The Joint Powers Act allows Minnesota cities to offer a wide range of services in collaboration with cities, townships, counties, tribes, school districts, and others. —For more information on joint powers and other forms of cooperation, see Chapter 16 of the Handbook for Minnesota Cities (pdf) A joint authority is different from member agencies; they have separate works councils. These committees may be delegated any of the powers inherent in all participating organizations. The authorization agreement specifies the powers that the new authority may exercise. The term of office, composition and rules of procedure of the management board of the authority shall also be determined. The joint authority may employ staff and set policies independently of the constituent authorities. (h) A Commonwealth Regional School District, Superintendence Union, Educational Cooperation, Charter School or Virtual School may be formed only in accordance with the applicable provisions of the General Acts, and no joint authority agreement entered into under this Section may substantially create such a district, union, collaborative school, charter school or virtual school; regardless of how the entity created under a joint powers agreement may be characterized or designated. An agreement on common powers in respect of public schools may be concluded only by the school committee or, as the case may be, by another board of directors. If your city sends emergency assistance out of state, the city`s attorney must review the written agreement before providing assistance. In addition, LMCIT will review the agreements free of charge to ensure that appropriate liability provisions are included in the agreement.
Learn more about providing emergency assistance outside of the state of Minnesota Cities are often looking for more effective and efficient ways to provide services to citizens. An agreement on common powers can be a way for cities to achieve efficiency gains. An agreement on joint powers must be a written agreement approved by the governing bodies cooperating under the agreement. A joint powers agreement may create a separate entity of joint powers that can act largely independently of its formative government entities. (d) a body established by an agreement on common powers is a political and legal body empowered to: (1) bring an action and be prosecuted; (2) enter into and execute contracts and other instruments necessary for the exercise of the powers of the region; (3) define, amend and revoke the policies and procedures relating to the operation of the region; (4) receive and spend funds; (5) apply for and receive grants from the Commonwealth, the federal government and other donors; (6) submit to each unit of the member administrations an annual report containing a detailed financial statement and a statement indicating the method used to calculate the estimated annual costs for each government unit; and (7) any other powers necessary to properly exercise its powers as a political and legal person. (b) The chief executive of a city or municipality, or a council, committee or officer legally authorized to perform a contract on behalf of a government entity, may, on behalf of the entity, enter into an agreement with another government entity on joint powers for the joint exercise of its common powers and functions in a given region; provided, however, that the joint authority agreement does not apply to services to veterans in a city or district and that municipal services and services to veterans are subject to Chapter 115. The agreement on joint powers is approved by the parties as follows: in a city, by the municipal council with the consent of the mayor; in a city by the board of directors of elected officials; and in a district by the Oversight Committee. The decision to conclude an agreement on common powers under this Section or to join an existing region shall not be subject to the negotiations provided for in Chapter 150E. Joint authorities are legally created entities that allow two or more public bodies to jointly exercise common powers. The establishment of such bodies can not only provide a creative approach to the provision of public services, but also enable public authorities to provide services more efficiently and cost-effectively. The Joint Exercise of Powers Act, as codified in California Government Code Section 6500, governs JPAs.
By law, JPAs are limited to use by public bodies. However, the term public body is very broad. A public body may include, but is not limited to, the federal government, state or state departments, joint water companies, public districts, and recognized Native American tribes. The law approves two types of PPV agreements. The first allows two or more public sector bodies to conclude contracts for the joint exercise of common competences. The second allows two or more public bodies to form a separate legal entity. This new entity has independent legal rights, including the ability to enter into contracts, own property, and sue or be sued. The formation of a separate entity may be beneficial because the debts, liabilities and obligations of the JPA belong to that company and not to the contracting parties. To conclude an APA (either to exercise powers jointly or to form a separate legal entity), public authorities must conclude an agreement. This agreement must specify both the powers of the JPA and how they are exercised. The governing bodies of all contracting authorities must approve the agreement. A 2007 report by the Senate Committee on Local Government noted that JPAs, with more than 1,800 JPAs, have played an increasing role in California government agencies.
Therefore, a JPA agreement could be a beneficial way for public authorities to look for better ways to provide public services. `region` means any geographically designated area in which the powers and obligations provided for in an agreement on common competences are exercised. `Memorandum of Understanding on Common Powers` means a contract which sets out the terms and conditions for the joint exercise of the powers and obligations entered into by the government bodies concerned in accordance with the law applicable to such an entity and this Section. It is important to note that an entity of joint powers is not a covered party to the city`s LMCIT liability coverage, unless special agreements have been entered into. Cities must ensure that any entity with common powers in which they are involved has liability coverage. .