Transcript Governor’s Task Force on Local Government Services and

A Macro View: Home Rule, State
Affairs and School Consolidation
Dr. Eric Scorsone
Director
State and Local Government Program
Michigan State University Extension
1
Background Conditions
2
Nominal GF Revenue in 2007
Less Than in 1996
10,000
$9,788
9,000
$8,697
$8,230
8,500
8,000
$7,959
20
07
20
06
20
05
20
04
20
03
20
02
20
01
20
00
19
99
19
98
19
97
7,500
19
96
($Millions)
9,500
3
General Fund & School Aid
Operating Deficits
School Aid
Fund
$600
$400
($ in Millions)
$200
$0
($200)
General
Fund
($400)
($600)
($800)
($1,000)
($1,200)
FY00
FY01
FY02
FY03
FY04
FY05
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Types of Local Government
SPECIAL PURPOSE
GENERAL PURPOSE
Michigan Has 8
Type
Quantity
Townships
1,242
Villages
261
Cities
272
Counties
83
School districts
556
Int. school districts
57
Community colleges
29
Special authorities
unknown
Total
2500 approx.
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Local Governments
Overlapping Boundaries
County
City
School Dist.*
Township**
Intermediate School
Dist.***
* Boundaries may cross city, township and village lines
** Boundaries are within the township
*** Boundaries may include more than one county
6
States With the Largest Number of Local
Governments
State
Number of
Governments
Rank
1
Illinois
6,835
1
Pennsylvania
5,070
2
Texas
4,700
3
California
4,607
4
Kansas
3,950
5
Ohio
3,597
6
Minnesota
3,501
7
Missouri
3,416
8
New York
3,413
9
Indiana
3,198
10
Wisconsin
3,059
11
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Home Rule and State Affairs
8
Public Education
•
Is a function of the state…..
−
That can be delegated to local units of
government (school districts and boards
−
Local school board is manifestation of local
home rule of schools
−
Local control of schools emerged under
•
Massachucetts Act of 1789 and 1801
9
Two Sides of the Argument
Dillon's
Rule
Cooley
Doctrine
10
Home Rule Concept
•
Most forcefully argued by Thomas
Cooley (MI Supreme Court) in late
1800’s
•
Grants discretionary authority to local
governments over “local affairs”
•
Local government is a matter of
absolute right to citizens, cannot be
taken away by state
11
Creatures of the State (No Home
Rule)
•
Dillion’s Rule (Iowa Supreme Court)
•
Local governments possess no inherent
sovereignty unless expressly implied by state
law
•
Local governments owe their very existence to
the state
12
Trenton v. New Jersey 1923 (Supreme
Court)
•
In the absence of state constitutional provisions
safeguarding it to them, municipalities have no inherent
right of self-government which is beyond the legislative
control of the state. 1 A municipality is merely a
department of the state, and the state may withhold,
grant or withdraw powers and privileges as it sees fit.
However great or small its sphere of action, it remains
the creature of the state exercising and holding powers
and privileges subject to the sovereign will.
13
Assessing the Degree of Home Rule
•
Degree of Discretionary Authority
•
Immunity from state mandates/legislation
•
Court interpretation of “local government
authority” also called “liberal construction”
14
Degree of Discretionary Authority over:
Structure and organization; How will you
operate?
− Function: What will you do?
− Fiscal: How will you raise spend and borrow
money
− Personnel: Number, type and condition of
employees
−
15
Local Control of Schools
•
Been significantly eroded by:
−
−
−
−
Compulsory attendance (most of the 20th
century; all states)
Every state has teacher certification
requirements
State approved curriculum and minimum
standards
Teacher tenure statutes and negotiation
statutes
16
Local Control and Financing
•
Serrano v. Priest (CA, 1971)—since that
time school financing has dramatically
changed
•
Most states have significantly increased
their control and share of financing of
schools
17
Michigan Home Rule & Constitution
•
In general, Michigan home rule is not as strong as it
would first appear
− Constitutional provisions for home rule do not
identify school districts
− Statues must be passed to implement constitutional
provisions
•
Legislature shall pass no special or local in any case
where a general act can be made applicable
•
State is prohibited from requiring any new or expanded
activities by local governments without full state
financing
18
Prior to Home Rule City Act
Cities incorporated by special acts of the
legislature, therefore the act organizing
the city became the basic law for the city,
any modification required legislative
action
19
Cities and Village Government
•
Creatures of the State: created and empowered
by the legislature
•
Local governments in Michigan have
restrictive powers: only permitted to do what
the legislature has enabled them to do, as
opposed to permissive powers existing in
some states.
•
Home rule modifies the restrictive power
provision.
20
Home Rule Act 1909
•
Constitution of 1908 mandated that the
legislature pass such a law
− Legislature shall provide for by
general law the incorporation of cities
and villages
− Law shall limit their taxation,
borrowing and contracting debts
powers.
21
Home Rule Act 1909
•
General Law shall further provide that
electors of each city and village may
frame, adopt, and amend its charter, and
amend its existing charter granted by
the legislature
•
Empowered cities and villages to pass
laws and ordinances relating to its
municipal concerns subject to the
constitution and general laws of the
state.
22
Township Government
•
General Law Townships 1,118
•
Charter Townships 124
23
Reform and Consolidation: A
Macro View
24
TABLE 2: Enrollment Size in Michigan Educational
Units
Enrollment Size
<50
0
5002499
2,5004,999
5,0009,999,
>9,999
Total
Independent
79
11%
300
41%
125
17%
50
7%
26
4%
580
78%
Dependent
124
17%
33
4%
0
0%
1
0%
1
0%
159
22%
Total
203
27%
333
45%
125
17%
51
7%
27
4%
739
100%
25
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KEY FINDINGS: SCHOOL REORGANIZATION
•
Cost savings
−
•
Student Achievement
−
•
Moving from less than 500 students to 2,000 to
4,000 students shows cost savings
Achievement falters with elementary schools
over 300 to 500 students and high schools over
1,000 students
Transportation cost is an issue; urban schools
have not been widely studied
27
History of Reform
•
Administrative Progressives
Early 20th century
− Believed that science could improve education
−
•
Reforms
−
−
−
−
−
Business efficiency in government
Small elite school board (no wards)
Superintendent/Principals as professional experts
“Taking the school, out of politics”
“Bigger schools were better”
28
Consider Some Statistics….
130,000 school districts in 1931 to 16,000 in 1987
• Progressive achieved their goal of fewer, larger
districts
• Many fewer school trustees
• One room schools
•
−
•
150,000 in 1930’s to under 1,000 in 1990
Principals
−
25% of schools in 1946 and an average of one
per school in 1990
29
For more information:
•
Contact the MSU Extension State and Local
Government Program
− www.msue.msu.edu/slg
− Program office: 517-353-9460
− Dr. Eric Scorsone ([email protected])
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