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Intergovernmental Cooperation

Illinois Constitution Encourages Cooperation

by Peter M. Murphy

While Illinois may lead this nation in the number of local units of government, this does not indicate either a shortcoming or an inefficient manner of delivering public services. In fact, just the opposite is true when one examines the practice of local governments in Illinois,

A brief look at intergovernmental cooperation quickly tells the story. Local governments of all kinds cooperate with each other. Park districts distinguish themselves by leading their fellow governmental entities in such cooperation. This high level of cooperation among Illinois local governments is a tribute to the vision of the drafters of Illinois' 1970 Illinois State Constitution which specifically encourages such cooperation as follows:

A) Units of local government and school districts may contract or otherwise associate among themselves, with the State, with other States and their units of local government and school districts, and with the United States to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or by ordinance. Units of local government and school districts may contract and otherwise associate with individuals, associations, and corporations in any manner not prohibited by law or by ordinance. Participating units of government may use their credit, revenues, and other resources to pay costs and to service debt related to intergovernmental activities.

B) Officers and employees of units of local government and school districts may participate in intergovernmental activities authorized by their units of government without relinquishing their offices or positions.

C) The State shall encourage intergovernmental cooperation and use its technical and financial resources to assist intergovernmental activities.

Clearly the motivation for intergovernmental cooperation comes down to the fundamentals of will it 1) save tax dollars, 2) provide efficiencies of scale and 3) increase the level of available services for Illinois citizens. This issue of Illinois Parks & Recreation focuses on just these benefits as Illinois park districts lead the nation in providing needed recreational opportunities at community owned facilities and parks. (The special focus partnerships articles begin on page 27.)

This provision of the Illinois State Constitution has spawned many books, articles and attorney general opinions on intergovernmental cooperation. Some publications also offer samples of intergovernmental agreements. For a list of such publications, call the IAPD offices.

Peter M. Murphy is general counsel for the Illinois Association of Park Districts. 

Illinois Parks & Recreation * March/April 1996 * 9

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