Local Government Flashcards
From 2014-2024 Bar Exams
Can a County be sued in tort?
No.
Counties are absolutely immune from liability for negligence of its officers, servants and employees.
Can a city or town be sued in tort?
Yes, but only when performing governmental functions.
What are some examples of governmental functions for which cities, towns and other local entities enjoy sovereign immunity from?
- Ambulance services
- Educational facilities (ex: driving school buses, school board)
- Erosion and flooding control structures
- Fire protection
- Garbage removal
- Hospitals and nursing homes
- Police protections
- Installing new water or sewer systems.
- Maintenance of recreation facilities
- Weather Emergencies
- Discretionary governmental functions when performing an actual governmental function (using barricades, lights, earning signs, etc.)
What are some examples of proprietary functions of cities, towns and other local entities?
- Routine maintenance of streets
- Provision of utilities
- Operation of housing authorities
- Maintenance and repair of utilities
What step must a plaintiff take to bring a claim against a county, city, or town for negligence?
File a written statement of the nature of the claim (time & place where injury occurred) within 6 months of cause of action accrued.
*Must be filed with the county/city/town attorney, chief executive or mayor.
**Filing and serving a lawsuit within 6 months satisfies the notice requirement
Define governmental functions.
Exercises of a municipality’s discretion, activities undertaken for the common good, or in the interest of public health and safety, and exercises of power delegated or imposed upon the municipality.
Define proprietary functions.
Actions taken that are performed primarily for the benefit of the municipality.
What are the four factors to determine if an employee is entitled to the same immunity as a municipality?
- Nature of the function the employee performs
- Extent of the government’s interest and involvement in the function
- Degree of control and discretion exercised over the employee by the government
- Whether the act in question involved the exercise of discretion and judgment
What is the exception to the notice requirement for a negligence claim against a municipality?
If the proper local government official has actual notice of the claim within 6 months after the the cause of action accrued.
OR plaintiff has a disability at the time the cause of action accrued which tolls the time for filing notice
Define gross negligence in the scope of a claim against a municipality.
A degree of negligence which shows an utter disregard of prudence amounting to complete neglect of the safety of another, a heedless and palpable violation of the legal duty respecting the rights of others, and a want of even scant care and amounts to the absence of slight diligence.
Where the danger is open and obvious, and there is no deliberate conduct or total disregard of all precautions, the claim does not constitute gross negligence.
What is a citizen entitled to when the government takes or damages the owner’s property?
A property owner has a right to just compensation from the government when the government takes or damages the owner’s property for public use.
Define Inverse Condemnation.
A quasi-contractual claim and proceeding based on a constitutionally created right connected to the “taking” or “damaging” of property by the government.
In regards to inverse condemnation, define taking or damaging.
The governmental action adversely affects the landowners ability to exercise a right connected to the property.
What must you establish for a claim of inverse condemnation?
- The property owner owns private property or has some private property right
- The property or right connected to that property has been taken or damaged by the government
- The taking or damaging was for “public use”
- The government or condemning authority failed to pay just compensation to the property owner
Virginia Freedom of Information Act defines meeting as…
An informal assemblage of (i) as many as three members or (ii) a quorum, if less than three, of the constituent membership, wherever held, with or without minutes being taken, whether or not votes are cast, of any “public body”
Public bodies shall…
(a) Have all meetings open to the public, unless a specific exemption for a close meeting applies,
(b) Give notice of the date, time, and location of its meetings by posting on its website, posting area, and at the office of the clerk or chief administrator,
(c) Allow their meetings to be filmed, AND
(d) Shall keep proper minutes of their meetings
Define public records.
All writings and recordings of any kind, in the possession of a public body or its officers, employees or agents in the transaction of public business.
What is the public record requirement?
All public records shall be open to citizens of the Commonwealth and representatives of newspapers and magazines with circulation in the Commonwealth. A public body must respond in writing to request for records within 5 working days of the request.
Does a Mayor have veto power?
Maybe, depends on the City Charter. Under Virginia Code, no, they are one member of the city council with one vote and does not have the authority to veto ordinances that are adopted by a majority of the city council.
Sale of city property or utilities must be passed by a
recorded affirmative vote of three-fourths of all the members elected to the city council.
Is a state governmental agency immune from tort liability?
Yes, while acting in their governmental capacities.
Are Counties subject to the governmental-proprietary distinction for negligence actions?
No, county immunity extends to acts that would be considered either.
What are the Virginia Freedom of Information Act exceptions that apply to any public body:
(i) Personnel information concerning identifiable individuals, unless waived in writing by the subject of the information
(ii) Information protected by the attorney-client privilege or the work-product doctrine
(iii) Any test or examination used, administered, or prepared by a public body for the purpose of evaluating students, employees or employment seekers
(iv) Records lawfully recorded in or compiled exclusively for use in closed meetings
(v) Vendor proprietary information software used for the purposes of processing data for agencies or political subdivisions…
(vi) Appraisals and cost estimates of real property subject to a proposed purchase, sale, or lease, prior to the completion of such
(vii) Information relating to the negotiation and award of a specific contract where competition is involved
(viii) Account or routing information for any person or public body
What are the Virginia Freedom of Information Act exceptions that apply to specific public body:
(i) Records relating to public safety (security systems, victim identities)
(ii) Information relating to administrative investigations by particular public licensing bodies, such as those dealing with health or education
(iii) Information relating to education or health records
(iv) Information relating to proprietary records and trade secrets
