I
suspect that even among members of the General Assembly whose
legislative efforts undermine home rule, there is a belief in the
efficacy of decentralization. ========================
Much of the authority, power and prerogative associated with
governing ought to be vested in that level of government closest and
most accessible to the people and, therefore, the easiest for the
people to hold accountable.
To that end, state lawmakers should propose legislation that
empowers local governments, not emasculates them.
Home rule for local governments is a sound principle of
governance, especially where local governing bodies are
democratically elected. Only compelling state-policy needs, not
transient political causes or special interests, should override
that principle. A legislative commitment to home rule, and a
consistent and holistic approach when legislating for local
governments, is good public policy. It is also a logical extension
of the philosophy of governmental decentralization and the principle
of federalism.
Often it is said that Washington does not always know best (or
can best administer laws) for the states. I suspect that even among
members of the General Assembly whose legislative efforts undermine
home rule, there is a belief in the efficacy of decentralization.
Why then do they not extend the application of that belief to their
exercise of authority over the state's local governments? Is the
idea of decentralization of authority for them a sound principle of
governance or a hollow political platitude to be hauled out when it
is convenient?
The evidence supports the latter conclusion. Consider the
following examples of anti-local government legislation pending
before the General Assembly:
A bill to prohibit cities and counties from enacting ordinances
that "impose a more stringent standard than [those] established by
the General Assembly relating to the production of livestock and
poultry." (A broader proposal would prohibit the adoption of local
ordinances that supersede any state standard.)
A bill to cap the ability of the Horry County school board to
raise taxes at a level not to exceed that levied the previous year
by more than 2 mills without a referendum. This is a superfluous
piece of legislation because school board members are already
subject to a referendum via the biennial electoral process and the
level of accountability that entails.
A bill amending the statutes governing the probate courts to
empower the probate judge to set himself and his office apart from
the budgetary and personnel policies that govern most other county
offices and departments and allow him to remove the operations of
his office from the administrative oversight to which other county
offices and departments are subject.
Viewed from the perspective of a rare effort to support home
rule, there is a bill before the General Assembly that would empower
county governments to ban the discharge of fireworks in certain
unincorporated locations at certain times. This is something
municipalities have long been able to do. That effort has failed on
previous occasions because the special interest lobby working
against it has prevailed over the promotion of home rule and public
safety.
Legislators need to end the vestiges of delegation rule, both as
they exist in statute and custom and as they exist in the minds of
the legislators themselves. However, for reasons that have little to
do with good public policy, many members of the General Assembly,
including some in the Horry County delegation, do not seem to want
to relinquish control to local elected governing bodies.
If they are going to ride roughshod
over their local colleagues, how can they complain about the
treatment they receive at the hands of their colleagues in
Washington?