Q May our city contract out the operation and management of the recreation activities currently being handled in-house though a municipal recreation department? If so, is a request for proposals (RFP) process required to hire such a company?

A There is no statutory requirement that a municipality “establish and continue” a recreation department. Under the “home rule” statute, Section 21-17-5, a municipality is authorized to contract for services currently performed by the in-house recreation department. So long as the proposed contract is purely for management and maintenance services there are no provisions that would require the city to use an RFP process. (Attorney General’s Opinion to Bassi, March 22, 2013)