City of Alexandria, Virginia
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MEMORANDUM
DATE: SEPTEMBER 6, 2022
TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
THROUGH: JAMES F. PARAJON, CITY MANAGER /s/
FROM: SARAH TAYLOR, LEGISLATIVE DIRECTOR
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General Assembly Update - Permissive Local Authority From 2022 General Assembly Session.
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ISSUE: Permissive Authority Granted by 2022 General Assembly Action.
RECOMMENDATION: That City Council review the following to give staff guidance as to what permissive authority it wishes to exercise.
BACKGROUND: Virginia courts recognize no inherent local government powers; this is the legal doctrine known as "Dillon's Rule." As a Dillon Rule state, the governing authority of Virginia localities is limited to what is expressly granted to them by state statute or written in their municipal charter. Therefore, each session of the General Assembly, bills may be passed and signed into law which grant localities certain governing authority; this authority may be mandatory or permissive. Once these laws go into effect and this authority is granted, it falls to the locality to implement whatever mandatory authority is required of them and determine whether they want to take advantage of any permissive authority.
During the 2022 session of the General Assembly, localities were granted permissive authority via fifteen (15) new laws in a number of subject areas. Subject matter experts in City Departments that would be impacted by new, permissive authority have provided guidance to Council for their consideration as to what permissive authority it wishes to exercise.
DISCUSSION: For ease of use, the permissive authority granted to the City Council by the General Assembly in 2022 is grouped by subject matter and contains analysis of the new authority and staff's recommendation whether City Council should enact an ordinance pursuant to the laws below.
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