Long live home rule

Why state-granted authority to make local decisions is as important as ever.

In 1889, Washington became one of the first home-rule states in the country. The United States Constitution doesn’t mention local governments, which means each state defines home rule for itself. The Washington State Constitution provides strong home rule powers: “Any county, city, town, or township may make and enforce within its limits all such local police, sanitary, and other regulations as are not in conflict with general laws.” Washington cities also derive home-rule authority from state statute due to the first and 40th legislatures’ efforts to clarify this power for the courts. Home-rule authority means that local governments in Washington do not need state permission to make laws at the local level. Today, the authority to make decisions close to home is as important as ever.

Home rule: A brief history

In the summer of 1889, 75 delegates assembled in Olympia to frame the Constitution of the State of Washington. All but one of the delegates to the constitutional convention were born in other states with predominantly agriculture-based economies. Those states had experienced the political influence of the railroad and banking industries—much to the detriment of farmers.

Because of this, the delegates sought to draft a constitution that enshrined self-sufficiency and limited special interest influence. Although nearly half of the delegates were lawyers or businesspeople, they drafted a constitution that represented their farming constituents and delegated power to the people.

Importantly, while the state granted home-rule authority as a stand-alone provision, the first state Legislature included two other provisions that shifted authority to cities:

The first gave authority to incorporate to local voters, not to the Legislature.

The second granted larger cities the authority to create their own structure of governance through a city charter.

In a final safeguard against concentration of powers, that first state Legislature went on to enact detailed legislation providing for four classes of cities, based on population. All cities then had statutory authority to pass laws that provided for the general welfare of their residents as long as they did not violate the constitution or conflict with state law.

To address state court decisions that negated legislative intent to provide broad powers to cities, in 1967 the Legislature enacted the Optional Municipal Code, which was adopted by most cities. In recent years, local courts more consistently recognize home rule in Washington state.

Home rule today

It’s vital that cities understand and continue to advocate for home rule. To help preserve local decision-making authority, cities must effectively communicate its importance and history.

Those who believe they have local authority should exercise it in consultation with their city’s legal counsel and not look to the Legislature for affirmative authority for local decisions. By exercising home-rule powers and using consistent messaging and advocacy, cities can help preserve their autonomy to govern their communities in the best interest of their residents.

For more information about Washington cities’ existing authority to make decisions and laws close to home, including references for this article, pick up a copy of AWC’s home-rule report, “You Have It, Use It: Home Rule in Washington,” at wacities.org/news/home-rule.