Local Government

Question 1

Types

Answer 1

The Constitution of Virginia establishes four forms of local government: counties; cities; towns; and regional government. To become a city, local representatives must petition SC to appoint a court to hear case. Towns must have 100 qualified voters and petition the circuit court to incorporate them as a town. Towns do not have court systems, counties and cities do.

Question 2

Alteratino of local boundries

Answer 2

Annexation is the process through which a boundary of a city or town is expanded. A city council or town may adopt an ordinance petitioning the circuit court to do so, or if fifty one percent of voters may petition the circuit court.

Question 3

Powers of the Commonwealth

Answer 3

Local governments are subordinate subdivisions of the Commonwealth and are subordinate to the sovereign power of the Commonwealth. Their powers may be modified or withdrawn with no approval process from the subordinates. They may choose to exercise imminent domain without permission of subordinates, and they may preempt their local laws. However, so long as they do not conflict with the Commonwealth, local gov’s can bind acts consistent with police power or health and safety of residents.

Question 4

Dillion’s rule with local governing bodies

Answer 4

Virginia follows dillions rule in which local governing obdies have only those powers expressly granted by the Const of Virginia or necessarily or fairly implied. Local governments cannot go beyond boundaries of their powers.

Question 5

County government, who governs?

Answer 5

Generally, the county is governed by the board of supervisors. County is vested with general power to act and adopt ordinances for the health, safety and general welfare of its residents. Can have ordinances for buildings, utility installation, private road ways, real property, etc.

Question 6

Sovereign immunity?

Answer 6

It is settled law in Virginia that Counties, and their agents, cannot be sued in Tort. They have the same sovereign immunity as the Commonwealth does. However, a party may sue the county for an act of property damage as being a taking under imminent domain. Additionally, Individual members of the governing body are immune from suits for any actions within governmental authority, unless conduct was willful misconduct, or grossly negligent.

Question 7

Procedure

Answer 7

To bring a cause of action against a county, a claim must first be presented to the board of supervisors for repayment, and then, if such a claim is denied, they may bring an action to the circuit court within 30 days of denial.

Question 8

City government

Answer 8

Every city is governed by a city council. They derive authority from two sources, staturory authority from the general assembly ov VA, or city charter (allowed by VA gen assem.). Cities and towns have the same powers.

Question 9

what can they do? General assembly has granted what powers?

Answer 9

Granted cities the following powers – (1) raise revenue by taxes and appropriate funds; issue bonds and money; regulate and inspect water or hospital installations; provide public ports; repair street, etc. Parties dealing with an agent of a city are required to ascertain nature and extent to whether they are bound (determine authority).

Question 10

Suits against

Answer 10

Unlike counties, municipalities are not wholly protected by the sovereign immunity of the state. They may be liable for a tort committed if such a tort happened when the city was acting in a proprietary function. The main difference here is whether they were acting through a government function or proprietary function.

Question 11

Proprietary functions

Answer 11

Functions are those pursued by a city for the private advantage of the city’s residents. If a city obtains revenue from the activity or if the activity is conducted only for the benefit of local people rather than the entire state, the function is proprietary. Examples ruled proprietary are operations of water or sewer systems, city swimming pools, public utilities. If a municipality is performing a proprietary function the standard of care is ordinary care. Exception is recreational facilities, the standard of care there is gross or wanton negligence. Additionally, if trespass or nuisance claim must have (1) proprietary function + negligence by gov).

Question 12

Government functions

Answer 12

Functions are government function when the government is acting in the interest of the public at large is doing so in their discretionary roles as the government. Examples include desginign, installation of traffic lights, etc.

Question 13

SOL?

Answer 13

No person may bring an action for damages against a city for an injjry to person or property unless there is a written statement filed with proper government official within 6 months. However, if party is physically or mentally injured, the time is tolled until they can properly do so.

Question 14

Zoning

Answer 14

General assembly has granted zoning power to lower governments, but such ordinances must promote health, safety, or public welfare of citizens.

Question 15

Eminent Domain

Answer 15

The Virginia Constitution provides that the General Assembly may not pass any law in which private property may be taken or damaged for public use without just compensation. The taking must be for public use – i.e., not to promote private gains, benefits, increase is employment, etc.

Question 16

Proceedings

Answer 16

Condemnations proceeds may no the commenced and will be dismissed against any government entity until the entity has made a bonifide but ineffective effort to purchase the land, in writing, explaining factual basis for the offer. Parties can then agree to issue compensation by the court or a jury or special commission. The damages to compensate an owner for his land here need be the fair market value of the land.

Question 17

Virginia Freedom of Information Act

Answer 17

The Virginia Freedom of Information Act makes it so that all citizens of Virginia have the right to inspect all public records during the regular office hours of the record custodian. This includes writings and recordings prepared by, owned by, or in the possession of the commonwealth that relate to the transaction of public business.

Question 18

Governmental functions (online explanation) liability of cities

Answer 18

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 1. Governmental functions are conferred or imposed on a municipality as a local agency of the state, to be employed in the administering of the affairs of the state on behalf of the public good of the whole state 2. Proprietary functions are pursued by a municipality for the private advantage of the municipality’s residents 3. The construction, maintenance, or improvement of streets and sidewalks is a proprietary function 4. Garbage removal is governmental, because it is primarily for health and safety 5. No negligence or wrongful death action may be maintained against a municipality unless a written statement of the nature, time, and place of the injury is filed with the proper local official within six months after the cause of action accrued

Question 19

City employees

Answer 19

In some cases, a municipal employee may be entitled to immunity if the municipality itself is entitled to immunity 1. An employee is never entitled to immunity for gross negligence 2. The notice requirement is only applicable to the municipality; does not apply to suits against municipal employees

Question 20

VFRA

Answer 20

The Commonwealth of Virginia has adopted the Virginia Freedom of Information Act which allows citizens of the Commonwealth to petition the government for all public records by the government that relate to transactions of public business. This includes writings or recordings by the government, kept in custody by the government through its custodian. Additionally, Virginia residents also have a right, not only to inspect, but to copy these documents.

Question 21

County government?

Answer 21

The Commonwealth of Virginia, through its Constitution, has created four forms of local government. One of these local forms of government is a 2County. The Commonwealth of Virginia, as a whole, is immune from tort actions on a basis of sovereign immunity. Similarly, unlike other forms of local government created by the Commonwealth, Counties share this same protection. Additionally, employees of the Commonwealth or Counties also have such protection if they are acting within the scope of their employment. However, such employees may never claim immunity if they are grossly negligent. The Commonwealth, through legislation, may provide right of actions against any locality or the commonwealth in general. Such cause of action will be stated through a duly enforced statute, but the local government in any respect is entitled to notice within 6 months of the incident before the claimant petitions a circuit court for redress.

Question 22

imminent domain of property owned by gov

Answer 22

Pursuant to the Virginia Constitution, no private property shall be damaged or taken for public use without just compensation to the owner thereof. The real and personal property of state universities is the property of the Commonwealth of Virginia

Question 23

When is a county employee acting within scope of his employment

Answer 23

The Virginia Supreme Court considers the following four factors in determining whether an ordinary government employee is entitled to the protection of sovereign immunity: (1) nature of function employee is performing; (2) the extent of the state interest and involvement in the function; (3) the degree of control and direction state exercised over employee; and (4) whether the act involved judgment and discretion. Virginia also uses traditional contributory negligence, where the defendant must show that the plaintiff fell below the relevant standard of care and that this failure was the cause-in-fact and proximate cause of her damages. If the plaintiff is even 1% at fault, she cannot recover. As discussed above, failure to comply with the notice requirement applies to the city and does not extend to individual government employees.`

Question 24

City maintenance of library?

Answer 24

1. The routine maintenance of governmental property such as the library is a proprietary function and negligence in this area is thus not barred by sovereign immunity 2. Nancy acted as Sam’s agent when she typed a written statement containing the nature of the claim, and the time and place it occurred, and delivered it to the City Manager, the chief executive of the City

Question 25

Snow removal? gov or prop

Answer 25

The underlying test as to whether an act is governmental rather than proprietary is whether the act is for the common good of all without the element of special corporate benefit, or pecuniary benefit 2. Snow removal functions after a snowstorm are deemed to be a governmental function because they are done for the common good in coping with an emergency