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Gordon Heitke <br />From: HawkLaw1@aol.com <br />Sent: Friday, March 02, 2007 3:26 PM <br />To: Gordon Heitke <br />Subject: Re: Effect of Charter on JPA <br />Page 1 of 1 <br />1 S C1)-) Wo-Lia S. S r o--y1 <br />........... _.. ... <br />Gordon: <br />I am responding to your request for my opinion on whether or not the city council can enter into a joint powers agreement and <br />make financial contributions thereunder when such JPA gives budgeting control to a board of directors established in the JPA. <br />My legal opinion is that this is permissible. <br />Under the Lino Lake City Charter, Section 7.01 the city council has full authority over the financial affairs of the City. Under <br />Minnesota Statute 471.59, state law allows governmental bodies to enter into joint powers agreements to jointly and <br />cooperatively exercise any power common to each governmental unit. This state law also provides that the parties to the <br />agreement may provide for disbursements from public funds and that such funds may be paid to and disbursed by the <br />JPA organization as may be agreed upon between the joint powers participants. <br />Clearly the state statute contemplates transfer of City funds to the JPA organization. The decision to join the organization and <br />make financial contributions is done by the City Council. I do not read Section 7.01 of the Charter as being so broad as to <br />require City Council approval of a JPA boards budget decision in order to be a member. The act of reviewing and approving the <br />JPA along with knowledge of the financial obligations the JPA will impose upon the City satisfies Section 7.01 of the charter. <br />Bill Hawkins <br />AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. <br />3/5/2007 <br />