Does Article III, Section 3 apply to local government?
• Is the MWSD in the executive branch of government? • Is the MCC in the legislative branch of government? • Does the MCC, as a municipal advisory council, have actual ‘powers’ such that Article III, Section 3 applies to it? • Is the MCC specifically mandated to advise the Supervisors concerning the MWSD? • Is there evidence that the MCC’s advisory mandate is materially impaired by the presence of the MWSD directors on the MCC? These questions will be briefly treated in turn. 1. DOES ARTICLE III, SECTION 3 APPLY TO LOCAL GOVERNMENT? Since the Article refers to powers of state government, not local, it is possible to misinterpret the separation of powers doctrine as applying only at the statewide level. California’s Constitution makes it clear, however, that local government is a creation of state government, and that constitutional provisions apply equally at all levels of state government. For example, Article XI, Section l (a) states: “The State is divided into counties which are leg
