UnderstandingIntergovernmental Relations

Alan W. Kemp Executive Director

Dustin Miller Government Affairs Manager

Opportunities for Intergovernmental Relations• Intergovernmental Relations Occur

• Vertically – Federalist System• Laterally – Political Subdivisions• Spatially - Inter-organizational Relations

Federal Government

State Government

School City County

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 - IPERS• Executive Branch – City Budget Forms• Judicial Branch – Franchise fee decision

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

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

Reasons to Collaborate with Other Local Governments• Forces pushing for regionalization

and service sharing• Federal government – i.e. Homeland

Security• State Government – i.e. Flood Plain

Management• Economic Forces

Reasons to Collaborate with Other Local Governments• 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

• 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

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

League of Cities – Legislative/Regulatory • One staff lobbyist – Dustin Miller• Fiscal Analyst – Erin Mullenix• Legal Counsel – Terry Timmins &

Bruce Bergman• One contract lobbyist – Jessica

Harder

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

Iowa Legislative process:Current Political Makeup• House of Representatives

• 53 Republicans• 47 Democrats

• Senate• 26 Democrats• 24 Republicans

• Governor Terry Branstad (R)

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: Reality

• Very few bills actually become law – 2009 session – 2,043 bills were introduced, but ONLY 184 were actually passed.

• That means that only 9% of the bills that were introduced were actually passed and became law - .090%

• Of those bills, 12 were appropriations-related legislation that pass every session. So, if you eliminate those - .084% of other legislative ideas actually passed.

• Amendments are an important part of the process – 3,193 were drafted and 1,149 were filed

Iowa Legislative Process: Difficulty of Passing a Bill• The system we operate within is set up

so that bills DON’T pass• It is much easier to kill a bill than to pass

one• At every step along the way there are

obstacles, both overt and hidden• Key is to have a legislative champion to work

on the inside to support the issue and to have a STRONG collaborative group working for passage and to KNOW the process.

Iowa Legislative Process: Citizen Legislators• Part-time• Varied backgrounds• 3+ month time period with 100s of

bills• Committee assignments• Committee staff

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

Iowa Legislative Process: How A Bill Becomes A Law • 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

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

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, $$

Senator for Newton

Standing Committee AssignmentsAgricultureAppropriationsNatural Resources and Environment (Vice Chair)Veterans AffairsWays and Means

Time in LegislatureSenator Since 1995 Rep from 1983 to 1995

BackgroundRetired conservationist. Resides in Grinnell. Received B.S. in forest management and M.S. in natural resource economics from Utah State University. Member of Izaak Walton League, Iowa Sister State Taiwan Committee, Jasper Community Foundation Board of Directors. Same barber as Dustin Miller.

Dennis Black (D)

Representative for Newton

Standing Committee AssignmentsAgricultureEnvironmental ProtectionWays and Means

Time in LegislatureMember Since 2011

BackgroundProfession: Realtor, owner and operator of Dan Kelley D. J. Service. Education: Received B.A. with honors in communications studies from the University of Iowa. Memberships and Activities: Served as president of Newton Board of realtors; 2007 Newton Board of Realtors; executive board of directors, Newton Housing and Development Corporation; Board member Newton Chamber of Commerce. Birth and Residence: Born in 1970 in Marshalltown. Raised and resides in Newton.

Dan Kelley (D)

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

COMMUNICATE

• Most important thing you can do during session is communicate with us to let us know what you are hearing in your community • Dustin Miller

• dustinmiller@iowaleague.org• (515)883-0925

QUESTIONS?