Innovative Partnerships: Unlocking the Power of Intergovernmental Agreements

The views expressed are those of the author and do not necessarily reflect the views of ASPA as an organization.

By Tanya Settles
November 11, 2024

Local government leaders are problem solvers, and sometimes two or more need to come together to solve a problem of mutual concern. An Intergovernmental Agreement (IGA) is an important tool that strengthens the capacity of local governments in mutually beneficial ways and achieve together what cannot be accomplished independently. IGAs go beyond mutual aid agreements or memoranda of understanding to create structure and long-term commitment to achieving a shared objective. Negotiating an IGA can be a complex process, because it involves different levels of government and often multiple parties, each of which has potentially overlapping but distinct interests. Here are some strategies that can help make the negotiation process smoother and lead to a successful outcome.

Define Clear Objectives and Scope

Clarify the purpose of the agreement and ensure all parties are on the same page regarding the main goals and objectives of the agreement. This should address key issues such as services, funding, responsibilities and expected outcomes. It is also important to remain focused on key issues and avoid scope creep that can dilute discussions. 

Build Trust and Strong Relationships

Invest in and build relationships early and build rapport with key stakeholders before formal negotiations begin. Establishing mutual respect can facilitate more open communication later in the process.  Encourage transparency among the parties so that each shares information openly and avoids hidden agendas. Transparency fosters trust, which is essential in multi-jurisdictional negotiations. 

Identify Mutual Benefits

Look for win-win solutions and focus discussions on the shared benefits for both parties. Highlight how the agreement will help each government entity achieve its goals. Part of this process involves aligning incentives for each party so every jurisdiction and stakeholder has a vision and interest in success.

Understand Legal and Regulatory Frameworks

Know the legal boundaries and stay in your lane.  In some states, IGAs are guided by statutory requirements in some circumstances. Ensure that the agreement complies with the relevant laws and regulations for each government entity. All parties may need legal counsel involved to draft and review the language. Recognize that limitations may exist related to statute, funding or even political considerations in some cases. 

Collaborate on Solutions to Shared Problems

Work on problem-solving together, and keep in mind that “the problem is the problem”. Identify areas of overlap in responsibilities (e.g., public safety, infrastructure), and seek joint solutions that address the common problems. The more collaborative the process, the easier the negotiations.

Incorporate Flexibility 

Once an IGA is created, it may be renewed on an annual basis, but the terms of the IGA may not be renegotiated for years. Ensure the agreement allows for adjustments to address evolving conditions and includes provisions for renegotiation or amendment.

Be Prepared with Data

Data and measurement is everything in terms of knowing whether the IGA is working as expected.  Use data to back up your arguments, especially when exploring key issues such as budgetary allocations, service levels or performance metrics. In some cases, consider using an independent analyst or mediator who can provide unbiased input, help the parties remain on task and bridge differences. 

Address Long-Term Sustainability

IGAs are long term commitments to partnership. Think ahead and consider how the agreement will be implemented and managed over the long term. Consider regular reviews, oversight committees and performance metrics. Don’t forget to determine how long-term costs will be shared and how to handle financial shortfalls. 

Manage Conflict

Focus on interests, not positions. Rather than arguing over fixed positions, discuss the underlying interests driving those positions. This can help identify alternative solutions and spark innovation. If conflicts become entrenched, bring in a neutral mediator to help steer the process toward a resolution.

Avoid Ambiguity

Ensure clarity in language, and keep in mind the final agreement should be specific about roles, responsibilities, timelines and dispute resolution mechanisms. Avoid vague language that could lead to disagreements down the road. When the time is right, lean into legal counsel to ensure compliance with all legal requirements.

Maintain Public and Political Engagement

Plan to regularly brief community leaders and members, elected officials, and administrators on the progress and key issues in the negotiation. This helps maintain support and avoid surprises. Be sure to engage the public when necessary. In cases where public opinion may be important, consider conducting community outreach to gain insight and offer transparency about the need for and benefits of an IGA. 

By following these strategies, local governments can approach the negotiation with a strong foundation, ensure that all parties feel heard and the agreement is sustainable and beneficial for the long term.

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Author: Tanya Settles is the CEO of Paradigm Public Affairs, LLC.  Tanya’s areas of work includes relationship building between local governments and communities, restorative justice, and the impacts of natural and human-caused disasters on at-risk populations.  Tanya can be reached at [email protected].  The opinions in this column and any mistakes are hers alone. 

 

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