December, 2008
The Village recently received certification of Home Rule status. As a Home Rule
community we now have the privilege to self-govern as we work towards the many
goals and objectives established by the early volunteer groups and leaders of
the community.
1% sales tax increase in Homer Glen was
approved January 27, 2009.
As Homer Glen approaches a population of 25,000 many residents are wondering
what affect home rule will have on our community. For those who are concerned,
I understand your apprehension. I used to oppose home rule. Two things
happened to change my opinion.
The first was a court ruling in 2002 that found non-home rule municipalities
cannot make developers pay impact fees other than the very limited state
authorized fees. One of the fundamental philosophies that Homer Glen leaders
supported throughout the incorporation and establishment of the Village was the
belief that new development should not be a burden to existing residents. The
use of impact fees is a strategy that requires new development to pay its fair
share. Non-home rule communities cannot mandate the assessment of fire district
fees, municipal services fees, park construction fees, and other development
fees that shift the burden from existing residents and place it on the new
development that is creating a demand for additional public services. The court
ruling severely restricts Homer Glen’s ability to impose impact fees. This has
forced me to learn more about home rule.
The second event that led to my supporting home rule has been an education.
Like most people, I made my initial judgment based only on the fears I had
heard. I did not take the time to understand what home rule status really means
in Illinois. When I finally did my own research, I was surprised to learn
exactly what being home rule means and how it has been used by the communities
that have attained home rule status.
In Illinois, a non-home rule municipality can only exercise the powers
specifically granted to it by state law. Home rule communities have much
broader abilities and can basically take any action except those limited by
state law. Simply put, home rule gives a municipality the ability to govern
itself. Non-home rule municipalities are subject to the control of the State.
The most commonly expressed fear of home rule is that the village board will
raise taxes without voter approval. To this address this concern, I can only
offer these comments:
- The Village Board can do that now, without home rule status and without
voter approval. The state authorizes a number of taxes, including several
property taxes, that can be approved by the village board without a referendum.
Home rule does increase the number of taxes that can be levied without
referenda, but it also provides a greater variety of funding options that do not
rely solely on existing residents to carry the burden.
- University research studies found no evidence that home rule taxing powers
are being misused. Rather, the research has shown that home rule status is used
predominately to shift the local tax burden from residents to non-residents.
- A series of checks and balances are in place to regulate home rule
governments. These include:
- The Illinois Constitution establishes initial protections on the use of home
rule.
- The Constitution places limits on debts, taxation, and punishment.
- The General Assembly can take away home rule authority with a 2/3 majority
vote in both houses.
- The Illinois courts can and have restricted abusive or excessive uses of
home rule.
- Voters can repeal home rule status if they believe it is being abused.
- And most importantly, residents decide who will represent them on the
Village Board. Unlike other governments where residents only vote for a minority
of the legislative body (i.e. wards or districts) Homer Glen voters determine
the entire Village Board.
The strength and weakness of all democratic governments is found in the level
of participation of the constituents it serves. Voter apathy can lead to the
election of poor government officials while grassroots involvement leads to
better representation. After the votes have been cast, residents should stay
informed and involved. Fortunately, with today’s technology it is easier than
ever to do so. Resident participation is the best way to ensure your elected
officials are representing your interests.
Home rule powers were initiated by folks that believed in the notion that the
government closest to the people will best understand and serve their
interests. When we incorporated in 2001, we did so because the residents of
Homer Glen wanted local control. Home rule is the best tool for providing that
local control since it allows more decisions to be made locally, rather than
decided by the State. It provides the Village with greater flexibility to
respond to the changing needs of the community. Most importantly, the extent to
which it is employed is determined by the people you elect.
We encourage you to be involved in your government. Attend or watch a Village
Board or Plan Commission meeting. A binder of information on Home Rule is
available at the Village Hall and library.
Print "Frequently Asked
Questions About Home Rule" (PDF 4MB)
Print "Illinois Home
Rule: A Thirty Year Assessment" (Small PDF)
PolicyProfiles, Center for Governmental
Studies
Northern Illinois University, DeKalb, Illinois
The Uses of Home Rule with Special Emphasis on Taxation
Print "The
Uses of Home Rule with Special Emphasis on Taxation" (Small PDF)
By James M. Banovetz and Thomas W. Kelty
PolicyProfiles, Center for Governmental Studies
Northern Illinois
University, DeKalb, Illinois
Print "Local Government Revenue Structure: Does Home Rule Matter (Small
PDF)
By Tom Rooney
The Journal of Regional Analysis &
Policy
Illinois Home Rule: A Case Study in Fiscal
Responsibility
Print "Illinois Home Rule: A Case Study in Fiscal Responsibility" (Small
PDF)
By James M. Banovetz
The Journal of Regional
Analysis & Policy