MMC cheat sheet

Dillon's Rule: a municipal corporation has only powers expressly granted by state law, powers necessarily implied, and powers essential to its declared purpose; doubts are resolved against the municipality.

Home rule: a charter may grant broad self-governing authority, but state statutes still preempt local ordinances in fields of statewide concern or where the legislature expressly occupies the field.

Hierarchy of authority: federal law and state constitution prevail over state statutes, then municipal charter, then ordinances, then resolutions, then administrative policies.

An ordinance is a local law of general application adopted through the charter's legislative procedure; a resolution is an administrative or temporary expression of policy and generally does not have the force of law.

Quorum is usually a majority of the full membership of the governing body, not a majority of members present; absent a quorum, no binding action may be taken except adjournment or compelled attendance.

A vote on an ordinance or tax measure commonly must be by roll call and recorded; abstentions are recorded and generally do not count as affirmative votes.

Ultra vires acts are void: a clerk or official may not act beyond statutory or charter authority even when directed by the governing body.

Conflict-of-interest statutes typically require disclosure, abstention, and sometimes physical absence from discussion; a member with a disqualifying interest may not vote.

The municipal clerk's statutory core duties usually include custodian of records, election official, minute taker, notice publisher, oath administrator, and keeper of the corporate seal.

A record is any information, regardless of format, created or received in the transaction of public business and retained as evidence of activities; personal convenience copies are not official records.

The retention schedule is the legal authority for disposition; no record may be destroyed before its minimum retention period expires unless a valid exception applies.

A legal hold suspends all destruction for records relevant to reasonably anticipated litigation, audit, investigation, or public records request; lift only in writing.

Public records request workflow: log the request, acknowledge in writing, clarify scope, search all custodians and formats, apply exemptions with citations, redact, release nonexempt portions, and state appeal rights.

Common exemptions include personnel and medical files, attorney-client privilege, deliberative process, pending litigation, security plans, and personal privacy; exemptions are construed narrowly.

Electronic records, including email, text messages, and cloud documents, retain the same retention and production obligations as paper; metadata may be part of the record.

Destruction should be documented by a certificate of destruction listing record series, date range, method, and authorizing official; use cross-cut shredding or secure wiping.

Archival appraisal weighs evidential, fiscal, legal, informational, and historical value; records with enduring value transfer to archives rather than destruction.

Vital records are those essential to continue operations and protect rights in a disaster; they require offsite duplication and a tested recovery plan.

Voter eligibility is generally U.S. citizenship, age 18 by election day, residency in the precinct, and not disqualified by a felony or mental incapacity under state law.

The National Voter Registration Act requires registration opportunities at motor vehicle and public assistance agencies and by mail; it also regulates list maintenance and prohibits purges within 90 days of a federal election.

Provisional ballots are issued when eligibility is uncertain at the polls; the ballot is counted only after the election official verifies eligibility within the state's cure period.

List maintenance must be uniform, nondiscriminatory, and based on reliable evidence; removal requires notice and an opportunity to respond, except for death, felony conviction, or written confirmation of move.

Candidate filing requires verified qualifications, a nominating petition or fee, and compliance with deadlines; a withdrawal deadline usually follows filing and may trigger a special election.

Ballot certification includes proofing candidate names, office order, rotation, and ballot style; sample ballots and official ballots must match the certified list.

Election calendar milestones: notice of election, registration deadline, early or mail voting period, election day, canvass, certification, recount deadline, and contest period.

Chain-of-custody logs track ballots and voting equipment from delivery through storage; reconciliation compares ballots issued, cast, spoiled, and unused.

A tie vote is resolved by the method in charter or statute, commonly a lot or a special election; the clerk documents the procedure.

Budget cycle: preparation by executive, public hearing, adoption by governing body, execution by departments, interim monitoring, annual audit, and public report.

Fund accounting separates resources by legal restrictions: general fund, special revenue, debt service, capital projects, enterprise, and internal service funds.

Governmental funds use modified accrual: revenues recognized when measurable and available, expenditures when the liability is incurred; proprietary funds use full accrual.

An appropriation is a legal spending limit; expenditures may not exceed appropriations, and transfers between funds or departments usually require governing-body approval.

Mill rate formula: tax bill = (assessed value ÷ 1,000) × mill rate; one mill raises $1 of tax per $1,000 of assessed value.

Internal controls include segregation of duties, dual signatures, pre-audit of claims, bank reconciliation, and periodic inventory; no single person should control authorization, custody, and recording.

Purchasing thresholds commonly require quotes for small purchases, sealed bids or proposals for larger purchases, and governing-body approval above a charter threshold; emergency purchases require documentation.

An independent audit tests financial statements and compliance; a single audit applies when federal award expenditures exceed the applicable threshold, and findings require a corrective action plan.

Debt limits: general obligation bonds pledge the full faith and credit and usually require voter approval; revenue bonds are repaid from project revenue and do not count against the debt limit.

Notice must state time, place, and agenda; special meetings require the notice period in charter or statute, and emergency meetings are limited to the emergency subject.

A quorum must be physically or electronically present as allowed by law; without a quorum, the body may only adjourn, fix the time of the next meeting, or compel attendance.

Motion precedence under Robert's Rules: privileged motions (adjourn, recess, question of privilege), subsidiary motions (postpone, refer, amend, previous question), and main motions.

The previous question closes debate and requires a two-thirds vote; a motion to reconsider can be made only by a member who voted on the prevailing side.

Minutes are the official record of actions, not a transcript: date, time, place, members present, motions, votes, and points of order; verbatim minutes only if required.

Closed session requires a recorded vote in open session, a stated statutory exception, and no binding final action; minutes of the closed session are kept separately and released when the exception ends.

Public comment may be regulated by reasonable time, place, and manner rules that are viewpoint-neutral; the body may not silence a speaker based on the content of the message.

Roll call votes are required for ordinances, taxes, and other matters specified by charter; the clerk records each member's vote and any abstention.

A tie vote generally fails unless charter or statute provides another method; the presiding officer's vote is governed by the charter and may be limited to breaking ties.

Ethics codes prohibit using public office for private gain, disclosing confidential information, and accepting gifts that could influence official action; many jurisdictions set a nominal gift threshold.

A conflict of interest exists when an official's financial interest, family relationship, or outside employment could affect impartiality; disclosure and recusal are the standard remedies.

Appearance of impropriety is judged by whether a reasonable person would question the official's impartiality; it can require recusal even without actual bias.

Whistleblower protections prohibit retaliation against employees who report waste, fraud, abuse, or violations of law in good faith.

Due process in personnel actions requires notice of the charge, an opportunity to respond, and an impartial decision-maker.

EEO and harassment policies prohibit discrimination based on protected characteristics and require prompt investigation and remedial action.

Professional conduct includes confidentiality, competence, honesty in records, and avoidance of conflicts; professional associations publish codes of ethics.

Social media use by officials blends personal and official capacity; official accounts are public records, and blocking critics may raise First Amendment issues.

A communication plan identifies audience, message, channel, timing, spokesperson, and feedback method; it is evaluated by reach, comprehension, and response.

Plain language uses short sentences, common words, active voice, and clear headings; readability targets often aim for grade 8 or lower for public notices.

Accessibility requires ADA-compliant formats: alt text, captions, high contrast, screen-reader-compatible documents, and accessible meeting locations.

Crisis communication principles: be first, be right, be credible; use one spokesperson, update regularly, and correct misinformation quickly.

The IAP2 spectrum of public participation runs from inform, consult, involve, collaborate, to empower; the level chosen should match the decision's impact and promise to the public.

Community engagement methods include public hearings, town halls, surveys, focus groups, advisory committees, and online platforms; each has different representativeness and cost.

Public records and meetings laws apply to official communications; retention schedules cover social media, email, and website content.

Language access and digital divide considerations require translated materials, interpreters, and non-digital alternatives for residents without internet.