Gencarella: Are Local Governments Kidding Themselves?

Thursday, January 22, 2015

Pam Gencarella, GoLocalProv MINDSETTER™

Article XIII of RI’s Constitution may be in need of a review. “It is the intention of this article to grant and confirm to the people of every city and town in this state the right of self government in all local matters.” Yet there are so many laws, rules and regulations on the books that interfere with local governing, has it reached a point where the people really don’t have the right to self governance locally?  And, more importantly, have we just accepted it?

Just recently, the RI Supreme Court handed down a decision that ruled in favor of the local taxpayer and the right of towns to manage their own affairs. But the problem is, how much money and time did the town have to spend in order to make a local decision regarding management of a local function?  The firefighters union brought suit against the Town of North Kingstown because elected officials wanted to change the firefighters’ work schedule in order to save the taxpayer money.  North Kingstown has reported that it saved $3.7 million since the town implemented the new schedule in 2012.  That is not insignificant to the taxpayer.  But the back and forth between the union and the town has been going on since just prior to the contract expiration of June 30, 2010, and led to a prolonged legal fight.  It was the subject of interest arbitration panels, numerous negotiation sessions, mediation, a complaint issued by the State Labor Relations Board, a Superior Court law suit and, ultimately, a Supreme Court case.  Don’t you think there is something wrong when a government that is established by and for the people has to fight like this to provide services at a reasonable cost, acceptable to the people they are representing? How many cost saving decisions have been left on the table because it is simply too time consuming and costly to pursue?  

And then there is the recent adoption of RhodeMap RI, a plan that seeks to take control of zoning and land use via the strings attached to HUD money, (the federal Housing for Urban Development program) as noted recently in a politifact column. Not only does HUD want to deconstruct single family zoning, it simply does not care about trampling on local sovereignty, ‘the right of self government in all local matters.' Some have tried to claim that it is only a guide plan, and does not have the force of law.  But the RI state statutes mandate that local comprehensive plans ‘embody the goals and policies of the State Guide Plan‘ and that municipalities are then mandated to pass local zoning ordinances to conform to the local comprehensive plans.  So it would appear to the average reader that RhodeMap RI, and its incumbent overreach, does have the force of law, local law, mandated by state law. How’s that for a circular reference?

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But in addition to RhodeMap RI, if you consider the mandates set upon local municipalities by all of the other components of the State Plan Guide, including Land Use 2025, the RI Five Year Strategic Housing Plan, the State Housing Plan, and the Low and Moderate Income Housing law (45-53) that targets a goal of 10% affordable housing in every town, do municipalities really have the control they think they do when it comes to things like zoning?  

Newly elected Senator Mark Gee (formerly East Greenwich Town Councilman) recounted how his Town of East Greenwich had no control when it came to building some affordable housing on Route 2.  “The Affordable Housing people were not too polite in saying, don’t bother us, we have HUD’s blessing and this is the way it’s going to be.” His concern is that current law means that the town has no say in zoning decisions, never mind what will happen after RhodeMap RI is fully implemented.  

If you look at Barrington’s history with zoning and affordable housing, it is dotted with lawsuits to determine if the town has ‘the right of self government in all local matters."  According to the Providence Journal, Barrington is fighting, via an appeal to the State Housing Appeals Board decision, against the Nockum Hill project, while a group of local citizens themselves are fighting against the Palmer Pointe development.  But it takes time and it takes money, all just to maintain local sovereignty.  Is this the way cities and towns are expected to run their municipalities - head to court to determine if you will keep the right to make local decisions?

It is time to review the laws, the rules and regulations and the State Guide Plan that have all but squashed the ability of municipalities to govern themselves. Certainly, there are towns that have been questioning specific housing mandates for a while but when will cities and towns demand to retain their sovereignty, as delineated in the RI Constitution?

The RhodeMap RI grant submission states that it is “currently developing a statewide analysis of ‘Impediments to Fair Housing Choice’, closely following HUD’s Fair Housing Plan Guide and the language on Fair Housing found in the NOFA (notice of funding availability) for this grant.”  And, although the analysis was scheduled to be delivered by the end of the year, the Division of Planning said it would be more like April of this year.  What do you think the ‘Impediments to Fair Housing’ will be and how much more self governance will local municipalities be expected to cede to the state or federal government once they have been incorporated into the Strategic Housing element of the State Guide Plan?

So, it is time to reflect upon Article XIII of the RI Constitution and ask ourselves if we really have “self governance” in our cities and towns or, are we just kidding ourselves?    

Pam Gencarella is a member of OSTPA, a taxpayer advocacy organization in Rhode Island.

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