This is Floyd Wynne with THE VIEW FROM HERE.

 

What is “home rule” and how can  it apply to Klamath County?

             

Well, I first went to the State of Oregon statutes that authorized such a change.  It says, in part, “A county charter may provide for the exercise by the county of authority over matters of local concern.”

             

I found that since 1962 some nine counties have adopted home rule charters that allow voters the power to adopt and amend their own county government organization within certain limits set by the state.   Those nine counties are Washington and Lane counties in 1962, Hood River in 1964, Multnomah County 1967, Benton 1972, Jackson 1978, Josephine in 1980 Clatsop 1989 and Umatilla in 1993.

The question of home rule really began in Ireland late in the 1800s.

 

It remains an issue in Washington, D.C.   It began with Washington City in 1802.  The residents of the area today can vote for President  and Vice President of the United States thanks to legislation in 1963.

Well what power does being a home rule county possess?   I’ve studied the Home Rule legislation of Jackson County  in 1978.   I found little in it that isn’t present in our own County Charter.   Some years back the County government consisted of a County Judge and two Commissioners.   It was changed to three commissioners with equal authority and a chairmanship that rotated each year.

 

I’m not a member nor privy to the discussions of a group appointed by Commissioner Brown, but certainly they’re looking at some changes in the County Commissioner system.

 

While the state legislation says counties may govern in matters of local concern, it eliminated certain areas in other legislation.  Let’s take land use, for instance.  In 1986 the Thousand Friends of Oregon got a ruling that says provisions governing county comprehensive plan  adoption did not invade county’s home rule powers.   In other words the county can’t use home rule to oppose or change state rules on land use.

              Well, how about environmental rulings, state or national? They, too, appear to be denied.   Legislation also says: “Matters of county concern”, as in the home rule legislation, “does not include regulation or conduct of state or federal officials within county.That severely limits what a home rule county can do about county issues that concern them.

             

In Klamath County the County government should have some say over  the use of its resources such as the waters of Upper Klamath Lake, the large areas of the county that are the Winema National Forest, as well as other restrictions imposed by state or federal governments without regard to any consideration by our local county government.

 

The more I studied the Home Rule legislation the less I found that it would resolve any of our problems. 

Even the issue of five county commissioners and a county administrator come under some restrictions.   While one could divide the county into, let’s say five areas for the election of commissioners, the law indicates that each of those areas must be of comparative population.  That would certainly have a sharp bearing and probably result only in carving up the Klamath Falls community into five parts to fit the requirements.

 

At any rate it will be interesting to see what changes a proposed Home Rule committee can come up with…...time will tell.

 

This is Floyd Wynne and that’s THE VIEW FROM HERE.

 

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Text Box:   This is Floyd Wynne with THE VIEW FROM HERE. What is “home rule” and how can  it apply to Klamath County?               Well, I first went to the State of Oregon statutes that authorized such a change.  It says, in part, “A county charter may provide for the exercise by the county of authority over matters of local concern.”               I found that since 1962 some nine counties have adopted home rule charters that allow voters the power to adopt and amend their own county government organization within certain limits set by the state.   Those nine counties are Washington and Lane counties in 1962, Hood River in 1964, Multnomah County 1967, Benton 1972, Jackson 1978, Josephine in 1980 Clatsop 1989 and Umatilla in 1993. The question of home rule really began in Ireland late in the 1800s. It remains an issue in Washington, D.C.   It began with Washington City in 1802.  The residents of the area today can vote for President  and Vice President of the United States thanks to legislation in 1963. Well what power does being a home rule county possess?   I’ve studied the Home Rule legislation of Jackson County  in 1978.   I found little in it that isn’t present in our own County Charter.   Some years back the County government consisted of a County Judge and two Commissioners.   It was changed to three commissioners with equal authority and a chairmanship that rotated each year. I’m not a member nor privy to the discussions of a group appointed by Commissioner Brown, but certainly they’re looking at some changes in the County Commissioner system. While the state legislation says counties may govern in matters of local concern, it eliminated certain areas in other legislation.  Let’s take land use, for instance.  In 1986 the Thousand Friends of Oregon got a ruling that says provisions governing county comprehensive plan  adoption did not invade county’s home rule powers.   In other words the county can’t use home rule to oppose or change state rules on land use.               Well, how about environmental rulings, state or national? They, too, appear to be denied.   Legislation also says: “Matters of county concern”, as in the home rule legislation, “does not include regulation or conduct of state or federal officials within county.That severely limits what a home rule county can do about county issues that concern them.               In Klamath County the County government should have some say over  the use of its resources such as the waters of Upper Klamath Lake, the large areas of the county that are the Winema National Forest, as well as other restrictions imposed by state or federal governments without regard to any consideration by our local county government. The more I studied the Home Rule legislation the less I found that it would resolve any of our problems.  Even the issue of five county commissioners and a county administrator come under some restrictions.   While one could divide the county into, let’s say five areas for the election of commissioners, the law indicates that each of those areas must be of comparative population.  That would certainly have a sharp bearing and probably result only in carving up the Klamath Falls community into five parts to fit the requirements. At any rate it will be interesting to see what changes a proposed Home Rule committee can come up with…...time will tell.   This is Floyd Wynne and that’s THE VIEW FROM HERE.      

Text Box: 12/11/07