Vol.
32 No. 3 MARCH 2003
MIDWINTER
CONFERENCE
New with Tried and
True
The
new MACo Executive Committee participated in it’s first Board of Directors
meeting following the swearing in of President Carol Brooker and Second Vice
President Douglas Kaercher. The new
officers moved into their positions following the resignation of President
Victor Miller, Blaine County, who lost his district and county commission seat
following a federal court-ordered re-districting edict.
In
an effort to coordinate with additional county government groups, Midwinter
Conference included a variety of sessions.
On
Tuesday, February 18, at the Coalition of Forest Counties meeting, a speaker from New Mexico described
efforts by their counties to harvest timber.
In timely fashion, the day before and the day after the meeting,
Montana’s State Legislature worked on two bills addressing timber harvest on
Montana State Lands. HB 605, a bill
calling for accountability for timber sale costs and revenues on a sale-by-sale
basis, was heard in committee on February 17.
HB 537, a bill calling for the department to study forested state lands
to recalculate the annual sustainable yields, passed second reading on the
House floor on February 19.
MACo’s new Economic Development Committee, chaired by Commissioner
Anita Varone, Lewis and Clark County, met in the MACo Conference room. The group heard from Gateway Economic
Development Corporation (Helena) and Bearpaw Economic Development Corporation
(Havre).
.
On
Wednesday, February 19, the County Treasurer’s Association and the Clerk and
Recorder Association met in concurrent
sessions with the Disaster and Emergency Services program. The DES Conference focused on terrorism
preparedness with sessions reflecting FBI, military, public health, emergency
management and communication coordination techniques.
On Thursday, following a general session in the morning, the entire conference moved to the Capitol to attend hearings and to have lunch with legislators. Two MACo sponsored bills were heard: HB 535 to exempt the study commission mill levy from mill levy limits and SB 370 to determine responsibility for prisoner medical expenses.
P.I.L.T. FUNDING INCREASED
On
February 13, Congress finalized the FY 2003 "omnibus" appropriations
bill. President Bush has said he will sign it.
Payment in Lieu of Taxes (PILT) was given a record $220 million - a $10
million increase over the FY 2002 level.
Funds
will likely be disbursed to counties during the month of June.
NACo
urges us to FAX letters to the members of the House-Senate Conference
Committee, thanking them for this increase(particularly those of us from
Alaska, West Virginia, Montana, North Carolina, Washington, Wisconsin or
Florida). NACo reminds us that we
should be grateful when our representatives in Washington do what we ask them
to do under difficult circumstances. It's
not only good politics, it's good manners.
SENATORS:
The Honorable
Ted Stevens (R-AK), Chair
Committee on
Appropriations
FAX 202.224.2354
The Honorable
Robert C. Byrd (D- WV)
Ranking Minority
Member
Committee on
Appropriations
FAX
202.228.0002
The Honorable
Conrad Burns (R-MT), Chair
Subcommittee on
Interior & Related Agencies
Committee on
Appropriations
FAX 202.224.8594
REPRESENTATIVES
The Honorable
C.W. "Bill" Young (R-FL),
Chair
Committee on
Appropriations
FAX 202.225.9764
The Honorable
Norman D. Dicks (D-WA)
Ranking Minority
Member
Subcommittee on Interior
& Related Agencies
FAX 202-226-1176
The Honorable
David Obey (D-WI)
Ranking Minority
Member
Committee on
Appropriations
no Fax Number -
send via US Mail
The Honorable
Charles Taylor (R-NC),
Chair
Subcommittee on
Interior & Related Agencies
Committee on
Appropriations
no Fax Number -
send via US Mail
Other
Federal appropriations of interest to county governments include funding
increases for:
1.
USDA’s Rural Community Advancement Program (RCAP) which includes rural
community facilities programs
2.
Drought relief for agriculture producers who lost 35% of their crops
3.
Community Development Block Grant (CDBG) formula grants
4.
Homeless assistance funding
5.
Improving election administration and
replacement of punch card and lever
voting machines (These funds should be
distributed to the states by early
April.)
6.
Transfers from the Temporary Assistance for Needy Families (TANF) to the
Social Ser vices Block Grant
(SSBG) (Head Start programs and WIC
Feeding Programs maintained funding
levels.)
7.
Homeland Security, First Responder funding which includes training and
equipment for fire, emergency
medical, hazardous materials, law enforcement and other first responders to acts of terrorism
8. Federal Highway and Amtrak programs (same as
last year, but higher than President’s proposed budget
NEW COMMISSIONER
Steve Rosencranz
Carter County
Steve Rosencranz was appointed
December 23, 2002, to the commission position of the late John Kerr. He will serve the first two years of the six
year term, until the general election in 2004.
Rosencranz was chosen from the three
nominees offered by the Carter County Republican Central Committee.
Directory Information
HC 49, Box 31
Hammond 59332
775-6218
NEW COMMISSIONER
Betty Hagfeldt
Daniels County
Betty Hagfeldt was
appointed February 4 to complete the two-year balance on the term of her late
husband, Pete. She is the first woman
commissioner in Daniels County and began her duties immediately.
Hagfeldt was chosen from two groups
of nominees offered by the Daniels County Republican Central Committee.
Directory Information
PO Box 825
Scobey 59263
487-5594
NEW CLERK OF COURT
Laura Brent
Yellowstone County
Laura Brent has worked in the
Yellowstone County Clerk of Court office for fifteen years, most recently as
supervisor for Jean Thompson, who retired from the Clerk position at the end of
January. Brent said Thompson was both a
mentor and a friend through the years and that this new position is her dream
job.
Brent was chosen from a group of
seven applicants.
2003 COUNTY COMMISSION CHAIRS
ANACONDA-DEER
LODGE… Paul
V. Beausoleil
BEAVERHEAD........................... Garth
Haugland
BIG
HORN............................ John
Pretty on Top
BLAINE......................................... Don
Swenson
BROADWATER.............................. James Hohn
BUTTE-SILVER
BOW................. Michael
Kerns
CARBON......................................... John
Prinkki
CARTER................................... James
Courtney
CASCADE....................................... Tom
Stelling
CHOUTEAU............................... Kenneth
Evans
CUSTER............................................ Janet
Kelly
DANIELS.......................................... Lalon
Trang
DAWSON.................................... James
Deckert
FALLON........................................... Roddy
Rost
FERGUS...................................... Vern
Petersen
FLATHEAD................................... Robert
Watne
GALLATIN...................................... John
Vincent
GARFIELD....................................... Julie
Jordan
GLACIER....................................... Bill
Icenoggle
GOLDEN
VALLEY......................... Joan
Krause
GRANITE........................................... Earl
Martin
HILL........................................... Patrick
Conway
JEFFERSON................................. Sherry
Cargill
JUDITH
BASIN...................... Richard
Cervenka
LAKE............................................. Paddy
Trusler
LEWIS
and CLARK........................ Anita
Varone
LIBERTY....................................... Russ
Tempel
LINCOLN....................................... John
Konzen
MADISON...................................... David
Schulz
McCONE......................................... Kent
Larson
MEAGHER................................ Herb
Townsend
MINERAL.......................................... Judy
Stang
MISSOULA.......................................... Bill
Carey
MUSSELSHELL............................ Bryan Adolph
PARK................................................ Ed
Schilling
PETROLEUM.................................. Lee
Iverson
PHILLIPS............................. Carol
Kienenberger
PONDERA........................................ Sam
Harris
POWDER
RIVER............................... Ray
Traub
POWELL............................................ Gail
Jones
PRAIRIE........................................... Todd
Devlin
RAVALLI............................................. Betty
Lund
RICHLAND.................................... Mark
Rehbein
ROOSEVELT............................ Gary
Macdonald
ROSEBUD......................................... Joan
Stahl
SANDERS............................... Justin
Gail Patton
SHERIDAN............................................ Bill
Nyby
STILLWATER................................. Clifford
Bare
SWEET
GRASS................................. Lloyd
Berg
TETON............................................ Mary
Sexton
TOOLE......................................... Allan
Underdal
TREASURE................................... Roger
Knapp
VALLEY...................................... Dave
Reinhardt
WHEATLAND................................... David
Miller
WIBAUX........................................... Tom
Nelson
YELLOWSTONE............................ Bill Kennedy
EFFECTIVE LEGISLATIVE COMMUNICATION
How well your legislators represent you and your
county depends, to a large degree, on how effectively you tell and sell your
county situation. Your legislators are
interested in what you have to say for two very practical reasons. First, you are a specialist with detailed
up-to-the-minute information about one of their legislative responsibilities -
Montana county government. Second, you
not only are a constituent, but you represent the viewpoint of other
constituents who are residents of your county.
Like
any other activity, lobbying has certain courtesies which every lobbyist,
full-time or part-time, should know.
These courtesies apply, not only to lobbyists, but to anyone who wishes
to communicate with legislators.
It’s
always easier to ask a friend for something than to ask a stranger. So, get acquainted with your legislators
before the time you ask for their support on legislation. Invite your area legislators to your courthouse
and to district meetings to meet you and other elected officials. Discuss your and MACo’s needs and
issues. Allow them an opportunity to
inform your group of their legislative concerns and happenings.
Take
an opportunity to visit with your legislators during sessions when they are
back home. Keep them informed on county issues.
Write
to your legislators at least twice a year to give them a status report on your
county. This should include a report on
any issue the legislator is working closely with you on, cooperative and joint
projects with other counties or state entities, changes implemented in order to
increase efficiency or any other matter which affects your county.
Work
with legislators on county issues during the months when the legislature is not
in session to help identify the critical concerns that are likely to be on the
top of county agendas for the next session.
You will need to have facts and figures to back up the case you are
making, preferably in brief written form and be prepared to answer questions.
Don’t
let your limited time with the legislator be used up on discussions of the
weather or subjects that are unrelated to your visit. Don’t argue, threaten or go away mad. Don’t lose your temper, no matter how difficult the
situation. Keep in mind that a
legislator has broad responsibilities in many areas. In making a decision on what he/she can or can’t support, a
legislator must take into consideration a variety of factors. Always leave the door - and the lines of
communication - open.
Don’t
cross a legislator off your lobbying list even after you have arrived at the
well-documented conclusion that he is not in favor of your legislation. Continue contacts to give the status of the
issue. You may never convert this person,
but you can diminish enthusiasm for working against your bill.
MACo
staff can lobby their heads off for legislation of benefit to counties, but
unless the legislators are also hearing from you - their constituents - in
support of these issues, they aren’t going to pay that much attention. Legislators listen to those lobbyists who
have tangible evidence of back-up support from the folks back home. What is absolutely essential to successful
lobbying is teamwork between you and MACo staff.
Adapted from “County
Comment”
a publication of
South Dakota Association of County
Commissioners
Montana Association of County Road
Supervisors
* * * * * * *
- Please mark your calendar -
Date: April 7-10, 2003
Place: Fairmont Hot Springs
Agenda Items:
- Dealing
with the Public
- Personnel
Issues
- Road
Law
- Speed
Limits
- Beaver
Dams
- Wildfires
- Shoulder
Maintenance/Weeds
- Cattleguards
- Road
Law
For information, call Donnetta
1-800-541-6671.
ANNUAL CONFERENCE MOTEL ROOMS
IN DEMAND
MAKE RESERVATIONS NOW
MACo
Annual Conference, scheduled for September 21-24 in Lewistown, is at the same
time as pheasant hunting season. Motels
are willing to set aside only a limited number of rooms in each complex for MACo
guests.
However,
if we make reservations early and the motels realize we need more rooms, they
will open more rooms to accommodate MACo delegates.
So
please make your reservations as soon as possible. Be sure to ask for rooms set aside for MACo.
The
motels which currently have MACo rooms set aside are:
Yogo
Inn
(conference center)
538-8721
(refer to MACo Room Block / Group 657)
State
rate $35 + tax
Mountain
View
538-3457 (Ilene)
Continental
breakfast
Single $32.25
Double $42.65
Super
8
538-3581 (Annette)
State
rate $35 + tax
B
& B Motel
538-5496
Single $45
Double $50
Sunset
Motel (Candy)
538-8741
Single $34.32
Double $43.68
Trails
End Motel (Julie)
538-5468
Single $38
Double $43
Also
available—no MACo set-aside
Willow
Tree Bed & Breakfast
538-8844
Double $75
PROTECT YOUR
PERSONAL INFORMATION
We’ve
all heard horror stories about fraud that’s committed by stealing a name,
address, Social Security number, credit cards, etc. Here are effective steps to
protect your personal information:
1. The next time you order
checks, have only your initials (instead of first name) and last name
printed. If someone takes your
check book, they will not know if you sign your checks with just your initials
or your first name, but your bank will know.
Put your work phone number on your
checks instead of your home phone. If
you have a PO Box, use that instead of your home address. If you do not have a PO Box, use your work
address. NEVER have your Social
Security Number printed on your checks.
You can add it, if it is necessary.
2. Photocopy the contents of your wallet—both
sides of each license, credit card, etc.
You will know what you had in your wallet and all of the account numbers
and phone numbers to call and cancel.
Keep the copies in a safe place.
IF YOUR INFORMATION
DISAPPEARS
3. Cancel your credit cards,
using the toll-free numbers from your copies.
4. File a police report immediately in the
jurisdiction where your information was stolen. This proves to credit providers you were diligent, and it is a
first step toward an investigation.
5. Phone the three national credit
reporting organizations and the Social Security Administration immediately to
place a fraud alert. The alert means
any company that checks your credit will know your information was stolen and
they are required to contact you by phone to authorize any new credit. The numbers are:
EQUIFAX: 1-800-525-6285
EXPERIAN: 1-888-397-3742
TRANS
UNION: 1-800-680-7289
SOCIAL
SECURITY ADMINISTRATION
Fraud
Line: 1-800-269-0271
METH. LABS IN MONTANA
State
and local governments are using the US Drug Enforcement Administration with
increasing frequency for assistance in cleaning up clandestine drug laboratory
sites. DEA’s disposal program is
predicated on the assumption that the substances at clandestine laboratories
are so toxic that they must be immediately destroyed. When an agency seizes
property, it normally has only three options:
to hold it as evidence, initiate forfeiture procedures, or give it
back. Under the US Resource
Conservation and Recovery Act, a law enforcement agency that seizes a
clandestine laboratory becomes a “generator” of hazardous wastes located there.
Wastes from laboratories meeting
“conditionally exempt small quantity generator” status could be removed from
the site and placed in container storage.
But properly trained personnel
must maintain documentation to allow the waste to be tracked from point
of generation to the point of disposal.
Meth Labs in Montana
Requiring Hazardous Waste
Clean-up
(DEA Statistics)
Year Number Taxpayer
Cost
1997 7 -
1999
16 $ 98,000
2000
33 235,000
2001 86 631,000
2002 122 1,005,000
Hazardous
chemicals are absorbed through skin and by breathing. Clothing, gloves, boots and facemasks offer no protection. (Don’t even wipe your sleeve across your
face or step on discolored ground where chemicals may have been dumped.) Inhalation affects the respiratory system
quickly and can have adverse long-term health affects.
As soon as meth enters a body,
whether through skin or breathing, the person is contaminated. Skin decontamination is done by
vigorously washing with water for 15 minutes, using ten gallons of water a
minute. Not all of the body’s impacted
systems recover fully.
Meth labs create a volatile,
vaporous gas and also carbon monoxide, either of which may cause a person to
collapse. The labs smell strongly of
urine—a pungent, nose-burning, acrid and sour smell like that of a filthy pet
cage. Ceilings, walls and surfaces of
the lab may be streaked with brown stains.
Meth is cooked in either
a hot or cold process. Containers may
include glass jars, Red Devil lye or Drano cans or metal drums. Mobile labs might include a plastic gas can,
a few large jugs or bottles, plastic tubing, a propane heating source, funnels
and coffee filters. Supplies might
include ammonia, rubbing alcohol, cold medications like Sudafed, matches
(phosphorous from the tips), acetone,
and/or paint thinner.
Sources:
CDC News Updates
DEA Cooperative Clean-up Procedures
“Dangers of Methamphetimine Labs””
by Mona Vanek; Rural Northwest.com
Attorney General Mike McGrath website
Interview with Roland Mena, DPHHS
COUNTY NEWS
GROWTH POLICIES
JEFFERSON
COUNTY held hearings in 2001, 2002 and expected to
finalize the Growth Policy. However,
the county planning board decided not to recommend a plan until after the
conclusion of the Legislative session.
LEWIS &
CLARK COUNTY also is
waiting until the conclusion of the Legislative session to complete the policy.
SWEET GRASS
COUNTY worked during 2002 to finalize modifications
to the proposed policy and has yet to review and update subdivision regulations
before adopting the full policy. Public
meeting was scheduled for Feb. 24.
BROADWATER
COUNTY extended the
deadline for public input after holding the first in a series of hearings.
MUSSELSHELL
COUNTY reworked the 1973
Comprehensive Plan and presented the goals and objectives for the growth policy
in the local newspapers. Public meeting
was in February.
FLATHEAD COUNTY is being pushed by communities hampered in
development from lack of growth policy.
GALLATIN COUNTY held a second annual County Community Ag Forum
to hear views from producers regarding land use issues.
LAKE COUNTY will begin holding county-wide hearings for
public comment on growth issues and planning.
YELLOWSTONE
COUNTY public concerns are
around issues of aesthetics, historic preservation, economic development and
land use, natural resources and recreation, public services and transportation.
RAVALLI COUNTY put a sunset clause into its growth policy
stating that if the public defeated the policy by vote in the 2004 general
election, the policy would expire.
DEVELOPMENT
STILLWATER
COUNTY mail ballot vote in
March will decide the proposed Beartooth Park and Recreation District.
SWEET GRASS
COUNTY met with officials
of a Russian company interested in taking over the majority interest of Stillwater
Mining Company. If so, a new governing
board will be composed of five Russians and four US members. One of the issues is employment, since
Russian employees have three months off with pay every year.
GALLATIN COUNTY granted two conservation easements using
funds from its Open Space Fund, federal land protection funds, private sources
and landowners.
VALLEY COUNTY is exploring the development of the
County’s mineral rights, so that the county can produce and consume its own
natural gas.
LINCOLN COUNTY officials, leaders and workers traveled to
Missoula to meet with environmental groups who have filed suit against Kootenai
National Forest. After a follow-up
meeting, the environmental groups agreed to reconsider its lawsuit.
CASCADE COUNTY approved application for a Community
Transportation Enhancement Program grant (CTEP) to preserve the log school
building in Neihart. The Senior Center
and the town of Neihart will also participate financially.
Both POWDER
RIVER and ROSEBUD COUNTIES are rebuilding their stockyards.
ANACONDA-DEER
LODGE COUNTY is waiting for
a State decision on tax-exemptions for a proposed 31-unit apartment complex.
BROADWATER
COUNTY is waiting for final
approvals from BLM and Army Corps of Engineers for the Silos Bay Recreation
Project on Canyon Ferry Lake. In
addition, drought conditions may delay effort to begin excavation.
BEAVERHEAD
COUNTY and City of Dillon
are considering a joint project for a building located on railroad property.
GALLATIN COUNTY was surprised when a previously rejected
golf course / 114 homesite development was moved up the waiting list for State
water well permits.
OTHER SUBJECTS
GRANITE COUNTY agreed to send letters to County Solid Waste
Board members outlining the function of the board and cautioning members to
operate within the scope of that authority.
PARK COUNTY met with MADISON COUNTY about
private efforts to control weeds.
Starting with a fundraiser to buy a weed sprayer, Madison County land
owners along the Madison River have successfully organized a citizen-run weed
committee.
YELLOWSTONE
COUNTY fought a long
distance carrier, Global Crossing, over an $11,668 long distance bill built by
thieves who hacked into the county system.
The phone carrier agreed to discount to the balance of $1,840. The city of Billings will pay the balance
because the hacker went into the county system through a city extension.
JEFFERSON COUNTY has been asked to declare a road as an
“unmaintained county road” for purposes of speed limit enforcement only. The road is too far below county standards to
be accepted as a regular county road.
GRANITE COUNTY continues to battle financial problems with
the hospital. Corrective actions with
deadlines have been approved. If there
is a closure, the hospital and nursing home in Philipsburg and the clinic in
Drummond would be affected.
CASCADE,
FLATHEAD, GALLATIN, LAKE, LEWIS & CLARK, MADISON, ROSEBUD, SANDERS,
STILLWATER AND YELLOWSTONE COUNTIES are
all affected by Pacific Power and Light’s protests on property taxes for
electricity generating plants and dams.
The protests range from 4.22% to 85.67% of the tax.
HILL COUNTY Road Department was recognized for creating
a special concrete platform for supporting cattle guards. The design prevents the guards from filling
with gravel and from developing potholes.
COUNTY ROAD
EASEMENTS ON STATE LANDS
Thousands of power lines, water and sewer lines, natural gas
lines and county or private roads cross Montana’s 5.2 million acres of state
school trust land. However, many of
these utility lines and roads do not have legally filed easements to cross this
land. Utility companies, private
businesses, local governments and citizens have an opportunity to gain legal deeded
easements for those utilities and roads that were put in place prior to
1997. The process involves applying for
an historic easement during a current five-year grace period.
Through
the years, county roads have existed on state school trust lands (state
lands). Some roads are legally cited
with an easement by the State Board of Land Commissioners (Land Board). Others roads were built through the petition
and creation process without approval of the Land Board. Over time, the legitimacy of the county
roads on state land without benefit of a legal easement document has
surfaced.
A legal easement for a county
road does not exist unless approval has been given by the Land Board and the
appropriate state trust fund has been compensated for the easement
interest. Historically, most counties
have purchased some legal easements from the state. Unfortunately, the majority of county roads on state land were
never legally cited through the easement process.
To the public, this means that
all the landowners who rely on those county roads for access do not have legal,
recorded access that is insurable by the title industry.
For
those individuals who rely on county roads for access, the legality of that
access becomes very important at the time of sale of their property. As this trend continues to grow, the DNRC
anticipates an increase in the number of easement applications for access.
In the 1997 legislative session
a right-of-way bill was passed which set up a process to seek permanent
easements for “historic” access roads across state lands. The efforts of the legislature to secure low
cost easements, by establishing value of an easement using land values 20+
years old, earned this bill a trip through District Court and the Supreme
Court,. It was found to be in violation
of the Enabling Act and the Montana Constitution. Under these two, an easement interest can be granted only by the
Land Board upon payment of the fair market value of the land at the time an
easement is granted.
In the 2001 session, a revision
removed the reference to outdated land values and, most importantly,
opened the application process not only
to access roads for individuals, but also for counties.
The
process was simplified. One important
aspect of the historic right-of-way law is that the application requirements
are not as stringent as they are for other types of access roads. Many of the past requirements, such as a
certified survey, will not be required.
Counties need only prove the existence of the road in its current
location prior to 1997. Survey
standards have been greatly reduced and settlement of damages with the state
surface lessee is waived. However, the
statute is not intended to be a permanent law and will expire on October 1,
2006. Those entities without a legal
easement need only to submit an application packet to their local DNRC
office.
At issue seems to be the costs
associated with purchasing an easement from the state. This is not an uncommon plight to all
applicants for easements. However the
ruling of the Supreme Court is clear that monetary compensation must be paid to
the state trust funds which are encumbered by these easements.
Computer printouts were recently
sent to each county which detailed where county road easements are legally
cited on state trust lands through the acquisition of a permanent easement from
the state. The DNRC does not have any
intention of closing or otherwise barring individuals from using existing
county roads without legal easements.
However, if county roads do not have legal easements, the resulting
action once again becomes an issue for the private landowner.
“We have two main reasons for moving aggressively with the historical easement process. First, we need to know where the historical encumbrances exist on all tracts of state land. This allows us to establish a baseline of land use data in order to make informed decisions on future projects. Secondly, by securing legally established easements across state land, counties and individuals can protect their property interests,” said Lisa Axline, DNRC Right-of-Way Clerk.
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 to be released in an upcoming 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
One
Pre-application
due March 7
Application
due April 4
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
FREE ONLINE TRAINING
PLANNING
FUNDAMENTALS
Planning Fundamentals is an online course of 22
lessons being offered to 50 individuals in Montana at no charge. The course introduces planning vocabulary,
concepts and processes for local government officials and members of planning
and zoning boards. The lessons are
supplemented with audio clips, case studies and links to other web-based
resources.
This series is presented by the
Lincoln Institute of Land Policy, Cambridge, MA, through arrangements by
Montana Department of Commerce, Community Technical
Assistance
Program.
There are two conditions to
participate in the training. First the
person must complete the entire course.
Second, the person must complete and return an evaluation form upon
completion of the course.
The Lincoln Institute is an
internationally acclaimed non-profit educational institution established in
1974. Its mission is to study and teach
land policy, including land economics and land taxation.
People interested in taking the
course should contact:
Gavin Anderson
Community Technical Assistance
Montana Department of Commerce
PO Box 200523
Helena, MT 59620-0523
406-841-2783
Email: gavina@state.mt.us
Attorney General
OPINION
Volume 50 No. 1
Question:
Where
a city-county planning board has been established under MCA 76-1, may the city
and county enter into an agreement to provide that the planning director and
staff are subject to the supervision of the city manager rather than the
planning board?
Held:
A
city-county planning board established under MCA 76-1 may enter into a contract
with the city to provide the professional services of a planning director and
staff that are subject to the supervision of the city manager rather than the
planning board.
Requested
by:
Brent
Brooks
Billings
City Attorney
The H.R. Doctor
Is In
Now, Where Did I Put My
Brain?
Here are several examples about
what happens when public employees appear to lose their brain cells or can’t
remember where they put them.
A firefighter reported for work
smelling of alcohol and displaying other symptoms of possible impairment. The
matter was not brushed off amidst comments like “that’s just Joe” or covered up
by buddies in the station. Rather, it was reported to the chief. The chief followed agency protocol by
ordering the firefighter to report to the county’s medical facility for testing
to determine if drug or alcohol impairment was present. (That’s the good news.)
The chief went on to order the employee to get in his car and drive to the
Hospital Emergency Room for the test.
The car was not just any car, but a bright red one, complete with
official markings, roof lights, sirens, etc. Only by the most amazing of
miracles and a temporary suspension of Murphy’s Law did the employee arrive at
the hospital without killing innocent people. The employee failed the test —
however, the fire chief also should have been ordered to report for a brain
scan to determine whether, in fact, his was working at the time he gave that
order.
In another case, a recreation
employee had an accident in an agency truck. He was sent for a routine
post-accident substance abuse test and tested positive for marijuana. He
repeatedly and vehemently denied that he used marijuana or any other drug.
However, he went on to state that he used it to purge his bowels. The union position in the pre-disciplinary
hearing was that the employee should not be disciplined because the public
agency had an obligation to be culturally sensitive. In his culture, the union
representative asserted, the use of marijuana for bowel purging purposes was
common.
Then there was the case of the two cafeteria workers who violated the workplace violence policy by getting into an altercation in the middle of lunch. The altercation deteriorated to the point where the weapons of choice for cafeteria workers were brandished and used — namely, food. </