Special district (United States)

Special districts or special district governments in the United States are independent, special-purpose governmental units that exist separately from, and with substantial administrative and fiscal independence from, general purpose local governments such as county, municipal, and township governments and that are formed to perform a single function or a set of related functions.[1] As defined by the U.S. Census Bureau, the term special district governments excludes school districts.[1] In 2007, the U.S. had more than 39,000 special district governments.[2]

Characteristics

Special districts serve limited areas and have governing boards that accomplish legislatively assigned functions using public funds.[3]

Areas served

Special districts provide specialized services to persons living within the designated geographic area and may contract to provide services outside the area. Special districts often cross the lines of towns, villages, and hamlets but less frequently cross city or county lines. Increasingly, however, regional special districts are being created that may serve a large portion of a state or portions of more than one state.

Governing body

Each district is governed by a board of directors, commissioners, board of supervisors, or the like. These boards may be appointed by public officials, appointed by private entities, popularly elected, or elected by benefited citizens (typically, property owners). Sometimes, one or more public officials will serve as an ex officio member on the board.

The board of a special district serves primarily as a managing board and often appoints a chief executive for day-to-day operations and decision making and policy implementation. In the New England states, special districts are often run in the same town meeting fashion as other local governments. Most districts have employees,[4] but some districts exist solely to raise funds by issuing bonds and/or by providing tax increment financing.

Functions

Special districts perform many functions including airports, ports, highways, mass transit, parking facilities, fire protection, libraries, parks, cemeteries, hospitals, irrigation, conservation, sewerage, wastewater treatment, solid waste, stadiums, water supply, electric power, and natural gas utility.[5][6]

Legal basis

Originated from English custom, special districts are authorized by state law and must have public foundation, civil office, and public accountability.

English custom

Special districts in the United States follow the English custom. The earliest known general law in England authorizing special purpose authorities was the Statute of Sewers of 1532.[7] Single purpose authorities created by individual charters also existed at the time.[7] However, the early authorities were temporary and unconnected to local government structure.[8] The first laws authorizing permanent authorities connected to local governments were the Incorporated Guardians of the Poor, which were created by special acts in the 17th century.[9] Turnpike trusts were an early and popular special purpose authority in England.[10] Internal drainage boards are current examples in parts of England and Wales.

State law

Special districts in the United States are founded by some level of government in accordance with state law [11] (either constitutional amendment, general law, or special acts)[12] and exist in all states. Special districts are legally separate entities with at least some corporate powers.[13] Districts are created by legislative action, court action, or public referendum. The procedures for creating a special district may include procedures such as petitions, hearings, voter or landowner approval, or government approval. Tribal governments may create special districts pursuant to state law and may serve on the boards of special districts.

Public foundation

Special districts, like all public entities, have public foundation.[14][15][16] The landmark case of the U.S. Supreme Court addressing public versus private charters was Dartmouth College v. Woodward in 1819.[17] Dartmouth established the fundamental differences between public and private organizations. Critically, a government must be founded by all of the people of a governmental area or by their governmental representatives.[17][18][19][20][21][22][23]

Civil office

Special districts possess some form of civil office, that is, the board has received a delegation of sovereign power from the state.[24] Some boards may be appointed by only landowners.[25][26] Private entities may appoint some or all of the members of a special district;[27][28][29] however, there must be evidence of civil office. In addition to special districts with privately appointed boards, a special district may have a privately founded board;[30] however, such a board could not be given the power to set a tax.

Accountability

There is a citizen-government fiscal accountability relationship.[31] To maintain accountability for special districts, states must maintain ultimate control (the power to repeal the authorizing law at any time).[32][33][34][35][36][37] Due to of public foundation and, thus, ultimate control, the state can freely delegate sovereign power (such as the power to tax) to special districts and can allow them to act autonomously with little supervision.

History

There is little information available on the earliest special districts in the United States. It is known that park districts existed in the 18th century. Toll road and canal corporations existed in the 19th century.[38] The first general statute authorizing irrigation districts was adopted by California in 1887.[39] The U.S. Census Bureau began identifying and collecting data on special districts in 1942.[40]

Trends

The state of California leads the nation in the number of special districts with Illinois close behind.[41] State counts of their special districts may differ from the federal count because the states may have different definitions of a special district than the U.S. Census Bureau.[38]

Examples

All of the following examples have been found by the U.S. Census Bureau to be special districts.[41] See the Census of Governments Government Organization publications at a depository library or visit http://www.census.gov and select Governments Division.

See also

References

  1. 1 2 U.S. Census Bureau (2002). 2002 Census of Governments, Vol 1, Number 1, Government Organization, GC02(1)-1 (PDF). Washington, DC: U.S. Government Printing Office. pp. vii–viii.
  2. ↑ "United States Census Bureau". census.gov.
  3. ↑ Mitzanry, K, & Manatt, A. (2002, February).What's so special about special districts? A citizen's guide to special districts in California. 3rd. ed. p. 2.
  4. ↑ http://www.census.gov/prod/2004pubs/gc023x2.pdf
  5. ↑ http://www.census.gov/prod/2003pubs/gc021x1.pdf
  6. ↑ Burns, N. The formation of American local governments: Private values in public institutions. Oxford University Press, 1994, p. 14.
  7. 1 2 Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 61.
  8. ↑ Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 300.
  9. ↑ Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 299.
  10. ↑ Webb, S.(1922). English local government: Statutory authorities for special purposes.
  11. ↑ U.S. Advisory Commission on Intergovernmental Relations. (1993, March). State laws governing local government structure and administration. page 7.
  12. ↑ Mitzanry, K, & Manatt, A. (2002, February) What's so special about special districts? A citizen's guide to special districts in California. 3rd. ed. p. 4.
  13. ↑ U.S. Census Bureau (2002). 2002 Census of Governments, Vol 1, Number 1, Government Organization, GC02(1)-1 (PDF). Washington, DC: U.S. Government Printing Office. p. ix.
  14. ↑ 15A Am Jur 2d Colleges and Universities § 2
  15. ↑ 16B Am Jur 2d Constitutional Law § 723
  16. ↑ 4B M.J. CORPORATIONS § 26
  17. 1 2 Newmyer, R. K. John Marshall and heroic age of the Supreme Court. Louisiana State University Press: Baton Rouge, 2001, pp. 244-253.
  18. ↑ Allen v. McKean, 1 F. Cas. 489 (1833)
  19. ↑ Louisville v. University of Louisville, 54 Ky. 642 (June 1855)
  20. ↑ Ohio v. Neff, 52 Ohio St. 375, 40 N.E. 720 (1895)
  21. ↑ Currie, D. P. (1982, Fall). The Constitution in the Supreme Court: State and Congressional powers, 1801-1835. University of Chicago Law Review. 49 U. Chi. L. Rev. 887.
  22. ↑ Opinion No. 84-134, 1984 Okla. AG LEXIS 17
  23. ↑ Opinion No. 1007, 1994 Minn. AG LEXIS 2
  24. ↑ Commissioner v. Shamberg's Estate, 144 F.2d 998 (1945)
  25. ↑ Mitzanry, K, & Manatt, A. (2002, February).What's so special about special districts? A citizen's guide to special districts in California. 3rd. ed. p. 7 (box).
  26. ↑ Burns, N. The formation of American local governments: Private values in public institutions. Oxford University Press, 1994, p. 12.
  27. ↑ Scholle v. Maryland 90 Md. 729, 46 A. 736 (1900)
  28. ↑ Marks v. Frantz, 179 Ky. 638 (1956)
  29. ↑ Palm Beach County Health Care District v. Everglades Memorial Hospital 658 So. 2d 577 (Fla. 1995)
  30. ↑ Sharpless v. Mayor 21 Pa. 147 (1853)
  31. ↑ Mead, D. M. (Winter 2002). The role of GASB 34 in the citizen-government accountability relationship. State and Local Government Review. Vol 34, No. 1 51-63.
  32. ↑ Hess V. Port Authority Trans-Hudson Corporation, 513 U.S. 30, 115 S. Ct. 394, 130 L. Ed. 2d 245 (1994)
  33. ↑ Meriwether v. Garrett, 102 U.S. 472, 26 L. Ed. 197 (1880)
  34. ↑ Palm Beach County Health Care District v. Everglades Memorial Hospital, 658 So. 2d 577 (Fla. 1995)
  35. ↑ Hess v. Port Authority Trans-Hudson Corporation, 513 U.S. 30,115 S. Ct. 394, 130 L. Ed. 2d 245 (1994)
  36. ↑ Vogt v. Orleans Levee District, 294 F.3d 684 (5th Cir. 2002)
  37. ↑ Reynolds v. Sims, 377 U.S. 533, 84 S. Ct. 136, 12 L. Ed. 2d 506 (1964)
  38. 1 2 Advisory Commission on Intergovernmental Relations. (1964, May). The problem special districts in American government. Washington, DC UNT Digital Library
  39. ↑ Bollens, J. C. (1957). Special district government in the United States. University of California Press, pp. 142-144.
  40. ↑ under construction
  41. 1 2 U.S. Census Bureau 2007 Census of Governments Governments Organization
  42. ↑ "Lawriter - ORC 1710". ohio.gov.
  43. ↑ "Lawriter - ORC 5540". ohio.gov.

Further reading

External links

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