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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