How Local Laws Are Made

Christian Hartley
Christian Hartley

Many people go about their daily lives without giving much thought to the laws and regulations that govern our communities. But ordinances that determine everything aircraft safety to zoning are created through a process that invites and needs citizen participation.

Locally, laws originate from city councils in Wasilla, Palmer, and Houston, or the Mat-Su Borough Assembly outside of those cities. While we have community councils in many communities in the Mat-Su that are not within a city, those bodies are advisory-only and cannot create law or regulation. Elected officials draft proposed laws, also called ordinances, in response to issues raised by residents or to address emerging needs. For example, if neighbors complain about loud parties late at night, the city council may craft a new noise ordinance.

Ordinances are often confused with other government legislation called resolutions. A resolution establishes a policy, but an ordinance establishes law or appropriates funds. Because of this difference, a resolution can be introduced, debated, and decided in the same meeting but an ordinance requires more opportunities for public participation and multiple meetings. Before a proposed ordinance can take effect, it must go through several steps that allow for public input. First, the drafting body holds at least one public hearing where residents can speak for or against the proposal. This public hearing does not occur at the same meeting where the ordinance was introduced, so make sure you attend all meetings where the ordinance will be discussed. Citizens have opportunities to suggest changes or alternatives through letters, emails, meetings, and work sessions. Hearing from constituents helps elected officials understand different perspectives and make informed decisions. It also keeps the elected body in line with the community’s vision for its future.

After feedback from the public hearing, the governing body will vote on whether to adopt the proposed ordinance. A simple majority of the people present at a meeting can approve in most circumstances; very few decisions require more than a majority. And that is only of the people present at the meeting; if 5 people out of a 7-person body are present, only 3 need to vote in favor to pass potentially borough-impacting ordinances. When we elect people, we need to keep their attendance record in mind for this reason.

The process for changing laws does not end there, however. Residents who still have concerns about an ordinance after its approval and publication can initiate a referendum process to challenge it. By gathering the required number of signatures from registered voters, citizens can put a referendum on the ballot to repeal the new law. Voters then decide its fate through the next general election.

Changes to local laws do not happen overnight and staying involved and aware has influence. Watch for public notices of proposed ordinances and attend public hearings to have your voice heard. When you cannot attend, send your comments by letter or email to the local clerk’s office to forward to the elected body. It is perfectly fine to directly contact your representatives to share concerns or suggest new ideas, too. Most importantly, remember that elections choose the leaders that represent your community's interests when policies are debated and shaped.

While governing bodies have the ultimate authority, lawmaking is meant to be a team process that considers citizens' diverse needs and perspectives. Don't hesitate to participate.

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