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Iowa League of Cities
Understanding Intergovernmental Relations
2015 Municipal Professionals Academy
Robert PalmerGovernment Affairs & Legislative Counsel
[email protected](515) 720-4148
Alan KempExecutive Director
[email protected](515) 244-7282
STATE LEGISLATIVE ADVOCACY
Robert Palmer, Government Affairs & Legislative Counsel
League of Cities: Legislative/Regulatory
• One staff lobbyist – Robert Palmer• General Counsel – Dustin Miller• Research & Fiscal Analyst – Erin
Mullenix
League Legislative Team:What do we do
• Track all Legislation and Amendments and review to determine impact on cities
• Attend meetings to represent interests of cities
• Work to form alliances and cooperate with ALL interests who share the same position on an issue
• ex. Open Meetings/Records, Competitive Bid Issues - Counties, Schools, Regents, Hospitals, Rural Water, Municipal Utilities
Unique area of Intergovernmental Relations
• Participation in legislative and regulatory process• Who represents city interests?
• Iowa League of Cities• Some cities have their own city lobbyists• Some cities are part of regional groups – such
as NW Iowa League, MAC, Metro Coalition, etc…
• Variety of intergovernmental groups represent some aspects of cities issues
• Other Groups - Chamber of Commerce
LEGISLATIVE PRIORITY THEMES
7
Legislative Priority Themes 2008-2015
• Transportation Infrastructure•
• Alternative Revenues
• Water and Waste Infrastructure
• Pension Systems
• Economic Development
8
Legislative Priority Survey Ranking
Ranking based upon Survey MeanProperty Tax & Backfill Security (including Multi-Family Reform)Roads/Bridges/RUTF/Gas Tax or AlternativesTax Increment Finance (TIF)Pension Systems (including MFPRSI & IPERS)Water/Stormwater/Wastewater IssuesAlternate City RevenuesHome RuleEconomic DevelopmentAbandoned Buildings/Nuisance PropertiesLocal Option Sales TaxEliminate Unfunded Government Mandates
Most Frequent Responses (All-Members)
Roads/Bridges/RUTF/Gas Tax or AlternativesProperty Tax & Backfill Security (including Multi-Family Reform)Water/Stormwater/Wastewater IssuesTax Increment Finance (TIF)Eliminate Government Mandates
Pension Systems (including MFPRSI & IPERS)Economic DevelopmentHome RuleLocal Option Sales TaxAlternate City RevenuesAbandoned Buildings/Nuisance Properties
Below are the results of the Legislative Priorities Survey. The table at left are the results as ranked by the League Board and Policy Committee. The table at right the most frequently noted categories from the all-membership survey.
LEGISLATIVE PROCESS
Iowa Legislative Process• How A Bill Becomes A Law - Flow chart
makes it sound SO logical – a bill goes from here to there
Iowa Legislative Process:How A Bill Becomes A Law• First a bill must be sponsored by a Legislator or Committee• Drafted by nonpartisan Legislative Services Agency • Filed by legislator as a H.F./S.F. or HSB/SSB• Assigned a Subcommittee• Subcommittee Hearing• Pass Subcommittee – 3/5/7 members – apptd by Chair• Brought up and pass Committee – usually 21 members in House
and 15 in Senate – need majority of Committee to pass a bill, only a majority of those present to pass an amendment
• Pass floor – must be placed on debate calendar and receive Constitutional majority to pass• need 26 in the Senate and 51 in the House - don’t need 150
people • amendments need a majority of those present
• Message to other Chamber and do it all again• Conference Committee
Iowa Legislative Process: Obstacles
Iowa Legislative Process: Obstacles
• At every step along this route, there are obstacles to overcome and hidden ways in which a bill can die – there is so much process to the process• Back rooms and closed discussions – say
one thing and do another• Not all legislators have same ability, clout • Schedule and rules – funnels• Drafted wrong• Poison Pill Amendment
Iowa Legislative Process: Citizen Legislators
• Part-time• Varied backgrounds• 3+ month time period with 100s of
bills• Non election year = longer• Election year = shorter
• Committee assignments• Committee staff
Senators for Urbandale
Standing Committee AssignmentsCommerceEconomic Growth (Ranking Member)Labor and Business RelationsState GovernmentWays and Means
Jake Chapman (R)
Brad Zaun (R)
Standing Committee AssignmentsEducationJudiciaryLocal Government
Representatives for Urbandale
Jake Highfill (R)
John Forbes (D)
Ralph Watts (R)
Standing Committee AssignmentsCommerceLocal GovernmentTransportationWays and Means
Standing Committee AssignmentsAppropriationsLocal GovernmentNatural ResourcesState Government (Vice Chair)
Standing Committee AssignmentsAppropriationsCommerceLaborState Government
LET’S PASS A BILL
Let’s Pass a Bill!!!
• Who’s for Education?
• Who’s for Public Safety?
• Who’s for Fireworks?
HF614 - Fireworks
• Legalizes the use and sale of novelty and consumer fireworks.
• Current Law: Simple misdemeanor for a person, firm, partnership, or corporation to offer for sale, use, or explode fireworks.
• For – Petroleum Marketers and Convenience Stores, Fireworks Producers and Retailers, Retail Federation
• Against – Firefighters, Epilepsy Foundation, Hospital Association, Emergency Medical Services, Nurses…
• League? • Neutral: Advocate for Local Control
HF614 - Fireworks
Amendments• Fees
• 100% of business• 50% of business• Wholesaler
• Local Control• Use? • Sale?• Opt-In or Opt-Out?
HF614 - Fireworks
What Happened? • House?
• Passed the House w/ Amendments• same night amendment to Senate
Appropriations bill passed• Didn’t Caucus on Fireworks until 8pm• Didn’t finish voting until 9:30• Received a “Thistle” from DMR
• Senate?• Original bill, first subcommittee • Ended up not being brought up!
Nuisance Properties
• Expands provisions under Chapter 657A to enhance due process and notification requirements as well as to include purely commercial properties.
• Where?• IEDA omnibus bill: SF233 / HF654• IEDA budget appropriation bill• Other vehicles?
• For – Des Moines Partnership, Greater Cedar Valley Alliance, Cities, Chambers, Biotech Association
• Against – ???• A Representative?
Nuisance Properties
Amendments• Entirely remove the language in the
House• Several Amendments from minority
party to add it back in – unsuccessful• Add back in language in the Senate
Nuisance Properties
What Happened? • Sent back from the Senate with the
language• House passed bill with the language• Governor signed the bill•
How can YOU work collaboratively with us? • Stay Informed – weekly Legislative Link and Action Calls
• Attend legislative meetings sponsored by League or other groups to keep you updated
• Attend forums with your legislators – ask questions
• Develop a relationship with your legislators NOW – they are elected to serve the public and cities are an important constituency for them
• If there is someone you think would be good – help them get elected – yard signs, host a fundraiser, $$
INTERGOVERNMENTAL RELATIONS
Alan Kemp, Executive Director
Opportunities for Intergovernmental Relations
• Intergovernmental Relations Occur • Vertically – Federalist System• Laterally – Political Subdivisions• Spatially - Inter-organizational Relations
Federal Government
State Government
School City County
Municipal Home Rule
Municipal corporations are granted home rule power and authority, not inconsistent with the laws of the general assembly, to determine their local affairs and government, except that they shall not have power to levy any tax unless expressly authorized by the general assembly.
Municipal Home Rule
The rule or proposition of law that a municipal corporation possesses and can exercise only those powers granted in express words is not a part of the law of this state.(Iowa Constitution Art. III. Sec. 38A)
Municipal Home Rule
• Amendment passed in 1968 by overwhelming majority
• Repudiated and overturned “Dillon’s Rule” – cities creatures of the state and derive power wholly from state legislature
• Much legislative capital is spent defending this amendment
Opportunities for Intergovernmental Relations
• Cooperation versus Collaboration• Cooperation is a passive decision to
interact or comply - compliance with mandates
• Collaboration is an active determination to interact - decision to enter into 28E agreement
Opportunities for Intergovernmental Relations
• Regulations and Mandates• Legislative Branch• Executive Branch – Administrative
Agencies• Judicial Branch
Opportunities for Intergovernmental Relations
• Regulations and Mandates• Legislative Branch – Open Meetings• Executive Branch – City Budget Forms• Judicial Branch – Court decisions
• Occur at the federal level too!•EPA Clean Water Act
Opportunities for Intergovernmental Relations
• Reality- complex interaction of many players• Congress passed the Clean Water Act• Environmental Protection Agency (EPA) was directed to
promulgate rules directed at state environmental agencies
• Iowa Department of Natural Resources (IDNR) determines rules in Iowa based on EPA guidance, legislative policy and state-level administrative rules
• Environmental groups seek court interpretation of CWA with direction to EPA which is then imparted to IDNR
Collaboration
Collaboration Continuum
Networking, Informal Cooperation
Formal cooperation, Knowledge sharing
Contracting
Transfer of functions Integration
Consolidation
Institute of Public Administration, Ireland
Reasons to Collaborate with Other Local Governments
• Effective Delivery of Services• Improve existing service delivery• Maintain service levels• Retain service levels – survival• Obtain specialized services• Comply with federal & state mandates
Reasons to Collaborate with Other Local Governments
• Efficiency of Services Delivery• Reduce costs• Maintain costs• Mitigate increasing costs• Enhance managerial capacity• Hire and retain quality workforce
Barriers to Collaboration
• Time – • Efforts can take time
• Turf – • Imbalance in real or perceived benefits
• Trust – • Barriers due to prior experience, lack of
understanding or personalities
Collaboration and Public Networks
• Collaboration and Public Networks• Cities determine whether or not to pursue
collaborative projects• Cities, along with other governmental
entities and non-governmental organizational entities, operate in a network or a web of relations
• City may collaborate as trade-off for future benefits on other projects.
• Various models of collaborative management
Collaborative Strategy
Colla
bora
tive
Acti
vity
Active
Inactive
Passive Opportunistic
Models of Collaborative Management
Jurisdiction-basedDonor-recipient
Top-down
AbstinenceContented
Reactive
Challenges to Intergovernmental Collaboration
• Need to develop a joint understanding of the problem• Problems addressed through
collaboration do not need to be identical for each partner
• Collaboration does need to provide some kind of benefit to parties involved
• Benefits can be actual or perceived
Leadership & Roles
• Convener• Designer• Facilitator• Provocateur• Weaver• Coordinator• Governors
• Need to develop a joint understanding of the possible solution• Identification of problem is first part of
equation• Collaborative solution needs to satisfy
the parties involved in the manner they expect
Challenges to Intergovernmental Collaboration
• Negotiate an agreement to share responsibilities and costs• Role of the written agreement is to
memorialize the determination of the partners’ responsibilities and costs
• See Attachment B – 28E Agreement Checklist
• See also the 28E website - https://www.sos.state.ia.us/28E
Challenges to Intergovernmental Collaboration
• Determine a management structure• This is vital if the collaboration creates a
governmental entity• The structure needs to address
• Governance• Financial obligations• Liability issues• Termination procedures
Challenges to Intergovernmental Collaboration
Challenges to Intergovernmental Collaboration
• Bring other interests into the agreement• Intergovernmental collaboration has
impacts beyond policy makers• Staff is impacted by change in operations• Operational culture of collaborating
organizations can have impact• Agreements impact citizens – agreement
may make perfect sense to everyone but the citizen
• Agree to methods of evaluation• How do you know that the collaborative
arrangement is working?• Are there measurements of success or
expected outcomes?
Challenges to Intergovernmental Collaboration
• Agree to address changes which may occur over time.
• Determine an “exit strategy”
Challenges to Intergovernmental Collaboration
Thank You
Alan KempExecutive [email protected](515)244-7282
Robert PalmerGovernment Affairs and Legislative
(515)720-4148