Syllabus
(As revised through 5-15-2015, subject to further change with notice to students)
PA 522 Intergovernmental Relations in the United States
3.0 Credit Hours, Elective
Section 001, Class # 4242
Prerequisite: Graduate standing or PBS status
North Carolina State University
School of Public and International Affairs
Master of Public Administration Program
First Summer Session, 2015
May 18 – June 17
Monday & Wednesday evenings, 6:00-9:45 p.m. (Nine class sessions)
Tompkins Hall, Room G125 (downstairs basement level, not Room 125 on 1st floor)
Instructor:
Ellis Hankins
Visiting Lecturer
ellis.hankins@gmail.com
Cell & Text: 919-349-8988
Course Description:
Examination of distinctive features of intergovernmental relations in the U. S. Topics to be
stressed include historical adaptations of federalism, emerging role of the administrator,
contemporary trends in intergovernmental relations and assessment of contemporary trends from
federal, state and local perspectives.
This course is designed to enhance the practical skills of future public administration
practitioners in navigating our complex intergovernmental system and supporting elected
officials and others in influencing the outcome of public policy issues, consistent with
professional ethics guidance. The course examines the division of authority and responsibilities
between and working relationships among municipal, county, state and federal governments.
Topics will include federal and state constitutional, statutory and historical underpinnings, fiscal
implications, and sources of authority and constraints. Discussions will focus heavily on practical
realities and essential nuts and bolts skills. Concepts will be illustrated with specific real world
issues that cut across different levels of government, and presentations by current and former
public officials and other speakers. Clear, concise and persuasive communication will be
emphasized in writing assignments and oral presentations.
Textbook: None. Brief reading assignments, for general concepts.
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NOTE: No class on Wednesday, May 20 (rescheduled to Thursday, May 28);
or Monday, May 25, Memorial Day (University holiday)
May 18
Federal overview
May 20
No class, rescheduled to Thursday, May 28
May 27
Collective bargaining, law enforcement issues; economic
development & incentives
May 28
State overview (rescheduled from May 20)
June 1
Health and human services, public education
June 3
Environmental policy & regulatory issues
June 8
Oversight of local finances
June 10
Municipalities in the intergovernmental system; working with
Governor’s Office, state agencies & congressional
delegation; Marketplace Fairness Act; emergency preparedness
June 15
Legal issues, claims and litigation; public transit issues
June 17
Individual presentations, closing comments, final exam preparation
Session topics, speakers, advance reading and assignments:
Session 1 – May 18
Federal overview
Review of general framework of American federalism and allocation of authority, functional
responsibilities of and relationships between federal, state, municipal and county governments,
public school districts and regional entities.
Primary focus of first session: How do you go about influencing members of Congress on federal
issues?
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Speakers:


Honorable Bob Etheridge, former Congressman (former NC Superintendent of Public
Instruction, former member of NC House of Representatives, former Harnett County
Commissioner) (Confirmed)
Charles Archer, Freese & Nichols engineers and architects
(formerly County Manager, Halifax County, N.C.; and Chief Operating Officer, N.C.
League of Municipalities) (Confirmed, speaking about work on federal legislative and
regulatory issues, & appropriate roles of public managers on public policy
issues)(Confirmed)
Advance reading:
 Summaries of selected provisions of U.S. Constitution--Commerce Clause, Spending
Clause, Tenth Amendment (skim the online articles below—this is not a law school class,
articles serve simply to reintroduce the concept of limited federal power)
http://www.law.cornell.edu/wex/commerce_clause
http://legal-dictionary.thefreedictionary.com/Spending+Power
http://legaldictionary.thefreedictionary.com/Tenth+Amendment+to+the+United+States+Constitutio
n
 Summary of U.S. Supreme Court decision in NFIB v. Sebelius (Patient Protection &
Affordable Care Act)(2012)
http://www.leg.wa.gov/JointCommittees/HRI/Documents/July%202012/JSC%20%20NFIB%20summary.pdf
Session 2 – May 27 Collective bargaining & related federal, state & local issues; law
enforcement issues; economic development and incentives
Topic #1: Discussion of proposed federally mandated collective bargaining for state and local
public safety officers, and state and local government implications. Would that federal unfunded
mandate be constitutional? Would it be a good idea and defensible on the merits? Discussion of
other related issues at state and local levels.
Topic #2: How is the law enforcement function organized in NC state and local government,
and who is responsible for what? What are the responsibilities of other parts of the criminal
justice system? How are law enforcement officers trained and certified?
Topic #3: Who does what, how in economic development? Are state and local economic
development incentives constitutional, effective and a wise use of public funds? Use of eminent
domain for economic development purposes? Opportunities for public-private partnerships?
Grants to local governments for economic development purposes? Examples of successful
economic development projects.
3
Speakers:


Edmond W. (Eddie) Caldwell, Jr., Executive Vice President & General Counsel, N.C.
Sheriffs Association (former legal counsel to Speaker Joe Mavretic, N.C. House of
Representatives)(Confirmed)
Ernest C. (Ernie) Pearson, Partner (Attorney), Nexsen Pruet, Raleigh (former Assistant
Secretary for Economic Development, NC Department of Commerce, former member
Town of Holly Springs Board of Commissioners)(Confirmed)
Advance reading:
 Congressional Research Service Report on H.R. 413 Public Safety Employer-Employee
Cooperation Act (2009-2010 Congress)
http://edworkforce.house.gov/uploadedfiles/3.10.10_crs_r40738.pdf
 G.S. 95-98, -98.1, -98.2 Collective bargaining and strikes prohibited
http://ncleg.net/gascripts/statutes/Statutes.asp
 Summary of law enforcement function in NC:
http://www.sogpubs.unc.edu/cmg/cmg29.pdf
 Maready v. City of Winston-Salem, N.C. Supreme Court (1996), summary
(sent by email)
 Piedmont Triad Airport Authority v. Urbine, N.C. Supreme Court (2001), summary
(sent by email)
 Kelo v City of New London, CT, U.S. Supreme Court, (2005), summary (sent by email)
Assignments:
 Prepare for May 27 class discussion of the merits of potential federally mandated
collective bargaining, and of economic development issues and incentives
 Writing assignment #1 -- Prepare concise issue paper, no more than 2 pages, stating
arguments FOR and arguments AGAINST H.R. 413. Due June 1.
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Session 3 – May 28 State overview
How do state legislatures really work? What are appropriate roles and responsibilities for local
government and other managers on relevant issues? How to inform and prepare local elected
officials or nonprofit board members to work on legislative issues? How do legislative lobbyists
do their work? What is the role of local government associations and private sector trade
associations? How do you develop accurate, relevant facts, fiscal impact information, and
persuasive arguments? Does it matter anymore? Dealing with the media on legislative issues.
Unfunded mandates, preemption, interplay of issues at local, state and federal levels. Issue
examples: school construction authority and responsibilities, protecting local revenues, land use
disputes.
Speakers:

Cara Bridges (NCSU MPA ‘14) & Timothy Dale, NC General Assembly Fiscal Research
Division
Advance reading:
 Selected provisions of N.C. Constitution (Article II, Sec. 23 & 24; Article V, Sec. 2(1) &
(7), 4(1), 13, 14; Article VI, Sec. 6; Article VII, Sec. 1; Article IX, Sec. 2):
http://www.ncga.state.nc.us/legislation/constitution/ncconstitution.html
(intended only to acquaint students with state constitutional concepts—no in-depth
analysis required)
 Selected general local government statutes (G.S. 160A-4 Broad construction; G.S. 160A20(a) Security interests (installment purchase financing); G.S. 160A-20.1 Contracts with
private entities; G.S. 160A-461 Interlocal cooperation authorized; G.S. 160A-288(a) Law
enforcement cooperation)
(same comment as above—skim these statutes to grasp general concepts)
To view statutes: go to http://ncleg.net , click the General Statutes shortcut link, insert
statute section number in the “Look-Up” box, in this format: 160A-4
http://ncleg.net/gascripts/statutes/Statutes.asp
 Limited local government authority
http://www.nlc.org/build-skills-and-networks/resources/cities-101/city-powers/localgovernment-authority
 Read sample local government fiscal note on an environmental issue, prepare for class
discussion: http://www.osbm.state.nc.us/files/pdf_files/DENR09132011.pdf
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Assignments:
 Mock lobbying session, mock legislative committee meeting during May 28 class
 Writing assignment #2 -- Prepare concise summary (one page) of assigned sample N.C.
General Assembly bill, and simple fiscal note (one page, simply discussing potential local
government cost factors, without specific dollar estimates). Due June 8.
Session 4 – June 1
Health and human services, public education
Topic #1: How do the health and human services programs work in NC—Medicare, Medicaid,
social services, public health, mental health, etc.? Where does the money come from, and for
what purposes is it spent? Who, at what levels of government, are responsible for what? What
groups attempt to influence public policy in this area, and how?
Topic #2: How does public education work in N.C., compared to other states, how is it funded,
and what levels of government are responsible for what? What is the role of the General
Assembly, the State Board of Education, and local boards of education? What is the role of the
education advocacy groups, and how do they do their work? Generally: How do legislative
lobbyists do their work; how do legislators tell the credible lobbyists from others; how do
associations for public entities do their work on public policy issues?


Lanier Cansler, President, Cansler Collaborative Resources, Raleigh
(former Secretary, NC Department of Health and Human Services, former member of NC
House of Representatives ) (Confirmed)
Dr. Ed Dunlap, Executive Director, N.C. School Boards Association (Confirmed)
Advance reading:
 NC Department of Commerce summary of the organization, operation and success of
public schools, community colleges and universities in NC (click the links and start
thinking about questions to ask speakers about NC compared to other states):
http://www.thrivenc.com/whync/education
 Readings re health & human services: _________________________________
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Session 5 – June 3
Environmental policy & regulatory issues
Who does what, how in environmental protection and management? How do mayors and elected
officials work on issues and local needs with federal and state elected officials and regulatory
agency officials? How do interest groups and local government professionals influence the
development of environmental regulations at the state and federal levels? Appropriate role of city
and county managers and professional staff? Unfunded mandates, preemption? Grants for water
quality improvement and other environmental projects?
Speakers:

Dee Freeman, former Secretary of N.C. Department of Environment and Natural
Resources (former city manager and regional council of governments executive director)
(Confirmed)

Stephen T. (Steve) Smith, Partner (Attorney), McMillan & Smith, Raleigh
(former chair, NC Environmental Management Commission) (Confirmed)
Advance reading:
 NCLM regulatory issues advocacy
http://www.nclm.org/SiteCollectionDocuments/Legislative/Updated%20Issue%20Briefs
%20December%202012/Regulatory%20Issue%20Brief%20(12.18.2012).pdf
 G.S. 120-30.44 & -30.45 Local government fiscal notes
http://ncleg.net/gascripts/statutes/Statutes.asp
 Note: Skim these NCLM materials simply to grasp general concepts and regulatory
advocacy practices, no in-depth analysis required or expected:
NCLM 303(d) list comments (March 2012)
303(d) List Comments Target Transparency, Statewide Mercury Listing (March 2012
EcoLINC)
Commission Nudges Toward Allowing Sunshine on Impaired Waters List (September
2012 EcoLINC)
Impaired Waters List Conversation Shifts to Legislature (October 2012 EcoLINC)
EMC Agrees to Oversee Impaired Waters List (November 2012 EcoLINC)
Impaired Waters Determinations Need More Detail, Flexibility (December 2012
EcoLINC)
Displeased, Commissioners Take More Time on Impaired Waters List (January 2013
EcoLINC)
League Achieves Goal with Vote on Impaired Waters List Process (March 2013
EcoLINC)
 ICMA Code of Ethics:
http://www.ncmanagers.org/SiteCollectionDocuments/ICMA_Code_of_Ethics.pdf
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Session 6 – June 8
Oversight of local finances
Topic #1: State agency financial oversight of local government finances and borrowing. Taxexempt bonds. How do local government managers, finance directors and retained professionals
work with the Local Government Commission in the N.C. State Treasurer’s Office and other
oversight agencies, bond counsel, auditors and other retained professionals?
Speakers:

Greg Gaskins, Deputy State Treasurer and Secretary, NC Local Government
Commission; former Finance Director, City of Charlotte
Advance reading:
 Summary of S.C. v. Baker, U.S. Supreme Court (1998)
(sent by email)
 G.S. 159-3, -34, -51, -52
http://ncleg.net/gascripts/statutes/Statutes.asp
Session 7 – June 10
Working with Governor’s Office, state agencies &
congressional delegation; municipalities in the
intergovernmental system
Topic #1: How do state agencies work with local governments? How about complying with and
implementing federal requirements? What is the role of the Governor, and how do/can you work
effectively with the Governor’s Office? Role of Governor’s Washington, D.C. office? How do
governors decide whether to veto bills? Intergovernmental issue example, local/state/federal:
federal Marketplace Fairness Act of 2015
Topic #2: How do local elected officials and professional staff work with elected officials and
staff at other levels of government on intergovernmental issues? What is the appropriate role of
city and county managers, in light of ethical guidance in the ICMA Code of Ethics?
Topic #3: Emergency management and homeland security issues. Who does what, at what levels
of government?
Speakers:


Mayor Robert S. (Bob) Matheny, Town of Zebulon; Second Vice President, NC League
of Municipalities; Member, Risk Management Board of Trustees, NCLM (Confirmed,
7:00)
Ben Shivar, Town Manager, Town of Cary (NCSU MPA) (Confirmed, 7:00)
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
Kevin Howell, Assistant to the Chancellor for External Affairs, NC State University
(former Legislative Liaison, Office of Governor Mike Easley; former member, NC State
Board of Education) (Confirmed, 8:15)
Advance reading:
 S. 336 Marketplace Fairness Act materials (NCLM/NCACC/NCRMA joint letter to
Governor McCrory re S. 336) (sent by email)
 Governor Perdue message announcing that she would allow 2013 municipal annexation
restriction bill to become law without her signature
http://www.wral.com/news/state/nccapitol/story/11190475/
 Emergency Management Mutual Aid Agreement (drafted primarily by NCLM staff
attorneys) (sent by email)
http://www.readynclocal.org/mutual-aid.aspx
 Emergency Preparedness Principles (sent by email)
Session 8 – June 15 Legal issues, claims & litigation; public transit issues
Topic #1: What is the role of the state and federal judiciary? How do you decide that an issue is
important enough to challenge or defend in court, and bear the expense of litigation with public
funds? When to pay or agree to settle claims? Role of the city/entity attorney? Issues: Charlotte
Douglas Airport, Asheville water system, Wake County Board of Commissioners and Board of
Education elections, adult entertainment establishments and other enforcement actions, special
events (Democratic National Convention).
Topic #2: What are the funding sources for public transit capital equipment and operations?
What are the organization and management options for local and regional transit operations?
Who decides what with respect to public transit at the local, state and federal levels? What are
challenges must be overcome to establish and sustain sound public transit operations?
Speakers:



Gregg Schwitzgebel, Associate General Counsel, NC League of Municipalities
(Confirmed)
William (Willie) Wilson, Manager of Property & Liability Claims, NCLM (Confirmed)
Melinda (Mindy) Taylor (NCSU MPA ’14 & alumnus of the Intergovernmental Relations
course), Senior Financial Analyst, GoTriangle (formerly Triangle Transit
Authority)(Confirmed)
Advance reading:
 WSOC TV story about Charlotte Douglas Airport lawsuit & FAA issues
http://www.wsoctv.com/news/news/local/airport-fight-heads-court-today/nY9rM/
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 Newspaper story 6-10-2014 about Asheville water system transfer bill
http://www.citizen-times.com/story/news/local/2014/06/09/asheville-can-keep-watersystem-judge-says/10252961/
 Changes to Wake County Board of Commissioners elections imposed by NC General
Assembly:
o SB 181 (2015): http://ncleg.net/Sessions/2015/Bills/Senate/PDF/S181v6.pdf
o News & Observer story (3/5/2015):
http://www.newsobserver.com/news/politics-government/statepolitics/article12720638.html
 NCLM sponsored Property & Liability Insurance Trust (established by an interlocal
agreement among cities)
http://rms.nclm.org/about-us/Pages/Products.aspx
NCLM RMS Board of Trustees:
http://rms.nclm.org/about-us/Pages/Board-of-Trustees.aspx
 Public transit in NC:
NCDOT: http://www.ncdot.gov/nctransit/
http://www.ncdot.gov/nctransit/download/TransSystems.pdf
NC Public Transportation Association:
http://www.nctransit.org/system-maps/
(see maps of different types of NC systems)
Assignment:
 Research for brief oral presentation -- Select a state legislative issue (feel free to
consult with instructor), research and prepare to make a 3 minute oral
presentation/statement to mock state legislative committee during June 17 class session,
with follow-up questions from students and instructor
Session 9 – June 17 Individual presentations, wrap-up discussions, final exam prep
Individual presentations on personally selected issues/legislative proposals, questions from
fellow students as legislative committee members. Wrap-up discussions.
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Resources:
N.C. League of Municipalities website: www.nclm.org
N.C. Association of County Commissioners website: www.ncacc.org
N.C. General Assembly website: http://ncleg.net
Grading Methodology:
Class participation – 40%
(Meaningful participation in class discussion and regular attendance, absent extenuating
circumstances discussed as soon as possible with the instructor, is expected)
Research, writing & oral presentation assignments – 30%
Final examination – 30%
(take home or online/open book, free to look back at reading materials; will be sent by instructor
by email immediately after Wednesday, June 18 class session, due by email Tuesday, June 22
at 5:00 p.m.)
Final grades posted by morning, June 26
Code of Student Conduct & Expectations
The MPA program takes personal and academic integrity seriously. By registering for this
course, each student has formally acknowledged acceptance of the standards of academic
conduct as set forth in the NCSU Code of Student Conduct (http://policies.ncsu.edu/policy/pol11-35-01). Except for assigned collaborative projects, all work must be your own. When the
ideas, opinions or words of someone else are quoted, paraphrased or used in any other way, they
must be cited appropriately. Cell phones and most other electronic devices, except laptop
computers and iPads used for class purposes, are to be turned off and put away during class.
Syllabus Changes:
The instructor reserves the right to make changes to the syllabus as necessary or appropriate,
including outside speakers and project due dates. Changes will be announced as early as
possible.
University Policies, Other Matters:
All NCSU policies and procedures apply to this course, including those related to inclement
weather and emergencies. The need for late completion of assignments or make-up final exam
should be discussed with the instructor as soon as possible. Differing opinions on issues
discussed during the course are welcome, in accordance with the University policy and tradition
of academic freedom.
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Instructor Biographical Information:
Ellis Hankins is a visiting lecturer in the Master of Public Administration Program at N.C. State
University and in the Master of Public Policy Program at the Terry Sanford School of Public
Policy, Duke University; and an adjunct faculty member in the MPA Program at the UNC
School of Government. He also is a Senior Vice President with The Mercer Group, Inc., which
provides executive search and consulting services to local governments and other entities
nationwide.
Ellis served for 17 years as Executive Director of the N.C. League of Municipalities, the
statewide municipal association, and retired in early 2014. The League represents and assists
municipalities on state legislative and regulatory issues, on federal issues in partnership with the
National League of Cities, and on other intergovernmental issues, often working with other local
government associations, private sector trade associations, and state and federal agencies. The
League also provides legal, policy research, communications, consulting, and insurance and risk
management services (total assets exceed $250 million) to municipal and associate members and
professional affiliate organizations.
In his career, Ellis moved back and forth between private law practice and the League staff. He
served previously as the League’s general counsel and chief state legislative lobbyist, and was
ranked consistently among the most influential lobbyists in biennial surveys by the N.C. Center
for Public Policy Research. He has represented municipalities before congressional committees
and in state and federal trial and appellate courts. He is a former member of the UNC School of
Government Foundation Board of Directors, the National League of Cities Board of Directors
and the NLC Mutual Insurance Company Board of Directors and Executive Committee
(reinsurance), and has served on other national, state and local boards, commissions and
committees.
Ellis was born and raised in North Carolina, attended UNC-Wilmington, and earned Bachelors,
Master of Regional Planning and Law degrees from UNC-Chapel Hill. His wife Leanne Winner
is the Director of Governmental Relations with the N.C. School Boards Association. Their
family lives in Raleigh.
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