Legislators,
candidates oblivious to needs of local government
By CINDI ROSS
SCOPPE Associate
Editor
ONE OF the more striking patterns that ran through interviews
with 31 legislative candidates in the primaries and general
elections was the reaction when I asked what, if any, changes the
Legislature should make concerning local government:
deer-in-the-headlights blank stares.
That’s a slight exaggeration. Some of the candidates were
familiar with some of the problems with legislative interference in
local authority. But with the exception of Ken Wingate, no one we
talked to had a firm handle on the depth and range of problems.
Things didn’t get a lot better when I reverted to a leading
question, asking whether the Legislature needed to meddle less in
local matters and remove some of the constraints it has placed on
the ability of elected city and county council members to set local
tax rates and manage growth and allocate local resources.
One candidate thought a moment and said that, no, he didn’t
suppose there was a need for the Legislature to reduce the authority
of local governments. Another suggested they might be given a bit
more leeway — along with a requirement that they justify each action
to the Legislature.
An all-too-frequent response was that voters hadn’t mentioned
this — as if that meant it therefore couldn’t possibly be a
problem.
Somewhere along the way, Brad Warthen started adding in a
reference to “fulfilling the promise of Home Rule,” which seemed to
trip a light-switch in several candidates’ heads. But even that led
to nothing more than a denunciation of legislative attempts to
further restrict local officials’ authority. Denunciation of the
Legislature’s attempts to prohibit county councils zoning out
mega-hog farms was commonplace.
What disturbed me most was when Joan Brady talked only about bad
things she would fight to stop. This from a former mayor and current
county council member who is so keenly aware of how legislative
actions hamstring local governments that she says, admirably, that
she hopes to be a voice for local government at the State House.
If even she can’t imagine a proactive, pro-local-government
agenda, what hope is there that we’ll ever have real local
government in South Carolina?
In the three decades since Home Rule was enshrined in our
constitution, those who believed in the principle have mostly faded
away, replaced by a generation who have no concept of what was
actually promised — and how far short the Legislature has come of
realizing it. Like anyone who knows only what they have experienced,
they assume the status quo represents life as it should be.
It does not.
The idea of Home Rule was that decisions should be made as
locally as possible, so the unique needs and preferences of each
community could be taken into account. That means city councils
should run cities, county councils should run counties, and the
Legislature should concentrate on running the state.
Much improved immediately upon adoption of Home Rule: Local
legislative delegations stopped writing the annual county budget,
and thus were freed up to concentrate on doing the job they were
elected to do. County councils got to decide how much to spend on
the sheriff’s department and the jail, the health department, the
election commission and so on. They got to designate parts of the
counties where only homes could be built, and parts where only
industry could locate.
But much of the promise of Home Rule has never been realized.
More than 500 special little governments that the Legislature
created still run fire districts, recreation commissions and water
and sewer districts. They duplicate the work of cities and counties,
driving up costs for everyone. Some are elected, but many are
appointed by local legislators, which means the people elected to
run local affairs have no say over their actions. And legislators
have little say, since there are no provisions to remove
appointees.
Local delegations still pass special laws for their counties that
override the authority of county councils and of the Legislature as
a whole. The fact that the constitution specifically prohibits this
provides no deterrent.
The Legislature passes laws to restrict all local governments’
authority to set the types and levels of taxes that the voters in
those cities and counties want.
And cities are hamstrung by some of the most restrictive
annexation laws in the nation. This makes it impossible to exercise
some measure of control over a community’s development, as growth
outside the city limits creates urban population centers that then
demand counties provide duplicative municipal services.
Howard Duvall, executive director of the state Municipal
Association, has become so concerned about what he calls “a
continuing and probably growing problem” that his organization has
launched a multi-year campaign to re-educate the public about the
importance of local government.
A study soon to be published attempts to demonstrate the extent
to which “municipalities serve not just city residents but their
regions.”
While the campaign is focused primarily on getting the public to
recognize the need for strong, empowered cities, officials hope that
message will filter up to elected officials. “Our ultimate goal,”
Mr. Duvall told me, “is to have a Legislature that values cities and
realizes the essential function that we perform in supplying the
economic power behind South Carolina.”
It’s an important and worthy goal — and one that will not be easy
to achieve.
Ms. Scoppe can be reached at cscoppe@thestate.com or at
(803)
771-8571. |