Jonesboro, AR – (JonesboroRightNow.com) – May 22, 2024 – The Attorney General is getting involved in a library issue involving an agreement between local governments.
AR AG Tim Griffin, in an opinion issued Monday, said interlocal agreements between governmental entities must be approved by his office first.
Recently, the Craighead County Quorum Court approved an agreement with the City of Jonesboro over funding for the CCJPL library. The Jonesboro City Council approved the agreement on May 7.
The new AG opinion suggests that the agreement would need to be approved by Griffin’s office before it can go into effect.
The recently published opinion was in response to a request from Craighead County Jonesboro Public Library Director Vanessa Adams about interlocal agreements.
The request for the opinion was regarding an agreement between Poinsett and Craighead counties over funding for the Crowley’s Ridge Regional Library.
According to the CCJPL website, “The Craighead County Jonesboro Public Library and its branches have celebrated more than 40 years of cooperation with the Poinsett County Libraries. Together, both library systems are known as the Crowley Ridge Regional Library.”
In the opinion, Griffin wrote, “Before an interlocal agreement can go into effect, it must first be submitted to the Attorney General for review. In reviewing the agreement, I determine whether it is in proper form and consistent with state law. If it is, I am required to approve it. But if the agreement is deficient in form or substance, I must explain in writing why the agreement fails to meet the requirements of the law.”
The attorney general decided the proposed Interlocal Agreement for Library Services, between Craighead and Poinsett counties did not meet the statutory requirements for the law under the Interlocal Cooperation Act, the purpose of which he described as “to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities.”
“Having reviewed the proposed agreement, I have concluded that it does not meet all of these statutory requirements. The agreement sets forth its duration, manner of financing, and methods by which it may be terminated, and it arguably includes a purpose. But while the agreement references the Crowley’s Ridge Regional Library, which is presumably an independent legal entity, it neither deems the Crowley’s Ridge Regional Library responsible for conducting the joint or cooperative undertaking, nor does it provide for an administrator or joint board responsible for administering the joint or cooperative undertaking. Likewise, the proposed agreement does not include the precise organization, composition, nature, and powers of the Crowley’s Ridge Regional Library (in the event it is a separate legal entity created or renewed by the agreement), nor does it include the manner of acquiring, holding, and disposing of real and personal property used in the undertaking (in the event there is no separate legal entity created to conduct the undertaking). Finally, the agreement fails to set forth the methods for disposing of property upon termination of the agreement.
“Accordingly, it is my opinion that the agreement does not meet the requirements of the Interlocal Cooperation Act, and, therefore, I do not approve the interlocal agreement submitted.”
Craighead County Judge Marvin Day said he was unsure what the effect would be for the county.