Agenda 02/28/2006 - Laserfiche WebLink

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and efficient development of the physical, social and economic elements of the district by planning, and encouraging and assisting governmental subdivisions to plan for the future. It shall not be the duty of the commission to perform the functions necessary to Implement the plans and [*5] policies established by it or to furnish governmental services to the district." (Emphasis added.) Your inquiry, therefore, requires the determination of whether the contemplated agreement is prohibited by the limitation of PDC activities to planning related functions. In other words, are the functions to be assumed by PDC authorized "planning," as opposed to prohibited "implementation"? Prior Opinions of this Office provide examples of activities found to be outside the authorized scope of a commission's planning function. Prohibited activities include the creation of corporations to perform service functions, n1 to administer grants, n2 and o perform Industrial development activities such as advertising the advantages of an ; r':!a and negotiating agreements with business or industries. n3 Furthermore, in the . context of conflict of interests, it was found that a planning commission, by its nature and function, is an advisory agency. Reports of the Attorney General: 1981-1982 at 407; 1974-1975 at 562. - - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - n1 1970-1971 Report of the Attorney General at 295. See also 1970-1971 Report of the Attorney General at 294 (actual performance of governmental services by PDC employees prohibited). n2 1972-1973 Report of the Attorney General at 305. n3 Id. at 308. - - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - [*6] In your particular situation, a review of the purposes of EDC, H&R and the model contract establishes that some of the staff and management functions to be assumed by PDC clearly go beyond planning and into implementation or the providing of services. n4 A structural analysis of the resulting entities supports this conclusion. The executive director of PDC will become the executive director of H&R. PDC will absorb four H&R staff members. The model contract states that PDC would "provide all staff personnel to manage the operation" of the other entity. It is difficult to see how the distinction between the planning and implementation stages of community development could be maintained in such circumstances. - - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - n4 For example, an aggressive promotional program to develop an active prospect search effort.