Access

You are not currently logged in.

Access your personal account or get JSTOR access through your library or other institution:

login

Log in to your personal account or through your institution.

The Development of Local Discretionary Authority in New York

Joseph F. Zimmerman
Publius
Vol. 13, No. 1 (Winter, 1983), pp. 89-103
Published by: Oxford University Press
Stable URL: http://www.jstor.org/stable/3330073
Page Count: 15
  • Download ($42.00)
  • Cite this Item
The Development of Local Discretionary Authority in New York
Preview not available

Abstract

Central control of cities was established policy during the colonial period. The policy was continued after independence. By 1839, all cities were allowed to elect their mayors, and a movement commenced to limit the powers of the legislature over local governments. An 1874 constitutional amendment forbade the legislature to enact a special or local bill in seven areas, and the 1894 constitution allowed a city to veto a special city act, subject to repassage by the legislature. Although constitutional amendments in 1923, 1935, 1938, and 1963 broadened local powers, the Court of Appeals in the 1920s and 1930s tended to restrict the powers of local governments. The most important changes in the powers of local governments have occurred since 1980 as the result of advisory opinions, issued by the attorney general and state comptroller, broadening the powers of local governments. Nevertheless, the legislature retains the authority to enact general laws imposing mandates and restraints upon local governments. Such mandates and restraints are responsible for New York being ranked thirty-fifth in terms of discretionary authority granted to local governments.

Page Thumbnails

  • Thumbnail: Page 
89
    89
  • Thumbnail: Page 
90
    90
  • Thumbnail: Page 
91
    91
  • Thumbnail: Page 
92
    92
  • Thumbnail: Page 
93
    93
  • Thumbnail: Page 
94
    94
  • Thumbnail: Page 
95
    95
  • Thumbnail: Page 
96
    96
  • Thumbnail: Page 
97
    97
  • Thumbnail: Page 
98
    98
  • Thumbnail: Page 
99
    99
  • Thumbnail: Page 
100
    100
  • Thumbnail: Page 
101
    101
  • Thumbnail: Page 
102
    102
  • Thumbnail: Page 
103
    103