Assorted - HR

Question 1

What are 2 mechanics for getting a special law passed?

Answer 1

Publish notice of intent or make conditional by referendum.

Question 2

What 3 categories cannot be altered by a special law?

Answer 2

Election, juris, & duties of officers, except officers of munis, ccs, spec dists, or local govt agencies.

Question 3

Why do we enjoy judicial deference?

Answer 3

1. Separation of powers.
2. Ordinances are deemed legislative acts.

Question 4

How change structure of Charter county?

Answer 4

• Set up in charter approved by the electorate.
• Amend Charter w/ referendum.

Question 5

How change structure of N-Cs?

Answer 5

• Set up in State Const + Statutes.
• Amend State Const or state law to change structure.

Question 6

How change structure of Muni?

Answer 6

• Amend part or all of Charter except boundaries w/ referendum.
• Initiate by ordinance or petition signed by 10% of residents.

Question 7

How change old local County laws?

Answer 7

a. Local laws RELATING ONLY TO UNINCORP AREA
b. In effect @ time of Const Amendment 1973
c. Amended or repealed by a County ordinance.

Question 8

How change old Muni laws?
—-
For what 4 subjects can you not change in this manner? What do they need?
—-
Bonus - What was deemed unconstitutional?

Answer 8

City ord.
—-EXCEPT:
REQ REFERENDUM
(1) Subjects that give extraterritorial pwr (ex. Annexation, merger; affect area w lands in and out of City);
(2) Impact creation or existence of City;
(3) Terms or election of officers (except election dates & qualifying periods)
(4) Distrib of pwrs of elected officers.
—-
BONUS:
• Rts of muni emplyees – 2012 fd unconst

Question 9

Charter powers?

Answer 9

All pwrs of self govt.
NOT INCONSISTENT w/ gen. law or spec law (if spec law approved by electors.)
———-
How to remember: Charter’s “h” (as in C-H-A . . .) is alphabetically close to “i”nconsistent.

Question 10

Non-Charter powers?

Answer 10

All powers of self govt.
• AS IS PROVIDED by gen law or spec law (b/c created by legis).
———–
How to remember: Non-Cs are low & forced to take ‘as is.’

Question 11

Muni powers?

Answer 11

POWERS
1. Governmental
2. Corporate
3. Proprietary

TO CONDUCT
1. Muni Government,
2. Perform Muni functions, +
3. Render Muni services

FOR
1. Muni purposes + the
2. H, S + W of citizens

EXCEPT AS PROVIDED BY LAW

Question 12

Special District powers?

Answer 12

Special districts have only those powers expressly authorized by general or special law.

Question 13

State the powers of Charters, Non-Charters & Munis.

Answer 13

(1) Charter - self govt, NOT INCONST. [c’H” close to ‘I’]
(2) N-C - self gvt, AS IS PROVIDED. [low take ‘as is’]
(3) Muni - corp, prop, govtl, for govt, functs, & services, EXCEPT AS OTHERWISE provided. [mEXi muni]

Question 14

Challenger asserts LG’s ordinance is improper.
To get AF:
1) What must challenge be based on?
2) What procedural step is required?

Answer 14

1. Must be based on EXPRESS PREEMPTION.
2. Must have given LG 30 day notice to repeal.