Fragmentation in Local & State Policymaking

Christopher B. Goodman

School of Public & Global Affairs
Northern Illinois University

April 11, 2024

Who do local governments serve?

Two opposing views

Creatures of the state

  • Legally defined
  • Corporate rights
  • Top down

Creatures of the public

  • Culturally defined
  • Associational rights
  • Bottom up

Which side you come down on has implications for both how you view local government and how you view state intervention in local affairs.

Before we proceed…

A few definitions

Fragmentation

The number of distinct units of local government within a given area.

Concentration

The distribution of service delivery and/or revenue generation responsibilities.

Decentralization

The degree to which the state has delegated authority to local governments. One end of a spectrum with centralization.

Additionally

Fragmentation or concentration may be horizontal or vertical

  • Horizontal: the number of units within the same tier of local government (e.g., the number of municipalities in a particular area)
  • Vertical: the number of tiers of local government

It is possible to have a high degree of fragmentation and a high degree of concentration at the same time

  • Or any other combination

Implications

  • Much research has been conducted on the horizontal elements

    • Institutional reform vs. Public choice
  • Much less work on the vertical arrangements

    • Separation of production from provision

Centralization v. Decentralization

  • A trend toward state centralization over time

    • Some empirical work documenting this but it varies considerably by state
    • Local practitioners report a trend toward centralization
  • How does this manifest?

If not in the relative size, what then?

  • Regulatory space

    • States are not necessarily supplanting local service provision
    • Rather, they are regulating what can and cannot be done at the local level

Preemption

The use of coercive methods to substitute state priorities for local policymaking (Goodman, Hatch, and McDonald III 2021)

Preemption examples

  • Minimum wage
  • Fair scheduling
  • Project labor agreements
  • Prevailing wage
  • Paid sick leave

Note: none of these are about the balance of service delivery or revenue generation between state and local governments.

Why is this happening?

  • Plenty of empirical evidence

    • Some policy domain specific explanations
    • Politics
  • On a normative level, we are seeing conflict over who local governments serve

    • For many decades, the creatures of the people view prevailed
    • Now, some states are reasserting their view that local governments are creatures of the state

Implications of preemption for local governments

  • Loss of autonomy

    • Local governments exist to implement state delegated authority
    • States have the right to re-evaluate that authority at any time
    • Importantly, this is service delivery/revenue authority and regulatory authority
  • Difficulty responding to resident demands

  • Complexity in delivering services when policy implementation is full of compliance checks

Implications of preemption for local government research

  • How do we think about the previous literature on local government fragmentation and concentration when (some) states preempt away meaningful differences between local governments?

    • What value is there in a fragmented metropolis if all local governments are doing the same thing?
    • How would we identify any differentiation?

Questions?

References

Goodman, Christopher B., and Megan E. Hatch. 2024. “Why States Preempt City Ordinances: The Case of Workers Rights Laws.” Publius: The Journal of Federalism 54 (1).
Goodman, Christopher B., Megan E. Hatch, and Bruce D. McDonald III. 2021. “State Preemption of Local Laws: Origins and Modern Trends.” Perspectives on Public Management and Governance 4 (2): 146–58.
Miller, David Y., and Raymond Cox. 2014. Governing the Metropolitan Region: America’s New Frontier. New York, NY: Routledge.