California Constitution Article XI - Local Government [Sections 1 - 15]
California Constitution – Article XI: Local Government
[Sections 1 – 15]
Overview:
Article XI of the California Constitution outlines the structure, powers, and responsibilities of local government entities such as counties, cities, and special districts. It defines how local governments are formed, governed, and how they interact with state law.
🔹 Section-by-Section Summary:
§ 1 – County Government Structure
Each county must have an elected board of supervisors.
Counties can adopt charters for self-governance (charter counties).
The Legislature must provide general laws for county organization when a charter is not adopted.
§ 2 – City Government Structure
Cities may be either charter or general law cities.
Charter cities have more autonomy in local affairs.
All cities must have elected or appointed officers as defined by charter or statute.
§ 3 – Consolidation of Cities and Counties
Provides procedures for consolidating a city and county into a single entity (e.g., San Francisco).
Subject to voter approval.
§ 4 – Charter Provisions
Local charters may provide for:
Election/appointment of officers
Government structure
Creation of local agencies
Charters must be approved by voters and filed with the Secretary of State.
§ 5 – Charter Cities – “Municipal Affairs”
Charter cities may govern municipal affairs independent of state law.
State law prevails on matters of statewide concern.
§ 6 – Charter Counties
Charter counties may adopt local ordinances and govern county officers and procedures.
Cannot conflict with state law on matters not deemed local.
§ 7 – Police Power of Local Governments
Local governments may make and enforce ordinances and regulations not in conflict with general law.
§ 8 – Appropriation Limitations
Local agencies may not spend public funds exceeding limits set by the Constitution without voter approval.
§ 9 – Franchises in Cities and Counties
Procedures for granting franchises (e.g., for utilities) must be established.
Franchises require public hearings and can be subject to voter review.
§ 10 – Salaries
The Legislature may prescribe salaries for elected local officials if not otherwise covered by charter.
§ 11 – Judicial Decisions and Local Ordinances
Local ordinances may be declared invalid if they conflict with state law.
Courts determine the preemption of state law over local ordinances.
§ 12 – Intergovernmental Cooperation
Local governments may contract with other governmental entities (e.g., state or federal) for services.
§ 13 – Expenditures for Public Purposes
Cities and counties may spend funds only for public purposes.
§ 14 – New Entities
Legislature may authorize the creation of special districts and other local entities.
Subject to local approval.
§ 15 – Judicial Review
Actions of local government officials or entities are subject to judicial review.
📌 Key Takeaways:
California supports local self-governance through charters.
Charter cities and counties have greater local control, especially over municipal affairs.
Local authority is limited when state interests are involved.
Cooperation and coordination between governments are encouraged.
RELATED Blog
0 comments