Another Fairfax City?
Today's article in the Post describes a familiar refrain from our County officials, namely the inability of Fairfax County to enjoy powers delegated to cities under Virginia law
Virginia's counties first formed by the House of Burgesses as subdivisions of the Commonwealth centered around a county seat where citizens could have access to a courthouse and sheriff.
These local courthouses obviated a long, arduous trip to Williamsburg every time your neighbor's cow trampled your tobacco crop. Up through the Civil War, new counties were formed anytime the residents of an existing county found themselves more than a day's carriage ride from the county seat. The sole purpose was access to the law.
Over time, the counties gained additional power, including the ability to tax property (land, livestock and machinery) that existed within their boundaries. This power to tax was directly correlated to the locals' requirement to provide public services, the most prominent of which is education. That became a constitutional obligation in the late 19th century and the counties were charged with implementing it. To administer this power, the County Boards of Supervisors were formed.
In the 20th century, the power accelerated as counties received the ability to tax sales and BPOL. This matched the counties' increased role in providing police protection and other community services.
Notably, the Commonwealth preserved for itself the obligation to build roads which it financed through a state gas tax. This was the brain-child of Governor Harry Byrd in the Twenties and it arguably did more to cement his power than any other policy. This is the most significant government function that counties do not control.
Cities are a modern invention. Essentially cities are incorporated entities ("municipal corporations") which have successfully applied to the General Assembly for independent status. That status requires them to build and maintain their own roads, as well as provide their own school system. On the other hand, they can collect some additional taxes based upon sales and use. Like all corporations, they can also sue and be sued.
In the Sixties, there was a boom of cities being created -- Virginia Beach, Suffolk, Chesapeake -- in the Tidewater area. Other smaller units were created in Northern Virginia -- Fairfax City, Falls Church, Manassas. This trend reflected the increased urbanization and prosperity of these areas. (Notably some cities could not keep maintain all the obligations and gave up their charter)
In each case, there was a traditional town which applied for and received "city" status. In fact, in the case of Fairfax City, the Council applied for a city charter in 1962 on the fear that Fairfax County would try to become a "city" and thus wipe out the existing Town. Self-preservation is mighty powerful medicine.
In the late Seventies, the push for cities petered out. There was (and is) an informal and unspoken moratorium on creating new cities. Instead, the idea was to take larger, more urban counties and increase their power and flexibility. Hence the phrase "urban county" which is a defined term in Virginia law and refers to Fairfax among others.
If Fairfax is serious about becoming a City, it must recognize at least two things immediately: (1) it needs a new name and (2) all towns within its boundaries would eliminated. Not a small matter, either one.
Also the Supervisors need to be candid about their own status. They enjoy salaries, staffs and accommodations far beyond that of City Councilmen (or even Senators) in Virginia. A charter change to City status will bring immediate scrutiny on all these items, especially from a state legislator making $18,000 a year and employing one part-time staffer at $37,000 a year.
Finally, the County's problems are not radically different than any Virginia locality right now. Yes, a meals tax might help spread the pain to non-residents. But that's a drop in the fiscal bucket. The bottom line is that the all governments have to redo the way they do business. That includes all the cities, which are losing revenue just like counties. It includes the General Assembly.
On balance, I recognize the frustration of all local officials with Richmond. But making Fairfax County a "city" is not going to change the issues. It will just bring new ones.
Chap-
I'm not going to get to the merits of whether or not Fairfax County should become a city, since I don't live there. But just a few comments on some of your other points:
1) If Fairfax County converts to a city, the towns of Herndon, Clifton, and Vienna would not exactly be "eliminated." Rather, they would continue automatically as townships, and few people would notice a difference. They could become independent cities if they wanted to, but that would be their choice.
2) The new city council members would have much higher salaries than those in other cities, but no other cities have populations of over 1 million and most don't have full-time members.
3) Although the General Assembly has to grant the new city a charter, the proposed charter on which the GA will be voting will have already been approved by the courts, the governing body, and the voters. While I guess the GA can just flat out refuse to vote for it, I don't think that's the intent of the process laid out in the Code (
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC15020000039000000000000 ) In other words, the General Assembly certainly has a role in the conversion process, but I don't think the role is supposed to be deciding whether or not conversion takes place.
Craig: Many thanks for the comments. Always appreciated. I'll leave the salary point alone. However, I do take somem issue with your other points:
1. I'm not aware of a "township." Within a city, there are no subdivisions of which I'm aware. A "town" only has meaning as a subdivision of a county.
2. As far as creating new cities, the General Assembly always has a role. Indeed, granting municipal charters is one of the Assembly's express powers requiring a 2/3 super-majority vote. I'd have a hard time seeing either the House or Senate (R's or D's) let such a major issue go by without comment. When Richmond went to a City-wide mayor in 2005, we had weeks of debate on it(and Richmond is 1/5 the size of Ffx).
Chap-
Under state law, when a county converts to a city, the towns within the county automatically continue as townships. If two counties or a county and a town consolidate into a new city that completely surrounds an existing city, the existing city may become a township. There are currently no townships in Virginia.
-Craig
OK, well I learned something new. I have no idea what a "township" is (and we don't have one now). Practically I don't see how this would work as the town would be superfluous. But thanks, chap
Chap,
I think that they're thinking too small. The US has not changed the number of states since Hawaii on August 21, 1959.
Think of the benefits the State of Fairfax would have. Two senators and three congressional seats- more representation than Alaska. We would have superlative schools and transportation funding. we could put up toll booths on 66, 95 and each end of the beltway, charge a dime and eliminate property and sales tax. Remember, it works for Delaware.
Fairfax County already has the largest tax base in the commonwealth. It has the largest police force, including the state police. We have about the same population as Montana (997,670 in 2006)
969,749 for Fairfax County in the 2000 Census.
Let's stop messing with the Rest-of-Virginia. They're draining our wallets and forcing us to compromise on modernization of our infrastructure. Let's make a new state - Think Big!
I am intrigued by this proposal, if not entirely swayed by it. People would have an initially hard time comprehending that "city" is not necessarily a geographic statement so much as a political assertion of power. But in carrying out this proposal, there are a bunch of considerations that will need to be factored in.
For instance, the Board of Supervisors will have its power greatly increased if all of the current independent cities within the county are eliminated. The post of county executive would be eliminated and we would either need a city manager or a mayor, in addition to the board of supervisors.
Also, would any part of the city be considered "downtown"? The obvious answer is the current Fairfax City, but there is no convergence of mass transit there. Perhaps when Metrorail to Tysons is completed, the city hall can be relocated.
And we have all heard the statistic that only 25 cents or so of every tax dollar sent to Richmond is returned to Fairfax County (Chap, can you confirm this?), so would city status enable us to increase revenues while holding tax rates steady?
Lastly, the city conversion leaves open existing questions about road and transit funding. As I recall, a major sticking point in Richmond was whether the suburban counties should be allowed to tax their own citizens to pay for VRE and road improvements *or* should a statewide tax be levied since workers from farther south/west are commuting into D.C.?
Let's get to the real point. I have lived in Fairfax County almost all my life (with a short detour in Arlington). There is an almost unanimous view that we are being robbed blind by Richmond and our local representatives in the General Assembly just don't care. The assumed formula is pretty simple. The state Republican and Democratic parties both "buy" votes in rural Virginia with subsidies taken from urban and suburban Virginia. If you are a politician from urban or suburban Virginia you can either be a good party member or a good representative for your constituents - not both. Since the parties control who gets elected (especially in the primaries) the politicians from urban and suburban Virginia quietly allow the theft to continue. After all, as long as all the politicians participate in the theft - what choice do the voters really have? Elections de-evolve into which candidate has most median strip signs, the gas tax (which has not been raised in cents per gallon in 20 years) remains fixed, urban and suburban transportation remains shambolic and billions of dollars are transferred to schools in rural areas unwilling to implement fair real estate tax rates to pay for their own schools.
You harken back to the days of "the Byrd Machine". And it's not just you that has this bizarre fascination with Harry F. Byrd. Hell, Rt 7 in Fairfax and Loudoun Counties has been co-named Harry Byrd Memorial Parkway. Let me throw some cold water on this warm and fuzzy trek down memory lane. Gov Harry Byrd was a corrupt, inept racist. The "Byrd Machine" kept Virginia backward, poor and segregated. His sponsorship of Massive Resistance should put him in the same category as the cross burning Klan leaders from the bleakest period of Virginia history. He was a disgrace to the Commonwealth, nothing should be named in his "honor" and nobody should cite his policies unless they are remembering what it was like when Virginia was an American version of a Banana Republic.
Why do the people of Farifax County want a city charter? Because they want to get rid of the General Assembly's influence in Fairfax County to the greatest extent possible. The influence of Virginia's state government is inversely correlated to the welfare of the people of Fairfax County.
Could our local politicians start representing their constituents? Sure. They could begin by producing a fair and understandable regional income statement that documents the amount of money taken from Fairfax County (through all state and local tax schemes) and compare it to the amount spent in Fairfax County by state and local authorities. This, to the best of my knowledge, has never been done. The fiscal cockroaches in Richmond like the dark.
All of NoVa's state politicians need to either start representing us or we need to start vastly dilluting their power.
233 years ago we rose up against tyranny. Maybe it's time for Fairfax County to do the same.
Happy 4th of July.
Chap, I strongly agree with both Groveton and Mr. Fifer. If you look at the Code regarding conversion from County to City, you will find the references to townships and their status. Just because they do not currently exist, doesn't mean they can't.
Your history of conversion does not cover those tidewater counties that changed status. Looking at the 1950 census, there are several counties that no longer exist and were changed into Cities. That change was a reaction to the systemic problems alluded to. Counties work pretty well in rural Virginia.
I live on the Northern Neck, and our towns provide us with the higher level of service we want and need. Most of my life, I lived in NOVA and I work there now. The various forms of urban counties do not really serve well in the current (last 30-year) environment.
The two largest jurisdictions in the Commonwealth (Fairfax County and City of Virginia Beach) have greatly different powers. Why? There is no logic to it. Va. Beach does not have a significantly different population density.
Frankly, Groveton is right. The real problem is the relationship with Richmond. The "Dillon Rule" which allows/encourages/demands meddling in local issues by a part-time, ill-payed, lobbyist-dependent GA is not capable of late 20th Century governing, nonetheless, 21st Century.
Change is needed.
Note: I am not charging corruption with regard to the lobbyist-dependent line. The fact is that 6 or 8 week sessions with 2-3,000 bills places an impossible information burden on GA members and their staffs. It instills an information/impact dependency upon experts, whether industry, local government, state or interest group lobbyists.
I think you are doing a great job, but please don't let your Fairfax City filter get in the way of the issue.
Ben Mays
Chap:
Here is a slightly revised note from BaconsRebellion Blog (I did not know about 'townships' either but I can hear The City of Fairfax City scream from clear out here in Warrenton.
Larry commented:
EMR - I especially would like to hear your "take" on CP's thoughts on Fairfax County becoming a "city".
Here are some quick thoughts:
I recall two or three attempts to change the status of Fairfax Coutny, including at least one to City status.
Since Cities are 'independent' and not in any County, the 'townships' would have to be in some 'county' and you would still have swiss cheese.
If one protects the turf of existing Governace Practitioners, there would be little real change. Also the GA likes the system the way it is -- they have control without responsibility.
When EMR was involved in Fairfax politics we found anything that the Chamber, the LWV and the Federation all backed went through the GA without a hitch -- e.g. the bond authority for building roadways.
In other words, there is no current differnece between City and County that could not be 'fixed' if there was a concensus on the need to change.
THE BIG PROBLEM IS THAT WHAT EVER ONE CALLS IT, THE 244,000 + /- ACRES OF FAIRFAX COUNTY IS NOT AN ORGANIC COMPONENT OF HUMAN SETTLEMENT.
Fairfax County includes all or part of nine Beta Communities.
If one is to go to the trouble of making a change, make a change that is worth the effort.
EMR
Townships that result from the conversion of a county to a city are part of the new city, and have the same relationship with the city that a town has with a county. If Fairfax County becomes a city, the towns of Herndon, Clifton, and Vienna will automatically become townships in the new city.
EMR -
Fairfax County may not be an organic component of human settlement. But FFX Co is a whole lot closer to an organic component that the Commonwealth of Virginia. The Commonwealth of Virginia has resulted from a series of historical and geological accidents. And, unlike national defense and the federal government, there is little reason to bind the pieces of the Commonwealth together. It seems to me that local government has a better chance of properly representing the taxpayer - voter than state government. The residents of Fairfax County have a lot more in common with the residents of Montgomery County, MD than the residents of Montgomery County, VA. So, why should the residents of Fairfax County (or many other Virginia counties and cities) continue to support a strong implementation of Dillon's Rule? Even if the General Assembly was drastically reformed (full time, campaign contribution limits, better pay for politicians, effective research) it still would struggle to represent its citizens better than local government.
You write, "In other words, there is no current differnece between City and County that could not be 'fixed' if there was a concensus on the need to change.". Theoretically true. But there is no consensus. The problems we face in Northern Virginia are a world away from the problems faced by Virginians in rural south-west Virginia. Why would you expect a consensus. I don't have any basis to make rules about tobacco farming and people in tobacco farming areas don't have any basis to tell me how to raise money for suburban freeways. But that's just what happens. My state delegate (Margi Vanderhye) is on the state agriculture committee. Her bio describes her as a longtime resident of McLean. Have you seen many farms in McLean recently?
This is a joke.
Del. Vanderhye might be a fine politician but what business does she have dictating farm policy to real farmers? Meanwhile, Del. Clay Athey (R-Front Royal) has felt free to opine on how suburban roads should be designed. The most densely populated county in his three county district is Warren County, VA - which has a population density of 148 per sq mi. Fairfax County, where "Ma Kettle" Vanderhye lives, has a population density of 2,636 people per sq mi. And you want consensus? I'll settle for competence. It's time to make local decisions locally. The first step is a city charter for Fairfax County that allows just that.
I note the Washington Post article over the weekend said the "new" city would absorb the City of Fairfax under the proposal.
So would we City residents would lose our City Council and seperate status? I like living in the City vs. the county.
Chap, I have a question. Interesting post, btw. Thought provoking. Good stuff.
I lived in Arlington for about 13 years before moving to Fairfax. Arlington County isn't a city, but it seems to have more autonomy than Fairfax County. Several times I've asked Fairfax County elected officials about why can't we do this or that, because Arlington did it (e.g. my neighborhood wanted the County tell truckers they can't pull their brakes loudly - my neighborhood in Arlington did just that - but in Fairfax, I was told VDOT controls things - and ( was told Arlington is "special").
Huh?
Maybe it is just a matter of figuring out how we in Fairfax can be "special" like Arlington, without becoming a huge, hulking city? As a native New Yorker, who was a kid when the City was broke and the trash was a-piling up, I've seen the downside of big city, too.
The real question is the centralization or decentralization of political power. A city charter (properly written) would slightly decentralize power. I think that would be good for the voter - taxpayers of Fairfax County.
Anne - I believe that Arlington and Henrico (suburb of Richmond) counties have taken control of their local roads from VDOT. All other counties still rely on Nanny Richmond for road support. So, I think that's why Arlington has more authority than Lord Fairfax the Meek. This seems like something that Fairfax could do with or without a city charter. Maybe more of a question for the BoS than the GA.
As for NYC - I worked there 5 days a week for 2 years. I lived on 57th between 3rd and Lex. Great place - once you get used to it (took me 6 months). I'm not sure that city status makes a place good or bad. That's just BS from the politicos and the chattering class (i.e. the press). the question is whether you think the Fairfax County Board of Supervisors should have somewhat more power than they currently have. That additional power would have to come from the state General Assembly. After that, it could be for the better or worse. A city charter wouldn't make Fairfax County a city. It wouldn't oblige Fairfax County to pursue "city-dom". It would just transfer a little political power from the state to the county.
If the General Assembly had 140 Chap Petersens I would find this point moot. However, in reality, there is Chap and another 139 people.
Many of the state-wide elected officials either lack the competence to figure out the issues or have parochial reasons to favor their locality over the general benefit of all Virginians.
I believe the overly centralized state government in Virginia needs to be reformed in many ways. One important way is the delegation of more power to the localities. A city charter for Fairfax County would be a step in the right direction.
Hey everyone: Thanks for all the great writing. Since I wrote this post (and the WaPost came out with its article), we've been overwhelmed with Q's about Ffx County and what this all means. A few things for the record:
One, according to my good friend Sharon Bulova, the "City" transformation was brought up at an informal session for the County Board and is not the subject of a legislative request or legal petition or referendum (all of which would have to happen).
Two, there is an ongoing issue about the amount of autonomy that Ffx County has (or should have) from the Assembly. Years ago, a separate classification was created for "urban County" which was intended for Ffx and Arlington to give them more power to reflect their urban character. You see that term pop up on state laws regarding traffic and parking, e.g. For whatever reason, that is not sufficient. A huge issue is the question of roads. Fairfax County has thousands of linear miles which are currently serviced by VDOT (and that is where the unhappiness lies). To transition that to County service would be a big change. The County would likely demand a state subsidy (at least to start) but there's no $$ there right now. And this fact is coming from someone (me) who has consistently supported increasing the state gas levy to increase the Transportation Trust Fund. So a transition to City may help in long run but only if the state changes (and re-funds) the Trust Fund.
Three, I've heard many opinions on how the "City" issue would impact existing Ffx City and the towns. So much so that I'm taking the State Constitution on vacation later this summer to clear up that issue. I'm not aware of any "cities within cities" in VA, although perhaps Norfolk or Portsmouth qualify, although they are bounded by water also. As the rep for FFx City and Town of Vienna, that is pretty critical. I'm not in a hurry to support a bill that wipes out a jurisdiction.
Anyway, this is a good discussion. Thanks to everyone who chimed in with your info. Glad to see the Wash Post is reading us also.