Municipal Law & Governance Flashcards

A city council member who has a financial interest in a contract before the council should, at minimum:

Answer: Disclose the conflict and recuse from voting on the matter

Conflict of interest laws require disclosure and recusal to protect the integrity of the public decision-making process.

Which form of municipal government features a professionally trained administrator appointed by the elected council?

Answer: Council-manager form

The council-manager form separates policy-making (elected council) from professional administration (appointed city manager).

Municipal 'enabling legislation' refers to:

Answer: State statutes that authorize local governments to perform specific functions or adopt particular regulations

Enabling legislation is the state-level grant of authority that empowers municipalities to act in areas such as zoning, taxation, and code enforcement.

A 'quorum' in a municipal legislative body is typically defined as:

Answer: The minimum number of members required to be present to conduct official business

A quorum is the threshold number of members that must be present for the body to legally transact business and take binding votes.

Under the Open Meetings Act (sunshine laws), executive sessions are generally permitted for which purpose?

Answer: Discussing pending or threatened litigation with legal counsel

Most state open meetings laws allow closed sessions for attorney-client privileged discussions of litigation, as well as personnel matters and real property negotiations.

The doctrine of 'respondeat superior' in municipal law means that a city may be liable for:

Answer: Tortious acts of its employees committed within the scope of employment

Respondeat superior (Latin: 'let the master answer') holds employers liable for employees' negligent acts performed in the course of their duties.

When a municipality enacts a 'sunset provision' in an ordinance, it means the law:

Answer: Automatically expires on a specified date unless affirmatively renewed

Sunset provisions build in an automatic expiration date, requiring the legislature to actively re-enact the law if it is to continue in effect.