Chapter 8

Size of Local Governments

From 1957 to 2007,

• # of counties: stayed the same

• # of townships: stayed the same

• # of municipalities: slightly increased

• # of special districts: increased

• # of school districts: greatly decreased

Population and Local Governments

Large variations in # of local governments and state populations.

• TX has slightly more government than population predicts

• KS has a lot more government than population predicts

• NV has less government than population predicts

Own-Source Revenue Breakdown (2010)

• Property Tax (1/3)

• Sales Tax (1/3)

• Charges, Utility, Income, Liquor, Vehicle, Insurance (1/3)

Expenditures Allocation (2010)

• K-12 (1/3)

• Housing, Environment, Public Safety, Utilities (1/3)

• Insurance, Interest, Govt Admin, Transportation, Health, Other Education (1/3)

County Governments Role

Oldest form of U.S local government. Dual purpose:

• Direct services: roads, public health, property

• Administrators for state functions: Vehicle licensing, voter registration, elections, prosecution courts.

Typical Roles within County Government

• Independent chief executive

• Legislative body

• Elected officials

• Appointed officials

• Bureaucracy

Texas County Government Structure

• Voters

• Commissioners, Judge, Sheriff, Constable, Treasurer

• Road crew, health officer, county deputy

Revenue Sources for County Governments

• Property tax (50%)

• Sales tax, fees, grants, fines (50%)

Expenditures by County Governments

• Law enforcement and justice system (~50%)

  • State jail felonies keep county jails full

• Roads and bridges (10-30%)

• Health and welfare (~10%)

Equity Problem in County Expenditures

Majority of revenue comes from urban residents and majority of expenditures are spent on rural residents.

Municipal Charters in Texas

• General Law Charter: Municipalities only have powers specifically granted to them by the state

• Home Rule Charters: Municipalities have all powers not forbidden by their charters.

Types of Municipal Governments

• Mayor-council (38%)

  • Strong mayor

  • Weak mayor

• Council-manager (58%) - TX

• Town meeting (4%)

• Commission (1%)

Mayor-Council Government Structure

• Voters

• Council, Mayor, Other elected officials

• City departments from Mayor

Strong vs. Weak Mayor-Council

• Strong: Common among large cities. Mayors budget, veto, and councils and strong mayor check and balance each other.

  • Can lead to corruption, so larger cities divide duties into two jobs (political matters → mayor. internal business matters → city manager)

• Weak: Common among small municipalities.

Council-Manager Government Structure

• Voters

• Council (with mayor)

• City manager (implements policy)

• City departments

Occurrence of Council-Manager in Texas

This form of city government is favored in Texas (Dallas and San Antonio) and is flexible and common for mid-size cities.

City Manager Role

Responsible for:

• Hiring/firing

• Daily operations

• Budget preparation

Efficiency of Council-Manager Government

• Allows for separation of politics and administration

  • Mayor and council do politics, city manager does admin

• Roots trace to independent school districts

Mayor's Role in Council-Manager Cities

• Presides over council (with same or lesser powers as other councilors)

• Spokesperson for community

• Facilitates communication between elected and appointed officials

• Assists council in setting goals and advocating policy

• Promoter and defender of community

• Representative for intergovernmental relations

Single-Member vs. At-Large City Council Seats

• Single-member: a council seat representing a specific geographic district, allowing voters in that district to elect their representative.

• At-large: a council seat representing the entire city, allowing all voters to elect their representatives regardless of district.

  • Can be used to provide less representation to minorities in poorer districts because white, well-off people are the ones that vote in city elections.

Commission Form of Municipal Government

• Voters

• Commission (legislative + executive authority)

• City departments (Where commissioners are department heads)

Origins of Commission Government

Originated in Galveston following 1900 hurricane devastation. Wealthy business owners called for new form of city government to restore Galveston. Elected commissioners would administer various departments and comprised the city’s policy-making board.

• Internal squabbling problems

• Commissioners advocate for their department rather than for public good

Preferences for Government Types

• Council-manager: Mid-sized suburban cities (25,000 - 250,000).

  • Business-like efficiency

  • Political neutrality

• Mayor-council: Weak = Smaller cities. Strong = Larger cities that need the political focus provided by an elected mayor.

Municipal Government Comparison Table

• Executive and legislative roles

  • Strong Mayor-Council: Checks and balances between branches

  • Council-manager: Appointed executive, elected legislature

  • Commission: Both are the same

• Mayor

  • Strong Mayor-Council: Has formal powers

  • Council-manager: Symbolic

  • Commission: Symbolic if it even exists

• Government origins

  • Strong Mayor-Council: Also used by state and federal govt

  • Council-manager: School govt inspired

  • Commission: County govt inspired

• Policy making

  • Strong Mayor-Council: Competition

  • Council-manager: Council makes, professional implements

  • Commission: Cooperation

Municipal Expenditures Categories

• Police, firefighters, streets (50%)

• Hospitals, garbage and utilities, parks and rec, libraries, homeless/poor (50%)

School District Organizational Diagram

• Voters

• School board

• Superintendents (larger than board)

• Departments

School Districts and Council-Manager Government

Similar:

• School board members are publicly elected (at-large system)

• State is authority for basic school policies (partially funds schools)

Different:

• Decisions are well publicized

• There is more interest and knowledge from public

School Board and Superintendent Relationship

School board:

• Always elected

• Majority of winners aren’t too different from losers

• Mostly run unopposed

Superintendents:

• Always hired by board

• Primary education experts

• Recommendations followed by board 99% of the time

• School boards don’t realize superintendents work for them…

Special District Organizational Diagram

• Voters

• Governing board

• Special district departments

Purposes of Special Districts

• Established for a specific purpose such as utilities, fire protection, transportation, flood control, hospital, etc

• It can span state borders

• Elected board oversees bureaucracy directly (no single chief executive)

Rationales for Special Districts

• Designed to address needs of rural areas with limited govt resources

• Cities and counties might be unable to finance needed projects

• Special district can spread costs over several cities or counties

• Ease of organization due to specific expertise and designated personnel

Incidence of Special Districts in Texas

• Many special districts, growing a lot since the 1950s

• Some are very large and some are very small with one resident

Land Developers and Special Districts

• Shiney Hiney created a special district on acres with a mobile home to make and vote for a low property tax.

• Developers can complete development faster and avoid loan liability

Conflict Between States and Local Governments

Local govts (home-rule cities) can become accustomed to hands-off approach from state govt, but the states still drive the boat. State govts are elected by residents of various localities.

Local Conflict in Texas

• School funding: State can take control of school district if failing for 5 years straight.

• Oil and gas: Denton wanted to ban/limit fracking and the state overturned this.

• Bans on discrimination: State tried to overturn this in Dallas, San Antonio, and Austin but failed.

• Bans on plastic bags: State DID overturn this in Dallas, Austin, Fort Stockton.

• Asking for proof of legal residence: State overturned this for Houston, Katy, Austin, etc.

Local Control Paradox

States control over Local decisions creates a paradox because (Conservative) states always fight about the feds controlling THEIR decisions.