Local Government Law Flashcards
What is Dillon’s Rule?
Provides that Virginia localities may exercise only those powers which are expressly granted by charter or statute, necessarily implied, or essential
Procedure for requesting public records
identify the requested records with reasonable specificity (usually pursuant to FOIA but need not indicate that the request is made pursuant to FOIA)
Procedure responding to public records request
Five days to respond, and may:
Provide the request;
Deny the request (citing applicable code);
Provide some andd deny others;
Indicate the record doesn’t exist; OR
Indicate not practically possible to comply with request
Requirement for meetings of public bodies conducting public business
Must be open to public unless a statutory exception applies.
What is considered a public record for the purpose of a records request?
All writings and records that consist of letters, words or numbers, or their equivalent, set down by any sort of record prepared,owned by, or in the possession of a public body or its officers/employees/agents
How to conduct votes?
At a public meeting. NOT by telephone or other electronic communications
City Sovereign immunity
Sovereign immunity for governmental functions but not proprietary functions
What are government functions for the purpose of city sovereign immunity?
Exercises of a municpality’s discretion, activities undertaken for the common good or in the interst of public health and safety, and exercises of powers delegated or imposed upon the municipality.
Examples include police/fire/ambulance, operation of hospitals and public education facilities, garbage removal
What are proprietary functions for the purpose of city sovereign immunity
Performed for the benefit of the municipality. Includes routine ministerial acts whihc involve no discretion.
Examples include routine maintenance of streets, provision of utilitites, maintenance of recreational facilities, and operation of housing authorities
What’s special about liability for maintenance of recreational facilities?
Only liable for gross negligence
City liability for simultaneous governmental proprietary functions
Sovereign immunity applies.
Examples include snow removal, removal of trees felled by hurricane, repair of malfunctioning traffic light
Statutorily required notice for suits against municipallities
To bring an action for negligence, must provide written notice of the claim, including time and place of the injury, within six months after the cause of action arises. Actual knowledge DOES NOT except the notice requirement
Four factors for whether officer or employee is liable for negligence in performing a governmental function
(1) the nature of the function; (2) Extent of the government’s intersest and involvement; (3) the degree of control the government exercises; (4) whether the act involved the discretion of the employee
Employees/officers NEVER immunefor wanton or gross negligence
Special rule for maintenance of recreational facilities
While maintance of recreational facilities is a proprietary function, municipalities are only liable for gross negligence
What is gross negligence (widely applicable)
The utter disregard of prudence amounting to complete neglect of the safety of others, with emphasis on the importance of deliberate conduct.
What must a plaintiff prove to make a claim for negligence against a municipality?
That the city knew or should have known of whatever defect gave rise to the claim
Meeting Requirement for Exercising Power
Can only exercise powers at public meetings by a majority if a quorum isp resent
VFOIA requires that the transaction of “public business” by a local public body other than by votes at pubic meetings is prohibited
What does VFOIA entitled citizens of VA to?
Public records involving the transaction of public business
Exceptions to FOIA
Personnel information;
Privileged Information;
Tests and eams;
Records lawfully compiled in closed meetings;
proprietary software;
Banking info;
etc
