County Commission | The Magazine June 2017 | Page 10

FROM THE COVER

Making more decisions at the local level

Back in 2005 , the Alabama

Legislature passed a single bill that put a set of additional powers within reach of local citizens all across the state .
It was as though the Alabama Limited Self-Governance Act handed out Swiss army knives with seven different features , each one designed to remedy a specific nuisance .
The “ limited ” part meant that it could only be used for those seven specific things . In case there was any confusion , the law ’ s list of what it couldn ’ t do is actually longer than the list of what it could .
The “ self-governance ” part meant that the choice to do any of this – to pick up the knife and then whether to open a particular blade – could be made inside the county . Decision-making authority rested with citizens in unincorporated areas and the county commission instead of with the Alabama Legislature .
Counties had been working more than 15 years to increase the options for making local decisions at the local level . “ Right now , the operation of county government is hamstrung because your county commission depends on the Legislature to adopt bills to address local problems ,” wrote then ACCA President Hardy McCollum way back in 1989 .
Over the years , the unified voice of county government had made the case that local decisions were inherently better because people were better informed on the issues and because accountability was stronger .
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In addition , problem-solving authorities available through Limited Self-Governance , often grouped under the heading “ health and safety powers ,” were already available to municipal governments .
“ Inside the state ’ s largest cities , these government powers are taken for granted ,” wrote Sonny Brasfield , who at the time was ACCA ’ s
assistant executive director . “ But in rural Alabama , such discussions have been off limits since about the time assembly lines began to produce a curious invention called the automobile .”
McCollum still serves as probate judge and chairman in Tuscaloosa County , but most commissioners in office today have joined county government since 2005 .
A dozen years in , Limited Self-Governance is activated in 21 counties , and junkyard abatement has been the most-used ordinance , followed by animal regulation and litter / rubbish .
“ When the Limited Self- Governance Act came along , it was an opportunity to address old issues that we had not previously had a lot of success with ,” said Administrator Tony Sanks of Escambia County , which adopted ordinances regarding junkyards and litter / rubbish .
Some referendums have not succeeded . At least once , rural residents rejected it at the ballot box only to seek the county commission ’ s help with an unsanitary sewage problem a short time later . The process for voters to repeal Limited Self-Governance has worked when citizens were dissatisfied , once again a decision made at the local level .
Other local decisions have had a profound impact on health and safety in rural areas , often protecting property values of landowners who view their neighbor ’ s collection of broken down boats as not just an eyesore but also a breeding ground for mosquitoes .
No doubt there ’ s economic benefit for the larger community as well . Take Cherokee County , where fishing guides can still tout Weiss Lake as the “ Crappie Capital of the World ” and “ The Striper Capital of the South .” At one time , there were toilets around the lake ’ s rim that flushed directly into the pristine waters , but the Cherokee County Commission was able to intervene because of the Limited Self-Governance Act . n
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