State Preemption of Local Authority: Impacts on Local Public Services

• In Event: Politics and Policy in American Federalism

Abstract

The rising trend among state legislatures to preempt local authority has direct effects on local governments’ capacity to deliver on their residents’ public service preferences (Kettl 2023, 2020; Hanson & Zeemering 2021; Goodman et al 2020; Flavin and Schufeldt 2020). For local government administrators - critical brokers in navigating disturbances, complexities and conflicts emerging in their institutional environments - preemptions can dampen their ability to address resident demands for services in such policy arenas as policing, labor, equal protection, environmental protection/climate change, immigration, gun control, health, education, and others. Despite local administrators’ experience in dealing with state fiscal constraints, the new preemptions extend to many services, some of which are politically controversial. Consistent with APSA’s and sections’ themes, these preemptions can be viewed as limits on local democratic processes and state representation of local political majority interests.

While there is a growing literature on increased state preemptions of local authority, very little research addresses their influence on the related roles, functions, and impacts of local government administrators. Administrators might consider an array of actions meant to alleviate the drag from preemptions on public service delivery; these actions could serve to “buffer” local organizations and services (O’Toole and Meier 2014). Potential actions range from full adoption of the preemption to legal challenges, lobbying through intergovernmental sub-units, re-tooling organizational missions, collaborating with third parties to fill service gaps, and others.

This study analyzes qualitative data from interviews with local administrators and other actors, and from related administrative and public documents, with a focus on the following questions: How do preemptions affect local government capacity to deliver desired services effectively? How do administrators address consequent threats to service delivery? What strategies do they judge as most effective in mitigating those threats? The analysis will contribute to research on the implications of growing state limits on local autonomy for local democratic processes, public administration, and service delivery effectiveness.


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Author

• Jocelyn M. Johnston, American University