VA Local Government Flashcards
Under Dillon’s Rule, all powers of a locality must be:
Under this Rule, powers for this must be 1) expressly granted by statute or charter; 2) necessarily or fairly implied from those expressly granted powers; or 3) essential and indispensable to the declared objectives and purposes of this
In order for an agent of a local governing body to exercise discretion in administration of local ordinances, the discretion must be:
For an agent of a local governing body to do this, it must be subject to fixed and readily ascertainable standards
Negligence claims are typically barred unless:
These are typically barred unless the claimant has filed, 1) with the proper designated officer,; 2) a written statement of the nature of the claim,; 3) including time & place injury occurred; 4) within six-months after cause of action accrued
Zoning decisions of a local government are considered:
This is considered to be legislative decisions
The party attacking the validity of a zoning decision has what burden?
This party has the burden of establishing that the zoning decision was not reasonable
Zoning decisions by city council are considered reasonable if:
These are considered reasonable if the matter under consideration is fairly debatable
If acquisition of only part of property would leave owner with an economic remnant, this must occur:
The local government must offer to acquire entire property for its FMV if it would leave an uneconomic remnant (the owner does not object and desire to maintain ownership over)
In order for a city to change its status to a town, the governing must do what?
This must pass an ordinance petitioning the circuit court in order to obtain the change in status
A town seeking to become a city must have this many people, but a city with this many people can petition to be a town
For this to become this, requires 5,000 people; for the inverse, fewer than 50,000
Urban County Executive Form
This local government unit is: unincorporated area of state given enumerated authority over areas by law; population over 90k w/no new municipalities established. Gov’d by board, not liable for employee negligence
County Manager Plan
This local government unit is: unincorporated area of state given enumerated authority over areas by law; population density over 5000 per sq.mi, exempt from annexation by adj. cities unless entirely annexed by referendum
Cities
This is an independent incorporated community w/ population of 5,000 or more; munis incorporated as cities are indep. of county
Towns
This is an incorporated community w/in 1 or more counties that have populations of 1,000 or more; not indep. of counties, share gov’t. functions
Servicing Authorities
This serves specific public function (water/sewer sanitation, public housing/ed, toll roads)
Local government charter does what for local entities?
This grants power to the government and defines the extent of delegated power; provides all powers set forth in Uniform (this) Powers Act (police powers)
Local Entity Creation:
General Assembly grants/amends charter, then public election/hearing must be held to determine if voters want it
Local Entity Creation: Challenge titling:
This 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:
For community to become town in this, citizens may present petition to the circuit court
Annexation: Process
1) Ordinance w/ 51% approval of landowners passes, 2) locality notifies Commission on Local Gov’t and all governments w/in zone/those sharing funds, 3) petition is reviewed by 3-panel judge to determine necessity & expediency
Annexation: Factors
To determine this, Court’s contemplate: best interests of people of locality, services rendered and needs in area proposed, best interests of people in remaining/other portion, best interests of state in promoting strong & viable units of government
Annexation: Immunity
The county or town must have either total population of 20k or at least 50k
Annexation: Partial Immunity
This is granted to the portions of the county that provide urban services (sewage treatment, zoning, crime prevention/detection, libraries)
Corporate Contraction:
Court confirms this and declares territory abandoned if: This does not leave a statutorily determined debt, <75%of landowners oppose, it will not cause substantial damage to those owning property, and in the best interest of city/town
Change of Municipal Status: Town to City
Will be granted if special court finds: This has min. pop of 5,000, has ability to function as an independent this/able to provide appropriate urban-type services,
Virginia FOIA: Generally
This guarantees VA citizens/media reps access to public records; presumption that all records and meetings are open
Virginia FOIA: Public bodies/public records
Both broadly defined; each body must designated one officer who is responsible for coordinating the public body’s compliance with this
Virginia FOIA: Public Record Exemptions (Any Body)
These are exempt from this: Personnel information, protected attorney-client/work-product info, tests/exams, lawfully compiled records of closed meetings, proprietary processing software, appraisals of real property subject to purchase/loan, information about negotiation and awarding contract, any credit card numbers
Virginia FOIA: Public Record Exemptions (Specific Body)
These are exempt from this: Records relating to public safety/security systems of public bodies, information relating to administrative investigations, educational/health records, proprietary records/trade secrets
Virginia FOIA: Criminal Records (Mandatory Release)
Criminal incident info relating to felony offenses (inc. adult arrestee booking photos) must be what?
Virginia FOIA: Criminal Records (Discretionary Release)
Criminal investigative files (unless prohibited) may be what?
Virginia FOIA: Criminal Records (Prohibited Release)
Identity of individual providing information about crime/criminal activity under promise of anonymity may not be what?
Virginia FOIA: Request Production
To do this, must identify requested records w/ reasonable specificity (does not have to b pursuant to FOIA)
Virginia FOIA: Custodian has five working days to produce:
This person may: provide the requested records, deny the request, provide some/deny others, indicate that they could not be found/do not exist, or indicate that it is not practically possible to comply with request
Virginia FOIA: Open Meetings
Generally, should be physically assembled; may be permitted otherwise if state of emergency & nature of emergency makes meeting inperson unsafe
Virginia FOIA: Remote Participation of Member
One or more members may do this at open meetings due to disability, medical care of family member, residence more than 60miles from meeting, or personal matter
Virginia FOIA: Open Meeting Notice
This must occur at least three working days prior to meeting
Virginia FOIA: Open Meeting Minutes
These must be recorded and included the date/time location, the members of the public body recorded as present/absent, and a summary of the discussion, including votes taken
Virginia FOIA: Open Meeting Recording
Any person may to this to any portion of a meeting, subject to rules regarding placement and use of equipment
Virginia FOIA: Open Meeting Voting
Only at this may a public body vote to authorize a transaction of public business; no secret/written ballots; members may contact each other so long as contact does not constitute a meeting
Virginia FOIA: Closed Meetings
These have specific statutory purposes: discussion/consideration/interviews of prospective candidates, discussion of acquisition/disposition of real property for public use, consultation w/legal consul & briefings regarding litigation
Virginia FOIA: Enforcement Proceedings
Any person denied rights conferred by FOIA may file a petition for mandamus or injunction in his own name to do this:
Virginia FOIA: Enforcement Proceedings Venue vs. local pub body
This is in GDC/CC where local public body has been elected or appointed
Virginia FOIA: Enforcement Proceedings Venue vs. regional pub body
This is in GDC/CC where principal business office is located
Virginia FOIA: Enforcement Proceedings Venue vs. state agency
This is in GDC/CC where aggrieved party resides (Or City of Richmond)
Virginia FOIA: Enforcement Proceedings Hearing
A petition in this action must be heard w/in 7 days of filing, provided the party against has received petition 3 days prior to filing
Virginia FOIA: Enforcement Proceedings Burden of Proof Exclusions
The public body bears this to to establish exclusion by a preponderance of evidence; court is not required to give weight to determination
Virginia FOIA: Enforcement Proceedings Remedies
A successful petitioner is entitled to recover reasonable costs (unless special circumstances make it unjust); Violators personally subject to fine
Dillon’s Rule states this:
Localities have no inherent power (no presumption of valid power); must be expressly granted by statute/charter OR necessarily/fairly implied by powers OR essential and indispensable to locality’s objectives
Delegation of power (reasonable selection method rule)
Locality has reasonable discretion in delegating admin/ministerial determinations; powers w/ fixed & readily ascertainable standards when not left to discretion of person/body charge with power may be re-delegated only (think to police)
Preemption (Locality v. State law)
A locality cannot enact ordinance inconsistent with state, and state may do this to entire field of policy; both state and local have concurrent jurisdiction over same SMJ relating to local affairs
State Delegates: powers necessary to govern and administer proper authority for a public purpose:
These include enacting/enforcing ordinances, tax, sue/be sued, enter into contracts, acquire/hold/dispose of revenue/personal/real property, condemn through eminent domain, borrow money, issue tax exempt bonds w/out interest’ may be granted if specific to county
Police Power: Municipalities
This is all necessary power and authority to “secure & promote general welfare of inhabitants” in this; can limit/regulate/prohibit personal/commercial activity w/out compensation, promote public health/safety/general welfare
Police Power: Counties
This is less broad than that extended to municipalities; includes quarantine regulations, regulations to prevent spread of disease, regs to prevent pollution of water dangerously
Ordinances: Enactment
These may be adopted/amended/appealed by simple majority vote of public body at public meeting; affected must receive notice; becomes effective upon adoption/date fixed
Ordinances: Notice
County government must do this through newspaper circulated in county before enactment; must provide info on content and place where citz can express concerns
Ordinances: Language
These must be clear/certain/definite so reasonable person knows if there is penalty for action/reaction
Ordinance: Judicial review Burden
This is on party alleging invalidity; validity overcome by clear & convincing evidence
Power to Incur Debt
Localities have no inherent power to borrow money/accrue debt; do have power to contract debts for local projects, borrow money for project, and issue bonds to pay for all/part of project
Debt Limit for Cities
This cannot exceed 10% of assessed valuation of real estate in municipality
Debt Types not considered for City Debt Limit
These types of indebtedness are not this: Revenue anticipation bonds (mat. w/in 1 year), Special fund doctrine bonds (receipts must cover 5yrs operation), Authorized contract obligations (author by interstate/GA for public owned/regional project)
Power to tax
Localities have this power as deemed necessary to pay debts/defray expenses/accomplish purposes and functions of municipal corporation (BUT NOT INCOME)
Exercising power of the locality requires this:
A meeting with quorum present for any local governing body may do this generally:
Eminent Domain: Public use
This includes possession/ownership/occupation/enjoyment to public, public facilities by public corp, public service corp/railroad, provision of authorized utility service, elimination of blight (endangers pub health/safety)
Eminent Domain: Requirements generally
Property may only be taken if 1) public interest dominates private gain or 2) primary purpose is not private financial gain/benefit/increase in tax base/increase employment/econ development
Eminent Domain: Amount
This is no more private property than necessary to achieve unstated purpose (unless uneconomic remnant would be left, then must offer to purchase whole)
Eminent Domain: Condemnation Proceeding Timing
This may not be initiated until government makes bona fide effort to purchase property
Eminent Domain: Condemnation Proceeding
Petition circuit court, must prove use is public; must include description of property, estate/interest rights to be taken, authority for taking, necessity of work/improvement, public uses for property taken
Eminent Domain: Just Compensation
Property owner is entitled to this, no less than FMV at time of taking/damaging; must prove loss cannot be reasonably prevented with relocation
Eminent Domain: Inverse Condemnation
This is a contract action brought by landowner of private property for recovery of failure to pay for just compensation; unreasonable interference with ingress/egress, government-caused flooding
Adverse Possession by Local Government
Local government may acquire title through actual, continuous, hostile, open notorious and exclusive use of it
Sale of Land
City/town CANNOT sell rights to waterfront/wharves/public landings/docks/streets/avenues/parks/bridges/public places w/out ordinance passed by 3/4ths all members elected to governing body
Lease of public property
this may not be granted for period longer than 40 years, or 60 for the air
County Immunity from Tort Liability
This locality enjoys immunity from all tort liability, even when acting in proprietary capacity (may be sued for inverse condemnation)
Municipality Immunity from Tort Liability
This locality enjoys sovereign immunity from tort liability for governmental functions, but not proprietary
Tort Immunity: Governmental Functions
These include police powers/emergency services, operation of hospitals/public ed facilities, and garbage removal/flooding/erosion control
Tort Immunity: Proprietary Functions
These include provision of utilities, routine street maintenance, routine maintenance of rec facilities (GROSS negligence), operation of housing authorities
Tort Immunity: Simultaneous Functions
These include snow removal, removal of trees felled by hurricanes, and repair of malfunctioning traffic light
Sovereign Immunity: Government Employees
This extends to ordinarily negligent government employees performing a governmental function
Sovereign Immunity: Government Employees Factors Considered
These include: 1) nature of the function 2) extent of government interest/involvement in function 3) degree of control government exercises; AND 4) employee’s discretion in act
Respondeat Superior: Requirements for Liability to attach to Municipality
Injured party must show 1) municipality had ability to control agent’s actions and 2) agent was acting w/in scope of employment
Sovereign Immunity: Members of Governing Bodies
These enjoy immunity from suits from exercise/failure of discretionary/governmental authority; does not extend to intentional/willful misconduct, gross neg
Sovereign Immunity: Effect on SMJ
When this applies, there is not SMJ and gov defendant cannot waive issue; may be raised 1st time on appeal
Liability for Negligence
Municipalities may be found this arising from proprietary functions
Liability for Incidents arising at Park/Rec Facility/Playground
A municipality may only be found for gross negligence for the maintenance/operation of these:
Liability for incidents arising at trails/waterways
A municipality may only be found for gross negligence/willful misconduct at these:
Liability for incidents arising from slight defects:
A municipality is free from negligence as a matter of law for these:
Municipality Defense to Negligence Liability: Contributory Negligence
This may be alleged as an affirmative defense by municipalities in this type of action
Municipality Defense to Negligence Liability: Notice Requirements
Plaintiff must show actual/constructive notice to municipality of existence of defect; must provide written statement of notice w/in 6 months of incident unless government official has actual notice
Nuisance Liability
A locality (non-county) may be liable for creating/maintaining a substantial one of these:
