. Conduct county, state, and national elections

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Charter = Constitution

local unit of government state and federal

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Ordinance = Statute (local legislative act) (law or act)

local unit of government state and federal

NOTE: a resolution does not have the force of law; an ordinance does

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County Government

• Largest unit of government except for state itself • Delegated powers only • Delegated powers interpreted narrowly by courts

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Functions of County Government • Frequently acts as intermediary between state and other units of

government

• Criminal justice

• Civil and criminal court functions

• Record keeping

• Tax assessing and collecting

• Road acquisition, construction, and maintenance

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Township Government

• Michigan Constitution of 1850 recognized townships as corporate bodies

• General law townships (MCL 41.1)

– Much governing originally done at annual meeting

– Limited discretion in organizational structure

– Supervisor/Trustees

– Elected clerk and treasurer serve on board, with vote

– Board may hire manager

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Township Government

• Charter townships (MCL 42.1) – No individually written charter (Charter Township Act is the

charter)

– Greater protection from annexation

– Greater taxing authority

– May hire manager

– Supervisor/Trustees

– Elected clerk and treasurer serve on board, with vote

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Village Government • Historically formed when greater population

density led to need for increased services – Licensing and regulation

– Establish own water supply, sewerage

– Control and maintain own streets, roadways

• Villages remain a part of the township – Residents vote in village and township elections

– Subject to both village and township taxes

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Village Government • Before 1895 villages incorporated by special charters

passed by act of state legislature

• 1895 General Law Village Act

• 1909 Home Rule Village Act – Passed in response to 1908 constitutional home rule mandate

– Permitted existing villages to abandon General Law Village Act constraints

and adopt a home rule charter

– Required villages incorporating thereafter to be governed by Home Rule Village Act.

– May adopt General Law Village Act provisions for its home rule charter

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City Government • As primary units, cities conduct state-imposed

duties 1. Assessing property

2. Collecting taxes

3. Conducting county, state, national elections

• Cities authorized to levy city income tax (22 currently)

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Cities’ Governing Structure • Maximum available flexibility as to form of governing

structure – “Weak” mayor/council

• Mayor is a member of the council, chairs meetings; chief policy and ceremonial official; chief administrative official, but department heads often operate independently. The mayor is not central administrator.

– Strong mayor/council • Mayor is directly elected; full time and salaried; appoints top

administrators (hire and fire); may have veto power over council actions.

– Council/manager

• Approximately 190 cities in Michigan use • council manager form; policy and legislative role is for the council;

council hires the manager to be the administrative head of the city. (81 villages have managers.)

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• More options for home rule cities – Partisan/non-partisan elections

– Ward or district council elections, or at large, or combination

– Mayor chosen at large, by highest vote total among those

running for council, or elected from among council members

– Clerk and treasurer appointed or elected

Cities’ Governing Structure

Overview of Roles & Responsibilities

• Understanding a few basic concepts can improve the functioning of local governments!

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Overview of Roles & Responsibilities

• Council

– Policy-making body for local unit of government – Responsible for long- and short-term goal setting – Responsible for passing budget and any capital improvement plan – May only act as a body, through resolutions and ordinances

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Overview of Roles & Responsibilities

• City/Village Manager

– Appointed by and responsible to council (in strong mayor form, there could be a chief city administrator appointed by the mayor)

– Responsible for implementing policy to achieve council goals and

reporting status – Generally responsible for day-to-day operations

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Charter

The Charter is the key governing document for a local unit of government

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“Charter” of general law village and townships - written by state legislature as a state statute, i.e. General Law Village Act; General law or Charter Township Acts Charter of home rule village - written by charter commissioners and voted on by electorate of village Charter of home rule city - written by charter commissioners and voted on by electorate of city

Charter

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Council

• Acts as a body

• Legislates through ordinances (force of law) and resolutions (motions)

• Elected officials may not exceed the scope of authority as a legislative body, as provided in the charter and state statutes.

Meetings/Public Hearings

• Council can adopt rules and procedures

– Attendance and absences of councilmembers

– Times and length of public comment

– Voting responsibility

– Access to attorney (who is authorized)

– Can adopt Robert’s Rules of Order

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Meetings: General Responsibilities

• Arrive on time; be prepared and informed

• Get recognition of presiding officer before speaking

• Have basic knowledge of parliamentary procedures adopted by council

• Manager participates in discussion, does not vote

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Responsibilities of Presiding Officer

• Acknowledge members wishing to speak

• Be courteous to members of council and to public

• Enforce fairly the rules of council

• Enforce fairly the public comment portion of meetings

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A Word About Motions • Motions bring a matter before the council • Seconding a motion does not mean you favor the motion • Presiding officer does not make motions • Motions may be withdrawn or amended • Professional parliamentarians contend: All discussion without a motion is wasted time

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We’re here to help!

www.mml.org Ann Arbor (734) 662-3246

Lansing (517) 485-1314

Additional resources: MML One-Pagers Plus under the “Resources” tab on the web site;

Presentation by Mike McGee (Miller Canfield at mcgee@millercanfield.com) “Fundamentals of Organization – What’s a City (or Village) and What Does It Do?”

for MML Elected Officials Academy; and Local Government Law and Practice in Michigan

Better Communities. Better Michigan.