Local Govt Flashcards
Sources of Local Govt Authority - Dillion’s Rule
local govt (like city councils) only have powers explicitly granted to them by the Commonwealth (via statute or charter)
Ex: police power + condemnation of property
Dillions Rule - limitations outside of enumerated powers
-Necessarily or fairly implied by the powers, or essential and indispensable to the locality’s declared objectives and purposes= “Reasonably necessary to carry out functions.”
-No presumption that the exercise of power is valid (non-enumerated).
-Any doubt about local govt power should be resolved against the local govt
Counties
-unincorporated areas of the state
-enumerated authority over areas
-NOT Liable for personal injuries caused by negligence of officers, agents, or employees
-GENERALLY Governed by county board directly
Urban County Executive Form - over 900k people, no new municipalities
County manager plan - 500 people per square mile, exempt from annexation by adjacent cities unless ENTIRELY annexed AND approved by referendum.
Cities
independent incorporated communities, 5,000+ citizens
Independent of the county in which they are located.
Towns
incorporated community within one or more counties that have a population of 1,000;
NOT independent of counties and share govt functions and services within the couty in which they are located.
Creation of local entites
- Local govt charter = public election + hearing of request.
-Powers conferred - Uniform Charter Powers Act.
-Actions challenging a local govt charter must be in the form of a direct proceeding, prosecuted at the insistence of the State by the proper public officer.” - Incorporation by judicial proceeding - citizens may present a petition to the CC, signed by 100 voters, requesting that a community be incorporated as a town.
VFOIA
Public access to govt is paramount
Meeting of public body must have all meetings open to public unless specific exemptions for closed meetings.
(Examples of exemptions: prospective employee interviewed or disciplinary action, legal counsel)
VFOIA Meetings
-Date, time location of public meeting must be posted
-Must keep proper minutes of meetings
-Meeting of a public body includes 3 members, or a quorum of members, regardless if its informal.
Local Govt - Takings Clause
In VA’s Constitution
Can only take private property for public use to benefit public. CANNOT be for a corporation, private gain/benefitting tax revenue, or economic benefit.
Taking is only allowed to extent necessary for that public use
Police Power - Virginia Law Delegation
- Municipal corporations -Delegates to municipal corporations all necessary power and authority to
“secure and promote the general welfare of the inhabitants of the municipality.” - Counties - less board grant of power (mainly environmental regulations are ok)
Sovereign Immunity - County
Cannot be sued in tort - even when the county acts in a proprietary capacity. BUT, a tort that involves damage to or taking of a property — the P may sue in an inverse condemnation action for compensation.
Sovereign Immunity - Municipalities AKA Cities & Towns
Immunity in tort ONLY when performing public, governmental functions - not when acting in a proprietary (govt making $ from operation) capacity.
Proprietary functions as defined by VA courts - AKA no immunity for municipalities
a.Routine maintenance of streets
b.Provision of utilities
c.Maintenance of recreational facilities (liability ONLY for gross negligence)
d.Operation of housing authorities
Examples of governmental functions for municipalities - Sov Immunity
a. police and fire protection, ambulance services
b. operation of hospitals and public education facilities
c. Garbage removal and flooding/erosion control structures
d. snow removal
e. removal of trees felled by hurricane
f. repair of malfunction traffic light
SUBJECT TO IMMUNITY
Sov Immunity - Liability of govt officers + employees
Immunity for ordinary negligence (NOT wanton or gross negligence) in performing a govt function (consider how much control/interest the govt had)
Notice Requirement for Negligence Actions against Local Govt
Plaintiff must show notice (actual or constructive) to the municipality of the existence of the defect.
MUST file statement with the nature of the claim within 6 months after the COA, unless the proper local govt official has actual notice of the claim
Govt Employees - Qualified Immunity - Criteria
Immunity for negligence, NOT gross negligence.
Four Criteria =
1. Nature of function performed by employee
2. Extent of govt interest in involvement of the function
3. Degree of control & discretion exercised by govt employee, and
4. whether act in question involved the use of judgment and discretion.
