Legal & Regulatory Compliance Flashcards

A resident submits a public records request under the state's open records law for all emails sent by the city manager. Which of the following emails is most likely exempt from disclosure?

Answer: Emails containing attorney-client privileged legal advice

Communications between a municipal attorney and city officials for the purpose of obtaining legal advice are protected by attorney-client privilege and typically exempt from public records disclosure.

A city adopts a new land-use regulation that significantly reduces the value of a landowner's property. This situation may constitute a:

Answer: Regulatory taking requiring compensation under the Fifth Amendment

When a regulation goes too far in diminishing property value, courts may find a regulatory taking under the Penn Central test or the Lucas rule, requiring just compensation.

Under the Family and Medical Leave Act (FMLA), which of the following municipal employees is eligible for FMLA leave?

Answer: A full-time employee who worked 1,250 hours in the past 12 months at a location with 50+ employees

FMLA eligibility requires working at least 12 months for the employer, at least 1,250 hours in the past 12 months, and at a worksite where 50+ employees are employed within 75 miles.

A city council holds a closed executive session to discuss pending litigation. Under most state open meetings laws, which requirement still applies during an executive session?

Answer: Minutes or a record of the session must be kept

Even when meetings are lawfully closed for an exempt purpose such as pending litigation, most state laws require that minutes or a sealed record of the session be maintained.

A municipality is sued for breach of contract by a vendor. Under the doctrine of sovereign immunity, how are most such claims handled today?

Answer: Most states have waived sovereign immunity by statute for contract claims against municipalities

Most states have enacted statutes waiving sovereign immunity for contract claims, allowing vendors and contractors to sue municipalities in appropriate courts.

Which constitutional amendment prohibits a municipality from conducting an unreasonable search of a business without a warrant?

Answer: Fourth Amendment

The Fourth Amendment's protection against unreasonable searches and seizures applies to businesses as well as residences, generally requiring a warrant or recognized exception.

A city's building code requires inspections of rental properties. A landlord refuses entry. To conduct a warrantless inspection, the city must demonstrate:

Answer: Exigent circumstances or that the landlord consented to periodic inspections as a licensing condition

Administrative searches require either consent, exigent circumstances, or an administrative warrant; however, landlords who accept licenses with inspection conditions may be deemed to have consented.