06-19-02 Orientation - Laserfiche WebLink

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Section 4: Separate Legal Entities. There are some Boards and Commissions that are separate entities, corporations, or political bodies from the City, although the City Council may appoint the membership to these Boards and Commissions. They are usually established under the provisions of a State statute that will set forth the functions, duties, responsibilities, and limitations of the corporation or political body. The Boards and Commissions that are separate entities from the City but whose memberships are appointed by the City Council, are listed below: Expiring Name Members Term ears Members Per Year La Porte Area Water Authority 5 Members 2 years 2 The members appointed to these Boards and Commissions oversee the operation of an organization as a Board of Directors would a corporation. The City of La Porte has little or no authority over the members except for their appointment; and therefore, the City has limited liability for their actions. Board members will find that the organization to which they have been appointed will provide much of the information needed. The State statute establishing the organization, the articles of incorporation, and the bylaws of the organization will provide a great deal of information. Section 5: Legal Liability. It is important to understand that the actions of members of the various City Boards and Commissions can subject the City to liability and subject the Board or Commission members to personal liability. Therefore, Board and Commission members are strongly encouraged to consult with the City Attorney anytime they feel their actions, while serving on such Board or Commission, may have some legal consequences. The law in this area is quite complex and requires a thorough analysis of the law and facts pertaining to each particular situation. As a general rule, quasi-judicial officers cannot be held personally liable for erroneous acts while honestly exercising the judicial or quasi-judicial functions of their offices. The Board and Commission members who render decisions are considered quasi-judicial officers. The problem with stating such a general rule as a proposition of law is that there will always be exceptions to the general rule. For example, if a court finds that aquasi-judicial officer performs certain functions in excess of his/her authority and such functions were not performed under a good faith assumption that the officer had the authority to act, then the officer will be subject himself/herself to personal civil liability. If a person is damaged by the excessive acts of aquasi-judicial officer, then that officer will have to pay damages to the person harmed. The aggrieved person can also seek other remedies such as an injunction compelling the officer to perform or refrain from performing a particular act. Officers of the City can also subject themselves, as well as the City, to liability if they perform their functions in a manner that denies an individual any right that is secured to that individual by the Constitution or a statute. An example of how this type of liability could arise is if an officer illegally discriminates against an individual. A City and its officers, as a governmental entity, must treat all