Vol. 32  No. 1        JANUARY 2003

 

WELCOME TO

BUTTE-SILVER BOW

MACo’S NEWEST MEMBER

 

 

ORIENTATION

FOR NEW OFFICIALS

Five weeks after elections, more than 110 current and new county officials gathered in Helena to learn requirements for their new positions.  Intense sessions featured a variety of speakers in subjects of interest to all elected officials.  In attendance were county commissioners, clerk and recorders, treasurers, county superintendents of schools, county attorneys and sheriffs. 

                The Orientation began on the evening of Monday, December 9, with keynote speaker Alec Hansen, Executive Director of the League of Cities and Towns.  The workshops during the next two days were coordinated by MSU’s Local Government Center Director, Jane Jelinski, and covered topics such as:

Surviving the First Months in County Government

Rules of Lobbying

Hiring, Discipline and Employment Issues

Basics of Governmental Fund Accounting

 Roles, Responsibilities and Relationships of Elected County Officials. 

Budget Policy

The sessions featured presentations by:

            UM Professor of Law Dave Patterson

            Missoula County CAO Ann Mary Dussault

            MACo Personnel Services Jack Holstrom

            Attorney General Mike McGrath

            Norm Klein, Department of Revenue, and a host of current county officials from across the State.  Officers from the respective associations for the different county offices presided in break-out sessions.

MACo Executive Director Gordon Morris said, “It is important to jump start the tenure of new county officials, so this orientation is a specific endeavor to provide insights into avoiding the many pitfalls of their new roles as public officials.”

 

 

FAREWELL FROM VIC MILLER

To my MACo Family,

            As you know, I left elected office as of January 1.  Someone asked me the other day, “Who is the ultimate commissioner in Montana?”  I thought long and hard on this and decided there is no perfect commissioner, just as there is no completely bad commissioner.  Yet, if I look at our membership, I know I can find at least one quality in each of us that goes toward being the ultimate commissioner.

            We have put in place sponsors for the legislative session and it has truly been a team effort. The message, in concert with our leaders in cities and tribal governments across Montana, is a simple one:  decisions made impact citizens.  The same citizens that vote for us also vote for our legislators.  I am confident that we are going to the hill with the idea of partnership. We share the same responsibilities to the same people.

            I am very happy with the increase in messaging and increased press releases. It is getting our message out about the role of local government on a daily basis. It shows our constituents how involved we are in making their lives better.

            I hope that you will all remember my two challenges:  One, mentor our young people and put the fire of local government in their eyes and their guts. Remember, as I have, the people that shared their passion with you and made you the leaders you are today. Two, I hope that we become a 100% membership state in NACo.  Our local issues must be represented not only in Helena, but Washington, D.C. as well.

            I wish the best to Carol and the leadership of MACo. I know that Carol is one of the most capable leaders I have had the pleasure of working with.  I know the depth of commitment in our executive leaders, our board of directors, and in our membership. The staff at MACo is top shelf. Thank you all for keeping the engine running.

            I pray that you all have had a good holiday season. I look forward to seeing you at the Mid-Winter Conference. Most important, I hope our paths cross often.

            Keep up the good fight and God Bless!

 

 

From PRESIDENT BROOKER

As many of you already know, MACo President Vic Miller has resigned his presidency effective December 31, 2002.  In anticipation of this vacancy and in accordance with the MACo Bylaws (Article III, Section 3), I have chosen to fill the balance of his term and will then continue for the year I was elected to serve.  In a like manner, Bill Kennedy has chosen to move from Second to First Vice President.  For the vacated second vice-presidency, the MACo Bylaws state:

c)  SECOND VICE PRESIDENT - A vacancy in the Second Vice Presidency shall be filled by appointment by the President, subject to the approval of the Board of Directors.  Said appointment may be nominated and run for the office at the next annual conference.

After much consideration, I invited Hill County Commissioner Doug Kaercher to accept appointment to this position, subject to Board approval.  I am delighted to announce that he has agreed.  Doug was elected to the Hill County Commission office in 1997, following his service for five years on the Havre City Council.  He has also served as a Hill County Study Commissioner.

In MACo, Doug was serving on the Board of Directors as Chair of District 4.  Since he moves onto the Executive Board, District 4 Vice Chair, Blaine County Commissioner Art Kleinjan, moves to the District 4 Chair and, consequently, to the Board of Directors.

Past President Dean Harmon chose not to run for re-election, and so his position as past president is also vacant.  MACo Bylaws state:

e)  PAST PRESIDENT - A vacancy in the Past Presidency shall be filled by the appointment by the President of the next most immediate Past President.

I welcome back our most immediate Past President, Rosebud County Commissioner Gary Fjelstad.

The November election caused a shift in the District 3 Chair.  District 3 Vice Chair, Rosebud County Commissioner Joan Stahl, moves into the Chair and to the Board of Directors. 

I extend my gratitude and best wishes to the three fine commissioners who are leaving the MACo Board of Directors:

                                Victor Miller, Blaine County                                              

Dean Harmon, Roosevelt County

                                William Duffield, Fallon County

 

 

 

MACo BOARD OF DIRECTORS

January 2003

President Carol Brooker, Sanders County

First Vice President Bill Kennedy, Yellowstone County

Second Vice President Doug Kaercher, Hill County

Fiscal Officer Dan Watson, Rosebud County

Urban Representative Howard Gipe, Flathead County

Past President Gary Fjelstad, Rosebud County

District 1     Bill Nyby, Sheridan County

District 2     Todd Devlin, Prairie County

District 3     Joan Stahl, Rosebud County

District 4     Art Kleinjan, Blaine County

District 5     Arnold Gettel, Teton County

District 6     Joy Schanz, Golden Valley County

District 7     John Prinkki, Carbon County

District 8     Elaine Mann, Broadwater County

District 9     Charles Bernie Lucas, Meagher County

District 10   Paddy Trusler, Lake County

District 11   Alan Thompson, Ravalli County

District 12   Tom Hatch, Powell County

 

Attorney Leo Gallagher, Lewis and Clark County

Clerk and Recorder Janice Hoppes, Pondera County

Clerk of District Court Marilyn Hollister, Rosebud County

Coroner Tim Wong, Cascade County

Justice of the Peace Gary Olsen, Broadwater County

School Superintendent Dottie Donovan, Beaverhead County

Sheriff John Strandell, Cascade County

Treasurer Jess Anderson, Cascade County

 

 

 

 

MACo / DES MIDWINTER MEETING

WESTCOAST COLONIAL HOTEL

FEBRUARY 19 - 21, 2003

PRE-CONFERENCE SESSIONS:

TUESDAY, FEBRUARY 18, 2003

1.       The Basics of Budgeting

            10:00 am - 3:00 pm; Colonial Hotel

            Lunch available for $12; no registration fee

 

2.       Governor’s State Drought Advisory Committee

            Metcalf Bldg.—Director’s Conference Rm.

            1:30 pm; Counties are invited to report.

 

TUESDAY, FEBRUARY 18

3:00 - 5:00       Registration

 

WEDNESDAY, FEBRUARY 19

8:30 - 5:00       DES Conference

 

3:00 - 6:00       Registration

 

5:00 - 6:30       No-Host Social

 

6:00                 MACo Board of Directors Dinner Meeting

 

THURSDAY, FEBRUARY 20

7:30 - 8:30       Reservation Counties

 

8:00                 Registration

 

8:30 - 9:30       General Session

 

10:00               Buses to the Capitol

 

10:15 - 11:30   Visits with Legislators

 

11:30 - 1:00     Lunch with Legislators

 

1:15                 Buses to Colonial Hotel

 

1:30 - 4:30       Legislative Follow-up

 

4:30                 Hard Rock Mining Counties

                        Oil, Gas and Coal Counties

                        Forest Counties

                        Fort Peck Lake Counties

 

7:30                 JPIA Membership Meeting

 

FRIDAY, FEBRUARY 21

8:30 - 9:30       Federal Law Enforcement Issues with Bill Mercer, Montana’s US Attorney

 

10:00 - 10:15   DES Presentation with Jim Green, DES Administrator

 

10:15 - 11:00   GIS / GPS Data with Skip Nyberg, DOT

 

11:00 - noon    Closing General Session

 

 

MACo AT WORK

SELECTIONS FROM REPORT BY

L. HAROLD BLATTIE, ASSISTANT DIRECTOR

 

COUNTY-WIDE BLOCK GRANTS

HB 124 (2001 Session) contained a provision for block grants to counties for three county-wide education funds (Transportation, High School and Elementary Retirement).  The original amounts contained in HB 124 were based on estimates, using the most recent data available.  HB 18 (2002 Special Session) changed these estimates to reflect the actual FY 01 dollar amounts, as reported to OPI by county treasurers.  Entitlement Share calculations were done by formula, while the education block grants were “hard-coded” (specific dollar amounts) into both bills.  

            HB 18 corrections, from estimates to specific dollar amounts, made some significant changes in the block grant amounts for the current fiscal year.   For example, Powder River County’s block grant amount was reduced from $45,648 to zero.  Concerned with this change, Powder River County Commissioners discovered that the funds reimbursed by SB 184 had not been included in the report to OPI.  This caused their base amount to be under-reported.   They contacted MACo and the Governor’s Office to see what could be done to correct the error. 

            Because the dollar amounts had been specified in the bill, legislation would be needed to make any corrections.  MACo worked closely with the Department of Revenue Tax Policy and Research Division, the Governor’s Office and Representative Story (HB 124 and HB 18 sponsor) and obtained agreement that a thorough review of the block grant amounts should be done. 

            This examination was contingent upon four factors:

     1.  ALL counties were to be reviewed.

     2.  Adjustments were made irrespective of winners or losers.

     3.  This was the FINAL opportunity to make adjustments.

     4.  Documentation must be provided to validate the amounts.

            Neither the Governor’s Office nor DOR Tax Policy and Research Division had staff available to undertake this project.  MACo, realizing its importance, agreed to conduct the review, which began in early September by contacting all county treasurers to advise them of this development.  MACo also attended the Treasurer’s Annual Conference to discuss the review and to emphasize the importance of this one-time opportunity. 

            In the end, 23 counties were unchanged; nine were over-reported and 24 were under-reported.  Most of the changes were a result of incorrectly reporting SB 184, HB 20 and SB 417, light vehicle and corporate license amounts.  The net difference was +$196,752.  This amount increased the base and, when the growth factor is applied and prior payments (FY 02 and first half FY 03) are considered, the FY 04-05 biennium impact is a gain of over $375,000.  As a result of this cooperative effort, an additional  appropriation is included in the Governor’s proposed budget.  Legislation must be approved to make the additional payments a reality, but being included in the budget is a great step forward.

            This is not a one-time amount.  It is a change in the base, so counties will be receiving over $180,000 each year in the future.        MACo would like to thank ALL 56 county treasurers for their assistance and willingness to undertake the review.  In the most extreme case, less than a day’s work resulted in an annual increase of over $65,000. 

 

 

There is a theory that if ever anybody discovers exactly what the Universe is for and why it is here, it will instantly disappear and be replaced by something even more bizarre and inexplicable. 

 

There is another theory that this has already happened.                            (Philosophy from DOT)

 

 

LAKE COUNTY

ELECTION SAGA

            In the June primary election, Lake County Commissioner Mike Hutchin won a three-way race for the Republican nomination for his County Commission seat.  However, after the election, the Democrat candidate withdrew because he did not live in the Commissioner district.  The Lake County Democrat Central Committee nominated the second-place Republican candidate as the Democrat nomination for the General Election.

            After the canvass of votes for the November election, Hutchin was declared the winner by 38 votes.  His opponent, Jeanne Windham, requested a hand-count and filed suit asking a judge to lower the bond amount required for the count.  As soon as the case was assigned, Windham’s attorney, her spouse Wilmer Windham, asked that the judge disqualify himself and assign another.  A week later, she filed a second lawsuit to void the entire bond amount because the recount board did not comply with the open meeting law.   

            The County waived the bond and planned to bill Windham for the actual costs. 

            The re-count was finally held December 16 and 17 and confirmed incumbent Hutchin as the winner by a 35 vote margin.  

            The Windhams will continue the lawsuits

 

 

STATE DROUGHT PROGRAM

The Governor’s Drought Advisory Committee will meet in conjunction with the MACo DES/Midwinter meeting.  The State Committee meeting will be Tuesday, February 18 (the day before the DES/MACo sessions begin) at 1:30 pm in the Director’s Conference Room in Lee Metcalf Building (DEQ), 1520 East Sixth.  The meeting will give all counties a chance to report the current impacts of drought and local conditions to the Advisory Committee.

 

 

REMINDER!

Please submit the name of  your 2003 County Commission Chair to the MACo office!

Phone:  442-5209       FAX:   442-5238

Email:  maco@maco.cog.mt.us

 

 

A.C.L.U. LAWSUIT

ON

PUBLIC DEFENSE

            The Governor’s Office announced that it would not take on legal defense of counties in the ACLU lawsuit claiming inadequate public defense.  Governor Judy Martz was named along with seven counties, the State of Montana and appellate court officials in the suit. 

            The American Civil Liberties Union (A.C.L.U.) alleges that criminal defendants who are represented by court-appointed counsel are denied adequate legal representation because the state does not provide enough training, funding or oversight of the public defense services.   The counties named in the lawsuit believe that because the State Constitution requires indigent representation, the State, not the counties, has the obligation to defend the case against all of them. 

            In response to a request from Ravalli County Attorney George Corn, the governor’s office wrote that the state will neither represent the counties in the case nor pay the counties’ portion of legal fees.

            The seven counties named in the suit are Flathead, Glacier, Lake, Ravalli, Missoula, Teton and Butte-Silver Bow.

 

 

 

 

 

NOVEMBER ELECTION

CORRECTIONS

CUSTER COUNTY

Public Administrator Jan Alexander was re-elected to the position.

FLATHEAD COUNTY

Auditor Anita Hoye’s position was combined with the clerk and recorder and she did not run for the combined position.

GALLATIN COUNTY

Auditor Joyce Schmidt was inadvertently not listed on the “Farewell to Outgoing County Officials” in the December MACo News.

 

 

2002 - 2003

ELECTED OFFICIALS SALARY INCREASES

COUNTY CLASS

 

               COUNTY

2002-2003 COLA  =  2.8%

1A

CASCADE

1.8%

1A

FLATHEAD

2.8%

1A

GALLATIN

4%

1A

LEWIS and CLARK

5%

1A

MISSOULA

4%

1A

RAVALLI

0

1A

YELLOWSTONE

2.8%

1B

BIG HORN

3.4%

1B

BLAINE

5.7%

1B

BUTTE-SILVER BOW

3%

1B

FALLON

2.8%

1B

HILL

2.8%

1B

LAKE

2.8%

1B

RICHLAND

7.8%

1B

ROSEBUD

2.8%

 

CLASS TWO

 

2

CARBON

4%

2

LINCOLN

3.8%

2

MADISON

2.8%

2

PARK

2.4%

2

PHILLIPS

2%

2

ROOSEVELT

4%

2

SANDERS

2.8%

2

SHERIDAN

2%

2

STILLWATER

2.8%

2

VALLEY

3.25%

 

CLASS THREE

 

3

CHOUTEAU

2.8%

3

DAWSON

2.8%

3

FERGUS

3%

3

GLACIER

4%

3

JEFFERSON

2.8%

3

TOOLE

2.6%

 

 

CLASS FOUR

 

4

BEAVERHEAD

2.6%

4

CUSTER

2.8%

4

PONDERA

6.7%

4

TETON

2%

 

CLASS FIVE

 

5

ANACONDA-DEER LODGE

4%

5

BROADWATER

3%

5

CARTER

5.9%

5

JUDITH BASIN

0

5

LIBERTY

3%

5

MUSSELSHELL

2.8%

5

POWELL

5%

5

SWEET GRASS

2.8%

5

WHEATLAND

3.3%

5

WIBAUX

2.8%

 

CLASS SIX

 

6

DANIELS

10%

6

GARFIELD

5.2%

6

GOLDEN VALLEY

4.6%

6

GRANITE

2.8%

6

McCONE

8%

6

MEAGHER

2.8%

6

MINERAL

2.8%

6

POWDER RIVER

5.5%

 

CLASS SEVEN

 

7

PETROLEUM

30¢ / hr.

7

PRAIRIE

2.8%

7

TREASURE

3.6%

 

 

COUNTY NEWS

PLANNING & SUBDIVISIONS

STILLWATER COUNTY has denied waivers for its new policy that all proposed minor subdivisions outside a one-mile radius of towns must include a dry hydrant for fire fighting purposes. 

 

YELLOWSTONE COUNTY is considering house-moving regulations to require fees to cover county costs to roads and to require that the moved building be permanently situated within a year.

 

FLATHEAD COUNTY’s four planning jurisdictions have no growth policies in place.  So, they have rescinded recent master plan amendments, considering them illegal under the recent AG opinion.

 

GRANITE COUNTY, as did BROADWATER COUNTY last year, is offering two $100 cash prizes to be drawn from names of residents who respond to the planning board survey, which has been mailed to all households.

 

PARK COUNTY has dissolved its city-county planning board and its jurisdiction over the 4 1/2 mile “donut” area around the city of Livingston.  The county planning board will assume these duties.

 

PERSONNEL

FALLON COUNTY met in grievance procedure concerning dispatch