97^th Annual Conference

Montana Association of Counties

Bozeman, Montana

General Session

Monday, September 25, 2006

Doug Kaercher, MACo President, Hill County

The 97^th Annual Conference of the Montana Association of Counties opened at

8:35 am. President Kaercher introduced the head table:

Paddy Trusler, Parliamentarian, Lake County

John Prinkki, Vice President, Carbon County

Allan Underdal, Fiscal Officer, Toole County

Bill Kennedy, Past President, Yellowstone County

Cynthia Johnson, Second Vice President, Pondera County

Greg Chilcott, Urban Representative, Ravalli County

Gallatin County Sheriff’s Office Chaplain Warren Hiebert conducted the Invocation.

Gallatin County Sheriff’s Office Honor Guard presented the Colors for the Pledge of Allegiance.

Jeff Kraus, Mayor of Bozeman, welcomed the delegates. He also explained the importance of attending a MACo conference. President Kaercher responded with gratitude for the hospitality and support.

Roll Call

Allan Underdal, MACo Fiscal Officer, Toole County

After the role call was taken, Allan Underdal announced a quorum was present to conduct business.

Memorial Resolution

Commissioner John Vincent, Gallatin County

Gary Hall, Flathead County moved to adopt the Memorial Resolution. The motion was seconded and passed by unanimous consent.

Resolution in Memoriam

Whereas, the members of the Montana Association of Counties, with great sorrow and a deep sense of loss, wish to remember and honor those members who have been taken by death since the last annual conference of our Association; and

Whereas, each of these county commissioners has rendered innumerable public services to his or her respective county, to the State of Montana, and to the people thereof; and

Whereas, the absence of these persons is keenly felt as a great personal loss to their families, friends, and colleagues:

Now, therefore, be it resolved by the Montana Association of Counties in conference duly assembled in Bozeman, Montana, this 25^th day of September 2006, that the association does hereby pay tribute to the memory of the commissioners:

James Straw, Yellowstone County

Otto Jenson, Fergus County

Kay Beck, Powell County

Charles (Charlie) Rock, Mineral County

Andreas (Andy) Grande, Meagher County,

Bill Rappold, Pondera County

And on behalf of its members and the citizens of the State of Montana, does herby express gratitude for their achievements and contributions to the public good of their counties and to Montana.

Nominations for Second Vice President

Doug Kaercher, President

Second VP nominations were announced: Lance Olson, Cascade County; Mike McGinley, Beaverhead County; Jean Curtiss, Missoula County; John Ostlund, Yellowstone County. Jean Curtiss and Lance Olson both withdrew their nominations. The name forwarded for nomination for the office of Past President was Doug Kaercher; for the office of President, John Prinkki; for the office of First Vice President Cyndi Johnson; for the office of Second Vice President, Mike McGinley and John Ostlund; and for the office of Fiscal Officer, Allan Underdal.

President Kaercher asked if there were other nominations from the floor for any of these positions. There were not any more nominations at that current time. Nominations remained open until the business meeting Wednesday afternoon.

Candidates for Second VP were invited to speak.

John Ostlund, Yellowstone County

I want to tell you how much I truly appreciate your nominations; it is an honor. I think I have a fairly thorough background in transportation. I do have to thank my fellow commissioners for allowing me the time, because this option does take a lot of time. I have some experience in the legislature—we worked our way through some tough legislation four years ago with the contractor bills—and I would like to expand on that. I come from an Ag family; therefore, I have a good rural background. Coming from the most populated city in Montana, I also understand urban needs. At any rate, I have enjoyed being a commissioner and appreciate the opportunity to run for Second Vice President. This is a great group of people, and I pledge to represent you very well if I get the opportunity. Thank you very much.

Mike McGinley, Beaverhead County

After the marathon yesterday, the term “running for office” has a new meaning. I would also like to thank the people from Districts 8, 9, and 12 who nominated me for Second VP. I take this as an honor and think I’m well prepared to take the job. I am a firm believer in the MACo organization and the strength it brings us when we are together. I’ve been on the Public Lands Committee since it first came to be, and I’ve also been on the Economic Development Committee. I’m a firm believer in the New Commissioner Trainings as well as the Commissioners Certification. I really hope to carry forward those kinds of projects that strengthen this board.

When I went to NACo’s last couple of meetings, I picked up some ideas from across the country that I’d really like to promote on my platform. One is to really commit to help Sheryl and the staff put together a for-profit arm for MACo. Sheryl has been trying to work with the sponsors so that we can have a little more cash flow to carry on the organization. I appreciate this nomination and the chance to be here, and I appreciate your support. If there are any questions, I’ll be around for all of the conference. I’ll see you Wednesday. Thanks.

2008 Conference Bids

Doug Kaercher, President

The 2007 conference will be held in Great Falls and hosted by the Cascade County Commissioners. Lance Olson of Cascade County invited everyone to Great Falls.

There are two counties that have submitted bids for the 2008 conference: Flathead and Ravalli. Betty Lund, Greg Chilcott, and Alan Thompson from Ravalli County described their facilities and extra curricular activities. Then Gary Hall from Flathead County described his facilities, which includes the new Hilton Garden Inn. Gary asked PJ Wright, Sales Manager for the Hilton Garden Inn, to describe the hotel’s meeting rooms and suites.

President Kaercher thanked both counties for their bids.

President’s Report

Doug Kaercher, President

When I ran for office as President last year, it was during a transition time. We had a fairly new executive director, and we had not yet hired an associate director. We were looking at bringing claims in-house as well as constructing a new building. I thought it was probably a good idea to bring the board of directors together for a planning session. We needed to take a look at MACo’s core services and goals. This exercise was insightful. We found that MACo is, in fact, listening to its members and meeting their needs as well as the expectations of the counties.

We began building on MACo’s strengths: we listened when we were told to pursue alternative funding sources; and we cultivated a partnership with the state through the Department of Commerce, the Department of Labor, and the Secretary of State, which is allowing us to be heard at the Federal level as well as benefiting the welfare of the whole state.

We are cultivating our sponsorships with the vendors—both old and new—thanks to Sheryl. She has a book on possible new vendors and sponsors who are willing to believe in MACo and make us the best Association in the state. They share in our belief that counties matter, and we are going to make a difference now and in the future.

We listened to staff and completed a staff classification and compensation study. This study resulted in new job descriptions and salary adjustments, which should produce happier and more productive employees.

We listened when counties needed an alternative health care, which led to the successful creation of the MACo Health Care Trust. We are now up to 15 members.

We were listening when members needed better service from the Insurance Trust, which resulted in bringing Claims in-house. This will save the Trust, and ultimately you as the members, $400,000 per year.

We added to our assets with a new, almost-completed insurance building. It’s a beautiful building and a nice addition to our complex by the Helena Regional Airport in Lewis & Clark County. We hope this joint partnership will make a healthier future for the Association.

MACo is your association, and you should feel proud of what you accomplished. I am honored to have had the opportunity to serve as your President. I have learned a great deal and made many friends. There are many differences in opinion on how to solve a problem, but most disagreements should not cloud our belief that we are one. Ultimately, we are all working toward a stronger, more prosperous Montana. Thank you for giving me this opportunity.

MACo Proposed By-Law Amendments

Doug Kaercher, President

By Law change # 1- Section 3, Article 2: AFFILIATE MEMBERS: Affiliate members are ~~individuals, businesses and~~ organizations and agencies that make proper application, are approved for membership by to the Executive Director, and pay dues adopted by the Board of Directors ~~and ratified by the membership~~. Affiliate members shall be entitled to receive services as determined by the Board of Directors. They shall have no floor or voting privileges.

By Law change #2- Section 3, Article 4: DUTIES AND RESPONSIBILITIES

The Board shall have the powers and duties to:

( point a) through g) remain the same)

h) present recommended dues increases and assessments, if any, to the membership ~~at the annual conference~~ for approval and adoption;

i) the Board may increase the dues schedule in an amount up to the annual COLA in any one year. Any increase above the annual COLA must be approved by the membership ~~at the annual conference~~.

j) authorize an annual independent audit of the Association by a firm of certified public accountants;

k) function as the nominating committee and select at least two candidates each for the office of Second Vice President and Fiscal Officer. No candidate can be nominated and run for two offices simultaneously. Nominations may be made at district meetings of county commissioners and submitted to the Board;

l) amend the approved budget by a majority vote of the Board of Directors.

m) immediately disclose any conflict of interest prior to acting in any manner that may impinge upon their duty as a Board member, They shall also recuse themselves from any vote or decision involving said conflict.

By Law change #3- Article 5: DUTIES AND RESPONSIBILITIES

The Executive Director shall perform such duties as are assigned by the Board of Directors for implementing Association policy and shall be responsible to the Board. The Executive Director shall supervise the Association office and staff. The Board of Directors shall be responsible for an annual evaluation of the Executive Director

The Executive Director shall compile, publish, and maintain a “Staff Policy and Procedures Manual,” which shall be reviewed annually by the Board of Directors. ~~The Staff Policies and Procedures Manual shall include a detailed job description for the Executive Director and such other staff positions as may be created.~~

The Executive Director shall maintain detailed job descriptions for all positions.

The Executive Director shall maintain a policy manual, containing all Board and operational policies.

The Executive Director shall be responsible for the hiring and termination of staff personnel consistent with the “Staff Policies and Procedures Manual.” The Executive Director shall receive approval from the Board of Directors prior to creating any new permanent employment positions.

The hiring of an Associate Director shall be by the Executive Committee and the Executive Director with confirmation by the Board of Directors.

By Law change #4- Section 1, Article 6: RESOLUTIONS AND LEGISLATIVE COMMITTEE

The Resolutions and Legislative Committee shall consist of at least five members. Members (one of whom shall be a member of the Board of Directors) are appointed by the President~~, subject to approval of the Board of Directors~~. The ~~Committee members~~ President shall select the chairperson ~~from their own number~~. It shall be the duty of the Committee to develop resolutions and to receive resolutions from the Regional Districts and MACo staff. The Committee may consult other elected county officials to determine resolutions beneficial to county governments and work with those officials to promote beneficial resolutions. The Committee shall examine resolutions to be placed before the membership for proper form and content ~~organize them by category, combine similar resolutions,~~ and recommend priorities.

The Committee shall have legislation drafted as directed by resolutions approved by the membership at the annual conference or special meetings and assist the Executive Director in securing sponsorship for the legislation. The Committee, together with the Executive Director, shall recommend to the Officers and the Board the response of the Association to all legislation affecting county government.

By Law change #5- Section 5, Article 9: ELECTIONS

The election of officers shall occur at the annual conference and be governed by the rule of majority – over 50% ~~plus one~~ of the entire votes cast. The ballot will be repeated in the event of the failure of a candidate to receive a majority with the nominee receiving the lowest number of votes removed from the ballot for purposes of the subsequent vote of the members.

Greg Chilcott, Ravalli County moved to suspend the rules. Cyndi Johnson, Pondera County seconded his motion. The motion passed.

Greg Chilcott, Ravalli County: “Under Section 3, DUTIES AND RESPONSIBILITIES, on the first line, I would like to strike ‘have the power to.’ This makes it read correctly with Subsection ‘m.’ In Subsection ‘i’, I would like to strike ‘the board may’ and insert the words ‘at its discretion.’”

President Kaercher: “Under Section 3 of Article 4, right directly under DUTIES AND RESPONSIBILITIES, the sentence says, ‘the board shall have the power to.’ Commissioner Chilcott’s proposal is to strike ‘have the power to.’ The line would read ‘the Board shall.’ His second proposal is under paragraph ‘i’ of that same section. Commissioner Chilcott proposes to strike ‘the board may’ and add in its place ‘at its discretion.’ From the top it would read ‘the board shall at its discretion increase the dues schedule in an amount up to the annual COLA in any one year.’ Both changes are to make it read correctly.”

Maureen Davey, Stillwater County moved to accept these changes. Mike McGinley, Beaverhead County seconded her motion.

Cyndi Johnson, Pondera County: “Mr. President, I think that the intent of the phrase ‘have the power to’ really means that they ‘may.’ If we instead strike the phrase ‘shall have the power to’ and insert ‘may’ then all we have to do is delete ‘the board may’ in Subsection ‘i’. This means we do what we intend to do. By just leaving the word ‘shall,’ it actually causes us to have to do something.”

President Kaercher: “Is there any further discussion? I believe if we make it read simply ‘may,’ then there are several things that wouldn’t seem to fit appropriately.”

Cyndi Johnson: “Everything except Subsection ‘m’ would work.”

Joan Stahl, Rosebud County: “‘Any increase above the annual COLA must be approved by the membership at the Annual conference;’ annual conference was taken out. If there were an increase when would it be voted on?”

Harold Blattie, MACo Executive Director: “Mr. President, Commissioners, the reason that this was put in there, if you will remember, was because two years ago at the Annual Conference there was discussion of a 25% one time dues assessment to restore reserves. The decision on that was deferred until the Midwinter Conference. That deferral really didn’t fit with the language of the By Laws, and if you think about the timing of our budget cycle, it may be more appropriate to present any potential dues increase to the membership at a Midwinter Conference rather than an Annual Conference. The reason we put that in there was to give more flexibility—to allow the membership to act at any time that they may want to.”

President Kaercher: “The motion on the floor has been moved and seconded to strike the words ‘have the power to’ under Section 3, Article 4 and under paragraph ‘i’ of that same section delete the words ‘the board may’ and insert ‘at its discretion.’ Is there any further discussion?”

Ted Coffman, Madison County: “Mr. President, the heading is ‘Duties and Responsibilities.’ I don’t see why we have to mess with it at all. The Board shall have the power to do what it needs to do. If anything should be stricken, I think it should be ‘board.’”

Greg Chilcott: “I would like to amend my motion.”

Paddy Trusler, Parliamentarian: “You must withdraw your amendment.”

Greg Chilcott: “Mr. President, I would like to make a new motion to amend Article 4, Section 3, Subsection ‘i’. I would like to strike ‘the board may.’”

President Kaercher: “Is everyone clear on the motion? The motion is to withdraw the original motion, and the only change Commissioner Chilcott is looking to make under Section 3, Article 4, in paragraph ‘i’ is the deletion of the phrase ‘the board may.’ The motion is seconded. Is there any other discussion?”

Joe Briggs, Cascade County: “I’m concerned about that now, because it now reads, ‘shall have the power to increase the dues schedule in an amount up to the annual COLA in any one year.’ To me this makes that phrase a mandatory dues increase, and I don’t know if that was Greg’s intention. I am opposed to the motion as it stands.”

Greg Chilcott: “I would like to withdraw my motion, and make another motion to add ‘at its discretion’ back.”

Ted Coffman, Madison County seconded the motion.

President Kaercher: The motion passed with no further discussion. The final vote of the By Laws will come on Wednesday.

Presentation of Resolutions

Mike Murray, Chair, Lewis & Cark County

If you wish to have a resolution separated, you need to make a motion to that effect. I will automatically go through reaffirmed resolutions, which would be resolutions 2000-25 through 2005-01. Are there any that you wish to have segregated? There being none; all reaffirmed resolutions will be voted for on Wednesday.

2006-01 Country of Origin - BSE Disease

*Segregated by Maureen Davey, Stillwater County

2006-02 Interim Study of Special Purpose Districts

2006-03 Weed Control on State Lands

2006-04 Mill Levy Elections

2006-05 Junk Vehicle Disposal

2006-06 Emergency Zoning

2006-07 Exempt Threshold for Solid Waste Sites

2006-08 Support for Aging Services and the Older Montanans Trust Fund

2006-09 The Effects of CI-97 on Aging Services

2006-10 Affirmation of the Gray Wolf as a Predator Species

2006-11 Mail Ballot Elections

2006-12 Wireless E-911

2006-13 Appointment Rights to an Airport Authority

2006-14 Summer Youth Employment

2006-15 Legal Advertising & Printing Contracts

2006-16 Bridge Depreciation Reserve Funds

2006-17 Oath of Office

2006-18 Compensated Absence Liability Fund

2006-19 Construction of Bridge in Municipality - Election

2006-20 Youth Court Costs

2006-21 Live stock Loss Reduction & Mitigation Program

*Segregated by Maureen Davey, Stillwater County

2006-22 County Veterans Cemeteries

2006-23 County Attorney Salaries & Benefits

2006-24 Legislative Transparency Project

2006-25 Imagery for the Nation

2006-26 Increase Debt Limit

2006-27 Amend and Simplify Collection of Impact Fees

2006-28 Mobil/Manufactured Home Disposal Fee *Withdrawn

2006-29 Independent Candidate Filing Deadline

2006-30 County Purchase of Real Property

2006-31 Public Sale of County Property

2006-32 Replace the word “Squaw” on Local Geographical Features

2006-33 Selection of Professional Services

2006-34 Pre-Commitment Evaluations

2006-35 Multiple Commissioner Vacancy

2006-36 Public Health Statute Modernization

2006-37 Presumptive Eligibility

Todd Devlin, Prairie County moved to suspend the rules to consider a resolution that did not pass out of the Resolutions Committee. Ed Tinsley, Lewis & Clark County seconded the motion. The motion passed.