Local Government Law-CLGPO
What is Public Body?
"Public body" means an appointed authority that is authorized to exercise a legislative, policy-making, quasi-judicial, administrative or advisory function. It does not include a meeting solely among the professional staff of a public body.
What questions should you ask yourself when determining how to respond to request for access to public records?
(1) Does a record exist that corresponds to the request? (2) Is the record "made or received in the transaction of public business?" (3) Is there an exception that applies? (4) Does the exception apply to the entire record, or only to certain information, and does it prohibit disclosure or does it deny the right of access?
What is Civil Law?
Civil Laws are Laws that affect relationships amongst individuals : Contract law Tort law
What are Common Law
Common Law- a collection of legal principles and rules created by courts and legislative bodies over time- exists on federal, state and local level.
What is the Supremacy Clause?
Federal law of any form preempts any conflicting state law.
What is a Courtesy System?
Local Act "Courtesy System"- states that if the delegation of legislators that represents a particular county favor a local bill, then the rest of the General Assembly will vote for that local bill as a courtesy to that delegation.
What is the extent of power for Local Governments?
Local governments have delegated power as directed by State law. They may adopt laws, called ordinances, that apply only within their own jurisdictions. Generally these ordinances may deal only with subjects not already covered by state law.
What are Statutes?
law passed by legislative bodies that are enacted to restate or change common law- exists on federal, state and local level.
What are Constitutions?
the basic charter for a government- law that describes that government and the relationships of its different parts to one another, and describes the basic rights of citizens- exists on federal and state level.
What are Adminstrative Regulations?
Administrative Regulations- rules adopted by government agencies to administer the law passed by legislative bodies- exists on federal, state and local level.
What is an Official Meeting?
An "official meeting" means a meeting that is called to transact the public business. It does not include a social meeting or an informal assembly.
What is Public Law?
Public Law Includes criminal, administrative, and constitutional laws. Administrative laws include: Statutes Case law (common law) Administrative regulations and rules
What is the Public Purpose Limitation?
In a nutshell, the Public Purpose Limitation states that public money must be spent for a public purpose and for a public benefit. For a use to be public, its purpose and benefit must be in common and not particular. The ultimate net gain or advantage must be the publics. May local governments appropriate funds to private agencies? It depends on the use and accountability of the funds. It doesn't depend on who is asking for the funds, but rather it depends on the purpose for which the funds ultimately will be spent. Constitutional law requires that all public funds, no matter their source, be expended for the benefit of the citizens and not solely for the benefit of particular persons or interests. Additionally, statutory law states that the appropriation must be used to "carry out any public purpose that the local government is authorized by law to engage in."
What Public Records are exempt from disclosure?
Most personnel records (name, age, employment date, position and title, salary and location of current assignment are not exempt) Most criminal investigation records (the time, date, location and nature of an apparent violation of law, as well as the name, sex, age, address, employment and alleged violation of law of a person arrested, charged or indicted are not exempt) Confidential communications by legal counsel to public board or agency Tax records that show income or receipts Business trade secrets Most medical records Public enterprise billing information Minutes of closed sessions Information that compromises security (anti-terrorism plans, public security plans, plans and drawings for public buildings and infrastructure)
What is Principle Agent Liability?
One liability that typically arises out of the principal-agent relationship is called tort liability. Tort liability is liability that arises as a result of a wrongful act, damage or injury done willfully or negligently. State and federal laws treat principal-agent tort liabilities differently (Refer to Principal-Agent Liabilities Handout).
What is the extent of power for the General Assembly?
The General Assembly has plenary (complete) power over local governments; however, the limits of authority are defined by the State Constitution and also must be permissible within the framework of the US Constitution and federal statutes and regulations.
