Home Rule

Presented by Don Spencer

League of Women Voters Workshop on Morgantown City Government March 13, 2013

Preparation for a Home Rule Program

List of nearly 40 changes which the City Council and various commissions, committees and staff could not make due to lack of State authorization - 20032006. Summer Municipal League Conference. Consulted with Jim Hunt Go pilot Preparation of first draft of white paper. Resolution for Morgantown City Council to participate if program approved by Legislature. Passed September 4, 2006 on 7-0 vote.

Definitions and History

Complete Ohio H.R. legislation: Municipalities shall have the authority to exercise all powers of self-government and to adopt and enforce within their limits such local police, sanitary, or similar regulations, as are not in conflict with general laws. -Constitution of Ohio as amended, September 3, 1912

West Virginia and Home Rule

With leadership of WVU in 1968-1969, Home rule legislation was passed. (Section 7 of WV Code 8-1-7) Court cases challenging the new law failed Charleston 1979, Huntington 1984, and Burnsville 1991. WV returned to becoming a de facto Dillons Rule state.

One Size Fits All vs. Diversity

Growing differences among WV cities: - Morgantown Most rental units, population growth, traffic - Wheeling/ Huntington Loss of industries, population, vacant structures - Martinsburg New populations, new infrastructures, new services - Weirton Industrial blight in central city, population loss - Clarksburg Roads, loss of industries, impact of suburbs - Bridgeport Intersection of interstates, suburban hub, new employment, inadequacies of services, infrastructures -Charleston/Fairmont/Summersville/etc. - New road impacts changes in industry, commerce.

All cities impacted by new roads, increased sprawl and mobility, and new commercial centers located in non-traditional locations.

State and Local Governance

Concerns: Prevention of taxation Fairness and Equity Rural and urban, north and south, coal and non-coal, growth areas and struggling areas, university and non-university, accessible areas and inaccessible areas, etc. ... State uniformity Prerogatives of State government Sense of passivity vs. ownership of opportunity

Shaping the Pilot Home Rule Program

Delegates Fleischauer, Marshall, Beach and Shook Sen. Ed Bowman Government Organization Comm.
(Former Mayor of Weirton)

- Municipal Home Rule Board - Legislative Audit in the final year - Five Cities - Five Year program duration

The Pilot Home Rule Program was the most important legislation that I worked on as a State Senator.
- Retiring State Senator Ed Bowman
(Detailed history of Pilot Program becoming law are available upon request.)

Legislative Purpose of Pilot Home Rule Program

Explore new ideas from cities to determine if they can be implemented statewide. (Some ideas were not implemented statewide but proved beneficial to cities.) Give the Legislature an opportunity to determine the viability of granting broadbased home rule statewide. (Home rule will continue to evolve and improve state laws for the foreseeable future.) - From Leg. Aud. Report 11/12

Pilot Home Rule Program Restrictions

The U.S. Constitution The West Virginia Constitution Federal Law Chapters sixty-a (Uniform Controlled Substance Act), sixty-one (Crimes and Their Punishment), and sixty-two (Criminal Procedure) of WV Code

Legislative Purpose of Pilot Home Rule Program

November 2012: Legislative Audit Report

The Municipal Home Rule Program has been effective in improving local governance, and broad-based home rule should be extended statewide.

Reports Three Recommendations

that the Legislature consider providing broad-based home rule authority to all Class I, II, III municipalities. that the an extended home rule have the restrictions as stipulated in pilot program. that the Home Rule Board be discontinued if broad-based home rule is granted statewide.

The Pilot Program: A Tale of Four Cities

Charleston, Huntington, Wheeling and Bridgeport: 25 Proposals - Entirely implemented 14 - Partially implemented 6 - Not implemented -5 - Implemented Statewide 5 (4+1) - Legally challenged - 4

Tale of the Fifth City

Morgantown: Checked Statute w/ Law Firm: Lack of selection criteria for Cities Lack of separation of powers on MHRB Administrative refusal to participate for fear of law suite. New City Manager in 2010: Too late

Continuation of Home Rule Policy

A choice of directions: 1. Continue with the Pilot Program model with a Municipal Home Rule Board reviewing all proposals for all classes of municipalities in the state. 2. Proceed at the Audit Report recommends and fix the WV Code to support broad-based home rule as intended in 1969. The Bastress Amendments.

Core Issues in Legislature

Not Permitting Any New Taxation (Regardless of Self-Determination, Purpose/Use or Timing) Autonomy of Cities (In spite of Audit) Prerogatives of Legislature (In spite of Improvements) Fairness and Equity - (In spite of Differences) State Uniformity (On All Matters?)