What does the Arkansas Attorney General have to check before approving a multi-county agreement to run a shared library system?

Currency note

This opinion was issued in 2014 (dated January 2, 2014, addressing a request submitted in late 2013). Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Plain-English summary

The chairman of the Howard County Public Library asked the Attorney General to approve an "Interlocal Cooperation Agreement for Creation of the Tri-County Regional Library System," a joint agreement among Howard, Sevier, and Little River Counties to establish and support a shared library system under a 1997 state library-district law.

The Attorney General approved the agreement as submitted, reviewing it under Arkansas's general Interlocal Cooperation Act rather than the more specific library statute the requester cited, since the request didn't specify a statutory basis for the review. Applying the Interlocal Cooperation Act's checklist, the opinion confirmed the agreement specified its duration, its purpose, how the joint undertaking would be financed and budgeted, and how the agreement (and any property acquired) would be wound down if terminated, satisfying every requirement the statute imposes on this type of multi-government agreement.

Background and analysis (as of 2014)

Arkansas's Interlocal Cooperation Act requires that any agreement between local governments for joint or cooperative action specify its duration, its purposes, the manner of financing and budgeting the joint undertaking, and how the agreement will be terminated and any resulting property disposed of, among other necessary and proper matters. If the agreement doesn't create a separate legal entity to run the joint project, it must additionally specify who administers the undertaking (an individual administrator or joint board) and how any real or personal property used in the project will be acquired, held, and disposed of.

The opinion worked through this checklist against the submitted Tri-County Regional Library System agreement and found it satisfied each required element, leading to unconditional approval in its submitted form.

Citations and references

Statutes (as they stood in 2013-2014):

• A.C.A. § 25-20-101 et seq., the Interlocal Cooperation Act, the framework applied for this review
• A.C.A. § 25-20-104(c), the required elements for any interlocal joint or cooperative agreement (duration, purpose, financing, termination and property disposal)
• A.C.A. § 25-20-104(d), additional required elements when the agreement doesn't create a separate legal entity
• Act 402 of 1997, codified at A.C.A. § 13-2-401 et seq., the library-system statute under which the counties proposed to create the Tri-County Regional Library System

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

STATE OF ARKANSAS

THE ATTORNEY GENERAL
DUSTIN McDANIEL

Opinion No. 2013-143

January 2, 2014

Ms. Dana Newberg, Chairman
Howard County Public Library
Nashville, Arkansas 71852

Dear Ms. Newberg:

This is in response to your request for my approval of an agreement entitled
"Interlocal Cooperation Agreement for Creation of the Tri-County Regional
Library System." The agreement, entered between Howard County, Sevier
County, and Little River County, Arkansas, proposes to create a library system to
support library services in the three counties, pursuant to Act 402 of 1997 (A.C.A.
§ 13-2-401 et seq.). Although the statutory basis for my review is not specified, I
will analyze the proposed agreement under the Interlocal Cooperation Act (A.C.A.
§ 25-20-101 et seq.).

The Interlocal Cooperation Act requires that interlocal agreements for joint or
cooperative action specify the following items:

(1) The duration of the agreement;
(2) The purposes of the agreement;

(3) The manner of financing the joint or cooperative undertaking and
of establishing and maintaining a budget for it;

(4) The methods of accomplishing termination of the agreement and
for the disposal of property (if any) upon termination;

(5) Any other necessary and proper matters.1

1 A.C.A. § 25-20-104(c) (Supp. 2013).

323 CENTER STREET, SUITE 200 * LITTLE ROCK, ARKANSAS 72201
TELEPHONE (501) 682-2007 * FAX (501) 682-8084
INTERNET WEBSITE * http://www.ag.state.ar.us/

Ms. Dana Newberg, Chairman
Howard County Public Library
Opinion No. 2013-143

Page 2

In addition, if the interlocal agreement does not establish a separate legal entity to
conduct the joint or cooperative undertaking, it must specify the following items:

(1) The provision for an administrator or a joint board that will be
responsible for administering the joint or cooperative undertaking;

(2) The manner of acquiring, holding, and disposing of real and
personal property (if any) used in the joint or cooperative
undertaking.2

The agreement that you have submitted must specify all of the above-listed items.

Having analyzed the agreement you have submitted, I find that it meets the above-
outlined requirements of the law. It is therefore hereby approved in its current
form.

Deputy Attorney General Elisabeth A. Walker prepared the foregoing opinion,
which I hereby approve.

Sincerely,

Attorney General

DM/EAW:cyh

2 Id. at (d).