Did the Arkansas AG approve the renewal of the Crowley Ridge Regional Library interlocal cooperation agreement between Craighead and Poinsett counties?
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This page answers the general question as of 2014. Ezel answers yours: what it means for your facts, under current Arkansas law, with citations.
Plain-English summary
Nancy Dobbins, Business Manager of the Craighead County Jonesboro Public Library, asked AG Dustin McDaniel under A.C.A. § 25-20-104(f)(1) to review and approve the renewed interlocal cooperation agreement between Craighead County and Poinsett County for the Crowley Ridge Regional Library. The Library serves rural library needs across both counties. The previous agreement (term: January 1, 2008 to December 31, 2013) had been approved in Op. Att'y Gen. 2009-061. The renewed agreement made only minor modifications related to the Library Director's role as ex-officio Secretary and Treasurer, the agreement term, and the Board's meeting frequency. The AG verified that the agreement met all the substantive requirements of the Interlocal Cooperation Act and approved it.
Currency note
This opinion was issued in 2014. 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.
What the Interlocal Cooperation Act requires
The AG reviewed the agreement against the checklist in A.C.A. § 25-20-104. The act requires every interlocal agreement to specify five items:
- Duration of the agreement
- Purposes of the agreement
- Manner of financing the joint undertaking and establishing and maintaining its budget
- Methods of terminating the agreement and disposing of property upon termination
- Any other necessary and proper matters
When the agreement does not create a separate legal entity (as here), it must additionally specify two more items:
- Provisions for an administrator or joint board responsible for administering the joint undertaking
- Manner of acquiring, holding, and disposing of real and personal property used in the joint undertaking
The Crowley Ridge agreement satisfied all of those.
Common questions
Q: Why does the AG have to approve interlocal agreements at all?
A.C.A. § 25-20-104(f)(1) requires AG review and approval before an interlocal cooperation agreement can take effect. The check exists to ensure that participating units of local government have legal authority to enter into the agreement and that the agreement covers the items the Interlocal Cooperation Act specifies.
Q: What is a regional library in Arkansas?
A regional library is a multi-county library system that pools resources for branch operations, collection development, and rural service. Two or more counties enter into a cooperation agreement, appoint a regional library board, and operate the system jointly.
Q: Could a county exit a regional library agreement?
The agreement itself must specify "methods of accomplishing termination" and property disposition. Most agreements include a notice procedure plus a formula for dividing assets if a county pulls out. The specific termination procedure is not detailed in the opinion.
Q: Does the AG opinion mean the agreement is automatically binding on both counties?
The opinion confirms the agreement meets statutory requirements for form and content. The counties still have to execute and adopt it in accordance with their internal procedures (typically a quorum court ordinance).
Citations
Statutes
- A.C.A. § 25-20-104 (Interlocal Cooperation Act, AG approval requirement)
- A.C.A. § 25-20-104(c) (five required content items)
- A.C.A. § 25-20-104(d) (two additional items when no separate entity)
- A.C.A. § 25-20-104(f)(1) (AG approval mechanism)
Prior AG opinions
- Op. Att'y Gen. 2009-061 (approving prior Crowley Ridge agreement, 2008-2013 term)
Source
Original opinion text
STATE OF ARKANSAS
THE ATTORNEY GENERAL
DUSTIN McDANIEL
Opinion No. 2014-017
March 18, 2014
Ms. Nancy Dobbins, Business Manager
Craighead County Jonesboro Public Library
315 West Oak Avenue
Jonesboro, Arkansas 72401-3594
Dear Ms. Dobbins:
This is in response to your request pursuant to A.C.A. § 25-20-104(f)(1) (Supp. 2013) for my review and approval of the renewal of an interlocal agreement between Craighead County, Arkansas and Poinsett County, Arkansas, entitled "Crowley Ridge Regional Library Interlocal Cooperation Agreement."
My review indicates that the stated purpose of the agreement has remained unchanged, and includes the development of a "Regional Library Collection Development Policy with emphasis on rural library needs...." According to my review, the agreement has been modified in only a few respects, pertaining specifically to the Library Director's service as ex-officio Secretary and Treasurer of the Board, the term of the Agreement, and the frequency of Board meetings.
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.
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) Provisions 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.
The agreement 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,
DUSTIN MCDANIEL
Attorney General
DM:EAW/cyh
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