CMC Local Government Law & Ethics 3 — Questions and Answers
Question 1: Which type of municipal ordinance establishes permanent rules governing conduct within the municipality?
- Resolution
- Proclamation
- General ordinance (Correct answer)
- Emergency ordinance
Correct answer: General ordinance
General ordinances are permanent legislative enactments that establish rules of conduct and carry the force of law within the municipality.
Question 2: A municipal clerk discovers that an ordinance was published with a typographical error in a dollar amount. What is the proper remedy?
- The clerk corrects it administratively without council action
- The council adopts a corrective ordinance or amendment (Correct answer)
- The ordinance is automatically void
- The clerk annotates the error in the official record
Correct answer: The council adopts a corrective ordinance or amendment
Substantive errors in adopted ordinances must be corrected through the formal legislative process by adopting an amending or corrective ordinance.
Question 3: What is the purpose of a 'grandfather clause' in a municipal zoning ordinance?
- To exempt elderly residents from certain regulations
- To allow pre-existing nonconforming uses to continue under new regulations (Correct answer)
- To give senior council members priority in committee assignments
- To protect historical buildings from demolition
Correct answer: To allow pre-existing nonconforming uses to continue under new regulations
A grandfather clause allows lawfully established uses or structures that do not conform to new zoning regulations to continue operating as nonconforming uses.
Question 4: Which of the following best describes 'home rule' authority?
- The ability of residents to govern their own households
- A municipality's constitutional or statutory authority to govern local affairs without state legislative approval (Correct answer)
- The county's authority over unincorporated areas
- The power to annex neighboring territories
Correct answer: A municipality's constitutional or statutory authority to govern local affairs without state legislative approval
Home rule grants municipalities the power to legislate on local matters without needing express state authorization, contrasting with Dillon's Rule.
Question 5: Under the Americans with Disabilities Act (ADA), municipalities must ensure that:
- All buildings constructed before 1990 are immediately demolished and rebuilt
- Programs and services are accessible to persons with disabilities, not necessarily every facility (Correct answer)
- Only federally funded programs comply with accessibility requirements
- ADA compliance is optional for municipalities with fewer than 50 employees
Correct answer: Programs and services are accessible to persons with disabilities, not necessarily every facility
The ADA requires that municipal programs and services be accessible to persons with disabilities, using a program-access rather than facility-by-facility standard for older buildings.
Question 6: What is a 'quasi-judicial' function of a local government body?
- Adopting a new ordinance
- Approving the annual budget
- Deciding a specific permit application based on established criteria (Correct answer)
- Negotiating a labor contract
Correct answer: Deciding a specific permit application based on established criteria
Quasi-judicial functions involve applying established legal standards to specific facts to reach a decision, such as ruling on a variance application or zoning appeal.
Question 7: Which of the following is typically considered a 'proprietary function' of a municipality rather than a 'governmental function'?
- Police protection
- Fire suppression
- Operating a municipal electric utility (Correct answer)
- Conducting a municipal election
Correct answer: Operating a municipal electric utility
Proprietary functions are those the municipality performs in a business-like capacity for profit or revenue, such as utilities, while governmental functions are core public services.
CMC Local Government Law & Ethics 3
Which type of municipal ordinance establishes permanent rules governing conduct within the municipality?