54-466: A city attorney is a position in city and municipal government in the United States . The city attorney is the attorney representing the municipality. Unlike a district attorney or public defender , who usually handles criminal cases, a city attorney generally handles civil cases, advising the city on legal matters and representing it in court. City attorneys may advise city officials on
108-474: A charter city . In some states, large areas have no general-purpose local government below the county level. Town or township governments are organized local governments authorized in the state constitutions and statutes of 20 Northeastern and Midwestern states, established to provide general government for a defined area, generally based on the geographic subdivision of a county. An additional dimension that distinguishes township governments from municipalities
162-544: A mayor or president . Alternatively, the institution may be of the council–manager government form, run by a city manager under direction of the city council . In the past the municipal commission was also common. Across the US, local governments employ more than ten million people. The ICMA has classified local governments into five common forms: mayor–council , council–manager , commission , town meeting , and representative town meeting . In addition to elections for
216-422: A city can, either by separating from its county or counties or by merging with one or more counties, become independent of any separately functioning county government and function both as a county and as a city. Depending on the state, such a city is known as either an independent city or a consolidated city-county . A consolidated city-county differs from an independent city in that in a consolidated city-county,
270-488: A council or mayor, elections are often also held for positions such as local judges, the sheriff , prosecutors, and other offices. Local governments across the US consist of hundreds of thousands of elected officials. Local elections are often marked by "abysmally low" voter turnout , as these elections are de-synchronized from state and federal elections. A 2009 study found that less than 40% of registered voters participate in local elections for mayor and city council. Turnout
324-615: A loose association with authorities in London . Representative government sprung up spontaneously in various colonies, and during the colonial years, it was recognized and ratified by later charters. But the colonial assemblies passed few bills and did not conduct much business, but dealt with a narrow range of issues, and legislative sessions lasted weeks (occasionally longer), and most legislators could not afford to neglect work for extended periods; so wealthier people tended to predominate in local legislatures. Office holders tended to serve from
378-633: A sense of duty and prestige, and not for financial benefit. Campaigning by candidates was different from today's. There were no mass media or advertising. Candidates talked with voters in person, walking a line between undue familiarity and aloofness. Prospective officeholders were expected to be at the polls on election day and made a point to greet all voters. Failure to appear or to be civil to all could be disastrous. In some areas, candidates offered voters food and drink, evenhandedly giving "treats" to opponents as well as supporters. ––Ed Crews. Taxes were generally based on real estate since it
432-650: A single function, but, in some instances, their enabling legislation allows them to provide several, usually related, types of services. The services provided by these districts range from such basic social needs as hospitals and fire protection to the less conspicuous tasks of mosquito abatement and upkeep of cemeteries. The Census Bureau classification of special district governments covers a wide variety of entities, most of which are officially called districts or authorities. Additionally, U.S. courts have ruled that there are smaller areas which are to be considered as fulfilling government functions, and should therefore be bound by
486-614: A wide range of city business, ranging from nuisances to tax law to municipal annexations . A city attorney also advises the city's legislative body (such as a city council ) on the legality of proposed actions and assists in the drafting of city ordinances and resolutions . In some jurisdictions, city attorneys also function as prosecutors , pursuing low-level criminal cases against persons charged with violating city ordinances, such as those relating to public drunkenness , traffic violations , zoning and building codes , and municipal health regulations. In California, city attorneys have
540-587: Is a convenient basis for understanding local government in the United States. The categories are as follows: County governments are organized local governments authorized in state constitutions and statutes. Counties and county-equivalents form the first-tier administrative division of the states. The county equivalents in Louisiana are called parishes , while those in Alaska are called boroughs . All
594-545: Is common for residents of major U.S. metropolitan areas to live under six or more layers of special districts as well as a town or city, and a county or township . In turn, a typical metro area often consists of several counties, several dozen towns or cities, and a hundred (or more) special districts. In one state, California , the fragmentation problem became so bad that in 1963 the California Legislature created Local Agency Formation Commissions in 57 of
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#1732780491672648-457: Is highest among homeowners, the elderly, and the wealthy. While their territory nominally falls within the boundaries of individual states, Indian reservations actually function outside of state control. The reservation is usually controlled by an elected tribal council which provides local services, and some reservations have their own determined subdivisions. Navajo Nation is divided into five agencies. The most local form of government in
702-822: Is the historical circumstance surrounding their formation. For example, towns in New England are also defined by a tradition of local government presided over by town meetings — assemblies open to all voters to express their opinions on public policy. The term "town" is also used for a local level of government in New York and Wisconsin . The terms "town" and "township" are used interchangeably in Minnesota . Some townships or other incorporated areas like villages , boroughs , plantations , and hamlets have governments and political power; others are simply geographic designations. Townships in many states are generally
756-779: The U.S. Virgin Islands has districts , and American Samoa has districts and unorganized atolls . Each Indian Reservation is subdivided in various ways. For example, the Navajo Nation is subdivided into agencies and Chapter houses , while the Blackfeet Nation is subdivided into Communities . When North America was colonized by Europeans from the 17th century onward, there was initially little control from governments back in Europe . Many settlements began as shareholder or stockholder business enterprises, and while
810-480: The " incorporated places" that are recognized in Census Bureau reporting of population and housing statistics, although the Census Bureau excludes New England towns from their statistics for this category, and the count of municipal governments excludes places that are governmentally inactive. Municipalities range in size from the very small (e.g., the village of Monowi, Nebraska , with only 1 resident), to
864-399: The Census Bureau, despite the fact that they are legally municipal corporations , since their structure has no necessary relation to concentration of population, which is typical of municipalities elsewhere in the United States. In particular, towns in New England have considerably more power than most townships elsewhere and often function as legally equivalent to cities, typically exercising
918-699: The NMI are used as county equivalents by the U.S. Census, but Guam is treated as a single county. ) There are no municipal governments in the District of Columbia and the United States Virgin Islands ; only the district-wide and territory-wide governments under federal jurisdiction. In addition to general-purpose government entities legislating at the state, county, and city level, special-purpose areas may exist as well. Conservation districts are one such type of special purpose area, created for
972-783: The Navajo Nation is the Chapter , which deals with local responsibilities expected of a municipal government. A census of all local governments in the country is performed every five years by the United States Census Bureau , in accordance with 13 USC 161. (not including insular areas ) * note: Municipalities are any incorporated places, such as cities , towns , villages , boroughs , etc. ** note: New England towns and towns in New York and Wisconsin are classified as civil townships for census purposes. The following sections provide details of
1026-467: The Northeast and Midwest. Population centers may be organized into incorporated municipalities of several types, including the city , town , borough , and village . The types and nature of these municipal entities are defined by state law, and vary from state to state. In addition to these general-purpose local governments, states may also create special-purpose local governments. Depending on
1080-510: The U.S. during the 1920s, according to one source, in which state law gave certain townships or other local governing bodies authority to decide how land was used; a typical zoning ordinance has a map of a parcel of land attached with a statement specifying how that land can be used, how buildings can be laid out, and so forth. Zoning legitimacy was upheld by the Supreme Court in its Euclid v. Ambler decision. The Tenth Amendment to
1134-583: The US Census Bureau's data collected in 2012, there were 89,004 local government units in the United States. This data shows a decline from 89,476 units since the last census of local governments performed in 2007. Each of the five permanently inhabited U.S. territories is also subdivided into smaller entities. Puerto Rico has 78 municipalities , and the Northern Mariana Islands has four municipalities. Guam has villages ,
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#17327804916721188-406: The United States [REDACTED] [REDACTED] Most U.S. states and territories have at least two tiers of local government: counties and municipalities . Louisiana uses the term parish and Alaska uses the term borough for what the U.S. Census Bureau terms county equivalents in those states. Civil townships or towns are used as subdivisions of a county in 20 states, mostly in
1242-640: The United States Constitution makes local government a matter of state rather than federal law, with special cases for territories and the District of Columbia . As a result, the states have adopted a wide variety of systems of local government. The United States Census Bureau conducts the Census of Governments every five years to compile statistics on government organization, public employment, and government finances. The categories of local government established in this Census of Governments
1296-651: The ability to raise taxes or fees, fine members for infractions against association-rules, and initiate lawsuits. The question of civil rights in such communities has not yet been conclusively determined, and varies from state to state. School districts are organized local entities providing public elementary and secondary education which, under state law, have sufficient administrative and fiscal autonomy to qualify as separate governments. The category excludes dependent public school systems of county, municipal, township, or state governments (e.g., school divisions ). Special districts are all organized local entities other than
1350-702: The city and county both nominally exist, although they have a consolidated government, whereas in an independent city, the county does not even nominally exist. Such a jurisdiction constitutes a county-equivalent and is analogous to a unitary authority in other countries. In Connecticut, Rhode Island, and parts of Massachusetts, counties exist only to designate boundaries for such state-level functions as park districts or judicial offices (Massachusetts). In Puerto Rico, Guam, and Northern Mariana Islands, there are municipalities (villages in Guam) and no counties. (Municipalities in PR and
1404-482: The city attorney position is very powerful. For example, the elected position of San Francisco City Attorney is important due to the large array of duties associated with the office. Unlike all other California counties , San Francisco is a consolidated city-county , meaning that the San Francisco City Attorney handles legal duties in areas that would in other counties be the responsibility of
1458-740: The county counsel (such as county health and social services functions) as well as the duties of all California city attorneys (police and fire). The San Francisco city attorney is also unusually powerful because of the broad scope of properties and activities operated by the city and county government (including land ownership in San Mateo County ); for example, the city owns the San Francisco International Airport , Crystal Springs Reservoir , Sharp Park Golf Course , San Francisco Employees' Retirement System, and Port of San Francisco . Local government in
1512-764: The county in which they would otherwise be a part. In some states, particularly in New England, towns form the primary unit of local government below the state level, in some cases eliminating the need for county government entirely. Many rural areas and even some suburban areas of many states have no municipal government below the county level. In addition to counties and municipalities, states often create special purpose authorities, such as school districts and districts for fire protection, sanitary sewer service, public transportation , public libraries , public parks or forests, water resource management, and conservation districts . Such special purpose districts may encompass areas in multiple municipalities or counties. According to
1566-613: The four categories listed above, authorized by state law to provide designated functions as established in the district's charter or other founding document, and with sufficient administrative and fiscal autonomy to qualify as separate governments; known by a variety of titles, including districts, authorities, boards, commissions, etc., as specified in the enabling state legislation. A special district may serve areas of multiple states if established by an interstate compact . Special districts are widely popular, have enjoyed "phenomenal growth" and "nearly tripled in number" from 1957 to 2007. It
1620-477: The full range of powers that are divided between counties, townships, and cities in other states. In New England, towns are a principal form of local municipal government, providing many of the functions of counties in other states. In California , by contrast, the pertinent statutes of the Government Code clarify that "town" is simply another word for "city", especially a general law city as distinct from
1674-542: The king of Britain had technical sovereignty, in most instances "full governmental authority was vested in the company itself." Settlers had to fend for themselves; compact towns sprung up based as legal corporations in what has been described as "pure democracy": The people, owing to the necessity of guarding against the Indians and wild animals, and to their desire to attend the same church, settled in small, compact communities, or townships, which they called towns. The town
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1728-468: The late 1990s, "a movement, frequently called 'New Regionalism', accepts the futility of seeking consolidated regional governments and aims instead for regional structures that do not supplant local governments." Unlike the relationship of federalism that exists between the U.S. government and the states (in which power is shared), municipal governments have no power beyond what is granted to them by their states. This legal doctrine, called Dillon's Rule ,
1782-441: The municipality and the county have been merged into a unified, coterminous jurisdiction—that is to say, these counties consist in their entirety of a single municipality whose city government also operates as the county government. Some counties, such as Arlington County, Virginia , do not have any additional subdivisions. Some states contain independent cities that are not part of any county; although it may still function as if it
1836-523: The position of city attorney is a part-time position based on a retainer agreement, and city attorneys engage in the outside private practice of law . In some cities, the city attorney is elected, while in other cities, the city attorney is appointed. For example, in California, most large cities (including San Francisco , Los Angeles , and San Diego ) have elected city attorneys, while most of smaller cities appoint their city attorneys. In some cities,
1890-503: The power to seek gang injunctions in a civil proceeding in California state courts . The client of the city attorney is the city, and the city attorney is typically responsible to both the mayor and the city council . When the mayor and the city council disagree, or when city council members disagree among themselves, this can cause complexities, such as the application and waiver of the attorney–client privilege . In some areas,
1944-699: The product of the Public Land Survey System . Municipal governments are organized local governments authorized in state constitutions and statutes, established to provide general government for a defined area, generally corresponding to a population center rather than one of a set of areas into which a county is divided. The category includes those governments designated as cities, boroughs (except in Alaska), towns (except in Minnesota and Wisconsin), and villages. This concept corresponds roughly to
1998-592: The purpose of conserving land, natural scenery, flora, and fauna. There are also numerous " special district governments " in existence throughout the various states. According to the U.S. Census Bureau , such governments are: independent, special-purpose governmental units (other than school district governments) that exist as separate entities with substantial administrative and fiscal independence from general-purpose local governments. Special district governments provide specific services that are not being supplied by existing general-purpose governments. Most perform
2052-690: The same restrictions placed on "traditional" local government bodies. These include homeowners associations (determined in Shelley v. Kraemer , Loren v. Sasser , Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association ), and company-owned towns (both for employees and for consumers, decided in the USSC case Marsh v. Alabama in 1946). Many homeowners' and neighborhood associations are considered non-profit organizations , but have
2106-572: The state governments and became technically municipal corporations . Townships and county governments and city councils shared much of the responsibility for decision-making which varied from state to state. As the United States grew in size and complexity, decision-making authority for issues such as business regulation, taxation, environmental regulation moved to state governments and the national government, while local governments retained control over such matters as zoning issues, property taxes , and public parks. The concept of "zoning" originated in
2160-720: The state's 58 counties; that is, government agencies to supervise the orderly formation and development of other government agencies. One effect of all this complexity is that victims of government negligence occasionally sue the wrong entity and do not realize their error until the statute of limitations has run against them. Because efforts at direct consolidation have proven futile, U.S. local government entities often form "councils of governments", "metropolitan regional councils", or "associations of governments". These organizations serve as regional planning agencies and as forums for debating issues of regional importance, but are generally powerless relative to their individual members. Since
2214-517: The state's constitution. Dillon's Rule is the default rule, but some state constitutions and state statutes provide home rule authority for local governments. State constitutions and statutes which allow counties or municipalities to enact ordinances without the legislature's express permission are said to provide home rule authority. New Jersey , for example, provides for home rule. Under home rule authority, local governments have implicit authority to govern themselves, unless specifically denied by
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2268-565: The state, local governments may operate under their own charters or under general law, or a state may have a mix of chartered and general-law local governments. Generally, in a state having both chartered and general-law local governments, the chartered local governments have more local autonomy and home rule. Municipalities are typically subordinate to a county government, with some exceptions. Certain cities, for example, have consolidated with their county government as consolidated city-counties . In Virginia , cities are completely independent from
2322-442: The state. This is especially true of matters of local concern. The nature of both county and municipal government varies not only between states, but also between different counties and municipalities within them. Local voters are generally free to choose the basic framework of government from a selection established by state law. In most cases both counties and municipalities have a governing council, governing in conjunction with
2376-521: The states are divided into counties or county-equivalents for administrative purposes, with most, although not all counties or county-equivalents, having an organized county government. County government has been eliminated throughout Connecticut and Rhode Island , as well as in parts of Massachusetts . The Unorganized Borough in Alaska also does not operate under a county level government. The specific governmental powers of counties vary widely between
2430-590: The states. In some states, mainly in New England , they are primarily used as judicial districts. In other states, counties have broad powers in housing, education, transportation and recreation. In areas lacking a county government, services are provided either by lower level townships or municipalities, or the state. Counties may contain a number of cities , towns, villages, or hamlets . Some cities including Philadelphia , Honolulu , San Francisco , Nashville , and Denver are consolidated city-counties , where
2484-500: The terms are used interchangeably). However, the powers granted to townships or towns vary considerably from state to state. Many states grant townships some governmental powers (making them civil townships , either independently or as a part of the county government. In others, survey townships are non-governmental. Towns in the six New England states and townships in New Jersey and Pennsylvania are included in this category by
2538-490: The town clerk, treasurer, constables, assessors, and overseers of the poor. To this day the town government continues in a large measure in some parts of New England. ––historian Henry William Elson writing in 1904. Propertied men voted; in no colonies was there universal suffrage . The founding of the Massachusetts Bay Colony in 1629 by a group of Puritans led by John Winthrop came with
2592-636: The understanding that the enterprise was to be "based in the new world rather than in London." The notion of self-government became accepted in the colonies, although it was not totally free from challenges; in the 1670s, the Lords of Trade and Plantations (a royal committee regulating mercantile trade in the colonies) tried to annul the Massachusetts Bay charter, but by 1691, the New England colonies had reinstalled their previous governments. Voting
2646-406: The very large (e.g., New York City , with about 8.5 million people), and this is reflected in the range of types of municipal governments that exist in different areas. There are approximately 30,000 incorporated cities in the United States, with varying degrees of self-rule. In most states, county and municipal governments exist side by side. There are exceptions to this, however. In some states,
2700-675: Was a consolidated city-county, an independent city was legally separated from any county. Some municipalities are in multiple counties ; New York City is uniquely partitioned into five boroughs that are each coterminous with a county. In many states, most or all of the land area of counties is divided into townships , which may or may not be incorporated. In New York, Wisconsin and New England, county subdivisions are called towns . The U.S. Census divides counties in states not having such subdivisions into other minor civil divisions , sometimes using electoral districts. The terms "township" and "town" are closely related (in many historical documents
2754-469: Was a legal corporation, was the political unit, and was represented in the General Court. It was a democracy of the purest type. Several times a year the adult males met in town meeting to discuss public questions, to lay taxes, to make local laws, and to elect officers. The chief officers were the "selectmen," from three to nine in number, who should have the general management of the public business;
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#17327804916722808-526: Was established as a precedent early on; in fact, one of the first things that Jamestown settlers did was conduct an election. Typically, voters were white males described as "property owners" aged twenty-one and older, but sometimes the restrictions were greater, and in practice, persons able to participate in elections were few. Women were prevented from voting (although there were a few exceptions) and African-Americans were excluded. The colonists never thought of themselves as subservient but rather as having
2862-594: Was established by Judge John Forrest Dillon in 1872 and upheld by the U.S. Supreme Court in Hunter v. Pittsburgh , 207 U.S. 161 (1907), which upheld the power of Pennsylvania to consolidate the city of Allegheny into the city of Pittsburgh , despite the wishes of the majority of Allegheny residents. In effect, state governments can place whatever restrictions they choose on their municipalities (including merging municipalities, controlling them directly, or abolishing them outright), as long as such rules do not violate
2916-477: Was fixed in place and plainly visible, its value was generally well known, and revenue could be allocated to the government unit where the property was located. After the American Revolution , the electorate chose the governing councils in almost every American municipality, and state governments began issuing municipal charters. During the 19th century, many municipalities were granted charters by
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