BASIC LEGAL STANDARDS FOR AN INTERLOCAL
Mr. David Day, Esq., Church, Church, Hittle & Antrim, offers the following information
dealing with the basic legal standards for providing services through a Joint Agreement
or an Interlocal Agreement.
TO: WILLIAM DREIBELBIS
FROM: DAVID DAY
DATE: JULY 1, 2009
RE: RISE AGREEMENT
RISE currently operates under a joint services and supply agreement that was last
updated a couple of years ago. The statute authorizing joint service and supply
agreements essentially allows schools to exercise jointly any power that they could
IC 36-1-7 provides an alternative means for more than one political subdivision to
exercise jointly a power that they could exercise individually. This statute authorizes
Indiana political subdivisions (this term includes school corporations) to enter into what
are called “interlocal agreements” to accomplish this goal. The interlocal agreement, like
the joint service and supply agreement, contains terms concerning the duration and
purpose of the enterprise, the manner of financing and staffing and the methods to be
employed in terminating the agreement. In addition, the statute provides for a variety of
ways to administer the agreement including the creation of a separate legal entity.
Unlike a joint services and supply agreement, however, which must designate one of its
participating school corporations to administer and supervise the joint program, the
interlocal agreement can either (1) delegate funding authority to the treasurer of one of
its participants; or (2) create its own funding authority. If the latter option is chosen, then
the agreement must be approved by the attorney general. Also, because this interlocal
would carry out the authority that is subject to control by the state, the State Board of
Education would also have to approve the interlocal here. Neither of these approvals
should present significant obstacles.
This poses some interesting questions because we could do this differently than we do now, but will we? Our current JS&S names Perry Township as the legal representative (and I understand why they'd run the other way from that), but it's possible to continue as we have begun. While it seems to be the intention of RISE administration to move to it's own legal entity, it isn't strictly necessary or necessarily the wish of all the townships to do so.
My understanding was that we would have to become our own entity. That isn't exactly true. SO it makes me wonder who's leaning to what and when it will all be revealed. The politics of the Interlocal boggle the mind.