Introduction to the Study of Criteria for Determining Advocacy on Incorporation
At the May 2009 LWVMP general meeting, the membership supported a study of criteria that should be used by the LWVMP to evaluate community incorporation proposals. The committee consisted of our DIrector of Program (chair), six members and our President. Members of the committee represented both incorporated and unincorporated areas.
Three meetings were held between June and August 2009. The Committee reviewed Local Agency Formation Commission (LAFCO) legislation related to incorporation, including the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 and the Cortese-Knox Act (1985). This legislation provides strict guidelines and requirements for the incorporation of a community. [See # 1 below.] Discussions of proposed criteria also addressed general issues related to why communities might want to incorporate.
While there are requirements that a county and community must meet before incorporation can be voted upon, there is some leeway in the requirements. For example, since 1998, eight communities have been incorporated. [See 2 below.] Each community defined its financial relationship with the county in a variety of ways. Some have been successful with the financial agreement between the county and the newly incorporated community and some are now seeking new sources of financing or are renegotiating the agreement. One of the primary criteria that have been suggested is to evaluate the financial arrangements of a new community.
Several LWV of the United States (LWVUS) and LWV of California (LWVC) positions on governance also help in determining the criteria to consider. The LWVUS’ fundamental position of representative government,
"Promote an open governmental system that is representative, accountable and responsive"
and the LWVC position on intergovernmental relationships,
"Support an efficient, effective and equitable balance of responsibility and authority among the levels of government with accountability to the public",
can be used to guide what the criteria should be.
In particular, the LWVC position further states that there should be:
"A rational organization of powers and functions of the several levels of government: based on economic efficiency, administrative effectiveness, political accountability, and fiscal equity."
and
"Active participation by the public in state and local government, which entails the right and responsibility to be informed, to be heard, and to be involved not only in, but beyond elections; and which requires that officials make decisions openly and that they provide broadly publicized, convenient opportunities for participation in the process.
The following LWVC Land Use Position is also applicable:
"Support state land use planning that recognizes land as a resource as well as a commodity. The state should establish guidelines and standards for land areas of more than local concern. Decisions for these areas should be made at the lowest level of government feasible, but should be subject to state review. Citizens must have a meaningful participation in land use planning and regulation."
- opr.ca.gov/index.php?a=planning/lafco.html
- www.calafco.org/resources.htm#incorp;
www.calafco.org/docs/inc-tudies/Summary_of_ Recent_Incopr_Terms&Conditions.pdf
[See the Consensus Questions.]
