Themis Essay 5389

Question 1

Dillon’s Rule limits the legislative power of

Answer 1

local governments, such as a city council or county board of supervisors.

Question 2

Under Dillon’s Rule, localities, as agencies created by the Commonwealth, have

Answer 2

no inherent power.

Question 3

Under Dillon’s Rule, all power to a local government must be:

Answer 3

(i) expressly granted by statute or charter;
(ii) necessarily or fairly implied from those expressly granted powers; or
(iii) essential and indispensable to the locality’s declared objectives and purposes.

Question 4

Any reasonable doubt concerning the existence of power of a local government is resolved by the courts

Answer 4

against the local government.

Question 5

If no delegation of power from the Commonwealth can be found to authorize a local government’s action, then

Answer 5

it is void.

Question 6

When a power has been delegated to a local government but the manner of its execution has not been specified, then

Answer 6

the “reasonable selection method” rule applies.

Question 7

Under the “reasonable selection method” rule, a locality has

Answer 7

reasonable discretion as to the manner in which the power is executed.

Question 8

Counties generally cannot be

Answer 8

sued in tort.

Question 9

Counties enjoy sovereign immunity from all tort liability for all activities of their

Answer 9

officers, agents, and employees, even when the county is acting in a proprietary capacity.

Question 10

A plaintiff may sue a county in an inverse condemnation action for compensation for property wrongfully damaged or taken when

Answer 10

a tort is committed that involves damage to or the taking of property.

Question 11

The governing body of a local government may generally exercise any of the powers conferred upon it at

Answer 11

any meeting of the governing body at which a quorum is present.

Question 12

A majority of the governing body constitutes a

Answer 12

quorum.

Question 13

Virginia law generally requires that all meetings of a public body must be

Answer 13

open.

Question 14

Virginia generally prohibits a meeting from being conducted or votes being cast through

Answer 14

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

Question 15

A local government’s public body may only hold a vote during

Answer 15

an open meeting in accordance with Virginia law.

Question 16

No public body can vote by

Answer 16

secret or written ballot.

Question 17

Virginia’s Freedom of Information Act guarantees access to public records maintained by a public body to

Answer 17

Virginia citizens and media representatives.

Question 18

There is a presumption that all public records are open, unless

Answer 18

an exemption is properly invoked.

Question 19

Virginia’s Freedom of Information Act provisions are to be liberally construed to afford

Answer 19

every opportunity to citizens to witness the operations of government.

Question 20

There is an exemption to Virginia’s Freedom of Information Act for information about

Answer 20

negotiations and awards of specific contracts where competition or bargaining is involved and releasing such information would adversely affect the bargaining position or negotiating strategy of the public body.

Question 21

There is no Freedom of Information Act exemption for

Answer 21

an actual contract itself.

Question 22

The custodian of a public record has ___________ _______________ days in which to respond to a Freedom of Information request.

Answer 22

five working days

Question 23

For a requested record through the Freedom of Information Act, a public body may impose

Answer 23

reasonable charges not to exceed the actual cost incurred to produce the record.