Test Legal Handbook 2022

SUMMARY Good faith is an essential element in pleading immunity from damages. Some very important guidelines are as follows: 1. When council members discharge their legislative responsibilities in good faith, they maximize their defenses and minimize their potential liability. 2. When council members discharge their official non-legislative responsibilities in good faith, they will still have defenses and a qualified immunity under federal law. 3. When council members stray into the administrative responsibilities conferred by charter, statute, or ordinance on other government officials, they minimize their defenses and maximize their potential liability. Because of so many suits being filed against governments in recent years under Section 1983, the purpose of this memorandum is to give you an overview of the purpose and elements of this constitutional provision and a general analysis of the importance of using sound judgment and proper good faith guidelines in performing duties as members of the City Council. CDW/jgs