MMC Municipal Law & Governance 4 — Questions and Answers
Question 1: A city council member who has a financial interest in a contract before the council should, at minimum:
- Disclose the conflict and recuse from voting on the matter (Correct answer)
- Vote against the contract to demonstrate impartiality
- Request an independent audit before voting
- Defer the vote until the next regular meeting
Correct 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.
Question 2: Which form of municipal government features a professionally trained administrator appointed by the elected council?
- Council-manager form (Correct answer)
- Strong-mayor form
- Commission form
- Town meeting form
Correct answer: Council-manager form
The council-manager form separates policy-making (elected council) from professional administration (appointed city manager).
Question 3: Municipal 'enabling legislation' refers to:
- State statutes that authorize local governments to perform specific functions or adopt particular regulations (Correct answer)
- Federal block grants that fund local programs
- City charter provisions that create administrative departments
- Interlocal agreements between neighboring municipalities
Correct 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.
Question 4: A 'quorum' in a municipal legislative body is typically defined as:
- The minimum number of members required to be present to conduct official business (Correct answer)
- A two-thirds majority needed to override a mayoral veto
- The total membership of the governing board
- A simple majority of votes cast on any measure
Correct 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.
Question 5: Under the Open Meetings Act (sunshine laws), executive sessions are generally permitted for which purpose?
- Discussing pending or threatened litigation with legal counsel (Correct answer)
- Deliberating and voting on a budget amendment
- Reviewing citizen complaints about public services
- Approving the minutes of a previous meeting
Correct 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.
Question 6: The doctrine of 'respondeat superior' in municipal law means that a city may be liable for:
- Tortious acts of its employees committed within the scope of employment (Correct answer)
- Contracts signed by the mayor without council authorization
- Ordinances later declared unconstitutional by a court
- Revenue bonds that default due to budget shortfalls
Correct 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.
Question 7: When a municipality enacts a 'sunset provision' in an ordinance, it means the law:
- Automatically expires on a specified date unless affirmatively renewed (Correct answer)
- Takes effect only after a public referendum approves it
- Cannot be amended for a fixed period after adoption
- Applies only during nighttime hours as defined by local code
Correct 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.
MMC Municipal Law & Governance 4
A city council member who has a financial interest in a contract before the council should, at minimum: