6.2 Forms and Functions of Local Governments

• Library: A Guide to Legal Research in Virginia (Virginia CLE) (2017 Ed.)

6.2 FORMS AND FUNCTIONS OF LOCAL GOVERNMENTS

The Commonwealth of Virginia recognizes several types of local governments. Article VII of the Constitution of Virginia provides a framework for counties, cities, towns, and regional governments, which the General Assembly has fleshed out in general laws and special acts. General laws concerning local governments are in title 15.2 of the Virginia Code.

Local governments are subordinate political subdivisions of the state created to improve governance of local matters. The legislature determines the functions and powers of local governments, subject to constitutional guidelines. ¹

Virginia localities' powers are interpreted in accordance with a rigid rule of construction known as Dillon's Rule. Powers are limited to those that are expressly granted, necessarily or fairly

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implied from expressly granted powers, and essential and indispensable. ²

In general and absent a statutory waiver, counties share in the commonwealth's sovereign immunity from tort liability. ³ The immunity from tort liability of a municipal corporation such as a city or town involves a determination of in which of its dual capacities it was acting: governmental or proprietary. In their governmental capacity, municipal corporations act as agents of the state exercising certain powers and duties for the common public good, health, and safety. In general a municipal corporation enjoys immunity from tort liability in exercising governmental functions. ⁴ In their proprietary capacity, municipal corporations are acting for their private advantage, special corporate benefit, or pecuniary profit. A municipal corporation is not immune from tort liability in exercising proprietary functions. ⁵

6.201 Definitions. The following are terms related to local government forms and functions, with general references to some of the relevant Virginia Constitution and Code provisions:

A. City. A city is an independent incorporated community that became a city as provided by law before July 1, 1971, or has within defined boundaries a population of 5,000 or more

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and has become a city as provided by law. ⁶ Unlike cities in other states, Virginia's cities are fully independent political subdivisions separate from their surrounding counties.

B. Town. A town is any existing town or an incorporated community within one or more counties that became a town as provided by law before July 1, 1971, or has within defined boundaries a population of 1,000 or more and has become a town as provided by law. ⁷

C. County. A county is a subdivision of the commonwealth that performs local governmental functions.

D. Regional Government. A regional government is defined in the Virginia Constitution as a unit of general government organized as provided by law within defined boundaries as determined by the legislature. ⁸ This type of entity is intended to solve metropolitan problems that extend beyond the territorial limits of a single locality.

E. Service Authority. A service authority is a single-purpose entity, such as a publicly controlled park, sewer, water, sanitation, or recreational facility authority. ⁹

F. Governing Bodies. In general, the powers granted to counties, cities, and towns are vested in their governing bodies. ¹⁰ A city's or town's council and a county's board of supervisors ¹¹

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have authority to pass ordinances, levy taxes, appropriate funds, and generally administer the locality's government. ¹²

G. Charter. A charter is a locality's organic law and is analogous to a...