Themis Essay 4562

Question 1

All public records maintained by a Virginia public body may be

Answer 1

the subject of a FOIA request.

Question 2

There is a presumption that all public records are

Answer 2

open, unless an exemption is properly invoked.

Question 3

The FOIA broadly defines public records to include

Answer 3

all writings and recordings, however stored, and regardless of physical form, prepared by or in the possession of a public body or its officers, employees, or agents in the transaction of public business.

Question 4

The FOIA is to be

Answer 4

liberally interpreted to permit access to public records.

Question 5

All public records must be open during the regular office hours of the custodian of such records to

Answer 5

Virginia citizens and representatives of various media circulated or broadcasted in Virginia.

Question 6

The custodian of a public record has ______________ working days in which to respond to a FOIA request.

Answer 6

five

Question 7

A FOIA request denial must include

Answer 7

a citation to the statutory provision that permits the custodian to withhold the record.

Question 8

In Virginia, municipalities enjoy sovereign immunity from

Answer 8

tort and quasi-contract actions when performing public, governmental functions.

Question 9

Public, governmental functions are acts done for

Answer 9

the common good, without the element of corporate benefit or pecuniary profit.

Question 10

Sovereign immunity does not exist when a municipality is performing

Answer 10

a proprietary function.

Question 11

An example of a governmental function is

Answer 11

garbage removal.

Question 12

An example of a proprietary function is

Answer 12

the routine maintenance of streets.

Question 13

When confronted with an activity that has both governmental and proprietary functions, such as snow removal, the court has determined that the activity should be treated as

Answer 13

governmental in nature.

Question 14

Negligence claims against any local government are typically barred unless the claimant has

Answer 14

delivered to the proper designated officer (e.g., city attorney, mayor) a written statement of the nature of the claim, including the time and place at which the injury is alleged to have occurred, within six months after the cause of action accrued.

Question 15

Sovereign immunity may extend to government officers and employees who

Answer 15

are negligent in performing a governmental function.

Question 16

Courts consider four factors to determine sovereign immunity:

Answer 16

(i) the nature of the function;
(ii) the extent of the government’s interest and involvement in the function;
(iii) the degree of control the government exercises over the employee; and
(iv) whether the act involved the discretion of the employee.

Question 17

Sovereign immunity does not extend to protect an employee’s

Answer 17

wanton or grossly negligent behavior.