Board of supervisors

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A board of supervisors is a type of governing body for counties throughout the United States. These boards, also called county commissions or county councils, are typically responsible for a budget that covers county-level expenses including elections, transportation, and education. Selection of county boards of supervisors varies from state to state, with some board members elected to at-large seats and other members elected to specific geographic districts. There are also county boards consisting of mayors and other municipal officials who serve concurrently at the county level.[1]

Powers

The following quoted texts describe the powers given to county boards by state constitutions or state law in a selection of states.

California

The California Constitution authorizes a county to make and enforce local ordinances that do not conflict with general laws. A county also has the power to sue and be sued, purchase and hold land, manage or dispose of its properties, and levy and collect taxes authorized by law. Many additional powers have been granted to counties by the Legislature. The powers of a county can only be exercised by the Board of Supervisors or through officers acting under the authority of the Board or authority conferred by law. In addition, the Board must follow the procedural requirements in the statutes or its actions will not be valid. For example, if the Legislature has provided a method by which a county may abandon a road, that method must be followed. Also, where state law requires land use zoning by an ordinance, this statutorily prescribed method is binding on the county. On the other hand, where the law does not specifically prescribe a method for accomplishing a task, the county may adopt any reasonably suitable means. [2]

—California State Association of Counties (2015), [3]

South Carolina

The general powers of county governments are designated in state law. Counties have the power to tax and spend for a wide variety of purposes. The General Assembly has not extended to counties (or municipalities) fiscal home rule. That is, counties cannot impose taxes that are not specifically authorized by the General Assembly. There are other statutory limitations on county government’s ability to generate revenue to support its operations. Act No. 388 of 2006 placed further limitations on the fiscal autonomy of county government. Commonly called the Property Tax Reform Act or Property Tax Restructuring Act, this act redefined the millage limitation for operating purposes and deleted the mechanism for overriding the millage limitation. Thus, counties remain creatures of the state.

The state constitution and the Home Rule Act do, however, give counties an expanded service delivery role. Article VIII of the S.C. Constitution was revised in 1973 and provided counties service delivery authority similar to that possessed by municipal governments. Traditional county functions are retained, such as law enforcement, road and bridge construction and maintenance, but new services are now permissible. Now counties can engage in water, sewer, solid waste collection and disposal, transportation, planning, economic development, recreation, hospitals and medical care, and public health services, among others. The state constitution requires, however, that before a county acquires or constructs “water, sewer, transportation or other utility systems and plants other than gas and electric” utilities, a referendum must be held. [2]

—South Carolina Association of Counties (2014), [4]

Wisconsin

Counties are viewed as agents of the state because they are required to carry out or enforce certain state laws. For example, county sheriffs apprehend violators of state laws, county clerks manage state elections, and registers of deeds keep certain state records (birth and death certificates, marriage licenses and property deeds).

Counties do not have constitutional home rule as cities and villages do. This means that while cities and villages can basically undertake anything that is not expressly prohibited by state statute or the constitution, counties can only undertake a function that is expressly allowed for or mandated by state statute or the constitution. Counties' main function continues to be acting as the administrative arm of the government. [2]

—Wisconsin Counties Association (2014), [5]

See also

External links

Footnotes