The County: The "Dark Continent" of American PoliticsGilbertson, Henry S.
History
The County: The "Dark Continent" of American Politics
Gilbertson, Henry S.
County government -- United States
The procedure by which California counties may take advantage of the
home-rule privilege is as follows: A board of fifteen freeholders is
elected, either in pursuance of an ordinance adopted by three fifths of
the members of the board of supervisors, or of a petition signed by
fifteen per centum of the qualified electors of the county, computed
upon the total number of votes cast therein for all candidates for
governor at the last preceding gubernatorial election. Within one
hundred and twenty days from the time their election is declared the
board of freeholders must prepare and cause to be published a charter
for the government of the county. Within sixty days after its first
publication (unless a general election intervenes) the charter is
submitted to the voters of the county for adoption or rejection. It is
then submitted to the legislature at its next session for approval or
rejection but not for amendment. But since a California legislature
in thirty-seven years has never been known to reject a charter or
a charter amendment of a city, the outlook for a policy of county
non-interference would seem to be good.
It may be, however, that the California plan is too radical a change
for states which have not yet granted freedom to their cities. A less
sweeping way of affording relief from iron-clad forms of government is
found in the statutes of Illinois, New Jersey and other states, through
which it is possible for any county to pass from one prescribed form to
another by petition and popular election. Similar laws are in operation
in a number of states permitting cities to adopt the commission plan,
and in four states the cities may make a choice between three or four
forms under an optional law.
Following the passage of such a city law in New York, the County
Government Association and the official commissions on the
reorganization of government in Nassau and Westchester counties
memorialized the constitutional convention of 1915 for amendments which
would authorize the counties to adopt a plan of organization suited to
their local needs. These associations formulated the question of county
adjustment for “up-state” New York counties in these words:
First: That the Legislature should be required by the Constitution
to provide optional plans of county government, any one of which any
county may adopt by a vote of the people.
Second: That the Legislature should in such plans confer upon the
Board of Supervisors or other governing body in such county such
powers of local legislation as the Legislature may deem expedient.
Third: That the Constitution should require that no such plan of
government should be imposed on any county until approved by the
electors thereof and that no amendment to any plan of government
should affect any county which has previously adopted such plan,
unless such amendment is accepted by such county, or unless such
amendment relates to some state function.
Public-domain text, read in full here on John Shaqi.
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