Updated on

11/10/2006

                                                                                     Vol. 31  No. 1       January  2002 

HIGHLIGHTS—INSIDE THIS ISSUE

MESSAGES  FROM PRESIDENT HARMON

 2002 MILEAGE RATES

 A. D.A. FOR THE HOLIDAYS

 MACo COMMITTEES

 GIS GRANT

 2001—IT WAS A VERY GOOD YEAR

   The first quarter of the year was devoted to efforts at the 57th Montana legislative session.  For the first hearing on HB 124, the omnibus reorganization of local government funding, 100 people attended.  16 cities and counties testified in support and four opposed.  A coalition including MACo, League of Cities and Towns, Department of Revenue and Montana Taxpayers Association stressed the revenue neutrality and the simpler, more efficient system.  Opponents expressed fears about the legislature seeing a large block of money in the entitlement share and then wanting to “trim” it to balance the state budget.  Later in the session, Executive Director Morris wrote in MACo News, “Legislators fear that if they give local governments more local control or discretion, they will abuse that authority and raise taxes and then blame the legislature for the tax increase.”

     During the annual Mid-winter conference, Lewis and Clark County received recognition for its three-year effort on safety incentives, which decreased workers compensation premiums by $265,000.

     In April, the MACo Joint Powers Authority (JPA) received a 3rd place national award for its safety training trip for 44 Montana county representatives to Minnesota.  The trip was sponsored by 3M Corporation, MSU Local Technical Assistance Program (LTAP) and MACo JPA.

     MACo Assistant Director Jane Jelinski announced her resignation to be effective June 7.  “The only reason I am resigning is because I can no longer live in one community (Bozeman) and work in another (Helena).  The job is perfect; it’s just in the wrong town.  However, I am particularly happy that I will be able to continue to work with many wonderful local government people as the Director of MSU Local Government Center.”

     The summer brought “severe” drought designations to all 56 counties.

     At the NACo Western Interstate Region meeting, McCone County Commissioner Connie Eissinger received WIR’s highest award, the Dale Sowards Award, for her efforts to advance interest in public lands.

    As a result of legislative budget cuts, drivers license stations were to be closed in numerous rural areas.  Led by President Gary Fjelstad, counties protested.  “For now the driver’s license stations will remain open.  However more difficult decisions lie ahead as additional cuts in government budgets lead to cuts in services,” wrote Larry Fasbender, Deputy Director in Department of Justice.

     As a result of legislative directives, the first county salary commissions set base salaries.  Raises ranged from 2.67% in Third Class Sheridan County to 20.58% in Class IA Gallatin County.

     53 of 56 counties gathered in Glendive in September for record-breaking attendance at the Annual Conference.  Attendees participated in a variety of sessions, including economic development, redistricting, and plans for Lewis and Clark Bicentennial.

     In the fall, Oline Barta joined MACo Staff as Administrative Assistant and new President Dean Harmon appointed weed district representatives to MACo committees, following requests at the Annual Conference.  Jim Sparks, Dawson County, was appointed to Agriculture Committee; Jed Fisher, Flathead County, to Land Use Planning and Development Committee; Scott Bockness, Yellowstone County, to Public Lands Committee; and Jim Ghekiere, Liberty County, to Transportation Committee.     

HEALTH INSURANCE SURVEY

During the first half of December, our health insurance questionnaires were returned. All 56 counties were sent the questionnaires. Seven have not returned the inquiry. Out of the 49 responding, 16 indicated they were self-insured. Deductibles ranged from $250 to $1,000, with some counties having fixed deductibles and some offering three different deductible amounts. Counties generally covered employees’ premiums, which ranged from $156 to $383 per month. Seven counties had financial caps. All of these results and more will be discussed at our midwinter meeting. If any of you have any questions or comments prior to our February meeting, please do not hesitate to call or FAX me in Wolf Point. I am looking forward to seeing you all in February in Kalispell.

MACo LEADERSHIP RETREAT

On the evening of December 12 the MACo leadership met in West Yellowstone for our annual retreat. The theme was “Diversity and Unity—The New World We Live In.” The goals for the meeting were:

Dan Watson, Commissioner

Prior Occupation                 Forsyth City Clerk and Treasurer for 16 1/2 years

Personal                             Married to Rita; two daughters ages 13 and 15; enjoys bowling, playing cards, dancing

Motto                                   “If life gives you lemons, just make lemonade.Do the best you can with what you have available.”

Volume 49    No. 12

Volume 49     No. 13

Question:

At what stage of the criminal justice process does the Department of Corrections assume financial responsibility for sentenced inmates?

* Know your car! Being familiar with the braking and steering, and how weather can affect them, can save your life. If you have rented a vehicle, take it slow so that you have time to become familiar with your vehicle.

 If you have to drive, make sure you let others know your departure and arrival times as well as the route you plan to take.

 If bad weather is predicted, keep your gas tank full in case of an emergency.

 Keep an Emergency Supply Kit in the vehicle.

 Make sure you have either rain or cold weather gear stored in your vehicle, as the season requires.

Auto Emergency Supply Kit
When you are traveling by car this winter, make sure you are prepared for the unexpected. The U.S. National Highway Traffic Safety Administration (NHTSA) suggests you carry a survival kit in your vehicle containing the following items:

 A flashlight and extra batteries, flares, reflective triangles, and a brightly-colored cloth,

 A compass,

 First aid kit,

 Exterior windshield cleaner, ice scraper, and snow brush,

 Wooden stick matches in a waterproof container,

 Scissors and string/cord,

 Non-perishable, high-energy foods like unsalted canned nuts, dried fruits, and hard candy.

 Heavy woolen mittens, socks, cap, and blankets,

 Newspapers to wrap around your torso and feet or large plastic leaf bags you can cut holes in for your head and arms.

 

 

Americans With Disability Act

HOLIDAY AFTERMATH

By Jack Holstrom

MACo Personnel Services Administrator

In reviewing my latest issue of the Montana Employment Law Letter, written by Holland and Hart LLP, I discovered this article which I believe illustrates some very valuable lessons for county government. The publishers have given consent to publish the article in the MACo NEWS.

SANTA LIABLE TO REINDEER UNDER ADA

Background

Kriss Kringle, a/k/a Santa Claus, runs a toy factory in the North, discovered to be in Alaska (and therefore covered by U.S. laws). Santa “employs” elves to make toys and reindeer to deliver the toys to boys and girls in Montana and around the world. According to a job description prepared by Santa for the reindeer delivery jobs, reindeer must demonstrate during the course of reindeer games held at his ranch that they are able to eat magic corn and are skilled at flying.

Rudolph, the son of Dasher, wanted to be a reindeer on the delivery team. Unfortunately, he was born with a red nose that seemed to glow. One of the elves testified at trial that on seeing Rudolph, Santa remarked to Dasher that the nose had to be fixed before he would be allowed to deliver toys.

Rudolph failed to fix his nose before coming to the games, but he thought he solved the problem by covering it with mud. That made him look just like the other reindeer. Moreover, at the games, he showed that he could eat magic corn and fly as well as any of the other reindeer. Just when the games ended, however, the mud on his nose fell off, revealing the glowing nose for all to see.

Rudolph’s supervisor and co-workers laughed hysterically and made all kinds of crude remarks about his glowing nose. When Santa saw that Rudolph’s nose was glowing again, he told Dasher that because of the impairment, Rudolph was disqualified from the job of delivering toys to the children. Upset, Rudolph flew away, landing somewhere in Montana.

Rudolph sued Santa in the U.S. district court, claiming that he had been discriminated against because of his perceived impairment (i.e., the glowing nose) in violation of the Americans with Disabilities Act (ADA). Santa’s lawyers tried to get the case thrown out on the basis that Rudolph did not actually have any disability. (Santa’s high-priced legal team forgot to argue that ADA does not protect reindeer.)

Court’s Decision

The court began its opinion by reminding Santa’s lawyers that the ADA not only protects those who are actually disabled, but also those who are perceived to be disabled. The court explained that there are three types of situations in which the Act might apply:

The individual has some impairment that does not substantially limit a major life activity, but the employer regards the impairment as substantially limiting.

The individual has an impairment that is only substantially limiting because of the attitudes of others.

The individual may have no impairment at all but is regarded by the employer as having a substantially limiting impairment.

Because Rudolph’s glowing nose did not constitute any type of impairment but Santa treated him as if he were disabled, his case fell under the third category.

The court also rejected Santa’s argument that the case should be thrown out because Rudolph never asked for an accommodation. The court reasoned that such a request was not relevant in this case because Rudolph was not disabled and could perform the sole essential job function of flying and didn’t need an accommodation.

Finally, the court concluded that Rudolph was unlawfully harassed based on his perceived disability by virtue of the name-calling by his supervisor and co-workers.

The court ordered Santa to reinstate Rudolph to the delivery team. Also, to compensate Rudolph, it ordered Santa to give him the carrots and magic corn that he would have otherwise received had the employment not been interrupted. Santa also had to pay Rudolph’s attorneys’ fees.

Bottom Line

Remember that the ADA prohibits discrimination against individuals who are not actually disabled but are treated as such. Your focus should always be on whether an individual can perform the actual essential functions of the job.

Also notice how Santa’s job description came back to haunt him. The only essential job functions it listed were the ability to eat magic corn and fly. Once Rudolph was able to demonstrate his ability to perform those essential functions, it was an open-and-shut case.

If someone as savvy as Santa can run afoul of the ADA, then any business can. You might use the slow time during the holidays to review your policies and job descriptions and train your supervisors on the requirements of the ADA and other employment laws.

 

 

COUNTY NEWS

REDISTRICTING

LINCOLN COUNTY’s plan to keep commissioner district boundaries as they have been since 1929 was rejected by District Court.

 

CELL PHONE TOWERS

BUTTE SILVER BOW is considering placement of six 12’ cell phone antennae on top of the county water storage tank. The antennae would be clustered together and painted to match the tank. If allowed, there would be no need to build towers for cell phone communication.

 

ECONOMIC DEVELOPMENT

TEN COUNTIES and three Indian reservations in north central Montana may receive $600,000 from Northwest Foundation to write an application for $75 Million of economic development funds. The region is one of only four U.S. sites that will be applying for funds to be awarded in 2003.

 

FEEDLOT WATER WELLS

YELLOWSTONE COUNTY is watching an application with DNRC for 3 wells to support the Cattle Development Center near the community of Custer. Local residents are concerned that the three wells will impact the water available to the community.

 

ECONOMIC DEVELOPMENT AND GROWTH POLICIES

BROADWATER COUNTY appears to be the first Montana county to combine its new growth policy and its economic development plans within one document.

INMATE LABOR

In TOOLE COUNTY, a 60%–40% ratio on a mail ballot approved use of minimum custody inmates from the Crossroads Correction Center for community work projects outside the Center.

 

CITY GRANTS VARIANCE

RAVALLI COUNTY was granted a variance from City of Hamilton zoning to allow the County to move into a former hospital. At issue were 73 required parking spots to be created from converting lawns and using an empty lot.

DOUGHNUT BILL

The Montana Supreme Court temporarily restrained further use of the “Doughnut Bill” because the required elections allows only property owners to vote.

 

ROADS

GALLATIN COUNTY is cooperating with City of Bozeman proposed condemnation ordinance that would allow the city to take property for street right of way, even if the land is outside the city limits.

 

CARTER COUNTY recently passed resolutions to declare roads which were built with public monies as county roads. The Commission took the step to assure access and control over traditional county roads. Public hearings are to be held in a series to gradually declare all county roads.

 

COUNTY ORDINANCES

RAVALLI COUNTY is considering a county-wide open container ordinance to make driving with an open container in the passenger area of the vehicle illegal in all parts of the county outside incorporated city limits.

 

HILL COUNTY passed ordinance to regulate large group functions by requiring that the planning and facilities are sufficient to provide for safety and sanitation needs.

 

JEFFERSON COUNTY is exploring a comprehensive ordinance for construction of communication towers, to limit the number of towers needed to serve the county, by requiring facilities to be placed on existing buildings and structures where possible, and requiring co-location on existing and new towers.

 

SPECIAL FEES

GALLATIN COUNTY Sheriff is suggesting the County begin charging developers $969 per household for law enforcement service. The funds would be put into a county safety fund to pay for additional deputies until the development is paying enough property taxes to fund the positions.

 

 

PRAIRIE COUNTY will be presented with a petition to assess a 50-cent assessment on cattle. The funds would be used for predator control to protect sage grouse, sheep and other animals.

 

ANACONDA DEER LODGE Commission rescinded a $72 cleanup fee, when it would have been assessed on clean and blighted lots alike.

 

ZONING AND DISTRICTS

GALLATIN COUNTY’s proposal to form a county-wide solid waste district is stalled by reluctance from the local communities.

GALLATIN COUNTY also formed a separate Air Shed Impact Area for Big Sky, to allow decisions for burning to be made locally.

 

PARK COUNTY residents are concerned about coal bed methane drilling near their homes and are petitioning for zoning changes to prevent drilling.

 

DOGGETT APPOINTED

MEAGHER COUNTY Commissioner Jamie Doggett was elected to chair the Federation of State Humanities Councils during its annual meeting in Indianapolis in November. All 50 state councils are nonprofit affiliates of the National Endowment for Humanities.

 

DAVIES RESIGNS

GALLATIN COUNTY Office of Public Assistance Director Joan Davies resigned the end of December to accept a position as Head Start Program Director for the local Human Resource Development Council. Davies was a speaker on welfare reform at the 1999 MACo Annual Conference in Kalispell.

 

EDITOR’S CORRECTION

Arnie Gettel is not Ed Arnott.

(no matter how hard I tried to make it so in the December Newsletter. I send my apologies to these Commissioners for the mix-up. ) Marie Mc.

Drought is inevitable, a normal part of virtually every climate on the planet, even rainy ones.

No single definition of drought works in all regions.

People aren't rational. We automatically swing into action when crisis strikes, freely funneling time and money into alleviating suffering and property damage. This is crisis management. But once the crisis is over, it seems like too much trouble to invest the time and resources in planning that could ease the effects of the next drought. This is called the hydro-illogical cycle.

Responsibility is divided among governmental jurisdictions.

The United States lacks a unified philosophy for managing natural resources, including water. A positive side to the drought of 1996 in the southwestern U.S. is that it has yielded a crop of policy initiatives.

Historic responses to drought have been ad hoc, with special commissions and interagency groups created in response to specific droughts.

Policies such as disaster relief and outdated water allocation practices may actually deter good long-term natural resource management.

But there are good reasons to plan for drought -- that is, to practice risk management rather than crisis management:

Drought is a low-profile natural disaster, but analysis shows that it can be as expensive as floods and hurricanes.

Planning ahead to mitigate drought gives decision-makers the chance to relieve the most suffering at the least expense.

NACo INFORMATION AND REPORTS

Agencies demonstrating collaborative efforts with multiple departments;

Organizations not currently using GIS software.

Use the GIS technology to create and manage GIS data for county projects

Share the data developed, through the grant process, with all other departments within the county

Share successes with other public agencies

Become a reference (peer-review) site for NACo and ESRI.

One page letter of support and commitment signed by the county’s Chief Elected Official(s)

Organizational Profile (one page, double spaced)

4. Number of parcels in the jurisdiction

Description of the GIS/CAD software currently used (if any)

Description, with titles, of key personnel that will interact with the GIS project tasks

1. Proposed manager and implementers of the GIS program (Specify titles)

2. Will you be using an outside consultant?

Describe the hardware to be used

1. Information on computer(s) to be used

2. Information on printer/plotting equipment

Description of proposed applications or use of GIS

Description of any digital map data currently available within the jurisdiction (streets, water, digital aerial photography, etc.).

Description of perceived benefits to be derived from implementation of the granted software.

 

Two copies and original of the application must be received no later than 5:00 pm, ten working days prior to April 30, 2002. Facsimiles or electronic copies cannot be accepted. Applications are to be mailed to:

Technology Foundation Grant Programs

Grant Coordinator

NACo

440 First Street NW

Washington, DC 20001

Please direct inquiries to Betty Thomas

202-393-6226

bthomas@NACO.org

FAX 202-393-2630

NACOGrants@NACOgrants.org

 

 

ACHIEVEMENT AWARD DEADLINE

One of NACo’s most popular programs is back for its 33rd year. The Achievement Awards seek to recognize outstanding and unique county programs. Last year, a total of 374 programs were recognized with awards. These programs also form a databank of successful county programs, helpful to both NACo and its members.

Awards are given out in 21 categories, ranging from Arts and Historic Preservation to Emergency Management, from Libraries to Information Technology. The winning counties are celebrated at ceremony during NACo’s annual conference, to be held this year in New Orleans, LA. Counties and state associations are eligible to apply.

The deadline for applications is February 15, 2002. To receive an application, or for any other information regarding the Achievement Awards program, please contact Joseph Hansen at 202-661-8834 or by email at jhansen@naco.org.