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History of Counties County Government 101 Government Closest to the People

History of Counties County Government 101 Government Closest to the People Eric Johnson, Executive Director Washington State Association of Counties. English Roots. Land under jurisdiction of a Count Ancient Subdivisions of England

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History of Counties County Government 101 Government Closest to the People

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  1. History of Counties County Government 101 Government Closest to the People Eric Johnson, Executive Director Washington State Association of Counties

  2. English Roots • Land under jurisdiction of a Count • Ancient Subdivisions of England • “The origin of the English counties or Shires is hidden in the midst of the Middle Ages.” • References to Shires into the 8th and 9th Centuries • 895 Norohymbraland County “the place of those north of the Huimber” • 868 Count Vímara Peres declares the County of Portucale (Portugal) as a fiefdom of the Kingdom of Asturias

  3. English Roots • Establishment of counties in the 12th century in England with boundaries dating from far earlier, incorporating Saxon and Celtic divisions • Kings divided the country into districts called shires • At the head of the shire was an Earl (British equivalent to a count) appointed by the King - • Usually he was a large landholder • Commanded the King’s military forces in the shire • Maintained royal power in places distant from the throne • “Agent” for the King

  4. English Roots • King delegated some authorities to the Earl and other Shire officials  • Generally both legislative and judicial authority rested with a shire court composed of local landholders • Principal shire officers were the bishop, ealdorman (alderman), shirereeve (sheriff) • A shirereeve served as: • president of the shire court • tax collector • steward of the royal estates in the Shire 

  5. English Roots • King Edward III (1327-1377) began a process of dividing local authority among officers • Created a new officer, the justice of the peace; each county had at least one, and some had as many as 60 • Justices of the peace assumed many of the executive powers of the shire-reeve  • Coroner and constable further divided local executive authority • Centuries later, both in England and in the “New World”, this plural executive structure is present

  6. Counties in Early America • Settlers in America brought the familiar English forms of government • County governmental unit to serve a large area was quickly adopted as the principal form of governance throughout the south with a plural executive roster of county officials • The first county government in America was formed in 1634 at James City, Virginia • Many more counties added throughout Virginia’s colonial history

  7. Counties in Early America • Massachusetts’ first counties were established in 1643. • Other New England states mirrored Virginia approach - • Plural executive roster of county officials • Many functions performed by counties in the southern region were assumed by city and town governments in the north • Villages, towns and later cities emerged as more important units of government than counties

  8. Counties in 19th Century America • State constitutions provided for election of a wide range of officers in each county • County commissioners, clerks, coroners, sheriffs, justices of the peace and other officers were made elective offices from Illinois to Mississippi during the first decades of the 1800s • Since the names of candidates and the offices they sought often appeared in a single row across a printed ballot, these positions became known as “row officers”

  9. Counties in 19th Century America • Made permanent the diffused authority and accountability that continued to characterize (and, some say, hamper) county governments throughout the 20th century • Counties also continued to function as: • Local Government • Regional Government • Agent for their State

  10. Washington Territorial Legislature Limits Powers of Counties As early as 1863, Washington Territorial Legislature sought control of Counties... "shall have no other powers , except such as are, or may be given to them by law."

  11. Dillon’s Rule • In 1868 Justice John F. Dillon of the Iowa Supreme Court ruled - • County governments only have those powers expressly granted to them by the state legislature • “Dillon’s Rule” means counties - • Must have specific enabling state legislation to authorize whatever functions they might fulfill at the local level • To respond to the changing needs of their citizens, the legislature must provide for additional authority, which might or might not be granted

  12. Dillon’s Rule Applied by the Washington State Supreme Court The Washington State Supreme Court ruled – “Counties are the creatures of the legislature, created by it to perform certain functions and having no independent separate existence. Their only powers are those directly provided in specific statutes or those necessarily implied by the powers which have been expressly vested in them by statute.”

  13. County Government History – Washington State • Provisional Government of Oregon Country (1839) • Four Districts • Western Washington – within the Twality District • Eastern Washington – within the Clackamas District • Created Vancouver District August 18, 1945 • Created Lewis County December 21, 1945 • Counties were granted the powers enacted by the Legislative Assembly of Iowa Territory • Term County and District Used Interchangeably until 1846

  14. County overnment History – Washington State County Government History – Washington State • The first counties were created by the "Provisional Government“ • Counties were the first form of government in the new territory (Vancouver and Lewis) • Judges (Commissioners), Justices of the Peace, Field Officers, Sheriffs, Treasurer, Coroner, Magistrates and Constables • First Territorial Legislature in 1854 added seven new counties and redrew the boundaries of the old counties for a total of fifteen in western Washington – One in Eastern Washington, Walla Walla

  15. County Government History – Washington State • Throughout Territorial Days, Elected Officials Included • Three County Commissioners • County Auditor • County Treasurer • County Assessor • County Sheriff • County Coroner • County Superintendent of common schools • Wreckmaster for counties bordering saltwater • Could have a county surveyor • Wasn’t until 1889 that Prosecuting Attorney became a county elected officer

  16. Washington State Constitution Article XI, § 4 COUNTY GOVERNMENT AND TOWNSHIP ORGANIZATION. The legislature shall establish a system of county government, which shall be uniform throughout the state except as hereinafter provided...

  17. Washington State Constitution Article XI, § SECTION 5 COUNTY GOVERNMENT. The legislature, by general and uniform laws, shall provide for the election in the several counties of boards of county commissioners, sheriffs, county clerks, treasurers, prosecuting attorneys and other county, township or precinct and district officers, as public convenience may require, and shall prescribe their duties, and fix their terms of office…

  18. Washington State Constitution Article XI, § 4 of the state constitution was amended in 1948 to provide the option for counties to adopt "home rule" charters to provide their own form of government

  19. Washington State Constitution State constitution was amended (Article 11 §16) in 1948 and again in 1972 to allow counties to adopt "home rule" charters to provide for the formation and government of a combined city and county municipal corporation known as a "city-county.“

  20. County Government History – Washington State • At statehood there were thirty-four counties with new ones created in eastern Washington - • Grant • Chehalis County became Grays Harbor County • Benton • Ferry • Chelan • Pend Oreille (1911)

  21. County Government History – Washington State • Created as administrative arm of the state • Elections • Courts • Property Assessment • Collect taxes • Provide services for unincorporated area • Roads • Law enforcement • Regional service provider • Public Health and Welfare

  22. County Government History – Washington State County Government History – Washington State • Political Subdivision • Counties receive their basic powers from the state • Municipal Corporation • Can own property • Enter into legal contracts • Certain powers in courts • Finance its activities through taxes

  23. County Demographics Some people live in a city… but EVERYONElives in a county!

  24. WSAC Contact Information • Eric Johnson, Executive Director • Washington State Association of Counties • 206 Tenth Avenue SE • Olympia, WA 98501 • (360) 753-1886 • ejohnson@wacounties.org •  www.wacounties.org/wsac

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