Section 7.37 Unlawful Delegation of Legislative Power

• Library: Local Government Deskbook (2017 Ed.)

D. (§7.37) Unlawful Delegation of Legislative Power

City councils often delegate to agencies and individuals the power to make rules, adjudicate controversies, and exercise a wide range of discretionary powers. The courts have held that the legislative power has not been delegated unlawfully if standards have been provided that are adequate to guide the exercise of the power. The general tendency is to broaden the area of discretion permitted. City of St. Louis v. Kiely, 652 S.W.2d 694, 701 (Mo. App. E.D. 1983). The amount of discretion permitted to be delegated depends in part on whether it is practical or possible to fix a more definite rule or standard. Lux v. Milwaukee Mechs.’ Ins. Co., 15 S.W.2d 343, 345 (Mo. banc 1929); Kiely, 652 S.W.2d 694. In ABC Security Service, Inc. v. Miller, 514 S.W.2d 521, 524–25 (Mo. 1974), the Supreme Court of Missouri identified three areas in which a broader delegation of discretion is permitted:

(1) where the ordinance or statute deals with situations which require the vesting of some discretion in public officials, and where it is difficult or impracticable to lay down a definite, comprehensive rule;

(2) where the

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