iowa league of cities understanding intergovernmental relations 2015 municipal professionals academy...

Iowa League of Cities

Understanding Intergovernmental Relations

2015 Municipal Professionals Academy

Robert PalmerGovernment Affairs & Legislative Counsel

RobertPalmer@IowaLeague.org(515) 720-4148

Alan KempExecutive Director

alankemp@iowaleague.org(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 Directoralankemp@iowaleague.org(515)244-7282

Robert PalmerGovernment Affairs and Legislative

Counselrobertpalmer@iowaleague.org

(515)720-4148