Legal & Legislative Processes Flashcards

Which document is typically codified into the municipal code after passage?

Answer: Ordinances

Ordinances create permanent law and are compiled into the municipal code; resolutions and proclamations address temporary or administrative matters and are not codified.

At a public hearing on a proposed zoning change, a citizen objects that the hearing notice was published only four days in advance instead of the required ten days. The proper outcome is:

Answer: Reschedule the hearing after proper notice is given

Inadequate public notice is a procedural defect that invalidates the hearing; the council must reschedule to comply with statutory notice requirements.

Which term describes the act of a legislative body formally approving a previously unauthorized act performed by an official?

Answer: Ratification

Ratification is the retroactive approval of an action that lacked prior authorization, giving it legal validity from the date of the original act.

Under the Freedom of Information Act principles, which category of records is most commonly exempt from public disclosure?

Answer: Personnel files containing personal employee information

Personnel files typically contain private information such as medical records and disciplinary history that qualify for exemption to protect employee privacy.

What is a 'sunset provision' in an ordinance or statute?

Answer: A provision that automatically terminates the law on a specified future date

A sunset provision includes an expiration date, after which the law automatically ceases to have effect unless the legislative body acts to renew it.

A municipality wants to annex adjacent unincorporated territory. Which step is typically required first?

Answer: Filing a petition or resolution of intent with the appropriate state authority

State annexation statutes generally require the municipality to file a formal petition or resolution of intent before proceeding with annexation proceedings.

Which legal principle requires that legislative authority delegated to a local government cannot be further delegated to an unelected individual without express authorization?

Answer: Non-delegability doctrine

The non-delegability doctrine holds that a body entrusted with legislative power may not sub-delegate that authority unless the enabling statute expressly permits it.