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Intergovernmental cooperation a necessary tool for efficiency
Research Corner
T
he federal and state forms of government are not often explored or is underutilized. It is evident cited as efficient modes for delivery of public services. that economic development works best Whereas the expressed definition and purpose of a as a regional undertaking. Economic decounty is: “A political subdivision of the state for the velopment may flourish in a cooperative more convenient administration of justice and the exercise of local environment, but where state and local legislative authority related to county affairs” (ACA 14-14-102). officials work at cross purposes, success is Mark Whitmore It is by design that county officials are assigned on-the-ground re- met with unnecessary headwinds. It’s unAAC Chief Counsel sponsibility for delivery of many essential public services. County derstood that citizens have deep rivalries officials are close to the public, aware of their constituents’ needs with neighboring communities in sports and accountable to the electorate. Department or agency officials and other areas, but when a tornado or and employees administer state and federal governments, and they disaster strikes, neighboring communities are more removed from the public and often make decisions by are the first to arrive to help. Children, neighbors and citizens virtue of slow bureaushould not suffer the consecratic processes. quences of personality differences or an uncooperative history. County officials are A true leader and public steward further expressly emwill explore opportunities for powered by the people intergovernmental cooperation under the Arkansas when the outcome will better Constitution to act cot is evident that economic development works serve the citizenry and generoperatively with other ally consider the use of the tools counties and other best as a regional undertaking. Economic deof cooperation/joint endeavors governmental agenwisely confided to them by the cies. Amendment 55, velopment may flourish in a cooperative environment, people under Amendment 55. §1(c) provides that: “A County may, for any but where state and local officials work at cross purposCooperation Borne public purpose, conof Necessity tract, cooperate, join The recent and unprecedentes, success is met with unnecessary headwinds. with any other county, ed jail and prison overcrowding or with any politiof more than 2,900 state prisoncal subdivisions of the ers in county jails statewide has State, or any other caused some state, city, county states or their political and district officials to contemsubdivisions, or with plate regional jails. The explorathe United States.” The areas of services and opportunities for counties to cooperate or join tion in some areas is limited to a couple of counties and cities. In with other counties, cities or the state are many. The justice system, other areas, the exploration is regional. Regional jails are utilized the assessment, collection and distribution of property taxes and successfully in other states to fulfill the local and state obligations the provision of emergency services represent in-depth partner- to incarcerate prisoners for their truthful sentences — and to muships with the state. Law enforcement, fire, water, sewer and roads, tually address growth in needs for bed space. Regional jails are among others, are county services affirmatively authorized by ACA proactive and counter corrections management by reactionary 14-14-802 and not expressly prohibited by the Arkansas Constitu- emergency powers. Amendment 55 and several laws such as the tion or by law. Also, cooperative purchasing or piggyback procure- Cooperative Endeavors Act, ACA 12-50-101 et seq., authorize this ment can be used to take advantage of the competitive bid process tool. Despite sustained growth in corrections for decades, to date and avoid altogether the costs and time of bidding. Coordination the cooperative undertaking of a regional jail in Arkansas has not of software research and development for collectors, assessors and been able to overcome the barrier known as “the county line.” treasurers has greatly benefited counties. The continued lack of regional jails in Arkansas will not be due The successes of intergovernmental cooperation are many. to legal obstacles. It will be from simple math. The state of ArkanHowever, there are many areas where cooperation has not been sas could greatly facilitate the creation of one or more regional jails
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COUNTY LINES, spring 2014
