Vol. 32  No. 6               JUNE  2003

 

HIGHLIGHTS OF THIS ISSUE

 

DOR RENT RATES

 

9-1-1 GRANTS

 

MACo ANNUAL EVALUATION

 

COUNTY NEWS

 

CONFERENCES

 

NACo AGRICULTURE and

RURAL AFFAIRS COMMITTEE REPORT

 

NACo FINANCE and

INTERGOVERNMENTAL

AFFAIRS COMMITTEE REPORT

 

NACo HEALTH COMMITTEE

REPORT

 

 

LAW ENFORCEMENT RISK MANAGEMENT

USING HOLISTIC APPROACH

By  Michael Brave, President, LAAW International

 

Law enforcement risk management (LERM) includes assessing and responsibly managing foreseeable risks, providing risk transfer mechanisms, providing training and resources to all agency levels, carefully managing the aftermath of potentially liable events, and managing any liability exposures flowing from an incident.  LERM should manage risks associated with the three most identifiable areas of law enforcement losses:  third party liability, workers’ compensation (injured officers), and employment practices claims.  The program should also address the risks and issues associated with officer safety, criminal prosecution, complaint avoidance, officer morale, political cooperation, community perception, media cooperation, and special-interest group teamwork.

            In other words, a holistic approach to LERM must incorporate the entire law enforcement agency, with consideration for any outside entity that interacts with the agency.  For each foreseeable action, LERM takes a proactive and preventive approach to the incident in several stages:  1)  before the incident; 2) during the incident; 3) after the incident; 4) after a litigation has commenced; 5) after an officer has been injured.

Example One--Illegal Search

            Risk can be managed during the brief detention of a person for a frisk or entry into a home or vehicle for purpose of a search.

            Ask any law enforcement officer the ten (yes, there are 10) legal ways to enter a vehicle to search it, and when each applies and when it does not.  Most officers, if not all, will fail to be 80% correct in answering.

Example Two--Physical Use of Force

            Officers may be confronted by persons who are resisting arrest, suicidal, in mental distress, creating civil disturbance, barricaded, or in domestic violence situations.  Officers must be able to control these situations without causing or incurring injury.

            Technological innovations have provided additional techniques in place of physical force.  Laser aimed, electro-muscular disruption devices (EMD) are over 90% effective, do not cause severe injury, are not dependent on psychological intimidation, and do not contaminate an area or cause continuing pain. 

            These two examples need training and must be have guidance from the law enforcement agency policies and procedures.  A holistic approach will focus not only on avoiding the potential negatives of an incident, but also on the effectiveness of the officers.  If officers do not fully understand their authority, then they may be reluctant to take enforcement actions.  The agency policy and procedure statements can improve officer effectiveness by including:

1.       Mission statement which is fair to all and not restrictive of officer actions

2.       Policy which clarifies procedures and actions, with over-riding compliance with federal, state and local laws

3.       Training, including self study

4.       Checklists and memory aids

5.       Accountability—written justification for actions which are not lengthy reports 

6.       Supervisor Oversight

7.       Corrective Action, if needed

            Far too many agency resources are wasted by attempting to control the aftermath of incidents rather than by proactively stating the approved methods.

 

USE OF FORCE TECHNIQUES

Orange County, CA Sheriff’s Office

 

Type of Force                       1999       2000       2001       2002

 

Chemicals                   300      263      221      64

 

Physical Force            78        75        52        29

 

Firearms                     5          13        4          0

 

Canine                         62        60        48        29

 

Impact Weapons        27        21        13        5

 

EMD                            0          3          228      201

 

Reduction in Deputy Injuries

 

Number of Injuries       —        120      42        24

 

Text and Chart summarized from Public Risk, Vol. 16, No. 2; February 2003

 

 

 

DEPARTMENT OF REVENUE RENTAL RATES

            During the recent Legislative session, there was an attempt to freeze the rent rate that Department of Revenue (DOR) pays counties for office space.  (HB 219)  Representatives John Witt and Carol Lambert were instrumental in the action to table the bill in Committee, resulting in the bill not passing.

            The rent rate will be adjusted to the same rate that State agencies pay the Department of Administration (DOA) for office space.  The rate per square foot, as determined by DOA, will be:

FY 2004           $5.99

                                                FY 2005           $6.23.

This is an increase from the current $4.88. 

            Counties that rent space to DOR should be receiving renewal leases soon.  The document contains language indicating the document form has been approved by DOR, DOA and MACo. 

 

TRAINING UNIT PRESENTED TO MACoRM

 

            The Montana Automobile Dealers Association (MTADA) President-elect Dave Anderson presented a Resusci Anne training unit to Montana Association of Counties Risk Management (MACoRM) at a recent ceremony in the MACo Offices. 

            During the next year, MACoRM hopes to train at least 100 county employees across Montana in cardiopulmonary resuscitation (CPR).  The training takes from 3 to 5 hours of intensive practice and lectures. 

            Resusci Anne gives signals telling when the trainee is applying the right pressure in the right spot or breathing correctly into the victim's mouth.  The students get the "feel" of giving lifesaving emergency treatment. 

            MTADA includes over 125 franchised new car and truck dealers in Montana and coordinated with the National Automobile Dealers Charitable Foundation to make this presentation.

 

TUMBLEWEED TECHNOLOGY

State inmates tunnel into county jail to do a little networking

 

County officials are a resourceful bunch.  In rural Texas, they think their Internet connections ought to be every bit as fast as what they’ve got in those big city areas.  They have to pay the same bills, file the same reports and follow the same laws.  The trouble is, there’s not a lot of money in those rural counties for speedy servers and broadband access. But lack of funds has a way of stirring innovation.

                In one county, estimated costs to install a server and network the courthouse and adjacent county buildings with wireless Internet connections were at $15,000.  They didn’t have the funds, so they considered their options.  They figured they could buy their own server at a lesser price, but the labor cost for all the cable and  wiring was another problem.  Where would the county find the money to install the infrastructure?

                It occurred to them that the State Department of Justice has men who specialize in tunneling through concrete and working their way through air-conditioning ducts and elevator shafts. State inmates from the prison were recruited to work on infrastructure.  With a little technical direction, the inmates pulled cable all over the courthouse, using aforementioned ducts and elevator shafts, as well as other features of the building.  On occasion it was necessary to bore through the courthouse’s 12” concrete floors.

                Inmates also dug a narrow trench across the alley to the jail to link the sheriff’s office to the courthouse-based network.  It was perhaps the first time convicts dug their way into a jail, but it gave the county a high-speed computer network.

Synopsis of an article by Graham Baker

                                                                COUNTY Volume 14, No. 3; Texas Association of Counties

IMPLEMENTATION GRANTS FOR  9-1-1

The Public Safety Foundation of America (PSFA) distributes funds to assist public safety communication agencies.  Grants for wireless 9-1-1 projects are released in a four-round series.  Two Montana agencies received grants in the initial round of funding. 

The application process involves a pre-application questionnaire to verify that the applicant’s project is within PSFA funding priorities.  The Pre-application Questionnaire and the grant guidelines are available online at www.PSFA.US 

If the pre-application is accepted, the agency is assigned a grant number and a full month will be allowed to complete the application. 

PSFA is encouraging electronic submissions of grant pre-applications.  In addition, the pre-application can be requested by email (PSFA@APCO911.org) or by phone 386-322-2500 or by FAX 386-944-2730.  

 

 

Round Two

Pre-application due     June 6

Application due            July 3

 

Round Three

Pre-application due     Sept. 5

Application due            October 3

 

Round Four

Pre-application due     Dec. 5

Application due            Jan. 2

 

ANNUAL CONFERENCE

MAKE MOTEL ROOM RESERVATIONS NOW

            MACo Annual Conference will be September 21-24 in Lewistown.  Motels are willing to set aside only a limited number of rooms for MACo guests.  However, if we make reservations early and the motels realize we need more rooms, they will open more to accommodate MACo.  Be sure to ask for rooms set aside for MACo. 

 

Yogo Inn (conference center)

NO MORE ROOMS AVAILABLE

 

Mountain View                                                                        Trails End Motel  

538-3457  (Ilene)                                                            538-5468       (Julie)

Single  $32.25    Double $42.65                                       Single  $38        Double  $43

 

Super 8                                                                        Sunset Motel  

538-2581  (Annette)                                                        538-8741 (Candy)

State summer rate  $55 + tax                                         Single  $34.32    Double  $43.68

 

B & B Motel

538-5496

Single  $45         Double  $50

 

Symmes/Wicks House Bed/Brkfst

538-9068           Single 

 

 

 

 

2002 MACo PERFORMANCE EVALUATION

COUNTY COMMISSIONER RESPONSES      (43% return)

 

1.    In the past year, how often have you had contact with the Association staff?

                VERY OFTEN                         OFTEN                    OCCASIONALLY / FEW                        NONE

                                6                              28                                            38                                            0

 

2.    How responsive / helpful were your contacts with any member of the MACo staff?

                VERY HELPFUL                    ADEQUATE             SOMEWHAT HELPFUL                        NOT HELPFUL

                                54                            15                                            3                                              0

 

COMMENTS                                                                           COMMENTS

ALL the staff is very helpful.                                               MACo has always been very helpful.

                Always very pleasant and friendly                                    We contact Jack Holstrom often for advice

        Jack H. & Harold B. have been very helpful.                           - also our Co. Attorney checks with him.

        The staff does an excellent job of assisting us             Very good at finding answers and returning                                 

when we need answers to questions.                            calls if they don’t know

        Returns calls promptly, very helpful attitude                 I always get help from MACo staff.   They

Jack Holstrom and Greg Jackson are very helpful                       are willing, informative, cheerful and

& prompt on service.                                                           very knowledgeable.  It’s always a

The staff is always very accommodating.                                       pleasure to work with MACo staff.

We usually talk to Jack Holstrom or Ray Barnicoat.     Usually talk to Jack H., and to Gordon &

Great to work with                                                                                Harold during legislative session

Office staff pleasant on phone & helpful                         It’s nice to know that the MACo staff is there

when we need them.

 

3.       MACo currently provides an array of  “administrative services” such as answering questions on budget,

personnel, procedures, and other general governmental issues to assist member counties in dealing with the

day-to-day operations of county government.

            VERY VALUABLE                  SOMEWHAT VALUABLE                      NOT VALUABLE    NO OPINION

                                54                                            10                                                            6                              2

 

COMMENTS­­                                                                           COMMENTS­­

This is very, very valuable.  The info. is the best              Looked forward to “Budgeting 101” at

            although not what we always WANT to hear.                     Midwinter meeting

Depends on the question

Especially valuable to small counties as many of          Thanks, you have been very helpful.

                these services are cost prohibitive.                   We need to inquire more.

Our county is fortunate that we don’t need much            I admit that some of our elected officials

of this support.                                                                     and department heads have the

…helped with employee union formation and                              MACo number on “quick dial”--

commissioner’s role                                                          especially Jack Holstrom and

Seldom use these services                                                              Safety Ray!

We appreciate your efforts on the education block         It’s nice to know that the MACo staff is

grant SNAFU and the bill  to correct this.                        there when we need them.

                                                 

 

 

4.       MACo currently provides legislative services for counties, such as lobbying, legislative updates,

legislative impact analysis and interim committee monitoring and reporting for MACo and local government

program purposes.

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                47                                            22                                            3                                              0

 

                COMMENTS                                                                           COMMENTS

            ...our local legislators set up a weekly phone                 Fast growing counties also need help.

                conference call                                                      I question the value of lobbying efforts for

Updates are very valuable.                                                                the good of all counties.

Much better than when I became a commissioner        It is good to have our voice heard and

four years ago                                                                      opinions considered.

I just wish the amending of legislation could involve     You need to ask our help early on to

more commissioners’ views.                                           identify legislators who can help.

…appreciate updates and alerts - we immediately       At times I feel MACo personnel have

contact our senator and representative                          expressed opinions without

Couldn’t keep up without updates                                                   adequately polling its members.

We appreciate what MACo does at legislative time       The counties would be unable to be

and keeping counties informed.                                      successful without MACo presence.

Was there to testify on mental health issues and          At times, appears Ex. Dir. & MACo wishes

saw other MACo members there                                     aren’t same on legislation.

 

 

5.     MACo endeavors to provide continuing county liaison with the Executive Branch and State agencies.

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                32                                            33                                            5                                              2

 

COMMENTS                                                                           COMMENTS

Commissioners need to take advantage of this.            …not sure how this applies

I have not been involved with any.                                      Sometimes too close to the state agency

Gordon has access to most department heads.                          directors

Look at all the bills to pass down to the counties!          It’s nice to know that the MACo staff is

there when we need them.

 

 

6.       The MACo newsletter (MACo News), which is published monthly, is

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                39                                            29                                            4                                              0

 

            COMMENTS                                                                           COMMENTS

            Especially what other counties are up to - maybe          Mainly keeps us informed on other county

have MACo info. in NACo newsletter                               activities.

                Excellent publication                                                             Good to see what fellow boards of county
                More information needed on what different                                   commissioners are doing

                committees are doing and what                        Very useable format

                individual commissioners are doing for           Material is of utmost importance.

                the organization.                                                    Nice to see what other counties are doing                 

I read it and enjoy; pictures nice.                                        Keeps us informed as to what is going on

Good information - valuable at times

 

 

 7.  The MACo website (http://maco.cog.mt.us) is

                USEFUL                                 SOMEWHAT USEFUL           NOT USEFUL                         NO OPINION

                                25                                            24                                            5                                              18

 

COMMENTS                                                                           COMMENTS

                Especially during leg. session                                           I often refer to this site for info. 

                I haven’t used it personally.  I will check it out!                Thanks for keeping it updated.

Tried other day - wasn’t able to find what I needed        Not used by me

                                - training at Midwinter might be helpful!            Only tried a couple times

                I look at it often.                                                                      Have not used the website a great deal

                I’m not into websites but the county offices are.             Don’t use it enough.  My fault

            Good option for information services

 

 

8.       Workers’ Compensation Self Insurance

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                47                                            10                                            1                                              14

Property and Casualty Insurance Coverage

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                52                                            6                                              1                                              13

RISK MANAGEMENT PROGRAMS AND TRAINING

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                43                                            17                                            1                                              11

                Nationwide Employee Retirement Benefit Program

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                6                                              30                                            5                                              31

                Personnel Services to Counties

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                39                                            17                                            2                                              14

               

                COMMENTS                                                                           COMMENTS

            My Nationwide funds are not as valuable now.        We appreciate the personal visits to 

We don’t use these services.                                          our office.

            Miss the personal contact from Nationwide;            Poor representation on the part of

                        need somebody in-state!                                     Nationwide

            The recent loss control conference presented         Good people w/ good help

more useful information than in past.          Good source for departments to

retrieve information

 

 

9.     District Meetings

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                42                                            23                                            1                                              6

                Annual Conference

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                45                                            22                                            1                                              4

                Newly elected officials Orientation

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                57                                            8                                              1                                              6

                MidWinter Meeting

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                36                                            27                                           2                                               7

                DES Governor’s Conference  (currently held at Midwinter)

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                18                                            35                                            8                                              11

                Loss Control / Risk Management Conference 

                VERY VALUABLE                  SOMEWHAT VALUABLE      NOT VALUABLE                    NO OPINION

                                27                                            31                                            1                                              13

 

COMMENTS                                                                           COMMENTS

Separation of loss control a plus                                     DES and Loss Control have been too

Too many meetings for part-time commissioners                       repetitious.                           

The Loss Control Conference brought to light              Midwinter workshops haven’t been of

many points, especially regarding                                   interest to me.

juveniles & their incarceration.                         New Commissioner / new official orientation

Many good programs                                                                         was pretty good.

I don’t like Loss Control separated from Midwinter      A+ on Newly Elected Officials Orientation

                --would rather make one trip than 2!               Other commissioners attend DES and Risk

The annual conference I attended this September                      Management meetings.

                was very organized, friendly & informative.     For the Newly Elected Officials Orientation,

                The first evening’s entertainment wasn’t                       everything is so new and

my kind of entertainment.                                                  overwhelming!

Newly elected officials training is a very helpful            You try to keep us educated and out of

service provided.                                                                 trouble.  Thanks.

Conferences too long; workshops not relevant            Our DES enjoys the DES conference

Annual conference needs workshops that are             Midwinter meeting better than annual; good

valuable for counties.  Sometimes                                 timing with Legislature

                picked for convenience sake           

                                 

GENERAL COMMENTS                                        GENERAL COMMENTS

MACo is only as good as the members and staff.                        We feel that urban counties and rural

Great job one and all.                                                                                         counties have equal opportunity for

Good job.  Keep it up.                                                                                         representation, help and services.

Overall, I feel our MACo services are valuable,                             Keep up the good work! 

supportive of counties, large & small.  I have                Improve committee effectiveness;

noted improved service and communication                                improve small counties’ concerns

in last two years.                                                                  Good job!!  (written on three forms) 

Do not believe the interests of the counties is heard                   Would it be possible to split some of the

MACo does a very good job—a well-run organization!                                meetings so don’t have to be out of                 

I believe the job the MACo office does for the counties                        County a full week?

            has improved greatly over the past 4 years.              Possible to have NACo attend to

Sometimes I get the feeling that MACo is working for the                           demonstrate WEB pages that

                State on some issues.  Otherwise I feel MACo is                        work across country on credit card 

good for the counties.                                                                         purchases?         

 MACo has made me feel very welcome.  I came away               So far, I can’t complain too much.   

from the annual conference and the new                       A training seminar on “mills” --a

elected officials meetings feeling very enthused                          comprehensive session explaining

and glad to be part of such a classy group.                                   all aspects of mills

Training sessions were excellent;                                                   Take into consideration that a number of      

nice to have organization to turn to.                                                 spouses are now men and may not

MACo needs a media person and better communications                        enjoy making crafts.

with county commissioners.                                             MACo Director needs to communicate with  

MACo has a very competent & dedicated leader & staff.                             more county commissioners other

Annual & Midwinter conferences should showcase new                           than just a few.  He is not

concepts in local government.                                                          as active with counties.                

 

 

Latest in BioFuels at Conference

June 11-13

            Learn more about ethanol, biodiesel and biolubricants at Under the Big Sky Greening Conference at Big Sky, Montana, June 11-13. Nationally recognized biofuel developers  will explain the production, performance and marketing.

            “Not only will folks learn more about ethanol and biodiesel, but they’ll actually be able to see, sit in and, in some cases, ride in all types of alternative fuel-powered vehicles,” said Shirley Ball, Executive Director of Ethanol Producers and Consumers.   

            State and national experts on biodiesel will share their perspectives on growth in markets and production of biodiesel. They’ll also share information on the incentives and barriers to making and marketing biodiesel and biolubricants.

            The conference also has extensive sessions on recycling, composting and pollution prevention.  The third biannual gathering of Headwaters Cooperative Recycling Project (HCRP) is part of the Conference.

            The conference starts at 6:00 pm on June 10th with a reception, and the event wraps up on June 13th, with biodiesel bus tours to Yellowstone Park.

            Registration for the conference is $175, which includes meals.  Contacts are Shirley Ball at EPAC at 406-785-3722 or Kathy Jackson with HCRP at 406-225-3194, or the conference website http://peakstoprairies.org/greening.

 

 

WGA HOSTS FOREST HEALTH SUMMIT

            The Western Governors’ Association (WGA) will host a Forest Health Summit June 17-19 in Missoula to accelerate locally driven projects that will prevent catastrophic wildfires by reducing fuel loads and restoring land. 

            Idaho Governor Dirk Kempthorne helped spearhead development of a ten-year strategy and implementation plan agreed to by western governors and the Bush Administration.  As a result, WGA was presented an award by Secretaries of Interior and Agriculture for the exemplary leadership in coordinating and successfully engaging a diverse group to develop the plan.

            The Summit is a key component in engaging local action.  Discussions at the Summit will focus on the latest scientific efforts to assist forest health projects, implementation of the plan, budgetary and legislative issues and the status of the 2003 fire season. 

            Agenda and registration form are available at www.westgov.org/wga/meetings/forest_health_summit.htm

            The Western Governors’ Association is an independent, nonprofit organization representing the governors of 18 states and three Pacific islands.  The Western governors address policy and governance issues in natural resources, environment, human services, economic development, international relations and public management.

 

 

WETLANDS

MANAGEMENT and STEWARDSHIP

This first in a series of free seminars by Natural Resource Information System will be June 20 at 3:00 pm at the State Library, 515 East Sixth, Helena.  Registration is not required; however, attendees are encouraged to contact Anastasia Burton at (406) 444-5357 or  aburton@state.mt.us

 

 

NACo

Agriculture and Rural Affairs

Steering Committee

Synopsis of Report

by Kathy Bessette, Hill County

 

Agriculture Subcommittee

            Paul Jones, PE, Marketing Manager of Cabe Associates and Hans Medlarz, Director of Public Works, Kent County, Delaware, spoke about the process of implementing the Total Maximum Daily Limit program.  The purpose of TMDL is to establish the maximum quantity of specific pollutants that a water body can assimilate without violating the water quality standards and, thereby, improve water quality.

Resolutions

            County Judge Mike McArthur, Sherman County, Oregon, introduced a resolution urging Congress and the President to immediately develop a national rural policy recognizing the uniqueness and value of rural America.

            Supervisor Keith Langenhahn, Marathon County, Wisconsin, brought forth a resolution urging the U.S. Department of Agriculture and the Department of Justice to convene a special investigation into the unfair trade practices and the economic affect on the agricultural industry.  In 1980, farmers received 31 cents out of every dollar that was spent on food. Today that figure has been reduced to 19 cents. The remaining 81 cents goes to off-farm costs, such as processing, wholesaling, distributing and retailing.

 

Rural Development Subcommittee

            Matt Chase, Deputy Executive Director of the National Association of Development Organizations, gave an analysis of the Bush Administration's FY 2004 budget plan.  According to the budget, "EDA will seek to direct more funding to the nation's most distressed communities.…"  Interesting to note, however, is that water and sewer grants are cut in half.  The cuts from the grant programs will be replaced by loans, thus making it exceedingly difficult for rural areas to replace aging infrastructure.

Resolutions