Another judicial slap for the legislature

Published July 27, 2015

Editorial by Fayetteville Observer, July 27, 2015.

At some point, we'd hope the message would be heard in the General Assembly: Stop stomping on local government.

It's been a trend, starting in the last two-year session that saw lawmakers do away with most forms of annexation, kill cities' ability to impose privilege license fees on businesses, and attempt to take away Charlotte's airport and Asheville's water system.

Those last two heists were foiled as the courts ruled legislators exceeded their authority by seizing cities' property without compensation.

As a new session began this year, the General Assembly's ruling majority went on another adventure to impose its will on the cities and counties. The most egregious of its invasions of what should be local decision-making was an arbitrary redistricting of the Greensboro City Council, taking away its at-large representation and carving its five districts into eight. And it threw in an onerous requirement: "The City of Greensboro shall not alter or amend the form of government for the City."

Greensboro sued in Federal District Court. And on Thursday, U.S. District Judge Catherine Eagles granted an injunction to block the government reconfiguring that most likely was done to give Republicans a political advantage in the state's third-largest city.

The injunction is temporary, until the case goes to trial, likely next year. Judge Eagles was emphatic in her 21-page order. "It appears on the current record that the new statute deprives Greensboro voters, alone among municipal voters in the state," she wrote, "of the right to change the city's municipal government by referendum and otherwise treats the city of Greensboro and its voters differently from all other municipalities and municipal voters, without a rational basis."

There is, of course, a rational basis for all of this: Power. Republican legislators were routinely beaten up by their Democratic brethren for more than a century. And now that they're running the General Assembly, they're trying to make sure it doesn't happen again.

We wish, though, that they'd recall one of the basic premises of the GOP: The best government is the one closest to the people. The residents of cities and towns should be able to call their own shots on how they will govern themselves, whether that's deciding on a city council plan, a tax rate or whether to keep or remove a Confederate memorial.

Raleigh doesn't always know what's best.

http://www.fayobserver.com/opinion/editorials/our-view-another-legislative-adventure-another-judicial-slap/article_43ceb013-972d-56c4-9b94-78dbe26344dd.html

July 27, 2015 at 10:53 am
bruce stanley says:

I'm not so sure about that. Quite a few city governments have run their cities fiscally straight into the ground (i.e Detroit). And do the citizens of NC want sanctuary cities like San Francisco?

July 27, 2015 at 12:01 pm
Rip Arrowood says:

Back to the article...

"...one of the basic premises of the GOP: The best government is the one closest to the people."

Let the people decide.

July 28, 2015 at 2:54 pm
Richard L Bunce says:

Greensboro Municipal Charter.

"Sec. 1.02. - Exercise of power.

All powers, functions, rights, privileges and immunities of the city, its officers, agencies, or employees, shall be carried into execution as provided by this charter or, if this charter makes no provision, as provided by ordinance or resolution of the City Council, and as provided by the general laws of North Carolina pertaining to municipalities, and their officers, agencies, and employees."

"Sec. 2.41. - Time of regular municipal elections and mode of election.

Municipal nonpartisan primaries and elections for mayor and city council shall be held biennially and at such times as prescribed by North Carolina General Statute G.S. 163-279.

(1)

The city council shall consist of eight (8) members who shall serve for a term of two (2) years.

(2)

Mode of election: The city shall be divided into five (5) single-member electoral districts with one member of the city council elected from each district. These five (5) members of the city council shall be apportioned to the five (5) districts so that each member represents, as nearly as possible, the same number of persons. The qualified voters of each district shall nominate and elect a candidate who resides in the district for the seat apportioned to that district. There shall be three (3) members of the city council apportioned to the city at large. All the qualified voters of the city shall nominate and elect candidates for the three (3) seats apportioned to the city at large.

(3)

There shall be a mayor who shall be elected separately and at large by all the qualified voters of the city for a term of two (2) years. He shall have a vote on all council matters."

https://www.municode.com/library/nc/greensboro/codes/code_of_ordinances?nodeId=CH

The Council can redraw the maps for the 5 Council districts but only the State Legislature can change the number of Council seats and the mix of at large and district seats.

July 27, 2015 at 10:54 am
Richard L Bunce says:

The State Legislature creates the State Chartered Municipal Corporations, including Greensboro. They can adjust their charter or revoke it at any time. If Greensboro officials are not willing to live within these conditions that apply to all State Chartered Municipal Corporations then their charter should be revoked and they can resume life as an unincorporated area of Guilford County.

July 27, 2015 at 11:58 am
Rip Arrowood says:

Even the most extremist ALEC right wing wackjobs in The NCGA majority wouldn't touch revoking the municipal charter of one of the largest cities in NC with a 10 foot pole.

July 28, 2015 at 2:43 pm
Richard L Bunce says:

See the NC Constitution and NC Legislature General Statutes. Let me help you understand my comment, I was not suggesting the NC Legislature revoke Greensboro's charter. I was suggesting if the folks in Greensboro cannot live by the NC Constitution and NC Legislature General Statutes then they should request their charter be revoked. That would mean you made a totally superfluous ALEC reference... and likely forget a totally superfluous Koch Brothers reference.