6.2 Forms and Functions of Local Governments

• Library: A Guide to Legal Research in Virginia (Virginia CLE) (2021 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 political subdivisions of the state created to carry out local governance.¹ The legislature determines the functions and powers of local governments, subject to constitutional guidelines.²

Virginia localities' powers are strictly interpreted in accordance with a rigid rule of construction known as Dillon's Rule. Powers are limited to those that the General Assembly expressly grants, are necessarily or fairly implied from those powers, and are essential and indispensable.³

In general and absent a statutory waiver, counties share in the commonwealth's sovereign immunity from tort liability.⁴ 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 is immune from tort liability in exercising governmental functions.⁵ 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.⁶

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

A. City. A city is an "independent incorporated community which became a city as provided by law" before July 1, 1971, "or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law.⁷ 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 legally became a town before July 1, 1971, "or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law."⁸

C. County. A county is a subdivision of the commonwealth that performs local governmental functions.⁹

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 General Assembly."¹⁰ This type of entity is intended to address metropolitan issues that extend beyond the territorial limits of a single locality.¹¹

E. Service Authority. A service authority is a single-purpose entity, such as a publicly controlled park, sewer, water, sanitation, or recreational facility authority.¹²

F. Governing Bodies. In general, the powers granted to counties, cities, and towns are vested in their governing bodies.¹³ A city's or town's council and a county's board of supervisors¹⁴ have authority to pass ordinances, levy taxes, appropriate funds, and generally administer the locality's government.¹⁵

G. Charter. A charter is a locality's organic law, analogous to a federal or state constitution.¹⁶

H. Ordinance. An ordinance is a legislative act passed by a locality's governing body and is the local counterpart of a federal or state statute.¹⁷ Just as federal and state governments codify their statutes, many cities and counties organize and publish their ordinances as codes.

6.202 Sources of Local Government Law.

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