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Bridging the Divide
Chuck Bradley
By Chuck Bradley
Chair, Coosa County Republican Party
County government in Alabama is made up of county commissions that are responsible for the legislative and administrative functions of each county. The Association of County Commissions of Alabama (ACCA) provides legal, technical and policy advice to county officials.
The county commission is the single governing body of each county. Early on county commissioners were referred to as “Road Commissioners,” and public roads within the county are still a vital part of the commission’s responsibilities; however, by no means is that their only responsibility. The commission should be viewed as the Board of Directors of the county, not as custodians of county roads.
The number of commissioners on a county commission varies from three to nine. In Coosa County the commission is comprised of five members, elected in districts and serves a four-year term. While in some counties the commission election is staggered, in Coosa County the entire commission is elected at the same time.
The commission is responsible for making decisions about the county’s legislative and administrative functions, administering the county’s finances, collecting taxes, and allocating resources. The commission is responsible for providing services such as public safety, public infrastructure, economic development, public health, public information, elections, local laws, local courts, voter registration, and appointed boards, and more, as well as providing office space for most of these agencies.
The commission may appoint a chief administrative officer to help manage the county’s government. The ACCA is the state organization that provides legal, technical and policy advice to county officials and advocates for the best interests of Alabama’s counties before the Alabama Legislature.
Other elected officials in a county include the sheriff, probate judge, revenue commissioner, superintendent of education, and coroner. Although you elect at the county level your circuit clerk, district judge and circuit judge, they are considered state officials as opposed to county officials.
The Dillon Rule is a principle of local government in Alabama that limits the powers of local governments to those granted by the state. The rule is named after Judge John Forrest Dillon.
How does the Dillon Rule work in Alabama?
Local governments in Alabama can only exercise powers that are explicitly granted by the state. Local governments can also exercise powers that are implied by the state-granted powers. Local governments can also exercise powers that are essential to their existence. Alabama courts use the Dillon Rule to determine if a local government has the authority to exercise a particular power.
The Dillon Rule was created to prevent local governments from becoming too powerful or corrupt. In early times local governments were known to abuse their power for personal gain or for the benefit of their city at the expense of others.
How does the Dillon Rule affect home rule?
Home rule allows local governments to determine their own local affairs and government, as long as it doesn’t violate state law.
For example, Shelby County and Baldwin County in Alabama have home rule.
Perhaps greater local autonomy is a good thing. For instance, Alabama is widely viewed as a Dillon’s Rule state. When it comes to the powers of local government in Alabama, “the grant of power is contained in the Constitution or is delegated by the Alabama State Legislature by law.” Although commonly called a Dillon’s Rule state, the more proper term for Alabama likely would be “limited home rule.”
The limited qualifier in Alabama is attributed to the fact that the Alabama Constitution significantly limits home rule. However, for counties, Alabama applies strict Dillon’s Rule. Therefore, anytime a county wants to do something in Alabama, they must go to the state legislature and lobby for a local law. Often, this results in constitutional amendments, which you are given the opportunity to vote on. Over the years, Alabama has added amendments to its constitution so that counties like Limestone can “dispose of dead farm animals” and Etowah can keep their flea markets open on Sundays.
According, to the Alabama Policy Institute, these local amendments play a role in Alabama’s Constitution being the longest in the world. If Alabama was not a Home Rule State, the Alabama legislature would not need to be bogged down with local concerns like doing away with dead farm animals or flea markets staying open on Sundays. Perhaps greater autonomy for local governments would be beneficial to Alabama, but that will be a column for the future.
Until next week, please send your questions or comments to bradleychuck92@gmail.com.
