Vol. 32  No. 9           SEPTEMBER  2003

 

HIGHLIGHTS OF THIS ISSUE

 

PRESIDENT’S MESSAGE

 

PROPOSED RESOLUTION

 

CANDIDATES FOR FISCAL OFFICER

 

NEW REQUIREMENT FOR ALL GRANTS

 

FEDERAL MINERAL ROYALTIES

 

INSURANCE INFORMATION

 

PROPOSED VEBA RULES

 

PUBLIC PARTICIPATION

 

NACo CONFERENCE

 

 

94th ANNUAL CONFERENCE in LEWISTOWN

AGENDA SUMMARY

Sunday, September 21

Board of Directors Meeting                                                                                     3:00

President’s Reception and Banquet                        Governor Judy Martz                              6:00

 

Monday, September 22

Prayer Breakfast                                                                                                          7:00

General Session                                     LeRoy Luft, MSU Extension Service              9:00

Voter Review                        Jane Jelinski, Director, Local Government Center               10:30

Intergovernmental Affairs                        Eric Ciliberti, White House Liaison                11:15

Luncheon                                   Paul Beddoe, NACo Legislative Director             Noon

General Session                                                                                                            1:30

            BOS Job Training Consortium                2:00

                Joint Meeting-Insurance Pools                 3:00

                Urban Counties                                               4:00

                Hard Rock Mining Counties                 4:00

                Oil, Gas and Coal Counties                  4:00

Dinner on own

 

Tuesday, September 23

                 Reservation Counties                        7:00

                JPIA Trustees                                                7:00

All MACo Committees Meet                                                                                         8:30

General Session—Committee Reports                                                                         10:00

Economic Development                              Larry Swanson, U of M                                             11:00

Luncheon                                              Mike Kadas, Mayor, Missoula                                   12:00

Workshops            Urban Counties and Cities                                                                1:15

                        Mental Health                                                                                       1:15     

                        County Issues                                                                                       1:15     

 

                        Dealing with Growth                                                                               2:45

                        Open Space                                                                                       2:45     

                        Public Participation                                                                              2:45     

                Six-County Fort Peck Lake Group                 4:00

                     Coalition of Forest Counties                4:00

Buffet Dinner and Entertainment                                                                            6:00

 

Wednesday, September 25

General Session                                                                                                            8:30

            Election of Officers and 2005 Conference Site Selection

            Annual Meetings—JPA and JPIA

Luncheon                      Linda Francis, Director, Montana Department of Revenue            Noon 

Board of Directors Meeting                                                                                     2:00

 

 

President Carol Writes

Greetings from the smoky Clark Fork valley in western Montana!  I’m looking forward to seeing everyone at the conference in Lewistown.  The Conference will be a much-needed break from our regular responsibilities.

            The Executive Committee would like to look at MACo’s committee structure.  Some background ideas about how we might change that structure include reviewing the NACo Steering Committee subjects and considering ways for the MACo committees to meet in a cost-effective manner.  One suggestion is to meet during the first day of conference or to add a day to the conference just for committee meetings.  In addition to the committee members, anyone attending the conference could attend any committee meeting.  The committee chairs would report to the whole body.  This process could eliminate travel costs during year.

            Be sure to fill out the biography sheet during the conference and get it back to the MACo office or to me.  The Executive Committee will review all the forms after the Conference and make selections for the chairs and the committees.   I believe the most important appointment for each committee is the chair.  It is very important to have a participating and active chair. 

            The current MACo Committees are: 

                        Agriculture

                        Economic Development

                        Education

                        Health and Human Services

                        Information Technology

                        Justice and Pubic Safety

                        Land Use Planning / Development

                        Public Lands

                        Resolutions

                        Taxation, Finance and Budget

                        Transportation

 

Please contact me with your ideas for changes in names or structures of committees.

 

 

RESOLUTION 2003-1

UTILITY RATE ENERGY CRISIS

 

The Montana Association of Counties urges the Governor,

Public Service Commission and other appropriate agencies

to investigate the causes and impacts of the current energy

crisis in Montana and to devise a realistic plan to provide

cost-effective energy to Montana citizens and businesses. 

This plan should also consider the effects on units of local

governments of the current delinquencies of property taxes

and possible protest of taxable values and taxes for

NorthWestern Energy.

 

Whereas, prices for natural gas and electricity have risen precipitously in the past two years, averaging a 30% increase, and

            Whereas, Montana now claims one of the highest energy costs in the Northwest, and

            Whereas, the stability of energy procurement and delivery in Montana is questionable due to the worsening financial condition of NorthWestern Energy, and

            Whereas, property taxes in many Montana counties have not been fully paid by NorthWestern Energy, and

            Whereas, property tax reassessments on NorthWestern utility property in some Montana counties may be challenged, and

            Whereas, the Montana Public Service Commission has begun hearings regarding energy procurement and delivery in Montana, and

            Whereas, Governor Martz has established a task force to investigate the impact of the current increases in energy prices on low-income Montanans,

 

Now, therefore, be it resolved that the Montana Association of Counties strongly urges the Governor, Public Service Commission and other appropriate agencies to further investigate the causes and impacts of the current energy crisis on all Montanans, and

 

Be it further resolved that the aforementioned agencies consider also the consequences of the NorthWestern Energy tax delinquencies and possible tax protests on the financial stability of Montana cities and counties, and

 

Be it further resolved that MACo strongly recommends that the Governor, Public Service Commission and other agencies devise a realistic plan for providing cost-efficient energy procurement and distribution to Montana citizens and businesses.

 

SPONSORED BY Teton County

 

 

FISCAL OFFICER CANDIDATES

 

RITA WINDOM, LINCOLN COUNTY

ELECTED 1996

 

MACo PARTICIPATION

Taxation, Finance & Budget Committee

Vice Chair—Coalition of Forest Counties

Testified and lobbied State Legislature

 

COMMUNITY INVOLVEMENT

Member—Rotary, Chamber of Commerce

Founder of Kootenai Volunteer Hospice

Past President, Libby Business & Professional Women

 

OCCUPATION AND EDUCATION

Small business owner

College and variety of courses

 

THOUGHTS ABOUT MACo

            In addition to being a successful small business owner, I have been a legal secretary, the head teller at a bank, and a small business consultant.  The skills that I acquired in those positions, in addition to the fact that I actually enjoy working with budgets, leads me to be a candidate for this position.

            MACo is a multifaceted valuable organization for all the counties.  It is important to keep it strong and viable in today’s uncertain economy.  I am intrigued by the challenges that face us.  I want to be a part of the team that enables MACo to thrive—not just survive. 

 

 

ALLAN UNDERDAL, TOOLE COUNTY

 

ELECTED 1993

 

MACo PARTICIPATION

Fiscal Officer and Executive Board

JPA and JPIA Boards of Directors

MACo & NACo Taxation, Finance, Budget Committees

 

COMMUNITY INVOLVEMENT

Northern Express Transportation Authority

Golden Triangle Facilitation Group for 4 counties

Church Board (25 Years) and Volunteer Coach

 

OCCUPATION AND EDUCATION

Farmer / Rancher

Bachelor of Science Degree-Agriculture Production

 

THOUGHTS ABOUT MACo

             I see MACo as local government's training, lobbying and service organization, always looking to better serve our needs.  MACo also offers a means for local government officials to get better acquainted, thereby offering another resource in understanding how to do our jobs better.

            I will use my previous experience as fiscal officer and on the MACo Boards to better serve you.  In addition, I believe that we need to continue to be in the forefront to bring meaningful tax reform for Montana.  I will work for that to be accomplished.

            I continue to be available for your comments and suggestions.

 

 

BILL NYBY, SHERIDAN COUNTY

 

ELECTED 1999

 

MACo PARTICIPATION

District 1 Chair

Board of Directors

Education Committee

 

COMMUNITY INVOLVEMENT

Local Volunteer Fire Department

Baseball, basketball, football volunteer coach

Sports official, 10 years

 

OCCUPATION AND EDUCATION

Carpenter and Rancher

Associate Degree-Business Management & Accounting

 

THOUGHTS ABOUT MACo

            I feel MACo is a great organization that serves the needs of all Montana counties.  The staff makeup at the headquarters is extremely knowledgeable in all aspects of county government.

            As an organization, we need to continue working together to benefit the people we serve.  There are many diverse issues across the state of Montana that not all commissioners are aware of.  Education and communication are areas that need to be continued and strengthened within the organization.  We need to get more commissioners involved within the organization, asking tough questions about issues.

 

 

ALL FEDERAL GRANT

APPLICATIONS MUST HAVE DUNS NUMBER

 

            The US Office of Management and Budget has directed all federal agencies to require all applicants for federal grants or cooperative agreements to use a Dun and Bradstreet Data Universal Numbering System (DUNS) number when applying on or after October 1, 2003.  Every applicant for a new award or renewal of an award must include a DUNS number.

            Organizations can receive a DUNS number at no cost by calling the dedicated toll-free DUNS Number request line at 1-866-705-5711 or by visiting www.dnb.com/us .  Obtaining a DUNS number is a one-time activity.

            The DUNS number will be used to link all fixed applicant data (such as name and address) in a central Federal registration repository.  This will allow the data to automatically enter into the corresponding fields in any electronic application.  Applicants will not have to re-enter this information on each electronic application they submit.

 

 

 

 

The Montana Association of Counties

wishes to recognize and to thank

SHARON PETERSON, STATE DIRECTOR

for United States Senator Max Baucus

for her years of dedicated service to

Montana and Montana counties.

“We thank you for your service and extend our congratulations to you on your retirement from public service.”

FOR SALE

Blue Ray, Model Colt 200, (blue line) copier with filter

$500 or best offer

Pondera County Clerk and Recorder     271-4000

 

 

INFORMATION REMINDER

1.   Please send your 2003-2004 Compensation Board Recommendations, including your health insurance levy, to MACo.  We have information from nineteen counties and we want to complete the information for next year’s Compensation Boards.

 

2.   When you submit your 2003-2004 Annual Budget to the Department of Administration, please send a copy to MACo, also.  The budgets are used to prepare information and testimony for upcoming legislative sessions.

 

 

FEDERAL MINERAL ROYALTY PAYMENTS

THROUGH MAY 2003

 

     COUNTY            % OF TOTAL   PAYMENT

Beaverhead

0.0416%

$     1,946.47

 

Big Horn

42.1311%

 1,969,001.90

 

Blaine

2.0189%

   94,354.01

 

Broadwater

0.0278%

    1,299.50

 

Carbon

2.4449%

  114,262.48

 

Carter

0.9546%

   44,611.40

 

Cascade

0.0152%

      712.39

 

Chouteau

0.5446%

   25,452.78

 

Custer

0.2277%

   10,641.95

 

Daniels

0.0048%

      226.13

 

Dawson

1.9417%

   90,745.53

 

Fallon

12.5322%

  585,693.22

 

Fergus

0.0721%

    3,370.41

 

Flathead

0.0035%

      162.03

 

Garfield

0.0199%

      931.00

 

Glacier

0.0481%

   2,248.92

 

Hill

0.4283%

 20,015.64

 

Lake

0.0007%

       34.03

 

Lewis & Clark

0.2804%

13,104.43

 

Liberty

0.1701%

  7,950.19

 

McCone

0.0078%

     363.78

 

Meagher

        0.0600%

           2,804.11

Musselshell

0.0952%

           4,449.96

Petroleum

0.0080%

     372.99

Phillips

8.8731%

 414,686.02

Pondera

0.0460%

   2,149.91

Powder River

1.1946%

  55,830.95

Prairie

0.9177%

  42,889.08

Richland

1.8918%

  88,415.22

Roosevelt

0.1191%

   5,567.73

Rosebud

18.4744%

 863,403.45

Sheridan

0.2059%

   9,624.60

Stillwater

0.0660%

   3,086.23

Sweet Grass

0.0769%

   3,594.63

Teton

0.0075%

     352.61

Toole

0.3846%

  17,972.56

Treasure

0.7760%

  36,267.69

Valley

0.9141%

  42,722.61

Wheatland

0.0004%

      20.87

Wibaux

2.0011%

  93,521.42

Yellowstone

0.0232%

   1,085.62

 

The Mineral Leasing Act of 1920 ( 30 USCS 191) implies that this money be used for: 

(i) planning, (ii) construction and maintenance of public facilities, and (iii) provisions of public service.

            Congress did not want to tell the States how to spend this money; however Congress strongly suggested that priority be given to these three areas.  Other uses of this funding could give either Congress or the State an excuse to take it away from counties.

            For accounting, the funds must be separated from all other funds and may not be co-mingled.  The BARS Fund number is 2894 (State Allocated Federal Mineral Royalties). The revenue code is 335032 (State Allocated Federal Mineral Royalties). These codes are not in the federal payments section of the BARS book, because the funds must be in a state-shared revenue code number to prevent any notions that it is a federal payment rather than a shared federal revenue. When this money goes through the state budget process as a statutory appropriation, it loses its federal identity. If it were not handled this way, it would become a "prior year revenue" for federal purposes, which would result in a reduction in the PILT allocation.

 

 

INSURANCE INSIGHTS

by Greg Jackson, Insurance Marketing

The JPIA Property and Liability Self-Insured Pool is pleased to announce the addition of Gallatin County and Pondera County as JPIA members.  That brings the number of county members to 47.  The number of insured special districts currently totals 152.

            The 17th year for JPIA Pool is just completed.  The program continues to be successful by:

            1.  Establishing cost stability--The JPIA membership approved a $5,000,000 20-year bond issue to stabilize the cost for self-funding the liability reinsurance.

            2.  Utilizing positive financial equity to benefit members--The JPIA Trustees dedicated a portion of the $1.8 Million in equity to increase the funding of the liability loss fund from $2.4 Million to $3 Million for 2003-2004. 

            3.  Providing reliable risk management, administration and claims service--As a result of pro-active risk management, the overall loss ratio for the pool for the most recent policy year is down 10% from last year.

            4.  Increasing membership--The pool membership has increased 20% since last year.  Since 1996, when the pool was restructured, the pool has grown 97%.

 

 

ERGONOMIC MOUSING RISKS

Presented by Emelia McEwen, MACo Assistant Risk Manager

People who use a computer mouse for much of their workday have a higher risk of developing hand and wrist problems, according to a new study by Danish researchers.

            The study, conducted by the National Institute of Occupational Health in Copenhagen, found that those who worked in front of a computer almost all day and used the mouse at least half of the time had a four-fold higher risk of problems than those who used the computer the same amount of time but used the mouse only a quarter of the time.  The findings came from a survey of 3,500 workers at eleven Danish companies, with follow-up 1½ years later.  “The problem is not only the mouse, but performing repetitive tasks,” said Chris Jensen, coauthor of the study.

            In a second study, researchers form the Odense University Hospital and Glostrup and Herning hospitals found that those who used the mouse for more than 30 hours per week had as much as an eight-fold higher risk of developing forearm pain.  They also had double the risk of moderate to severe neck pain and triple the risk of right shoulder pain.  The findings come from a survey of 7,000 technical assistants and machine technicians, with a follow-up one year later.

 

 

LEGISLATIVE CHANGES TO WORKERS’ COMPENSATION

39-71-407 (3) (b) MCA  ...an incentive payment to work at a particular jobsite is not a reimbursement for costs of travel, gas, oil or lodging, and the employee is not covered under this chapter while traveling.            http://data.opi.state.mt.us/bills/2003/Billhtml/HB0410.htm

 

39-71-604 (2) MCA  A signed claim...authorizes the physician or other health care provider to disclose or release only information relevant to the claimant’s condition...

http://data.opi.state.mt.us/bills/2003/Billhtml/SB0450.htm

 

39-71-702 (5) MCA  delete “A worker may not receive more than 10 adjustments.” and delete reference to increase of “3%, or whichever is less” for annual adjustments to compensation.                                                http://data.opi.state.mt.us/bills/2003/Billhtml/HB0164.htm

 

39-71-703 (1) (a) MCA  ...a permanent impairment rating is not based exclusively on complaints of pain…                          http://data.opi.state.mt.us/bills/2003/Billhtml/SB0450.htm

 

37-71-703 (3) MCA  ...Partial disability award is arrived at by multiplying the percentage...by 375 weeks.               http://data.opi.state.mt.us/bills/2003/Billhtml/SB0450.htm

 

39-71-704 (7) (c) MCA    A worker is not responsible for the cost of a subsequent visit to a hospital emergency department if the visit is for treatment requested by an insurer.

http://data.opi.state.mt.us/bills/2003/Billhtml/HB0110.htm

 

39-71-736 (1) (a) MCA  Compensation may not be paid for the first 32 hours or 4 days’ loss of wages, whichever is less....  The claimant is eligible for compensation starting with the 5th day.                             http://data.opi.state.mt.us/bills/2003/Billhtml/SB0282.htm

 

50-16-527 (5) MCA  A signed claim...authorizes a workers’ compensation insurer...to communicate with a physician or other health care provider about relevant health care information…                                      http://data.opi.state.mt.us/bills/2003/Billhtml/SB0450.htm

 

 

Department of Aministration

STATE PERSONNEL DIVISION

 

STATE OF MONTANA

 

Mitchell Building, Room 130  (406) 444-3871

PO Box 200127   FAX: (406) 444-0703

Helena Montana 59620-0127 http://discoveringmontana.com/doa/spd/css/

 

To:                   Interested Persons

 

From:              Melanie Denning, Employee Benefits Bureau

                       

Subject:            Voluntary Employees Beneficiary Association (VEBA) Rules

 

Date:               August 20, 2003

 

A copy of the proposed Montana Voluntary Employees Beneficiary Association (VEBA) administrative rules has been published in the Montana Administrative Register.  These proposed rules are necessary to implement the VEBA Act (MCA 2-18-1301, et seq) which was enacted by the 2001 Legislature. 

The VEBA law will impact all public employers including State, City, County,

K-12, University System, Boards and Commissions.  For your review, a copy of the proposed amendment is located on the State Personnel Division website at: http://www.discoveringmontana.com/doa/spd/AboutDivision/newsreports.asp or on the VEBA web page at: http://www.discoveringmontana.com/doa/spd/benefits/veba.asp. 

People who have comments, concerns and viewpoints about the proposed rules may send them to State Personnel Division, Department of Administration, P.O. Box 200127, Helena, MT 59620-0127; phone 444-3745; or e-mail mdenning@state.mt.us.  Written comments must be received no later than September 12, 2003.

 

 

NOTICE OF PUBLIC HEARING

PROPOSED ADOPTION of new rules pertaining to the State of Montana Voluntary Employees’ Beneficiary Association Health Benefit Plan

 

On September 12, 2003, at 9:00 a.m., a public hearing will be held in Room 136, Mitchell Building, 125 N. Roberts Street, Helena, Montana, to consider the proposed adoption of new rules pertaining to the State of Montana Voluntary Employees’ Beneficiary Association Health Benefit Plan.  The following are selections from the proposed rules:

 

RULE II  POLICY AND OBJECTIVES  (1)  It is the policy of the state of Montana to establish a means for public employers to make contributions to a qualified tax-exempt trust organization to assist public employees, their dependents, and beneficiaries in the payment of qualified health care expenses.  (2) Nothing in this policy is intended to prohibit an employer from establishing a similar program as an alternative or in addition to participation in the statewide voluntary employees' beneficiary association (VEBA) health benefit plan.

 

RULE V  ELIGIBILITY, ELECTION, AND PARTICIPATION  (1) Employees eligible to participate in the VEBA health benefit plan include those employees of an eligible employer who work a minimum of half time. (2) For the purposes of election and administration of the VEBA health benefit plan:  (a) a department, county, incorporated city or town, school district, or unit of the university system, may form sub‑units….  (4) Members of a group may hold an annual election to determine whether or not they will continue their participation in the VEBA health benefit plan.

 

RULE VI  CONTRIBUTIONS 1) Each employer shall make deposits to the VEBA health benefit plan on behalf of its eligible members pursuant to the terms of collective bargaining agreements or employer policies.  Employer deposits shall be specifically allocated to each participating member's account.  (2) Pursuant to 2-18-1311, et seq., MCA, each participating employer shall provide for a member to annually designate how many hours (if any) of the member's sick leave balance in excess of 240 hours will be automatically converted to an employer contribution to the member's account each pay period.  (3) Each participating employer may establish a maximum amount of sick leave hours that may be automatically converted to a contribution.       

 

 

Attorney General

LETTER OF ADVICE

Attorney General Opinion was requested by Blaine C. Bradshaw, Granite County Attorney

 

June 4, 2003

 

Dear Mr. Bradshaw,

You have requested an informal opinion from this office regarding the question whether the County Commission is obligated by law to publish its agenda in the local newspaper in advance of each meeting.  No such requirement exists of which I am aware.  Generally, the right to notice of and participate in local government activities is guaranteed by Article II, Section 8 of the Montana Constitution, which obligates government agencies to provide such opportunity to participate as may be required by law.  MCA Title 2, Chapter 3 contains the general provisions governing the right to participate.

            In Attorney General Opinion 47-13 (1998), Attorney General Mazurek surveyed the law in this area.  While his opinion does not focus precisely on the issue you raise, the discussion does recognize that the obligation to provide reasonable advance notice of meetings to consider matters of significant interest to the public.  MCA 2-3-103 (1), 2-3-104, and 2-3-111(1) may be met by either publishing or posting an agenda reasonably in advance of the meeting.  While MCA 2-3-104(4) indicates that publication in a newspaper is one method of providing required notice, the statute has not been interpreted in the cited opinion to require publication rather than posting of the agenda.

            The cited opinion is available on the Department of Justice website.  It contains useful survey of the law in this area and should provide significant guidance.  This letter of advice may not be cited as an official opinion of the Attorney General.

 

Sincerely,

 

Chris D. Tweeten

Chief Civil Counsel

 

Attorney General

OPINION

Volume 47    No. 13

(Repeat from MACo News, May 1998)

Question:   Does a county commission comply with Montana’s open meeting and public participation laws by establishing the hours of 9:30 am to 5:00 pm Monday through Friday, as its regular meeting date for public notice purposes?  If not, what are appropriate guidelines and procedures for counties to follow in determining which matters are of “significant public interest” so as to require public notice?

 

Held:     1.  A county commission which establishes the hours of 9:30 am to 5:00 pm, Monday through Friday, as its regular meeting date for public notice purposes is not in compliance with Montana’s public participation constitutional provisions and statutes.

            2.  Public notice is required of any convening of a quorum of county commissioners at which any matter of significant public interest is to be discussed, deliberated or determined.  Additionally, the public must be given the opportunity to participate in any decision of the commission, other than ministerial acts, if there is any question whether the decision is of “significant interest to the public.”

 

Requested by:                   Mark Harshman

                        Blaine County Attorney

 

 

SUGGESTED RESOLUTION

 

RESOLUTION NO. _____

 

RESOLUTION PROVIDING FOR PUBLIC PARTICIPATION

 

            The Board of County Commissioners of __________ County, Montana in regular session this ___ day of __________, 2003, on motion of Commissioner ___________