HomeMy Public PortalAboutProclamation, 50th Anniversary Of Home Rule CITY OF
RIVERDALE
_sAk,
110 MANOR DRIVE • RIVERDALE, IA 52722 � • - _ 41i •
.
•
PHONE (563) 355-2511
PROCLAMATION 50TH ANNIVERSARY OF HOME RULE
Whereas, Home rule is essential to effective and responsive municipal governance in Iowa and
provides flexibility to make decisions at the local level, where decisions are made closest to the
people they impact and can be tailored to fit local conditions, needs and concerns in order to
better serve taxpayers:
Whereas, the City of Riverdale supports Home Rule and the powers it provides to make local
decisions that best reflect the residents of our community;
Whereas, the citizens of Iowa approved the adoption of Home rule in the Constitution of Iowa on
November 5, 1968;
Whereas, this is the 50th year of municipal Home Rule in Iowa;
Whereas, Home Rule continues to be vital to the health and prosperity of all cities in Iowa;
Now, therefore, I, Michael Bawden, Mayor of City of Riverdale, Iowa do hereby recognize the
50th Anniversary of Municipal Home Rule in Iowa and proudly support its continued authority.
6/13/2018 HomeRuleLogo.jpg(2192x1750)
Ann ■
H WI E
50TH ANNIvERsAR y -
RU
celebrating 50 years of local control
https://www.iowaleague.org/SiteAssets/Pages/HomeRuleAnniversary/HomeRuleLogo.jpg 1/1
6/13/2018 Home Rule 50th Anniversary
Home Rule 5oth Anniversary
Media Kit City Tool Kit
Cities across the state will celebrate the 50th Anniversary of the Home Rule El
O M E
Amendment to Iowa's State Constitution during 2018.
50'"ANNIVERSARY
In 1968 the Home Rule Amendment was passed by the citizens of Iowa and RULE
constitutionalized local control in the state of Iowa. This transitioned Iowa from a
Dillon's Rule state, where local government powers are derived exclusively from the celebrating 50 years of local control
state legislature, to a Home Rule state where local government powers are derived
from the State Constitution.
In addition to celebrations at Iowa League of Cities events throughout 2018, the League will publish monthly articles
talking about Home Rule in its Cityscape magazine. The League is also encouraging each city in Iowa to pass a
proclamation stating, "Home Rule is essential to effective and responsive municipal governance in all cities in Iowa,"and
that local control "continues to be vital to the health and prosperity of all cities in Iowa."
Thank you to all the cities that have passed a proclamation!
If you have a proclamation and aren't on this list, let us know at mailbox@iowaleague.org.
Afton Malvern
Alta Manchester
Alton Manning
Anthon Mediapolis
Aplington Melbourne
Atlantic Milford
Baxter Mingo
Bettendorf Missouri Valley
Boone Monroe
Burlington Monticello
Carlisle Moulton
Cascade Mount Vernon
Cedar Falls Nashua
Central City Neola
Clarence Nevada
Clarinda New Hampton
Clinton North Liberty
Clive Northwood
Coggon Oakland
Colfax Ogden
Coralville Orange City
Correctionville Otho
Corydon Ottumwa
Council Bluffs Plainfield
Creston Prairieburg
Dallas Center Primghar
Davenport Quasqueton
Decorah Red Oak
https://www.iowaleague.org/Pages/HomeRuleAnniversary.aspx 1/2
6/13/2018 Home Rule 50th Anniversary
DeWitt Reinbeck
Dyersville Robins
Ely Scranton
Emerson Sergeant Bluff
Emmetsburg St Ansgar
Essex Stanhope
Estherville Templeton
Evansdale Toledo
Fairfield Tripoli
Farnhamville Urbana
Fayette Urbandale
Forest City Vail
Garrison Van Meter
George Wahpeton
Gilbertville Walker
Glenwood Walnut
Greenfield Waukee
Harlan Wayland
Hawkeye Webster City
Holstein West Burlington
Independence West Des Moines
Indianola West Point
Iowa City Williamsburg
Johnston Wilton
Lake Park Windsor Heights
Lamont Woodward
Lowden Wyoming
Maharishi Vedic City
https://www.iowaleague.org/Pages/HomeRuleAnniversary.aspx 2/2
AL ,,.. (-'1
41•1OME,
. , ,.. , Va.
,
50`"ANNIVERSARY ,
n
it LI L C.k i i in
1 ' t '
celebrating 50 years of local control -''''''''' `-r kr. 1
Join us in celebrating the
50th Anniversary of Home
Rule in Iowa! We encourage Before 1968 cities were forced to seek permission from the state legislature to make many
each city in Iowa to pass a important local decisions, including community development initiatives.
proclamation stating, "Home
Rule is essential to effective Perspectives on one Rule in Iowa
and responsive municipal By Mickey Shields Iowa League of Citi
governance in all cities in
Iowa,"and that local control Q & A
"continues to be vital to the
health and prosperity of all The importance of the city Home Rule constitutional amendment,
cities in Iowa."A sample adopted in 1968 by the citizens of Iowa, is felt in every community across
proclamation is available at the state. The local control authority it confers to city leaders gives the
www.iowaleague.org, ability needed to be responsive and provide essential community services.
Home Rule, though, can have different meaning depending how it isu,ti-
lized at the local level. This month's Q&A features perspectives fromt ,
officials around the state and their views on why it is important to their city
community.
. .
I
, 'IA'
a, - '4^:411,"^" '" s Ci 1 i . /40) ,' : '
ii.,,,„"1:01‘-.4::::\ f h.: .,.;--i-,,-- .. Committed to serving Iowa
.„,..
l
,... ',,,, ,-,tilte...4.,,,„;.-' or,,,,,,z,,,,"4,1c1):.,,t; 74'IP 6, v' ' • elcdT 4 W.!
- — •''''''' 7..-4, ,. t• ...,,, ,,,,L.-,;:"„.4t ,,,r.4. , ,„, ,s a, , i „ „e4
„, . ,, , „,,,, .e.,. . , f....,.4
-1 - ' ' '' ,i:-.. :,,I, a IOWA MUNICIPALITIES WORKERS'COMPENSATION ASSOCIATION
- _
,i : • :......:':- * ''1.11.., '.----ff Nr.,,,-: 1.--', , 4-, --i
.. , ,
,,,,,..
,,-
MATOk.
,, , .:.„..,,,:.....,
,,
, , ,.
.., ..,. ....
\: ' `4 '( 'q, ' **424te.,,, ; . , '1
'di fit
) '''' 1 ' \ ' www.imwca.org I (800) 257-2708
...;#:'''‘,,,- 7...' U',...' • Endorsed&administered by the Iowa League of Cities
V
8 I May 2018 I Givrcabe
What does Home Rule mean to your city and how When adopting the State Building Code,we found
it is governed? items that did not work for Marshalltown and made
The old adage that government is best when it is amendments to ensure we could meet our local prefer-
closest to the people being represented is true. Most ences. Jessica Kinser, Marshalltown city administrator)
city governments actively engage with citizens in an
effort to understand issues or challenges on the way Why is it important for cities to continue to have
to providing the best oversight and regulation for Home Rule powers?
residents. Home Rules allows each city the ability to In light of recent legislation approved by the state
customize legislation, based upon the specific need. It's legislature, it's never been more important for local
incredibly valuable to the city of Bettendorf, because governments to fight for their constitutionally-protect-
it allows any and all local variables to be considered ed Home Rule authority and keep power in the hands
before laws or regulations are crafted. of people who fully understand what their citizens
(Scott Naumann, Bettendorfcouncil member) need. (Bob Scott, Sioux City mayor)
In Marshalltown, it means very simply that we can Each city has different needs. The ability to mold
have a Mayor-Council form of government, where our laws to fit our citizens is very important.
the day-to-day operations have been delegated to a (Suellen Kolbet, New Hampton city clerk)
non-elected administrator. It impacts everything.
Jessica Kinser, Alarshalltown city administrator) By looking at other states that do not have Home
Rule for local governments, I think we can all realize
Being only 13 years old at the time, I don't recall the that having flexibility to meet the needs of our citizens
election in November 1968 when Iowans overwhelm- efficiently is a better option. We know best on how to
ingly passed an amendment to the Iowa Constitution serve our citizens.
granting cities Home Rule power and authority. How- Jessica Kinser, Marshalltown ct.,administrator)
ever, I suspect the amendment's success was largely due
to this philosophy that local officials are best suited to Home Rule is important because city officials pride
pass laws and regulations affecting their communities, themselves on getting projects and services done at the
(John Lundell, Coralville mayor) local level. With Home Rule this can be accomplished.
(Kim Sacker, Van Meter council member)
Home rule means that the city has the ability to meet
the needs of the population it serves. At the local level, Local municipal officials are respectful of the state's
people actually expect results. authority, but are in an optimized position to have the
(Kim Sacker, Van Meter council member) final say on what's best for the city. Albeit this seems
like a broad blanket statement, I believe there are
How has your city effectively used Home Rule? big-picture value issues such as gambling, legal drinking
We have a detailed zoning ordinance and since our age and other global concerns. However, being able to
county does not have zoning, we take advantage of carefully localize many policies is almost always going
extraterritorial zoning. Every city is different, so the to result in better government. As a city that borders
ability to create our own zoning ordinance is very im- another state, local authority helps Bettendorf to be
portant. (Suellen Kolbet, New Hampton city clerk) better prepared to compete and adapt in a state-to-state
or regional basis.
The city benefits in the ability to use various tools of (Scott Naumann, Betz'endorf council member)
tax abatement for economic development or improve-
ment of blighted properties, establishing more strict Mick6y Shields is the assistant director qj membership services
regulation of fireworks, and certainly the adoption of and can be reached at(515) 244-7282 or
various energy and fire codes. Local officials can best mickeishields@imaleague.org
be trusted to make decisions impacting city residents.
(Scott Naumann, Bettendo ' council member)
Iowa League of Cities I May 2018 I 9
Thoughts
on Home Rule
A personal view* I By Ivan T. Webber
The Home Rule Amendment to the Iowa Constitution was adopted in
1968 by a vote of the people. I started representing the city of Keokuk in
111
June 1973 and have continuously represented one or more cities in Iowa
until April 2018. During the course of my career, I have witnessed the
Iowa Legislature and the Iowa Supreme Court severely limit what was
once the great promise of Home Rule. >
1865
1965 X1972
Dillon's Rule was created by Iowa Supreme Court ruled State legislature adopts
Iowa Supreme Court Justice John Dillon's Rule was a constitutional Home Rule law to codify
Dillon,essentially ruling cities only rule which the legislature could municipal powers.
derived power from the state. not change through state law
1960 1968
Legislative districts reflect Citizens of Iowa amended the
population shift toward more state constitution and granted
urban representation and a cities Home Rule.
statutory effort began to bring
legislatively-granted Home
Rule to Iowa.
pid
fQ
HOME"
Join cities across Iowa and pass the proclamation celebrating the 0 ANN ERSAtY
50th Anniversary of the historic Home Rule Constitutional Amendment! RUL E
celebrating 50 years of local control
Iowa League of Cities I June 2018 I 23
"That which limits Home Rule, limits democracy."
< In a technical sense the Home Rule Amendment The Iowa Supreme Court has implemented two
was meant to eliminate Dillon's Rule,which was created other important limits on Home Rule which require
in 1865 by Iowa Supreme Court Justice John Dillon. note. The Home Rule Amendment does not allow
It was Dillon's view that cities were not managed by cities to levy any taxes unless those taxes are authorized
people with "intelligence,business experience, capacity by the legislature. The Iowa Supreme Court has taken a
and moral character" and that such people were too very expansive view of what constitutes a"tax."Thus,
often "unwise and extravagant." His rule was meant to unlike courts in other Home Rule states, our court
and did limit what city governments could do. Dillon's has found impact fees placed on developers,which
Rule was never popular with the people who lived in allow cities to recover the cost of public infrastructure
the cities of Iowa. needed to service development, to be unauthorized
In the 1960's one of the results of reapportionment taxes. Likewise, the Iowa Supreme Court found fran-
that made legislative districts reflect population was a chise fees,which most states consider rent for use of
shift toward urban representation and a statutory effort the right-of-way, to be taxes.As a result, cities may not
to bring legislatively-granted Home Rule to Iowa. The collect either impact or franchise fees without legisla-
Iowa Supreme Court in 1965 ruled Dillon's Rule was tive authority. Our court has reached these conclusions
a constitutional rule which the legislature could not in the face of contrary precedent from other states and
change.Three years later the citizens of Iowa amended an Iowa Constitutional provision which prohibits free
the state constitution and granted cities Home Rule. public use of public property. This very expansive view
The early Iowa Supreme Court cases of the 1970's of what is a tax has left cities in Iowa at a severe com-
and 1980's held that cities did not need legislative petitive disadvantage.
authorization to act.The Home Rule Amendment was In the past few years the Legislature has also expand-
viewed as a mechanism to allow for"innovative solu- ed the area in which it is willing to expressly prohibit
tions and flexibility" City actions were seen as valid, actions by local government.These include the mun-
and the burden was not on the city to show the source dane to the controversial and serious, from limits on
of power,but on challengers to show the city's actions plastic bags, to zoning powers, and to guns.The num-
were prohibited by or irreconcilable with the state or ber of bills with such limitations which passed in the
federal constitutions or state statute. Moreover, the 2017 session ran into the double digits.
Iowa Supreme Court then said any limitation imposed Home Rule is important. It has two important
on city power had to be express or explicit. functions. First, empowerment of cities empowers the
These holdings did not last. First,in the 1980's the people. The Iowa Senate has 50 members,which is
Court ruled cities remain,even under Home Rule, more than five-times the largest city councils and ten-
creatures of the legislature.Thatis, despite the Home times the membership of a great many city councils.
Rule Amendment, cities lack any inherent powers and The Iowa House has 100 members. Any city council is
cannot challenge the constitutionality of any legislative available directly to the citizens of the city.The may-
act.This was followed in 1998 by the Iowa Supreme or of the smallest city and the mayor of Des Moines
Court's implementation of a new form of preemp- can be found by their citizens and spoken with. City
tion,implied, either in whole or in part. A decade ago councils meet locally and often. Cities are our most
the Court added field preemption under which a city democratic institutions, most capable of reacting to the
cannot act if the legislature has so occupied a field of specific needs and desires of their citizens as opposed
law that even if the words of the statute neither ex- to well-funded private interests.That which limits
press or imply preemption,a city may nonetheless not Home Rule,limits democracy.
act. There have been some dissents in field preemption
cases,but the rule remains.
24 1 Tune 201 R I Citvscabe
The second reason Home Rule is important is seen would be more hesitant to enact additional limitations
when one compares the economic conditions and and even consider eliminating some. The legislature
growth of places with and without Home Rule.The and the courts often reflect the will, or lack thereof, of
20th century was the urban century. Cities were the en- the people.
gines of growth. The nation grew by 235 percent while Cities could also continue to innovate to address the
Iowa grew by 41 percent. In the last century Iowa fell specific needs of their communities and test the limits
from 2.4 percent of the national population to 1 per- of Home Rule. Of course, cities that choose this path
cent, from 13 electoral votes to six. The lack of actual must do so with their eyes wide open about the pros-
Home Rule is not the only reason for this decline, but it pects for success given the steady erosion of Home
is one of them. Rule. Not using a tool is the same thing as not having
Lack of actual Home Rule authority has stymied a tool. Home Rule is a tool cities have a right to use,
innovation, even the ability to adopt innovation from because Home Rule as a vehicle for innovation benefits
other places,and has largely left Iowa out of both the individual cities and the state as'a whole.The right to
national and international cultures of modernization. have effective local government,like any other right,
So what can cities do to restore the full promise of must be pursued to be maintained,or in the matter of
Home Rule? Cities should take every opportunity to Home Rule,regained.
educate their citizens about the constraints placed on
their authority to address the specific needs of their *The interpretations and opinions contained herein are Ivan
communities. If citizens understood that the state T. Webber's personal views, are not intended to reflect or be
legislature has the means to eliminate the limitations attributed to any position of Ahlers&Cooney, P.C. or the Iowa
on city government, perhaps our state representatives League of Cities, and should not be relied upon as legal advice.
I
It's no secret municipal employees communicate - a lot.
From public notices to utility services, special events and more, city representatives are in a constant
state of communication. But what happens when you need to discuss something out of"the norm?"
What if there's a conflict or tragic event? What can you say? What implications might there be?
Join us at ICAP's Educational
wl�-
Summit to learn more. ®•• 0. '
o
Visit www.icapiowa.com/education to save your seat. oe, -r , O.
Iowa League of Cities I June 2018 I 25