Municipal Law & Governance Flashcards

A 'special assessment' levied by a municipality is distinguished from a general property tax because it:

Answer: Is charged only to properties receiving a specific local improvement benefit

Special assessments fund improvements such as sidewalks or sewer lines and are levied only on properties that receive a direct, measurable benefit from the improvement.

Which constitutional provision most directly requires that municipalities provide procedural due process before terminating a public employee with a property interest in continued employment?

Answer: Fourteenth Amendment Due Process Clause

The Fourteenth Amendment prohibits states (and their municipalities) from depriving persons of property without due process, which includes notice and a hearing before termination of protected employment.

A municipal ordinance that regulates the time, place, and manner of expressive activity in a public forum must be:

Answer: Content-neutral, narrowly tailored, and leave open alternative channels of communication

First Amendment doctrine allows content-neutral time, place, and manner restrictions in traditional public forums only if they are narrowly tailored to serve a significant government interest and leave alternative avenues for expression.

In a 'strong mayor' form of government, the mayor typically has the authority to:

Answer: Veto ordinances and appoint department heads without council confirmation

The strong mayor form concentrates executive power in the elected mayor, who controls the budget, appoints and removes department heads, and can veto council legislation.

The 'initiative' process in local government allows citizens to:

Answer: Propose and enact ordinances directly by voter petition and referendum

The initiative allows voters to bypass the legislative body by gathering petition signatures to place a proposed law on the ballot for direct voter approval.

Under the 'municipal immunity' doctrine for proprietary functions, a city is generally treated like a:

Answer: Private business and may be sued in tort for negligence

When performing proprietary (business-like) functions such as operating a utility or parking garage, municipalities lose governmental immunity and are subject to the same tort liability as private entities.

A city clerk discovers that a recently adopted ordinance was passed without the required number of readings mandated by the city charter. The ordinance is most likely:

Answer: Void or voidable due to a procedural defect in adoption

Failure to follow mandatory charter procedures for enacting ordinances is a jurisdictional defect that renders the ordinance void or subject to invalidation.