A local government's act that is not considered part of the business of government and that could be performed by a private enterprise.

A local government's act that is not considered part of the business of government and that could be performed by a private enterprise.

• A. Governmental function
• B. Administrative act; discretionary act
• C. Proprietary function
• D. Ministerial act

Answer: (C)

Proprietary function. In municipal liability and operation classifications, activities are divided into those that are inherently governmental and those that resemble private-sector business. A proprietary function is one the government performs that could just as easily be provided by a private enterprise and is not an essential public duty tied to sovereign authority. Since this act could be done by a private company and isn’t a core government function, it fits the proprietary category. For contrast, an inherently governmental function would involve core public duties tied to sovereign power (like law enforcement or firefighting), where immunities often apply. The other categories describe how decisions are made or the form of the duty (ministerial, discretionary, administrative) rather than whether the activity is a private-sector-type service.

Proprietary function. In municipal liability and operation classifications, activities are divided into those that are inherently governmental and those that resemble private-sector business. A proprietary function is one the government performs that could just as easily be provided by a private enterprise and is not an essential public duty tied to sovereign authority. Since this act could be done by a private company and isn’t a core government function, it fits the proprietary category.

For contrast, an inherently governmental function would involve core public duties tied to sovereign power (like law enforcement or firefighting), where immunities often apply. The other categories describe how decisions are made or the form of the duty (ministerial, discretionary, administrative) rather than whether the activity is a private-sector-type service.