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Simple English definitions for legal terms
governmental function
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A quick definition of governmental function:
A governmental function is something that a government agency is required or allowed to do by law, and it is done for the benefit of the public. This means that the government is usually protected from being sued for any harm caused by their actions while performing these functions. Examples of governmental functions include police and firefighter activities. However, if the government is doing something that looks like a private business, such as charging fees for a service, it may be considered a proprietary function instead.
A more thorough explanation:
Governmental function refers to the actions taken by a government agency that are required or authorized by law and are intended to benefit the general public. These actions are usually immune from tort liability, meaning that the government cannot be sued for damages resulting from these actions.
Examples of governmental functions include:
- Police and firefighter activities, even if they result in harm to individuals, because they involve the exercise of government power
- Operation of a sanitary sewer system, which is considered a governmental function because it benefits the public
It can be difficult to distinguish between governmental and proprietary functions, which are actions taken by a government agency that are more like those of a private business. For example, operation of a local electric or water company for which fees are charged may be considered a proprietary function.
Overall, governmental functions are those actions taken by a government agency that are intended to benefit the public and are required or authorized by law.