Local Government Flashcards
What is required for a negligence claim against a county, city, or town?
Notice Requirement
A written statement of the nature of the claim, including the time and place of the injury, must be filed within six months after the cause of action accrued.
When must written notice be filed for a negligence claim against a locality?
Within 6 months after the cause of action accrued.
Can filing and servicing of a lawsuit within six months satisfy the statutory notice requirement?
Possibility, if it can be successfully argued that it gave the City the opportunity to investigate the incident and gather evidence within the 6 months.
Exception to the notice requirement for negligence claims against locality
If the attorney, chief executive, mayor, or any insurer had actual knowledge of the claim within six months, the claim can proceed.
Sovereign Immunity
Generally, protects localities from claims arising out of the performance of governmental functions (protecting the health, welfare, and safety of citizens)
Are localities liable for an employee’s intentional illegal conduct or gross negligence?
No, localities are not vicariously liable for such conduct.
What factors must a court consider to determine if a government employee is entitled to sovereign immunity?
- The nature of the function performed by the employee
- The extent of the government’s interest and involvement
- The degree of control exercised over the employee
- Whether the act involved discretion and judgment
Do counties enjoy sovereign immunity?
Yes, counties enjoy the sovereign immunity of the state and cannot be sued in tort.
Are individual members of the governing body immune from suits?
Yes, for government acts, unless the conduct was intentional, willful misconduct, or grossly negligent.
Municipality Sovereign Immunity
A municipality is immune from suit for a tort committed in the performance of a governmental or “public” function, but is liable for a tort committed in the performance of a proprietary or “private” function.
What distinguishes governmental functions from proprietary functions in municipalities?
- Governmental Functions: Conferred on a municipality for public good of whole state (e.g., police, fire protection)
- Proprietary Functions: Pursued for the private advantage of residents (e.g., power plants, public utilities)
What is the standard of care for municipalities operating recreational facilities?
They are only liable for gross or wanton negligence.
What right does Article I, Section II of the Constitution of Virginia confer to property owners?
The right to just compensation when their property is taken or damaged for public use.
Inverse Condemnation
A proceeding based on a constitutional right connected to the taking or damaging of property by the government without formal condemnation and just compensation.
What are the elements of a cause of action for inverse condemnation?
- The property owner has private property or a right
- The property or right has been taken or damaged by the government
- The taking or damaging was for public use
- The government failed to pay just compensation
Does sovereign immunity protect against valid inverse condemnation actions?
No, it does not protect against valid inverse condemnation actions.
What is contempt in legal terms?
An act in disrespect of the court or obstructing the administration of justice. The power to punish for contempt is inherent in the court, essential for proper administration of law.
Governmental entities like departments or agencies (in this case, Public Works)
Are generally not separate enetities subject to suit - seen as extensions of the city or local government.
What is the definition of a ‘Meeting’ according to the Virginia Freedom of Information Act?
A ‘meeting’ includes an informal assemblage of:
* As many as three members of a public body, or
* A quorum, if less than three, of the public body.
Applies regardless of location, whether minutes are taken, or whether votes are cast.
What is included in the definition of a ‘public body’? (VA FOIA)
Any legislative body, agency, commission, or board that is part of the Commonwealth or a political subdivision.
What are the public meeting requirements under VA FOIA?
- Open to the public unless a specific exemption applies
- Notice by posting on the public body’s website, in a designated posting area, and at the office of the clerk or chief administrator
- Allow filming
- Proper minutes must be kept.
How should the openness provisions of the Virginia Freedom of Information Act be construed?
The Act’s openness provisions must be construed liberally - to maximize access to public information.
How should exemptions from public access be interpreted under VA FOIA?
Any exemption from public access must be construed narrowly - ensuring that the public retains as much access to information as possible.
Penalties for violating VA FOIA
§2.2-3714 establishes potential civil and criminal penalties.
What is the definition of ‘Public Records’ under VA FOIA?
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 required for public records disclosure under VA FOIA?
All public records must be open to citizens of the Commonwealth and accredited media unless subject to a specific exemption.
What must a public body do if no exemption applies to a requested record?
The requested record must be provided within the 5-day timeframe.
Non-public use of public rights-of-way
Localities may temporarily permit non-public use of public rights-of-way and may temporarily close rights-of-way for public use and travel.
Adoption of Ordinances
Localities may adopt ordinances by a majority vote of those present and voting at a lawful meeting, unless a specific law or the Virginia Constitution requires otherwise.
Mayor’s Authority
- Head of the local government for official functions and ceremonial purposes;
- No veto power, unless granted by city charter.
What is required for the sale of certain public property and “public places” as stated in §15.2-2100(A)?
An ordinance must be passed by a three-fourths affirmative vote of all elected council members.
What constitutes a ‘public place’?
Areas devoted to public use, such as playgrounds, schools, or public office buildings.
What is the voting requirement for the sale of public property according to the Virginia Constitution?
Three-fourths voting requirement for the sale of public property by local governments.
Dillon’s Rule
Legal principle that local governments have limited authority, and can pass ordinances only in areas where the General Assembly has granted clear authority.
