CMC Legal & Legislative Processes 3 — Questions and Answers
Question 1: Which type of municipal legislation typically establishes permanent rules governing conduct within the jurisdiction?
- Resolution
- Motion
- Ordinance (Correct answer)
- Proclamation
Correct answer: Ordinance
Ordinances are the primary law-making instrument of local government, creating binding and permanent rules enforceable by penalties.
Question 2: A city council passes an emergency ordinance to address an immediate public safety threat. What distinguishes an emergency ordinance from a regular ordinance?
- It requires a unanimous vote and takes effect immediately
- It can bypass the public hearing requirement entirely
- It typically requires a supermajority and takes effect upon adoption (Correct answer)
- It must be ratified by the state legislature within 90 days
Correct answer: It typically requires a supermajority and takes effect upon adoption
Emergency ordinances commonly require a supermajority vote and become effective immediately upon adoption rather than after the standard waiting period.
Question 3: Under Roberts Rules of Order, what happens to a motion that fails to receive a second?
- The chair tables it automatically
- The motion dies for lack of a second (Correct answer)
- The governing body votes on it anyway
- It is referred to committee
Correct answer: The motion dies for lack of a second
Without a second, a motion fails immediately because no other member has indicated interest in discussing it, and it dies without further action.
Question 4: What is the legal significance of the effective date specified in an ordinance?
- It determines when the ordinance is filed with the state
- It is the date on which the ordinance becomes enforceable law (Correct answer)
- It establishes the deadline for public comment
- It sets the start of the fiscal year for the ordinance's appropriation
Correct answer: It is the date on which the ordinance becomes enforceable law
The effective date is when the ordinance becomes legally operative and violations may be prosecuted or civil remedies pursued.
Question 5: Which legal concept prevents a municipality from being sued without its consent?
- Qualified immunity
- Sovereign immunity (Correct answer)
- Legislative privilege
- Governmental preemption
Correct answer: Sovereign immunity
Sovereign immunity historically barred suits against government entities without their consent, though most states have partially waived it by statute.
Question 6: A council member who has a financial interest in a matter before the council is generally required to:
- Vote in favor of the majority position to avoid bias claims
- Disclose the interest and abstain from voting (Correct answer)
- Resign from the council before the vote
- Request a legal opinion before casting any vote
Correct answer: Disclose the interest and abstain from voting
Conflict-of-interest laws typically require disclosure of the financial interest and recusal from voting to prevent self-dealing.
Question 7: What does the term 'enabling legislation' mean in the context of municipal law?
- A state law that grants local governments authority to act in a specified area (Correct answer)
- A local law that authorizes the mayor to declare emergencies
- Federal legislation that funds local infrastructure projects
- An ordinance enabling citizens to attend closed sessions
Correct answer: A state law that grants local governments authority to act in a specified area
Enabling legislation is a state statute that authorizes municipalities to exercise powers or regulate subjects they could not address without that grant.
CMC Legal & Legislative Processes 3
Which type of municipal legislation typically establishes permanent rules governing conduct within the jurisdiction?