Home Rule: Powers and Protection Key question: distribution of power between state and localities Source of local government powers? –Inherent? (no; per tradition, need for uniformity) –Alternatives Specific statutes or charter provisions (but questions of interpretation per Dillon’s rule?) “General welfare” statutes (but how mesh with specific?) “Home Rule” provisions (generally option if choose) Protection v. state intrusion? –“special commission”/ “special legislation? – certain forms of “home rule” Preemption (state role in curtailing local options)

Home Rule: Basics Why “home rule”? –Mapping out local government power in clear terms and with clearer process of interpretation –Supplements statutory powers –May address issues of judicial interpretation –More comprehensive range of power –Often prerequisites If constitutional, may not be self-executing If available, still need to opt in (per charter)?

Home Rule: Type 1 (“Imperio”) Conceptually = state within a state (with comprehensive designated powers) Terms may vary –Typically, power over “municipal affairs” or “powers of local self-government” –Examples: NY, CT, Ohio, WA, CA Power and protection with regard to “local”/”municipal” affairs, but state still has role with respect to “state” or “mixed” arenas Courts therefore still required to interpret

Home Rule: “Imperio” Applied Denver (Colo. 1990) municipal residency requirement for city employees; state later sought to preempt –Certain cities vested with power to “make charter” “which shall …extend to all its local and municipal matters”…”including power to legislate upon… creation and terms of officers, agencies, and employments; the…regulation …powers, duties, qualifications and terms or tenure of all municipal officers, agents and employees” –Question: Local? State? Or shared interest? –Analyze: need for statewide uniformity, extraterritorial impact, historical considerations, need for cooperation, constitutional text and legislative declarations, other state interests, local interests

Home Rule: Imperio Applied Other examples –Firefighters’ pensions? –Local tax on financial corporations? –Elections (districts/single member v. at large?) –Billboard regulation? –Civil service requirements re teachers? –Affordable housing & rent control? Better tests? Interpretive role of courts? (Fleetwood Hotel)— ”grant” or “limitation”; underlying constitutional concerns; “who decides”?

Legislative Home Rule Concept: –all power that legislature can convey except if denied (and often explicitly, except for “private or civil law governing civil relationships” Applied: –Cape Girardeau (city and university to build multi-use facility; approved by referendum; ordinance to fund through license tax on hotels, restaurants; tax approved by populace) –Question: interpretation given separate constitutional provision and statute re cooperation between govts.