September 24, 2021

It is important to note that a common power unit is not a covered part of the city`s civil liability coverage by LMCIT, unless special agreements have been concluded. Cities must ensure that each common entity in which they participate has civil liability coverage. If this is not the case, the city may be left with a coverage flaw if it is sued for something the Joint Powers Board did or if bodily injury or property damage is caused by the activities of the Joint Powers Entity. – Learn more about the LMCIT Liability Coverage Guide (pdf) (b) Notwithstanding paragraph (a), a school district, a county and a public health agency may, through the action of their governing bodies, establish a joint board of directors to establish and regulate cooperation in the field of family services, in accordance with section 124D.23. The school district, county and public health institution may rely on other government agencies at their discretion. The composition of a body established under this paragraph shall include, in addition to the members of the governing bodies of the participating government entities, the representation chosen in accordance with section 124D.23, subdivision 1a, in accordance with section 124D.23, subsection 1, point (c). A certification form MUST be submitted and approved before proceeding with a common authority agreement exceeding 5,000 $US. The purpose of certification is to document your efforts to ensure that there are no government personnel to provide the necessary services and to document your efforts to document all government agencies that may meet your service or mission fulfillment needs. If there is only one government agency capable of legally providing the service or performing the task, you don`t have to make any effort to consider the responses of other government agencies – you just need to specify this on the certification form. This is a call for a judgment by the Agency and should be carefully considered. For the purpose of developing, coordinating, presenting and evaluating training programmes for local civil servants, government entities may exercise their powers in accordance with this section, in cooperation with organizations representing government entities and local government officials. (a) Two or more governmental entities may, by virtue of their management bodies, by the adoption of a common authority agreement in accordance with the provisions of subdivisions 1 to 5, establish a joint office for the issuance of bonds or obligations under a law under which each of the governmental entities constituting the joint board of directors issues guarantees or liabilities and the proceeds of the bonds, the obligation to perform the objectives of the law on which the bonds or bonds are issued.

A joint office established under this section may enter into commitments and other forms of indebtedness only in accordance with the explicit authority conferred by the governing bodies of the governmental entities that established the Joint Office. Except for the reasons provided for in points (b) and (c), the joint bureau established under this subdivision may be composed only of members of the governing bodies of the government unit which established the joint bureau. A joint board of directors established under this subdivision shall not jeopardize the full confidence and borrowing or taxing power of any of the government entities that have established the joint board of directors.. . . .

SUBSCRIBE TO OUR NEWSLETTER
Language: