Public Finance


By: Lucosky Brookman


Throughout my tenure as a public finance attorney, one recurrent theme has been the significant influence of public finance on economic development and job creation. This article aims to delve into this theme, explaining how public finance mechanisms serve as catalysts for growth and employment and delineating the attendant legal considerations.  

Public Finance: An Engine of Economic Development 

Public finance, primarily through municipal bonds, serves as a primary engine of economic development. Municipal bonds finance infrastructure projects such as roads, bridges, schools, and hospitals. These projects stimulate the economy by creating construction and ancillary jobs, enhancing the local quality of life, and making areas more attractive for businesses and individuals alike. 

Moreover, public finance mechanisms fund economic development programs directly. For instance, tax increment financing (TIF) and special assessment districts enable the development or redevelopment of specific areas, leading to economic revitalization and job creation. 

Public Finance and Job Creation: A Symbiotic Relationship 

There is a symbiotic relationship between public finance and job creation. Funding infrastructure projects not only creates jobs during the construction phase but also fosters long-term employment by enhancing the locality's appeal for businesses.  

For example, the development of public transportation systems can generate jobs directly through construction and maintenance. Simultaneously, it indirectly contributes to job creation by improving connectivity, making it easier for employees to commute, and for businesses to transport goods and services. 

Legal Considerations in Public Finance for Economic Development 

While public finance plays a pivotal role in economic development and job creation, various legal considerations require careful navigation: 

  1. Enabling Legislation: Economic development entities must ensure that they operate within the framework of federal, state, and local laws that authorize and regulate their activities. 
  2. Use of Proceeds: Bond proceeds must be used for qualified purposes to retain their tax-exempt status, and these purposes vary by the type of bond issued. 
  3. Disclosure Obligations: Entities issuing municipal securities must meet disclosure obligations under federal securities laws, providing accurate and comprehensive information to investors. 
  4. Post-Issuance Compliance: Bond issuers must meet ongoing compliance obligations, such as continuing disclosure, arbitrage rebate, and monitoring the use of bond-financed facilities. 

Leveraging Public Finance for Economic Development and Job Creation 

  1. Engage Expert Counsel: Working with experienced public finance attorneys can help navigate complex legal and regulatory landscapes, structure financings effectively, and manage risks. 
  2. Collaborative Planning: Involve a broad range of stakeholders, including governmental entities, developers, community members, and financial advisors, in the planning process to ensure comprehensive and effective economic development strategies. 
  3. Transparent and Regular Communication: Maintain open lines of communication with stakeholders and the public to foster trust and build consensus around development projects and financing methods. 
  4. Compliance Management: Develop and implement robust compliance management systems to track and ensure adherence to post-issuance compliance obligations. 


Public finance, while often operating behind the scenes, plays an indispensable role in driving economic development and job creation. As public finance attorneys, we have the privilege of guiding our clients through this complex process, ensuring legal compliance while facilitating the broader goal of societal progress and prosperity. Through our work, we have the opportunity to shape the contours of our communities, making a tangible impact on the lives of those who live and work in them. It is a challenging, but profoundly rewarding, endeavor. 

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Non-profit organizations should consult with qualified legal professionals for specific guidance tailored to their individual circumstances.