Understanding Joint Powers Agreements: Opportunities, Options, and Effectiveness
Joint Powers Agreements (JPAs) enable public agencies to collaborate efficiently, providing services and facilities in line with various factors. Idaho Code outlines the purposes, definitions, and powers that can be jointly exercised. This legal framework facilitates cooperation among entities, although adherence to specific steps is crucial for validity, as seen in the City of Sandpoint v. Independent Highway District case. Effective JPAs focus on shared responsibilities and working together towards common goals.
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JOINT POWERS AGREEMENTS What Are They - Opportunities and Options How Are They Effective Todd Lakey Board Legal Counsel GemPlan Borton-Lakey Law - 208-908-4415 todd@borton-lakey.com
"TEAMWORK IS THE ABILITY TO WORK TOGETHER TOWARD A COMMON VISION. THE ABILITY TO DIRECT INDIVIDUAL ACCOMPLISHMENTS TOWARD ORGANIZATIONAL OBJECTIVES. IT IS THE FUEL THAT ALLOWS COMMON PEOPLE TO ATTAIN UNCOMMON RESULTS." ANDREW CARNEGIE "TALENT WINS GAMES, BUT TEAMWORK AND INTELLIGENCE WIN CHAMPIONSHIPS." MICHAEL JORDAN NEVER DOUBT THAT A SMALL GROUP OF THOUGHTFUL, COMMITTED, INDIVIDUALS CAN CHANGE THE WORLD. INDEED, IT IS THE ONLY THING THAT EVER HAS. MARGARET MEAD
Often there are opportunities to do something more or better when you work together than you can do alone. "
IDAHO CODE - Title 67 Chapter 23 Purposes: (I.C. 67-2326) Permit public agencies make most efficient use of their powers Enable Cooperation Mutual Advantage Provide services, facilities and perform functions in best accord with geographic, economic, population and other factors.
DEFINITIONS: (I.C. 67-2327) Public Agency Any county, city or political subdivision of Idaho Any agency of Idaho state government Any city or political subdivision of another state or Washington DC
POWERS THAT CAN BE EXERCISED JOINTLY (I.C. 67-2328) Any power, privileged or authority Under Constitution, Statute or Charter Can be enjoyed and exercised jointly Never beyond the granted power, privilege or authority you have alone Any other state of federal government with similar power/privilege/authority
CASELAW City of Sandpoint v. Independent Highway District, 161 Idaho 121 (2016) City and Highway District litigated for years. In settlement of Litigation entered into JPA for city to assume control and responsibility for all streets in the city and for highway district to pay over all highway tax revenue on property in the city. Operated for 10 years then Highway District said agreement invalid. City had not followed steps to alter highway district boundaries/jurisdiction. Court Found: Really and agreement to divide jurisdiction. Not an agreement to share responsibilities/work together No separate entity established Violates provision that no agreement shall be made to relieve obligation under law.
POWERS/DUTIES TITLE 31- EXAMPLES Roads, Bridges and Ferries Parks and recreation Purchasing Acquire and manage real and personal property Jails/Misd Probation Public Defense
POWERS/DUTIES TITLE 31- EXAMPLES County Fair County Agent Catastrophic Public Nuisance/Disasters - Response/Preparation Historical Society/Museums Cooperation with Private Non-profits that benefit public Landfill Other?
EXERCISE JOINT POWERS BY AGREEMENTS JPA JOINT USE, OWNERSHIP AND/OR OPERATIONS Required: action by ordinance, resolution otherwise pursuant to applicable law before any JPA effective
AGREEMENT REQUIREMENTS IC 67-2328 Duration 1. Precise organization, composition and nature of any separate legal entity specify powers 2. Purpose(s) 3. Manner of financing 4. Termination/dissolution provisions 5. Other necessary/proper matters 6.
AGREEMENT REQUIREMENTS IF NO SEPARATE ENTITY Follow 1, 3, 4, 5, and 6 above Plus: 1. Administrator or Joint Board w/ parties represented 2. How acquire, hold and dispose of real and personal property 3. Can t relieve self of obligation imposed by law except to actual extent timely performed by Joint Board or Admin Entity
MINI-CASSIA Joint Misdemeanor Probation * Joint Department * Executive Board * 1 Each BOCC; 1 Each PA; 1 Each Sheriff * Ex-Officio Chief Probation Officer; 1 each Clerk * Annual Leadership rotate chairman * Meet twice a month * Budget deadlines/BOCC approval * Share costs 50/50 * Cassia Employees / Cassia Clerk records and bookkeeping * Programs and services approved by majority of Magistrates * Joint liability/litigation
MINI-CASSIA Joint Detention Facilities * Joint Department * Executive Board * 1 Each BOCC; 1 Each PA; 1 Each Sheriff * Ex-Officio Chief Probation Officer; 1 each Clerk * Annual Leadership rotate chairman * Meet twice a month * Budget deadlines/BOCC approval joint meeting * Share costs 50/50 * Joint liability/litigation
Adult Detention Exec Board Sheriffs/Commissioners/PA (chair rotates) Juvenile Detention Exec Board same Exec Board hires Director Maint./O&M Cassia Sheriff Immediate Director Minidoka Sheriff Supervises Cassia employees Minidoka employees Quarterly reports Maint. costs 50/50 O&M avg. inmate population formula
EFFECTIVE COMPONENTS Thoughts?
BONNEVILLE METRO PLANNING ORG (MPO) Joint Stand Alone Agency - perpetual Purpose: Forum for cooperative decision making, grants, policies, plans Meet Fed Requirements Members: Ammon, Idaho Falls, Iona, Ucon, Bonneville County, ITD, Targhee Regional Public Transportation Authority Policy Board I each member. Elect officers Voting public agencies only also ex-officio Withdraw 90 days before FY then finish fiscal year otherwise next FY Budget population % funding formula 1/4ly payments
COMPASS MPO TREASURE VALLEY Separate Entity Non-profit Association Purposes: 1) Air Quality, 2) Econ Dev, 3) Emergency Management, 4) Land Use Mapping/GIS, 5) Population/employment, 6) Public services, facilitates and utilities, 7) Recreation Parks and Open Space, 8) Transportation, 9) Other purposes related to cooperative regional planning General Members Classes 1-3 based on size * Voting * Funding Special Purpose Members Ex-0fficio Standing Committees: Executive, Finance and Regional Transportation Bylaws
ADA COUNTY JOINT EMS SERVICES Membership Ada County, Ada Co EMS District, Boise, Meridian, Kuna Fire Dist., Eagle Fire Dist., North Ada Fire and Rescue and Star Fire Dist. Purpose: Operate and manage joint unified provision pre-hospital emergency and non-emergency medical services including medical transport, rescue and extrication services Defined Geographic Area JPA Board Establish standards, procedures and protocols with assist Admin Board and Medical Directorate Auto-renew successive one-year terms
ADA EMS No withdrawal unless: Insolvent or financially unable Court determines unlawful Material breach of agreement Two or more consolidate services Notice 60 days Cease EMS services in area until end of term Complaints investigated by Admin Committee
ADA EMS Termination 14 notice/Hearing specify reasons and intent to terminate Opportunity to cure in the 14 days Issue Findings of Fact Conclusions of Law within 30 days Cease EMS services until end of term
ADA EMS Board Membership 1 EO per Party 2 Co Commissioners Designate Alternate Annually elect officers Adopt rules of procedure for Board Meetings All motions, resolutions and actions require unanimous vote those present 14-day notice for any matter requiring a vote Miss three consecutive meetings/miss more 1/2 off unless appear before board and show good cause
ADA EMS Admin Committee Staff/stakeholder level. Makes recommendations and provides operational expertise. Develops standard Op Procedures, Quality Improvement Plan, Quality Assurance and Budget recommendations Demographics, charts, maps , reports Conducts informational meetings Other duties as assigned
ADA - EMS Medical Directorate Clinical Management and Medical Oversight per Idaho Code Meet at least bi-monthly Amendments to JPA 14 day written notice with proposed changes in strikethrough Statement of Purpose Include fully restated version Served and submitted to parties by Secretary Unanimous approval required Parties must submit approval or disapproval with reasoning w/in 60 days Notify parties of result
ADA EMS Not Separate Legal Entity no employees Each party supports and manages own employees Each party investigates own complaints Each party provides own medical supplies Each indemnifies Ada Co EMS District provides day-to-day mgmnt of funds Ada Co provides financial advice to board Ada Co provides at least on medical director All parties agree to make their respective legal counsel available
GEMPLAN Separate legal entity Purpose: Self Funded Health Benefit Pooling and other related programs Different types of Members Unlimited Duration Board state divided into 6 districts + at large. District Elections Board fills vacancies in interim Annual elections of officers Power to hire staff and invest and manage funds in Trust
GEMPLAN Contribution Rates set annually by Board Appeal/Dispute Resolution Process to Board Member withdraw annually notify by July 1 Board amend JPA and notify members with opportunity to withdraw Terminate members 15 day notice/cure Equity - Funds and assets upon dissolution
CHALLENGES Communication Clear Expectations Up Front During - early/often - regular Share Control Management/Equitable Division Financial Accounting and Funding BOCC needs to support Employees - Hiring/Management Communication joint solutions - build trust - supports shared control
CHALLENGES Liability Always Done it This Way Old rivalries/sterotypes Elected Officials Change inform and educate history/benefits Long Term View Other examples?
OPPORTUNITIES Economies of Scale equipment, personnel, buildings Better services than may be able to provide on your own Better facilities than may be able to provide on your own Shared expertise Shared Risk may reduce liability/exposure
OPPORTUNITIES Larger influence as group Additional funding First One Opens perspective see more opportunities Others?
