Themis Essay 4118

Question 1

In Virginia, local governments are limited in their powers by what is known as

Answer 1

Dillon’s Rule.

Question 2

Localities have no

Answer 2

inherent power.

Question 3

Under Dillon’s Rule, all power for a local government must be provided by

Answer 3

statute or charter, or implied by the powers expressly granted as essential to the locality’s declared objectives and purposes.

Question 4

Any power exercised by a local government that has not been delegated by the state will be

Answer 4

void.

Question 5

Any reasonable doubt concerning the existence of a locality’s power will be resolved by the courts

Answer 5

against the local government.

Question 6

Local governments are given the power to enact and enforce

Answer 6

local ordinances.

Question 7

Unless otherwise provided for by the Constitution or statute, an ordinance may be adopted, amended, or repealed by

Answer 7

a simple majority vote of the members of the governing body of a local government who are present at a lawful meeting.

Question 8

A lawful meeting of a governing body requires the presence of

Answer 8

a majority of the members of the governing body.

Question 9

Under Virginia’s Freedom of Information Act, ordinances must be

Answer 9

adopted in public, open meetings and affected residents must receive notice of the meeting.

Question 10

A public body’s meeting should generally not be conducted through

Answer 10

telephonic, video, or other electronic means where the members are not physically assembled to discuss or transact public business.

Question 11

Any public body may meet by electronic communication means without a quorum of the body physically assembled at one location when the Governor has declared a state of emergency, provided that:

Answer 11

(i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a specific location; and
(ii) the purpose of the meeting is to address the emergency.

Question 12

Under Virginia’s Freedom of Information Act, all public records related to public business must

Answer 12

be open during the regular office hours of the custodian of such records for inspection and copying by citizens of the Commonwealth or representatives of media circulated in the Commonwealth.

Question 13

Upon receiving a request for public records, a public body is required to respond within

Answer 13

five working days by either producing the records or providing a valid reason for withholding the records.