Legal Definitions - functus officio

Functus officio is a Latin legal principle that translates to "having performed his or her office." It describes a situation where an official, a body, or an authority has fully completed its assigned duties or functions regarding a specific matter. Once these duties are accomplished, that official or body loses the legal power or competence to revisit, alter, or act further on that particular matter. Their authority for that specific task is considered exhausted.

• Example 1: An Arbitrator's Award

  Imagine two businesses are involved in a contract dispute and agree to resolve it through arbitration. An independent arbitrator is appointed to hear both sides, review evidence, and make a binding decision. After conducting hearings and deliberations, the arbitrator issues a final written award, outlining the resolution and any financial obligations. Once this award is officially delivered to the parties, the arbitrator is generally considered functus officio. This means the arbitrator no longer has the authority to change, modify, or reconsider the substance of that specific award, even if they later have second thoughts, unless there are very specific, limited circumstances (like correcting a clear clerical error). The arbitrator's "office" or duty to resolve that particular dispute has been fully performed, and their authority over it has ended.

• Example 2: A Zoning Board's Decision

  Consider a local zoning board responsible for approving or denying applications for building permits or variances. A property owner applies for a variance to build a larger garage than typically allowed. After reviewing the application, holding a public hearing, and discussing the merits, the zoning board votes to approve the variance with certain conditions. Once this final decision is officially recorded and communicated to the applicant, the zoning board becomes functus officio regarding that specific variance application. It cannot unilaterally revoke the approval or impose new conditions without a new application from the owner, a formal appeal process, or evidence that the conditions were violated. Its authority to make the initial decision on that application has been exhausted.