MMC Intergovernmental Communication 4 — Questions and Answers
Question 1: A city clerk receives official notice from the state that the city has failed to submit a required annual report. The BEST immediate response is to:
- Wait for the city council's next regular meeting to discuss the issue
- Notify the mayor or city manager and appropriate department heads immediately (Correct answer)
- Ignore the notice if the deadline has already passed
- Contact the media to explain the delay
Correct answer: Notify the mayor or city manager and appropriate department heads immediately
The clerk should immediately alert the chief administrator and relevant staff so corrective action can be taken without further delay or penalty.
Question 2: The Freedom of Information Act (FOIA) at the federal level and comparable state open records laws affect intergovernmental communication primarily by:
- Allowing agencies to withhold all communications between governments
- Requiring that most records, including intergovernmental correspondence, be available to the public (Correct answer)
- Applying only to federal agencies, not to local governments
- Exempting all intergovernmental agreements from public disclosure
Correct answer: Requiring that most records, including intergovernmental correspondence, be available to the public
Open records laws generally require government agencies to make their records, including correspondence with other agencies, available to the public absent a specific exemption.
Question 3: In a formal intergovernmental meeting between city and county officials, the municipal clerk's MOST important role is to:
- Negotiate terms of any proposed agreement on the city's behalf
- Accurately record minutes and ensure proper documentation of decisions (Correct answer)
- Chair the meeting to maintain neutrality
- Vote on agenda items to break ties
Correct answer: Accurately record minutes and ensure proper documentation of decisions
The clerk's primary role in intergovernmental meetings is accurate documentation of discussions, decisions, and agreements for the official record.
Question 4: Which type of intergovernmental agreement allows one government to perform a service on behalf of another for a fee?
- Mutual aid agreement
- Interlocal service contract (Correct answer)
- Memorandum of understanding (MOU)
- Consent decree
Correct answer: Interlocal service contract
An interlocal service contract specifies the terms under which one governmental entity provides a service to another for compensation.
Question 5: State mandates passed down to local governments often create tension in intergovernmental relations primarily because they:
- Expand local revenue authority without restrictions
- Impose requirements without providing sufficient funding (Correct answer)
- Allow cities to opt out of state programs freely
- Require voter approval before local implementation
Correct answer: Impose requirements without providing sufficient funding
Unfunded mandates require local governments to implement state-directed programs using local funds, straining municipal budgets and autonomy.
Question 6: A council member asks the municipal clerk to communicate the council's opposition to a proposed state bill. The clerk should:
- Draft and send the letter using personal email to expedite delivery
- Prepare a formal letter for council authorization before sending (Correct answer)
- Decline, as clerks cannot engage in state legislative matters
- Post the opposition anonymously on a government website
Correct answer: Prepare a formal letter for council authorization before sending
Any official communication to the state legislature must be formally authorized by the governing body before the clerk transmits it.
Question 7: The purpose of a Memorandum of Understanding (MOU) between two government agencies is BEST described as:
- A legally binding contract enforceable in court
- A non-binding document expressing mutual intent and cooperation (Correct answer)
- A grant agreement detailing funding conditions
- A legislative resolution requiring state approval
Correct answer: A non-binding document expressing mutual intent and cooperation
An MOU is typically a non-binding agreement that outlines the intent of two agencies to cooperate, establishing shared expectations without creating legal obligations.
MMC Intergovernmental Communication 4
A city clerk receives official notice from the state that the city has failed to submit a required annual report.
The BEST immediate response is to: