Local Government Law & Ethics Flashcards
7 cards from real CMC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Local Government Law & Ethics flashcards as text
Under most state open meetings laws, what is the minimum notice period required before a public body holds a regular meeting?
Answer: 72 hours
Most state sunshine laws require at least 72 hours advance notice for regular meetings, though requirements vary by state.
Which doctrine holds that a municipal officer cannot bind the municipality to a contract that exceeds the appropriated budget?
Answer: Anti-deficiency doctrine
The anti-deficiency doctrine prohibits municipal officers from incurring obligations that exceed the amount appropriated in the budget.
A city clerk receives a public records request for emails between council members discussing pending litigation. Which exemption most likely applies?
Answer: Attorney-client privilege exemption
Attorney-client privilege protects communications between a governmental body and its legal counsel from public disclosure.
What is 'conflict of interest' in the context of municipal ethics?
Answer: A situation where a public official's personal interests could improperly influence official duties
A conflict of interest arises when a public official's private interests could compromise or appear to compromise their impartial performance of official duties.
Which legal principle prevents a municipality from being sued without its consent?
Answer: Sovereign immunity
Sovereign immunity is the legal doctrine that protects governmental entities from being sued without their consent, though most states have waived this immunity to some degree.
When a council member abstains from voting due to a conflict of interest, how is the abstention typically recorded in the minutes?
Answer: As a recusal with the stated reason
Abstentions due to conflicts of interest should be recorded as recusals with the reason noted to ensure transparency and compliance with ethics laws.
Under Dillon's Rule, a municipality may exercise only those powers that are:
Answer: Expressly granted, necessarily implied, or essential to the declared purposes of the municipality
Dillon's Rule strictly limits municipal authority to powers expressly granted by the state, necessarily implied therefrom, or essential to municipal purposes.