Also known as:public agencies · governmental agency · public authority
Written by attorneys — see sources below.
A governmental body or organization authorized by law to perform public functions or exercise governmental authority. The entity must act pursuant to statutory or constitutional grant and may include federal, state, or local instrumentalities that carry out regulatory, administrative, or service functions.
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How its tested
Common Examples
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Deposition Notice to Agency
Preston Pratt served a deposition notice on the State Environmental Protection Agency describing with reasonable particularity the topics of permit issuance and enforcement records. The agency designated its permitting director and records custodian to testify on its behalf after conferring with Pratt's counsel. The designated witnesses appeared and answered questions based on information known or reasonably available to the agency.
Admitting Agency Report
Pilar Pena offered into evidence an investigative report prepared by the federal aviation safety agency after a runway incident. The report contained factual findings and conclusions reached pursuant to the agency's statutory authority. The court admitted the report after confirming its trustworthiness and limiting its use to the civil proceeding.
Phoebe Park, a city health department official, filed suit to abate a public nuisance created by industrial runoff into a municipal waterway. The department possessed statutory authority to represent the city in such matters. The court recognized the department's standing to seek injunctive relief on behalf of the public.
Zoning Power Challenge
Philip Powell challenged a municipal zoning ordinance that restricted commercial development on his land. The village council, acting as the local public agency, had enacted the measure under its police power to promote orderly growth. The court upheld the ordinance as a valid exercise of the agency's delegated authority.
Village of Euclid Ohio v. Ambler Realty Co.272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)
The Village of Euclid is an Ohio municipal corporation that adjoins and is practically a suburb of the City of Cleveland. Its estimated population is between 5,000 and 10,000, and its area spans from twelve to fourteen square miles, with the greater part consisting of farm lands or unimproved acreage. It lies roughly in the form of a parallelogram measuring approximately three and one-half miles each way and is traversed east and west by three principal highways and two railroads.
Ambler Realty Co. owns a tract of land containing 68 acres situated in the westerly end of the village. This tract abuts on Euclid Avenue to the south and the Nickel Plate railroad to the north. Adjoining this tract on both the east and the west, restricted residential plats have been laid out upon which residences have been erected.
On November 13, 1922, the Village Council adopted an ordinance establishing a comprehensive zoning plan. The ordinance divides the village into six use districts denominated U-1 to U-6, three height districts denominated H-1 to H-3, and four area districts denominated A-1 to A-4. Appellee's tract is classified as U-2 for the first 620 feet north of Euclid Avenue, U-3 for the next 130 feet, and U-6 for the remainder.
Enforcement of the ordinance is entrusted to the inspector of buildings under rules and regulations of the board of zoning appeals. The board holds public meetings, keeps minutes of its proceedings, and possesses authority to interpret the ordinance in cases of practical difficulty or unnecessary hardship, while penalties are prescribed for violations. Ambler Realty Co. filed suit alleging that the tract has been held for years for sale and development for industrial uses for which it is especially adapted. The bill further alleged that unrestricted market value is about $10,000 per acre but limited to residential purposes the value does not exceed $2,500 per acre, that the first 200 feet back from Euclid Avenue has a value of $150 per front foot if unrestricted but not in excess of $50 per front foot if limited to residential uses, and that the ordinance confiscates and destroys a great part of its value while deterring prospective buyers. The bill sought an injunction restraining enforcement of the ordinance.
The district court overruled a motion to dismiss on the ground that the suit was premature. The district court held the ordinance unconstitutional and void and enjoined its enforcement.
Peter Park sued the city social services department after employees removed his children without due process. The department, as a public agency, was subject to suit under section 1983 for policies that caused the constitutional violation. The court permitted the claim to proceed against the agency itself.
Monell v. Department of Social Services of the City of New York436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)
In July 1971 petitioners, a class of female employees of the Department of Social Services and of the Board of Education of the City of New York, commenced this action under 42 U.S.C. § 1983 in the United States District Court for the Southern District of New York. They sued the Department and its Commissioner, the Board and its Chancellor, and the city of New York and its Mayor, all in their official capacities. The complaint alleged that the city and its agencies had as a matter of official policy compelled pregnant employees to take unpaid leaves of absence before such leaves were required for medical reasons. The suit sought injunctive relief and backpay for periods of unlawful forced leave.
On cross-motions for summary judgment, the District Court held petitioners' claims for injunctive and declaratory relief moot because the city and the Board had changed their maternity-leave policies after the complaint was filed. The court found that the acts complained of were unconstitutional under the Fourteenth Amendment. It denied backpay on the ground that any damages would come ultimately from the city of New York and that holding otherwise would circumvent the immunity conferred on municipalities by Monroe v. Pape.
On appeal, petitioners renewed their arguments that the Board of Education was not a municipality within the meaning of Monroe v. Pape and that the District Court had erred in barring a damages award against the individual defendants. The Court of Appeals for the Second Circuit held that the Board was not a “person” under § 1983 because it performed a vital governmental function and had no final say over its appropriations. It also held that a damages action against officials sued in their official capacities could not proceed because any award would have to be paid by a city held not amenable to suit in Monroe v. Pape.
The Supreme Court granted certiorari to consider whether local governmental officials and local independent school boards are “persons” within the meaning of 42 U.S.C. § 1983 when equitable relief in the nature of back pay is sought against them in their official capacities. After oral argument, the Court requested the parties to address whether Monroe v. Pape should be reconsidered in light of the legislative history of the Civil Rights Act of 1871.
Paul Peterson, a transit authority employee, claimed overtime under the Fair Labor Standards Act. The authority argued it was exempt as a traditional public agency performing governmental functions. The court rejected the exemption and held the agency subject to the federal wage requirements.
Garcia v. San Antonio Metropolitan Transit Authority469 U.S. 528 (1985)
The history of public transportation in San Antonio began with private operators. In 1959 the City of San Antonio purchased the privately owned San Antonio Transit Company and replaced it with the publicly owned San Antonio Transit System.
In 1978 the city transferred its facilities and equipment to appellee San Antonio Metropolitan Transit Authority, a public mass-transit authority organized on a countywide basis. SAMTA became the major provider of transportation in the San Antonio metropolitan area. Between 1978 and 1980 its vehicles traveled over 26 million route miles and carried over 63 million passengers.
San Antonio began receiving federal subsidies under the Urban Mass Transportation Act of 1964. SATS and SAMTA received over $51 million in UMTA grants from December 1970 through February 1980. This total included $12.5 million in operating grants during SAMTA's first two fiscal years.
The Fair Labor Standards Act was enacted in 1938 without applying to local mass-transit employees. Congress amended the statute in 1961 to extend minimum-wage coverage to private mass-transit carriers with annual gross revenue of at least $1 million. In 1966 Congress withdrew exemptions from public hospitals, schools, and mass-transit carriers whose rates and services were subject to state regulation. The 1974 amendments provided for the progressive repeal of the surviving overtime exemption for mass-transit employees while extending FLSA coverage to virtually all state and local government employees.
Following the 1976 decision in National League of Cities v. Usery, SATS informed its employees that the decision relieved it of overtime obligations under the FLSA. On September 17, 1979, the Wage and Hour Administration of the Department of Labor issued an opinion that SAMTA's operations were not constitutionally immune from the FLSA. On November 21, 1979, SAMTA filed suit against the Secretary of Labor in the United States District Court for the Western District of Texas seeking declaratory relief. On the same day appellant Garcia and other SAMTA employees sued SAMTA in the same court for overtime pay under the FLSA.
On November 17, 1981, the District Court granted SAMTA's motion for summary judgment. The court held that local public mass-transit systems constitute integral operations in areas of traditional governmental functions. After the Supreme Court decided Transportation Union v. Long Island R. Co. in 1982, the District Court's judgment was vacated and remanded. On remand the District Court adhered to its original view and again entered judgment for SAMTA in 1983. The Secretary and Garcia took direct appeals. The Supreme Court noted probable jurisdiction, restored the cases for reargument after initial argument, and requested briefing on whether the principles of the Tenth Amendment as set forth in National League of Cities v. Usery should be reconsidered.
When may a party depose a public agency under the federal rules?
A party may name a public agency as the deponent in a notice or subpoena under Rule 30(b)(6) provided the notice describes the matters for examination with reasonable particularity. The agency must then designate one or more persons to testify on its behalf about information known or reasonably available to the organization.
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Are investigative reports prepared by public agencies admissible as public records?
Under Federal Rule of Evidence 803(8), reports containing factual findings and conclusions resulting from investigations made pursuant to legal authority are admissible as public records. Admissibility remains subject to trustworthiness limits and scope restrictions that apply in civil actions and against the government in criminal cases.
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When does a public agency have standing to abate a public nuisance?
A public agency possesses standing to maintain an action to enjoin or abate a public nuisance when it has authority as a public official or public agency to represent the state or a political subdivision in the matter.
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How does the term public agency appear in federal evidence rules?
Federal Rule of Evidence 101(b)(3) provides that the term public office includes a public agency. Rule 902(5) further addresses self-authentication of publications purporting to be issued by a public authority.
Supporting sources
384 U.S. 436 (1966)
…on the criminal law as an abstract, disembodied series of authoritative proscriptions, but the impact on those who rely on the public authority for protection and who without it can only engage in violent self-help with guns, knives and the help of their neighbors similarly inclined. There is, of course, a saving factor: the next…