CMO Legal & Regulatory Compliance 4 — Questions and Answers
Question 1: 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?
- Emails scheduling routine council meetings
- Emails containing attorney-client privileged legal advice (Correct answer)
- Emails about budget planning sent to department heads
- Emails congratulating an employee on a work anniversary
Correct 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.
Question 2: A city adopts a new land-use regulation that significantly reduces the value of a landowner's property. This situation may constitute a:
- Regulatory taking requiring compensation under the Fifth Amendment (Correct answer)
- Valid exercise of police power with no compensation owed
- Violation of the Eighth Amendment's excessive fines clause
- Protected legislative act immune from judicial review
Correct 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.
Question 3: Under the Family and Medical Leave Act (FMLA), which of the following municipal employees is eligible for FMLA leave?
- A part-time employee who worked 800 hours in the past year
- A full-time employee who worked 1,250 hours in the past 12 months at a location with 50+ employees (Correct answer)
- A seasonal employee regardless of hours worked
- Any municipal employee because all governments are covered employers
Correct 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.
Question 4: 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?
- The session must be open to the media upon request
- Minutes or a record of the session must be kept (Correct answer)
- All votes on litigation strategy must be taken in open session
- The public may observe but not participate
Correct 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.
Question 5: A municipality is sued for breach of contract by a vendor. Under the doctrine of sovereign immunity, how are most such claims handled today?
- Sovereign immunity provides absolute protection against all contract claims
- Most states have waived sovereign immunity by statute for contract claims against municipalities (Correct answer)
- The federal government must authorize any suit against a municipality
- Contract claims are barred unless the mayor personally signed the contract
Correct 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.
Question 6: Which constitutional amendment prohibits a municipality from conducting an unreasonable search of a business without a warrant?
- Fourth Amendment (Correct answer)
- Fifth Amendment
- Fourteenth Amendment
- First Amendment
Correct 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.
Question 7: A city's building code requires inspections of rental properties. A landlord refuses entry. To conduct a warrantless inspection, the city must demonstrate:
- Exigent circumstances or that the landlord consented to periodic inspections as a licensing condition (Correct answer)
- That the property is located in a commercial zone
- That a prior complaint was filed by a tenant
- That the property failed a prior inspection
Correct 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.
CMO Legal & Regulatory Compliance 4
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?