Local Government Law & Ethics Flashcards

What is the 'equal protection' requirement as it applies to local government ordinances?

Answer: A municipality cannot treat similarly situated persons differently without a rational basis

The Equal Protection Clause requires that government not treat similarly situated people differently without at least a rational basis related to a legitimate government interest.

A city council wants to annex adjacent unincorporated territory. Which factor is NOT typically required for annexation?

Answer: Approval of the state legislature for every annexation

Most state annexation laws allow municipalities to annex without individual state legislative approval, as long as statutory procedural requirements are met.

Which of the following is an example of a municipal clerk's role in the ethics compliance process?

Answer: Maintaining and making available financial disclosure statements filed by officials

Municipal clerks typically serve as the filing officer for financial disclosure statements, making them available for public inspection as required by ethics laws.

What distinguishes 'express preemption' from 'implied preemption' of local ordinances by state law?

Answer: Express preemption is stated explicitly in state law; implied preemption occurs when state law so thoroughly occupies a field that local regulation is precluded

Express preemption occurs when the state explicitly prohibits local regulation, while implied preemption arises from the comprehensiveness of state regulation in an area.

Under the Hatch Act, which category of local government employees is restricted from engaging in partisan political activity?

Answer: Employees whose principal employment is in connection with federally funded activities

The Hatch Act restricts political activity by state and local employees whose principal employment is in connection with programs financed in whole or part by federal loans or grants.

What is 'promissory estoppel' and when might it apply against a municipality?

Answer: A legal doctrine preventing a party from backing out of a clear promise when another party reasonably relied on it to their detriment

Promissory estoppel may prevent a municipality from reneging on a clear and definite promise when a party reasonably relied on that promise and suffered a detriment as a result.

When a municipal charter conflicts with a state statute on a matter of purely local concern in a home rule jurisdiction, which generally prevails?

Answer: The charter prevails on purely local matters in home rule jurisdictions

In home rule jurisdictions, municipal charters and ordinances on purely local matters generally prevail over conflicting state statutes, though statewide matters remain under state control.