It is the intent of the Montana Association of Counties
to support joint legislation to fund and pay county attorneys salaries.
WHEREAS, Montana counties are subdivisions of the State of Montana; and
WHEREAS, Montana county attorneys are obligated to represent the State of Montana in the courts of their respective counties in the enforcement of Montana’s Constitution and legislative enactments; and
WHEREAS, it is in the public interest to provide an adequate salary for county attorneys and a mechanism to fund these salaries; and
WHEREAS, Section 7-4-2503, MCA authorizes Montana counties to establish the salary for their county attorneys through Salary Compensation Boards; and
WHEREAS, Section 7-4-2502, MCA provides that the state shall fund one-half of the county attorney salaries; and
WHEREAS, the Legislature has failed to appropriate the funds necessary to pay one-half of the salaries established by the County Salary Compensations Boards; and
WHEREAS, state and county governments spend unnecessary funds in dividing the responsibility for the payment of County Attorney salaries; and
WHEREAS, members of the Legislature have asked the Montana County Attorney Association and the Montana Association of Counties to develop legislation to address the county attorney pay issue; and
WHEREAS, the Board of Directors of the Montana County Attorney Association has expressed a desire to work with the Montana Association of Counties to develop legislation to transfer the responsibility and funding for the payment of county attorney salaries to Montana’s counties; and
WHEREAS, the Board of Directors of the Montana County Attorney Association has further expressed a desire to work with the Montana Association of Counties to develop legislation to provide a revenue source to provide Montana counties the funds necessary to finance the payment of county attorney salaries.
NOW, THEREFORE, be it resolved that the Montana Association of Counties shall work with the Montana County Attorneys’ Association and the MACo Justice and Public Safety Committee to develop a joint legislative proposal to fund and pay county attorney salaries.
SPONSOR: MACo Resolutions Committee/County Attorney Assoc.
RECOMMENDATION: Do Pass
PRIORITY: High
REFERRED TO: MACo Justice and Public Safety Committee
ADOPTED: Annual Conference, Missoula, MT, September 29, 2004