St. Mary s County Public Hearing

Transcription

1 St. Mary s County Public Hearing County Governments Commission vs. Code Home Rule (January 19, 2016)

2 Types of County Governments in Maryland There are 24 counties in Maryland (23 counties + Baltimore City which legally counts as both a county and a municipality) Three types of county governments Commission Calvert, Carroll, Garrett, St. Mary s, Somerset, Washington = 6 Charter Anne Arundel, Baltimore City, Baltimore County, Cecil, Dorchester, Frederick, Harford, Howard, Montgomery, Prince George s, Talbot, Wicomico = 12 Code Home Rule Allegany, Caroline, Charles, Kent, Queen Anne s, Worcester = 6 2

3 Why 3 Forms of County Governments? Maryland counties are very diverse and have vastly different local needs and demographics Estimated Total Population as of July 1, 2016 Montgomery County (1,053,344 people) to Kent County (19,769 people) [St. Mary s ranked 12 with 112,158 people] Population Density Baltimore City (7,682 persons/square mile) to Garret County (45 persons/square mile) [St. Mary s ranked 13 with 314 persons/square mile] Approved FY 2016 Operating Budgets Prince George s County ($2.95 billion) to Somerset County ($35.2 million) [St. Mary s is $227.3 million] One size does not fit all! 3

4 Why 3 Forms of County Governments? Maryland counties provide a very wide range of services (* means services required or governed under state law) Community Colleges* - Support of the county or regional board of trustees of a community college that operates under state law. Debt Service - Annual principal and interest payments on debt issued for the development of public capital facilities (i.e., roads, schools, libraries, parks, etc.). General Government - Executive and legislative control, judicial support*, election supervision*, financial administration (budgeting and accounting), legal (counsel and prosecution*), personnel administration, general services, and alcoholic beverage control*. Health* - Support of the state required and regulated county health department. K-12 Education* - Support of the state required county board of education that operates under state law. 4

5 Why 3 Forms of County Governments? Maryland counties provide a very wide range of services (* means services required or governed under state law) Land Planning and Development Zoning, urban and rural development and redevelopment, housing, economic development, and economic opportunity programs. Libraries* - Support of the county board of library trustees that operate under state law. Public Safety - Law enforcement, fire protection, corrections, building inspection, animal control, and traffic engineering. Public Works - Road construction and maintenance, sewer, water, storm drains, and solid waste collection and disposal (in Montgomery and Prince George's counties sewer and water services are provided by the Washington Suburban Sanitary Commission). Recreation and Parks - Recreation activities and facilities and park and open space maintenance and development. 5

6 Commission Form of Government Original form of county government used by all counties up until early 20th century Governed by a group of elected officials called commissioners. Per Article VII, Section 2 of Maryland Constitution, can only legislate in areas where General Assembly has given them authority. While those areas have increased over time they are still more narrowly construed than of charter and code home rule counties General Assembly can enact legislation affecting a single commission county and exact powers do vary from commission county to commission county 6

7 Commission Form of Government Examples of General Assembly involvement in commission counties (from Department of Legislative Services analysis of legislation considered by General Assembly ) Regulation of local roads Sale of county property Fees for water and sewer service and solid waste disposal Abatement of nuisances Salaries and benefits of county officers and employees Term limits and the filing of vacancies in a board of county commissioners Litter control Animal control Repeal of a local ban on fortune telling 7

8 Charter Form of Government Charter counties created in 1915 primarily to (1) reduce the glut of un-passed local measures in the final days of legislative session; and (2) allow local legislation to be enacted solely by those directly affected Article XI-A, Section 2 of the Maryland Constitution requires General Assembly to grant express powers to charter counties to legislate certain matters. The county is limited to matters expressly described in the grant of powers. Title 10 of the Maryland Code s Local Government Article lists the express powers reserved to charter counties. Basic governmental structure laid out in a document called a county charter, which is analogous to a constitution. Most charter counties have a county council and county executive, but several work through a council-manager form instead. General Assembly cannot pass laws affecting a single charter county if the subject is contained in the express powers grant, but may do so if it affects two or more charter counties. 8

9 Code Home Rule Form of Government Created in 1966 via constitutional amendment. A code county has broad authority to enact public local laws without the need for a charter. A code county s legislative authority is found in both the Maryland Constitution (Article XI-F) and the Maryland Code. County that opts to become a code county does not need to dramatically reorganize its government and most have retained basic commissioner structure. What constitutes a public local law has been subject to some debate and the Office of the Attorney General has stated that a code county s authority should be broadly construed. 9

10 Code Home Rule Form of Government In practice, code home rule counties may enact legislation in similar areas as charter counties, although procedures pertaining to certain areas, such as indebtedness, are somewhat different. Unlike commissioner and charter counties, the General Assembly must enact laws applicable to the code home rule counties as a class. It may not enact laws applicable to a single code county unless there is only one code county in that class. Classes include: (1) Central Maryland; (2) Eastern Shore; (3) Southern Maryland; and (4) Western Maryland. Exception: Article XI-F of Maryland Constitution allows General Assembly to set a maximum property tax rate or level of indebtedness for a specific code county. However, this authority has never been exercised to date. 10

11 Examples of Commission vs. Code Home Rule Bonding authority Tax caps Referenda Enact new taxes, license, or franchise fees Tax credits Impact fees Planning and zoning authority Declare/levy civil infractions/fines for enforcement of laws Excise taxes Formality of legislative process/procedures Number of commissioners/council members, method of election Ability to establish separate police and corrections departments 11

12 Other Sources and Contact Information MACo Website ( Legislative Handbook Series Volume VI Maryland Local Government (Department of Legislative Services, 2014) ( legislativehandbookseries-vol-6.pdf) Leslie Knapp Jr. Legal and Policy Counsel Maryland Association of Counties Phone: