Question: Why is there tension between the state and local levels of government? In what ways is this tension healthy for our political system?


The turbulent relationship between the state and local levels of government is important and necessary to address the needs of the citizens within individual communities and the state on the whole. The spheres of influence and jurisdiction overlap in most areas with the state being the dominant power. Localities derive their authority from the state by means of the constitution and are dependent on the state to determine the amount and types of authority that can be exercised. Different states allow local government different capabilities and have the capacity to regulate the localities finances, structure, functions and processes, personnel, and service standards. Type and amount of authority also greatly depends on whether the locality is a general or special purpose entity like a city government or a school district because in some areas a uniformed solution is the best way to solve the issue.
A lot of the conflict between the two levels is about funding and control. Localities are constantly under the scrutiny of their states and subject to state take overs of particular services at certain times. Local governments get most of their funding from the states (almost 40% of state expenditures goes to local governments) but the grants come with a lot of strings attached meaning the local services must meet specific standards in order to receive the funds. There are different ways of administering services but the main difference depends on the state being centralized and decentralized. Some states may prefer to administer services at the state level but some try to do it more locally.
Another key issue is the freedom of local governments to address their issues in terms of their own fiscal circumstances and citizen demands. The state governments like to tackle issues from the perspective of the entire state while localities look at their problems in terms of their specific demographics, population, revenue and expenditure, and culture.
The tension between the state and local government is beneficial because of the fact that there is a constant check and balance of power between the two. The state can step in to improve services and structures but localities can also work with states to improve their capacities through constitutional amendments. The state had certain responsibilities and so do the local governments so this allows there to be constant dialogue and innovation on how to administer and provide the benefits and services a community needs. There should be constant evaluations on how to improve efficiency and effectiveness of local governments and state legislatures.
Below is Article 11 of the California State Constitution which details the relationship between the state and local governments.
CALIFORNIA CONSTITUTION
ARTICLE 11 LOCAL GOVERNMENT
SEC. 1. (a) The State is divided into counties which are
legal subdivisions of the State. The Legislature shall prescribe uniform procedure
for county formation, consolidation, and boundary change. Formation or
consolidation requires approval by a majority of electors voting on the
question in each affected county. A boundary change requires approval by the
governing body of each affected county. No county seat shall be removed unless
two-thirds of the qualified electors of the county, voting on the proposition
at a general election, shall vote in favor of such removal. A proposition of
removal shall not be submitted in the same county more than once in four years.
(b) The Legislature shall provide for county powers, an elected county sheriff,
an elected district attorney, an elected assessor, and an elected governing
body in each county. Except as provided in subdivision (b) of Section 4 of this
article, each governing body shall prescribe by ordinance the compensation of
its members, but the ordinance prescribing such compensation shall be subject
to referendum. The Legislature or the governing body may provide for other
officers whose compensation shall be prescribed by the governing body. The
governing body shall provide for the number, compensation, tenure, and
appointment of employees.
SEC. 2. (a) The Legislature shall prescribe uniform
procedure for city formation and provide for city powers. (b) Except with
approval by a majority of its electors voting on the question, a city may not
be annexed to or consolidated into another.
SEC. 3. (a) For its own government, a county or city may
adopt a charter by majority vote of its electors voting on the question. The
charter is effective when filed with the Secretary of State. A charter may be
amended, revised, or repealed in the same manner. A charter, amendment,
revision, or repeal thereof shall be published in the official state statutes.
County charters adopted pursuant to this section shall supersede any existing
charter and all laws inconsistent therewith. The provisions of a charter are
the law of the State and have the force and effect of legislative enactments.
(b) The governing body or charter commission of a county or city may propose a
charter or revision. Amendment or repeal may be proposed by initiative or by
the governing body. (c) An election to determine whether to draft or revise a
charter and elect a charter commission may be required by initiative or by the
governing body. (d) If provisions of 2 or more measures approved at the same
election conflict, those of the measure receiving the highest affirmative vote
shall prevail.
SEC. 4. County charters shall provide for: (a) A governing
body of 5 or more members, elected (1) by district or, (2) at large, or (3) at
large, with a requirement that they reside in a district. Charter counties are
subject to statutes that relate to apportioning population of governing body
districts. (b) The compensation, terms, and removal of members of the governing
body. If a county charter provides for the Legislature to prescribe the salary
of the governing body, such compensation shall be prescribed by the governing
body by ordinance. (c) An elected sheriff, an elected district attorney, an
elected assessor, other officers, their election or appointment, compensation,
terms and removal. (d) The performance of functions required by statute. (e)
The powers and duties of governing bodies and all other county officers, and
for consolidation and segregation of county officers, and for the manner of
filling all vacancies occurring therein. (f) The fixing and regulation by
governing bodies, by ordinance, of the appointment and number of assistants, deputies,
clerks, attaches, and other persons to be employed, and for the prescribing and
regulating by such bodies of the powers, duties, qualifications, and
compensation of such persons, the times at which, and terms for which they
shall be appointed, and the manner of their appointment and removal. (g)
Whenever any county has framed and adopted a charter, and the same shall have
been approved by the Legislature as herein provided, the general laws adopted
by the Legislature in pursuance of Section 1 (b) of this article, shall, as to
such county, be superseded by said charter as to matters for which, under this
section it is competent to make provision in such charter, and for which
provision is made therein, except as herein otherwise expressly provided. (h) Charter
counties shall have all the powers that are provided by this Constitution or by
statute for counties.
SEC. 5. (a) It shall be competent in any city charter to
provide that the city governed thereunder may make and enforce all ordinances
and regulations in respect to municipal affairs, subject only to restrictions
and limitations provided in their several charters and in respect to other
matters they shall be subject to general laws. City charters adopted pursuant
to this Constitution shall supersede any existing charter, and with respect to
municipal affairs shall supersede all laws inconsistent therewith. (b) It shall
be competent in all city charters to provide, in addition to those provisions
allowable by this Constitution, and by the laws of the State for: (1) the
constitution, regulation, and government of the city police force (2)
subgovernment in all or part of a city (3) conduct of city elections and (4)
plenary authority is hereby granted, subject only to the restrictions of this
article, to provide therein or by amendment thereto, the manner in which, the
method by which, the times at which, and the terms for which the several
municipal officers and employees whose compensation is paid by the city shall
be elected or appointed, and for their removal, and for their compensation, and
for the number of deputies, clerks and other employees that each shall have,
and for the compensation, method of appointment, qualifications, tenure of
office and removal of such deputies, clerks and other employees.
SEC. 6. (a) A county and all cities within it may
consolidate as a charter city and county as provided by statute. (b) A charter
city and county is a charter city and a charter county. Its charter city powers
supersede conflicting charter county powers.
SEC. 7. A county or city may make and enforce within its
limits all local, police, sanitary, and other ordinances and regulations not in
conflict with general laws.
SEC. 7.5. (a) A city or county measure proposed by the
legislative body of a city, charter city, county, or charter county and
submitted to the voters for approval may not do either of the following: (1)
Include or exclude any part of the city, charter city, county, or charter
county from the application or effect of its provisions based upon approval or
disapproval of the city or county measure, or based upon the casting of a
specified percentage of votes in favor of the measure, by the electors of the
city, charter city, county, charter county, or any part thereof. (2) Contain
alternative or cumulative provisions wherein one or more of those provisions
would become law depending upon the casting of a specified percentage of votes
for or against the measure. (b) "City or county measure," as used in
this section, means an advisory question, proposed charter or charter
amendment, ordinance, proposition for the issuance of bonds, or other question
or proposition submitted to the voters of a city, or to the voters of a county
at an election held throughout an entire single county.
SEC. 8. (a) The Legislature may provide that counties
perform municipal functions at the request of cities within them. (b) If
provided by their respective charters, a county may agree with a city within it
to assume and discharge specified municipal functions.
SEC. 9. (a) A municipal corporation may establish, purchase,
and operate public works to furnish its inhabitants with light, water, power,
heat, transportation, or means of communication. It may furnish those services
outside its boundaries, except within another municipal corporation which
furnishes the same service and does not consent. (b) Persons or corporations
may establish and operate works for supplying those services upon conditions
and under regulations that the city may prescribe under its organic law.
SEC. 10. (a) A local government body may not grant extra
compensation or extra allowance to a public officer, public employee, or
contractor after service has been rendered or a contract has been entered into
and performed in whole or in part, or pay a claim under an agreement made
without authority of law. (b) A city or county, including any chartered city or
chartered county, or public district, may not require that its employees be
residents of such city, county, or district; except that such employees may be
required to reside within a reasonable and specific distance of their place of
employment or other designated location.
SEC. 11. (a) The Legislature may not delegate to a private
person or body power to make, control, appropriate, supervise, or interfere
with county or municipal corporation improvements, money, or property, or to
levy taxes or assessments, or perform municipal functions. (b) The Legislature
may, however, provide for the deposit of public moneys in any bank in this
State or in any savings and loan association in this State or any credit union
in this State or in any federally insured industrial loan company in this State
and for payment of interest, principal, and redemption premiums of public bonds
and other evidence of public indebtedness by banks within or without this
State. It may also provide for investment of public moneys in securities and
the registration of bonds and other evidences of indebtedness by private
persons or bodies, within or without this State, acting as trustees or fiscal
agents.
SEC. 12. The Legislature may prescribe procedure for
presentation, consideration, and enforcement of claims against counties,
cities, their officers, agents, or employees.
SEC. 13. The provisions of Sections 1(b) (except for the
second sentence), 3(a), 4, and 5 of this Article relating to matters affecting
the distribution of powers between the Legislature and cities and counties,
including matters affecting supersession, shall be construed as a restatement
of all related provisions of the Constitution in effect immediately prior to
the effective date of this amendment, and as making no substantive change. The
terms general law, general laws, and laws, as used in this Article, shall be
construed as a continuation and restatement of those terms as used in the
Constitution in effect immediately prior to the effective date of this
amendment, and not as effecting a change in meaning.
SEC. 14. A local government formed after the effective date
of this section, the boundaries of which include all or part of two or more
counties, shall not levy a property tax unless such tax has been approved by a
majority vote of the qualified voters of that local government voting on the
issue of the tax.
SEC. 15. (a) From the revenues derived from taxes imposed
pursuant to the Vehicle License Fee Law (Part 5 (commencing with Section 10701)
of Division 2 of the Revenue and Taxation Code), or its successor, other than
fees on trailer coaches and mobilehomes, over and above the costs of collection
and any refunds authorized by law, those revenues derived from that portion of
the vehicle license fee rate that does not exceed 0.65 percent of the market
value of the vehicle shall be allocated as follows: (1) An amount shall be
specified in the Vehicle License Fee Law, or the successor to that law, for
deposit in the State Treasury to the credit of the Local Revenue Fund
established in Chapter 6 (commencing with Section 17600) of Part 5 of Division
9 of the Welfare and Institutions Code, or its successor, if any, for allocation
to cities, counties, and cities and counties as otherwise provided by law. (2)
The balance shall be allocated to cities, counties, and cities and counties as
otherwise provided by law. (b) If a statute enacted by the Legislature reduces
the annual vehicle license fee below 0.65 percent of the market value of a
vehicle, the Legislature shall, for each fiscal year for which that reduced fee
applies, provide by statute for the allocation of an additional amount of money
that is equal to the decrease, resulting from the fee reduction, in the total
amount of revenues that are otherwise required to be deposited and allocated
under subdivision (a) for that same fiscal year. That amount shall be allocated
to cities, counties, and cities and counties in the same pro rata amounts and
for the same purposes as are revenues subject to subdivision (a).
