Local Government Law Flashcards
What is a county?
An unincorporated governmental district created for the convenience of the sovereign
Immunity of Counties; Negligence of its officers
A county is not liable for torts caused by the negligence of its employees. However, the employees themselves are liable for gross negligence.
Negligence claims against a municipality - timing
Claims against a municipality for negligence are forever barred unless the claimant has filed a written statement setting for the nature of the claim, including time / place of injury, within 6 months of such cause action accruing
Immunity of municipalities - capacities and liability
A municipality is immune from liability for negligence in the exercise of governmental functions. A municipality is not immune in its proprietary capacity.
What is a governmental function for the purposes of immunity?
A function is governmental if it is the exercise of an entity’s political, discretionary, or legislative authority. Any undertaking that is intended to promote the general welfare and safety of the community is governmental.
What is a proprietary function for the purposes of immunity?
When a negligent act is one involving the maintenance or operation of the service being provided, the function is deemed proprietary. The provision of a public utility is a proprietary function.
What are the powers of local governments?
1) tax; 2) sue and be sued; 3) enter into contracts; 4) acquire, hold, and dispose of revenue; 5) exercise eminent domain; 6) borrow money and issue tax exempt bonds; 7) acquire, hold, and dispose of real property and personal property
What is Dillon’s rule?
A locality can only exercise those powers which are expressly granted by statute or charter and no other powers, unless they are necessarily implied in or incident to the powers granted, or the implied power is essential and indispensable to the declared purpose of the locality.
When may an employee of a municipality be afforded the immunity of their employer?
Courts weigh:
1) the nature of the function the employee performs
2) the extent of the government’s interest and involvement in that function
3) the degree of control and direction exercised over the employee by the government
4) Whether the action is an exercise of that discretion
What is FOIA in Virginia?
Citizens and members of the media must be able to inspect all public records not exempted under the Freedom of Information Act.
Virginia FOIA - Timing and Procedure
1) request complies with statutory requirements
2) not exempted under law;
Public body with the documents must respond within 5 working days.
