Special district (United States)

Last updated

Special districts (also known as special service districts, special district governments, or limited purpose entities) are independent, special-purpose governmental units that exist separately from local governments such as county, municipal, and township governments, with substantial administrative and fiscal independence. They are formed to perform a single function or a set of related functions. [1] The term special district governments as defined by the U.S. Census Bureau excludes school districts. [1] In 2017, the U.S. had more than 51,296 special district governments. [2]

Contents

Census definition

The United States Census counts government units across all States. This includes "special districts." To count the special districts the Census must define the special districts so as to address all such governmental entities across the broad spectrum of 50 states' definitions and interpretations. The Census's full definition is:

Special district governments are independent, special purpose governmental units, other than school district governments, that exist as separate entities with substantial administrative and fiscal independence from general purpose local governments. As defined for Census Bureau statistics on governments, the term ‘‘special district governments’’ excludes school district governments as they are defined as a separate governmental type.

Special district governments provide specific services that are not being supplied by existing general purpose governments. Most perform a single function, but in some instances, their enabling legislation allows them to provide several, usually related, types of services. The services provided by these districts range from such basic social needs as hospitals and fire protection, to the less conspicuous tasks of mosquito abatement and upkeep of cemeteries.

The Census Bureau classification of special district governments covers a wide variety of entities, most of which are officially called districts or authorities. Not all public agencies so termed, however, represent separate governments. Many entities that carry the designation ‘‘district’’ or ‘‘authority’’ are, by law, so closely related to county, municipal, town or township, or state governments that they are classified as subordinate agencies of those governments in Census Bureau statistics on governments, and are not counted as separate special district governments.

In order to be classified as a special district government, rather than as a subordinate agency, an entity must possess three attributes—existence as an organized entity, governmental character, and substantial autonomy. Each state description also lists various statutory authorities, commissions, corporations, and other forms of organizations that have certain governmental characteristics, but are subject by law to administrative or fiscal control by the state or by independent local governments; therefore, they are classified as subordinate agencies of those governments. [3]

Characteristics

Special districts serve limited areas and have governing boards that accomplish legislatively assigned functions using public funds. [4]

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, [5] 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, fiber optic systems, stadiums, water supply, electric power, and natural gas utility. [6] [7]

Special districts are authorized by state law and must have public foundation, civil office, and public accountability.

State law

Special districts in the United States are founded by some level of government in accordance with state law [8] (either constitutional amendment, general law, or special acts) [9] and exist in all states. Special districts are legally separate entities with at least some corporate powers. [10] 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. [11] [12] [13] The landmark case of the U.S. Supreme Court addressing public versus private charters was Dartmouth College v. Woodward in 1819. [14] 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. [14] [15] [16] [17] [18] [19] [20]

Civil office

Special districts possess some form of civil office, that is, the board has received a delegation of sovereign power from the state. [21] Some boards may be appointed by only landowners. [22] [23] Private entities may appoint some or all of the members of a special district; [24] [25] [26] 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; [27] however, such a board could not be given the power to set a tax.

Accountability

There is a citizen-government fiscal accountability relationship. [28] To maintain accountability for special districts, states must maintain ultimate control (the power to repeal the authorizing law at any time). [29] [30] [31] [32] [33] [34] Due to 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. [35] The first general statute authorizing irrigation districts was adopted by California in 1887. [36] The U.S. Census Bureau began identifying and collecting data on special districts in 1942. [37]

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. [38] Single purpose authorities created by individual charters also existed at the time. [38] However, the early authorities were temporary and unconnected to local government structure. [39] 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. [40] Turnpike trusts were an early and popular special purpose authority in England. [41] Internal drainage boards are current examples in parts of England and Wales.

The state of Illinois leads the nation in the number of special districts with California close behind. [42] 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. [35]

Examples

All of the following examples have been found by the U.S. Census Bureau to be special districts. [42] See the Census of Governments Government Organization publications at a depository library or visit https://www.census.gov and select Governments Division.

See also

Related Research Articles

<span class="mw-page-title-main">Local government</span> Lowest tier of administration within a sovereign state

Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state.

The government of California is the governmental structure of the U.S. state of California as established by the California Constitution. California uses the separation of powers system to structure its government. It is composed of three branches: the executive, consisting of the governor of California and the other constitutionally elected and appointed officers and offices; the legislative, consisting of the California State Legislature, which includes the Assembly and the Senate; and the judicial, consisting of the Supreme Court of California and lower courts. There is also local government, consisting of counties, cities, special districts, and school districts, as well as government entities and offices that operate independently on a constitutional, statutory, or common law basis. The state also allows direct participation of the electorate by initiative, referendum, recall and ratification.

<span class="mw-page-title-main">County (United States)</span> Subdivision used by most states in the United States

In the United States, a county or county equivalent is an administrative or political subdivision of a U.S. state or other territories of the United States which consists of a geographic area with specific boundaries and usually some level of governmental authority. The term "county" is used in 48 states, while Louisiana and Alaska have functionally equivalent subdivisions called parishes and boroughs, respectively. The specific governmental powers of counties vary widely between the states, with many providing some level of services to civil townships, municipalities, and unincorporated areas. Certain municipalities are in multiple counties; New York City is uniquely partitioned into five counties, referred to at the city government level as boroughs. Some municipalities have been consolidated with their county government to form consolidated city-counties, or have been legally separated from counties altogether to form independent cities. Conversely, those counties in Connecticut, Rhode Island, eight of Massachusetts's 14 counties, and Alaska's Unorganized Borough have no government power, existing only as geographic distinctions.

A school district is a special-purpose district that operates local public primary or secondary schools or both in various countries.

A civil township is a widely used unit of local government in the United States that is subordinate to a county, most often in the northern and midwestern parts of the country. The term town is used in New England, New York, as well as Wisconsin to refer to the equivalent of the civil township in these states; Minnesota uses "town" officially but often uses it and "township" interchangeably. Specific responsibilities and the degree of autonomy vary in each state. Civil townships are distinct from survey townships, but in states that have both, the boundaries often coincide and may completely geographically subdivide a county. The U.S. Census Bureau classifies civil townships as minor civil divisions. Currently, there are 20 states with civil townships.

<span class="mw-page-title-main">Administrative divisions of New York (state)</span>

The administrative divisions of New York are the various units of government that provide local services in the American state of New York. The state is divided into boroughs, counties, cities, towns, and villages. They are municipal corporations, chartered (created) by the New York State Legislature, as under the New York State Constitution the only body that can create governmental units is the state. All of them have their own governments, sometimes with no paid employees, that provide local services. Centers of population that are not incorporated and have no government or local services are designated hamlets. Whether a municipality is defined as a borough, city, town, or village is determined not by population or land area, but rather on the form of government selected by the residents and approved by the New York State Legislature. Each type of local government is granted specific home rule powers by the New York State Constitution. There are still occasional changes as a village becomes a city, or a village dissolves, each of which requires legislative action. New York also has various corporate entities that provide local services and have their own administrative structures (governments), such as school and fire districts. These are not found in all counties.

<span class="mw-page-title-main">Privacy Act of 1974</span> American law regarding the disclosure of personal information held by the US government

The Privacy Act of 1974, a United States federal law, establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of information from a system of records absent of the written consent of the subject individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records and sets forth various agency record-keeping requirements. Additionally, with people granted the right to review what was documented with their name, they are also able to find out if the "records have been disclosed" and are also given the right to make corrections.

<span class="mw-page-title-main">Local government in the United States</span> Governmental jurisdictions below the level of the state

Most U.S. states and territories have at least two tiers of local government: counties and municipalities. Louisiana uses the term parish and Alaska uses the term borough for what the U.S. Census Bureau terms county equivalents in those states. Civil townships or towns are used as subdivisions of a county in 20 states, mostly in the Northeast and Midwest.

A municipal council is the legislative body of a municipality or local government area. Depending on the location and classification of the municipality it may be known as a city council, town council, town board, community council, rural council, village council, or board of aldermen.

The administrative divisions of Wisconsin include counties, cities, villages and towns. In Wisconsin, all of these are units of general-purpose local government. There are also a number of special-purpose districts formed to handle regional concerns, such as school districts.

A statutory corporation is a government entity created as a statutory body by statute. Their precise nature varies by jurisdiction, but they are corporations owned by a government or controlled by national or sub-national government to the extent provided for in the creating legislation.

<span class="mw-page-title-main">State auditor</span> Executive officer of a U.S. state

State auditors are fiscal officers lodged in the executive or legislative branches of U.S. state governments who serve as external auditors, program evaluators, financial controllers, bookkeepers, or inspectors general of public funds. The office of state auditor may be a creature of the state constitution or one created by statutory law.

Local government in New Jersey is composed of counties and municipalities. Local jurisdictions in New Jersey differ from those in some other states because every square foot of the state is part of exactly one municipality; each of the 564 municipalities is in exactly one county; and each of the 21 counties has more than one municipality. New Jersey has no independent cities, or consolidated city-counties.

Civilian oversight, sometimes referred to as civilian review or citizen oversight, is a form of civilian participation in reviewing government activities, most commonly accusations of police misconduct. Members of civilian oversight boards are generally not employed by the government entity which they are reviewing. These groups are tasked with direct involvement in the citizen complaints process and develop solutions to improve government accountability. Responsibilities of civilian oversight groups can vary significantly depending on the jurisdiction and their ability to become influential. Oversight should not simply criticize but should improve government through citizen support for government responsiveness, accountability, transparency, and overall efficiency.

The copyright status of works produced by the governments of states, territories, and municipalities in the United States varies. Copyright law is federal in the United States. Federal law expressly denies U.S. copyright protection to two types of government works: works of the U.S. federal government itself, and all edicts of any government regardless of level or whether or not foreign. Other than addressing these "edicts of government", U.S. federal law does not address copyrights of U.S. state and local government.

Business improvement districts in the United States (BIDs), also known as local improvement districts (LIDs), are United States special districts within a city that are overseen by a nonprofit entity. In the United States, business improvement districts are typically funded by an additional tax assessment, with the tax increase going toward improvements of the area.

The administrative divisions of Illinois are counties, townships, precincts, cities, towns, villages, and special-purpose districts. The basic subdivisions of Illinois are the 102 counties. Illinois has more units of local government than any other state—over 8,000 in all. The Constitution of 1970 created, for the first time in Illinois, a type of "home rule", which allows localities to govern themselves to a certain extent. Illinois also has several types of school districts and additional units of government that oversee many other functions.

The Michigan Townships Association (MTA) is a non-profit organization based in U.S. state of Michigan. It is one of the largest local government associations in the United States. The MTA was formed in 1953 and now claims nearly 99% of Michigan's 1,240 townships as members.

The administrative divisions of Ohio are counties, municipalities, townships, special districts, and school districts.

Special districts in Illinois are forms of local government that are responsible for a narrow set of responsibilities, as opposed to counties, townships, and municipal governments which have a wide range of responsibilities. School districts and community college boards are not usually considered special-purpose governments despite their narrow focus on education.

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. ↑ "Number of Local Governments by State". www.governing.com. 14 September 2012. Retrieved 2021-01-06.
  3. ↑ "2007 United States Census - Individual State Descriptions - Census of Government" (PDF). p. 6. Retrieved 2017-06-22.
  4. ↑ 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.
  5. ↑ "Archived copy" (PDF). Archived from the original (PDF) on 2017-07-22. Retrieved 2017-12-06.{{cite web}}: CS1 maint: archived copy as title (link)
  6. ↑ "Government Organization" (PDF). Archived from the original (PDF) on 2017-07-24. Retrieved 2017-12-06.
  7. ↑ Burns, N. The formation of American local governments: Private values in public institutions. Oxford University Press, 1994, p. 14.
  8. ↑ U.S. Advisory Commission on Intergovernmental Relations. (1993, March). State laws governing local government structure and administration. page 7.
  9. ↑ 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.
  10. ↑ 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.
  11. ↑ 15A Am Jur 2d Colleges and Universities § 2
  12. ↑ 16B Am Jur 2d Constitutional Law § 723
  13. ↑ 4B M.J. CORPORATIONS § 26
  14. 1 2 Newmyer, R. K. John Marshall and heroic age of the Supreme Court. Louisiana State University Press: Baton Rouge, 2001, pp. 244-253.
  15. ↑ Allen v. McKean, 1 F. Cas. 489 (1833)
  16. ↑ Louisville v. University of Louisville, 54 Ky. 642 (June 1855)
  17. ↑ Ohio v. Neff, 52 Ohio St. 375, 40 N.E. 720 (1895)
  18. ↑ 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.
  19. ↑ Opinion No. 84-134, 1984 Okla. AG LEXIS 17
  20. ↑ Opinion No. 1007, 1994 Minn. AG LEXIS 2
  21. ↑ Commissioner v. Shamberg's Estate, 144 F.2d 998 (1945)
  22. ↑ 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).
  23. ↑ Burns, N. The formation of American local governments: Private values in public institutions. Oxford University Press, 1994, p. 12.
  24. ↑ Scholle v. Maryland 90 Md. 729, 46 A. 736 (1900)
  25. ↑ Marks v. Frantz, 179 Ky. 638 (1956)
  26. ↑ Palm Beach County Health Care District v. Everglades Memorial Hospital 658 So. 2d 577 (Fla. 1995)
  27. ↑ Sharpless v. Mayor 21 Pa. 147 (1853)
  28. ↑ 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.
  29. ↑ Hess V. Port Authority Trans-Hudson Corporation, 513 U.S. 30, 115 S. Ct. 394, 130 L. Ed. 2d 245 (1994)
  30. ↑ Meriwether v. Garrett, 102 U.S. 472, 26 L. Ed. 197 (1880)
  31. ↑ Palm Beach County Health Care District v. Everglades Memorial Hospital, 658 So. 2d 577 (Fla. 1995)
  32. ↑ Hess v. Port Authority Trans-Hudson Corporation, 513 U.S. 30,115 S. Ct. 394, 130 L. Ed. 2d 245 (1994)
  33. ↑ Vogt v. Orleans Levee District, 294 F.3d 684 (5th Cir. 2002)
  34. ↑ Reynolds v. Sims, 377 U.S. 533, 84 S. Ct. 136, 12 L. Ed. 2d 506 (1964)
  35. 1 2 Advisory Commission on Intergovernmental Relations. (1964, May). The problem special districts in American government. Washington, DC UNT Digital Library
  36. ↑ Bollens, J. C. (1957). Special district government in the United States. University of California Press, pp. 142-144.
  37. ↑ under construction
  38. 1 2 Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 61.
  39. ↑ Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 300.
  40. ↑ Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 299.
  41. ↑ Webb, S.(1922). English local government: Statutory authorities for special purposes.
  42. 1 2 U.S. Census Bureau 2012 Census of Governments Governments Organization

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.