Local Government Powers Context –Framework of government in US (levels, branches) –Constraints under which operates (federal, state) –Local governments Legal status (Hunter) Creation, physical extent Now, powers: sources of power, scope of power (breadth, curtailment by state?)

Sources of Power Inherent? –If not, why not? (history, policy, then/now)? –Even if not, protect v. overreaching (“special commission” shall not be delegated power to perform “any municipal function”) (what problem? how limit?) If not inherent, what possibilities? –Statutes –State constitution (directly from the people)

Statutory powers: types Specific to context (e.g. housing code in Early Estates) but text varies –Enumerated/specific powers –Catch-all language General welfare (Hutchinson) (campaign finance reporting) Options to select between alternatives? Special cases: –proprietary? –Tax or eminent domain?

Dillon’s Rule Dillon’s Rule: – The following powers and no others Those granted in express words Those necessarily or fairly implied in, or incident to the powers expressly granted Those essential to the declared objects and purposes of the corporation—not simply convenient, but indispensable –Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the corporation Why this rule? What implications?

Dillon’s Rule & Specific Statutes Cash deposit on soft drink containers –Statute enables municipalities “to regulate or prevent the throwing or depositing of any dirt, garbage, trash or liquids in any public place and to provide for proper disposal of such material” Housing codes (Early Estates) (1961 RI) –State provides: “city council is authorized to pass… minimum standards governing the conditions, maintenance, use and occupancy of dwellings and dwelling premises deemed necessary to make said dwellings and dwelling premises safe, sanitary and fit for human habitation”

Dillon’s Rule & General Welfare Hutchinson (campaign finan.)(1980 Utah) –“board of county commissioners may pass all ordinances not repugnant to law... necessary and proper to provide for the safety, and preserve the health, promote the prosperity, improve the morals, peace and good order, comfort and convenience of the county and inhabitants thereof”—campaign contribution reporting? –Interpretation: is this distinct grant of authority? Power to implement where other grant of authority? –Rationale? State constitution? Needs? Language? What if other related statutes (e.g. fair housing ordinances and real estate brokers)?