Vol. 44, No. 9 September 2015
Highlights MACo President Dave Schulz
2 Bids Farewell MACo 2nd VP Candidate My, how time flies when one is having fun!! Since returning 3-5 from the Charlotte NACo Conference time has flown by for me. MACo Annual During the last 6 months we have been running in Madison Conference Information County! Examples are: Forest Collaborative meetings, court hearing on stream access at county bridges, hired a new 6 - 10 nursing home administrator, barbeque & dedication of our new 2015 NACo Annual county administrative annex, quarterly interagency meeting, Conference Reports met with representative who sponsored HB 510 regarding intent of the legislation, discussions regarding air ambulance options for Madison County, manage a county road crew and budget, meetings to evaluate options for 11 - 14 vacated children’s center in Twin Bridges, Madison County Fair, Helena to meet Obituaries with MACo Attorneys on litigation, meet with Garnet Mine on county road maintenance agreement, a day off for a game of golf, and so much more!! Sounds 15 - 18 like I am complaining. But, in reality this is the same schedule many of the NIC Certificates commissioners across the state of Montana keep. And, probably the best part of it is that we all love what we do. I know that I do!!! 19 JAG Report What has really made this year so special is that I have had the privilege to represent each of you with MACo, other state commissioner organizations, as well 20 as NACo . I have worked with the Forest Service at the District, Forest, Regional HCT News and national level. I have had the opportunity to meet and work with most of the State Agencies on a variety of topics. And, I have worked with many of you, the 21 commissioners across this state.
Brian’s General There is no question that many of you are living in smoke at this time. Southwest Law Update Montana is experiencing conditions similar to that of the park fires of 1988. Beaverhead County has a fire that is approaching 4000 acres and we know other 23 - 24 counties up the west side of the state and in Idaho have fires that are much bigger NACo News yet. The western drought appears to be dragging on this fall and the fires will likely burn till we get snow, whenever that will be!!!?? 25 Commissioner Profile In our area we were very fortunate in having great hay crops in first cutting because of some very timely rain. Like many of you, we did not get much help from run-off 26 and irrigators have been very cautious in managing irrigating water. I know that Emelia’s Safety Corner many areas of the state were not this fortunate and saw crops turn back into the ground. We are hearing that the price of hay will skyrocket due to these weather 27 related events.
MACo Welcomes This is my last report to the members of MACo as your President. Again, I Jodi Bell appreciate your incredible support during this year and I look forward to working with your next President, Maureen Davey. As I and others have expressed many times, 32 the MACo organization is the most respected member organization in the state. It is Calendar of Events apparent during legislature. It is obvious when we meet with other groups. I want to thank Harold Blattie and the MACo staff for their incredible support over the last 12 THANK YOU TO ALL months and their true professionalism in everything they do representing us. I again OF OUR ADVERTISERS want to thank each of you for the opportunity to serve. An experience I will always MACo News • Volume 44, Numbercherish!!! 9 • September 2015 1
MACo News MACo 2nd VP Candidate Bill Barron Lake County Commissioner
How long have you been a county commissioner? 6yrs. & 8 mos. Just Re-elected to 2nd Term
Please summarize your MACo participation. Member 6 yrs. 8 mos. District 10 Chairman 4 yrs. Board of Directors 4 yrs. Justice & Public Safety Committee 6 yrs., Chairman 4 yrs. Member Jail Advisory Group Coordination Council
Please summarize your national, statewide, and/ or community involvement. NACo Justice & Public Safety Committee, Member Coalition for Kids of The Flathead Reservation & Lake County, Past Chairman Boys & Girls Club of The Flathead Reservation & Lake County, Past President Montana/Idaho FBI Graduates Association, Past President Montana Sheriff’s & Peace Officers Association, Past Board Member & 1st VP Special Olympics Committee Crimestoppers Board of Directors Lake County Solid Waste Board, Chairman Polson Fairgrounds Inc., Board Member Lake County Community Development Corporation, Board Member Greater Polson Foundation, Founding Member National Police Hall of Fame Distinguished Service Award & 2 Law Enforcement Commendation Bars National Missing & Exploited Children Award National Law Enforcement Officer of the Year Award Law Enforcement Purple Heart Please detail your special knowledge, skills, abilities and education. Life long resident of Montana 30+ yrs. In law enforcement 8 yrs. as undersheriff 8 yrs. as Lake County Sheriff Graduate of FBI National Academy Graduate of Montana Law Enforcement Academy Approximately 2500 hours of Administrative & Management Training
2 MACo News • Volume 44, Number 9 • September 2015 MACo News
MISSOULA COUNTY HOSTS THE MACo 106th Annual Conference
B OOTH SPACES SOLD S OUT PACES BOOTH SOLD OUT
September 20 - 24, 2015
Online registration is now open!
It’s time to register for MACo’s 106th Annual Conference which will be held at the Holiday Inn Missoula Downtown, 200 South Pattee, Missoula, MT Please register to help us better estimate attendance.
Online registration ends September 14th
Go to: www.mtcounties.org to register * Registration will be available at the door for an additional fee *
If you have any questions or need any additional information, please contact Karen Houston, MACo Meeting Planner at: 449-4360 or [email protected]
MACo News • Volume 44, Number 9 • September 2015 3 MACo News MACo 106th Annual Conference Draft Agenda September 20 - 24 Holiday Inn Missoula Downtown
Sunday, Sept. 20th Tuesday, Sept. 22nd Continued 4:00 pm - 5:00 pm MACo HCT Member Annual Noon - 2:00 pm WCT Trustees Lunch Meeting Meeting 1:00 pm - 5:00 pm On-site Registration 4:00 pm - 5:00 pm Urban Counties Meeting 3:00 pm - 5:00 pm Board of Directors Meeting 4:00 pm - 5:00 pm 6 County Fort Peck Lake Group 5:30 pm - 10:00 pm President’s Reception and Meeting Dinner 5:00 pm - 6:30 pm Social
Monday, Sept. 21st Wednesday, Sept. 23rd
7:00 am - 8:30 am No-Host Prayer Breakfast 7:00 am - 8:30 am MACo HCT Trustees Breakfast 8:00 am - 5:00 pm Registration & Exhibitors Meeting 8:30 am - 4:30 pm Spouse/Guest Quilting Project 7:30 am - 8:30 am Reservation Counties Breakfast 8:30 am - 11:00 am MACo Opening General Meeting Session 8:30 am - 4:00 pm Spouse/Guest Quilting Project 11:00 am - Noon Human Trafficking 8:00 am - 5:00 pm Registration Noon - 1:30 pm Lunch 8:30 am - 2:30 pm General Session 1:00 pm - 5:00 pm Exhibitors set-up 2:30 pm - 4:30 pm Closing General Session / 1:30 pm - 4:00 pm Workshop Sessions Annual Business Meeting 4:00 pm - 6:00 pm Forest Counties Meeting 4:00 pm - 5:00 pm Hard Rock Mining Counties 4:00 pm - 6:00 pm Oil, Gas & Coal Counties Meeting Meeting 4:00 pm - 5:00 pm Coalition of Wildlife Counties Meeting Tuesday, Sept. 22nd 5:00 pm Social & Annual Banquet
6:15 am - 8:00 am MACo PCT Trustees Breakfast Thursday, Sept. 24th Meeting 8:00 am - 5:00 pm Registration & Exhibitors 7:30 am - 9:00 am New Board of Directors’ 8:00 am - 10:00 am MACo Committee Meetings Breakfast Meeting 1. Agriculture 2. Community, Economic For a more detailed Draft Agenda Development & Labor please visit our website 3. Justice & Public Safety www.mtcounties.org 4. Land Use & Development 8:30 am - 4:00 pm Spouse/Guest Quilting Project 10:30 am - 12:30 pm MACo Committee Meetings ATTENTION! 1. Energy -The Holiday Inn Missoula is full- 2. Health & Human Services 3. Public Lands For overflow lodging please call: 4. Transportation 12:30 pm - 1:30 pm Lunch-Exhibitor/Sponsor Comfort Inn University Missoula Appreciation 406-549-7600 1:30 pm - 4:00 pm General Session 1021 East Broadway, Missoula 2:00 pm - 2:30 pm Exhibitor/Sponsor Meeting Ask for the MACo Room Block
$89.00+ tax per night
4 MACo News • Volume 44, Number 9 • September 2015 MACo News A vote to close debate requires a two-thirds vote Delegate Assembly Rules of the delegates voting.
Rule 1 Suspension of Rules Any resolution or bylaw change from a member district or county not submitted at the Rule 7 District meeting must be submitted to the Any of these rules may be suspended by a Resolutions Committee no later than the two-thirds vote of those present and voting. Sunday before the Annual Convention in order to be presented to the Board of Directors for their approval.
Rule 2 Any resolution or bylaw change not submitted through Rule 1 will not be considered Process for Late, Urgent by the Delegate Assembly unless two-thirds of the delegates present and voting elect to or Extraordinary Resolutions suspend the rules to consider late proposals. Late proposals shall be accompanied by copies Late, urgent, or extraordinary resolutions for all delegates and shall be available prior to may be considered at the Annual Conference if the Introduction and Consideration of Bylaw approved by the Board of Directors at their Changes or Resolutions. meeting prior to the Annual Conference for presentation on the floor at the general session Voting Procedures of the Annual Conference. Such resolutions must be presented in writing, in easily readable Rule 3 and understandable form as well as in Each regular member has one vote. adequate numbers for general circulation. (Regular members shall be those counties which contribute annually to the financial These resolutions may be mailed to MACo support of the Association.) There shall be one for submission to the Board of Directors prior to county delegate and one alternate with the the Annual Conference. Any resolutions sub- authority to vote. The delegate and the alternate mitted to the Board will be considered, and must be elected county officials. comments and recommendations will be made for presentation to the general assembly. In Rule 4 addition, the Board may, at any meeting with a In speaking to a motion, a delegate will be quorum present, adopt resolutions pertaining to limited to three minutes except wherein this rule the policy or position of the Association. has been suspended by a vote.
Rule 5 All voting shall be by show of hands or voice vote, subject to the call of the chair. A roll call vote will be conducted upon request by a delegate from the floor.
Rule 6 Debate is considered privileged and a “call for the question” cannot be used to limit debate
MACo News • Volume 44, Number 9 • September 2015 5 MACo News 2015 NACo Annual Conference Report Economic, Community and Workforce Development
Friday A.M. - Started with the Audit Committee. We went through the financials and the DRAFT of the IRS 990 forms that are required.
We spent the rest of the A.M. and early P.M. in the WIR meeting.
3:00 p.m. - Economic, Community and Workforce Development Resolution Meeting. Presented and discussed one (1) platform change and nine (9) resolutions. No vote. Take all to full committee.
Saturday 11:00 A.M.
ECW sub-committee meeting. Workforce sub-committee
Our first topic was a presentation on the role of Community Colleges Connection to Workforce Development. Kevin Dick, Executive Director of Durham Workforce Development Board and Penny Gluck, Dean, Durham Technical Community College gave a presentation about this effective model for education and workforce development partnerships and two of their successfully completed projects.
The second presentation was a discussion on the implementation of WIOA. Blanch Shoup, President of National Workforce Association, and Orrin Bailey, CEO of Michigan Works! monitored a discussion and question and answer on the impact of the US DOL regulations and the WIOA Notice of Proposed Rule making. They focused the presentation on how to ensure county officials and staff are prepared to successfully implement WIOA. The proposed rules are expected to be in effect by January 2016.
During the Economic Development sub-committee meeting, we listened to a panel discussion on Invest- ing in Manufacturing Partnership. County Commissioners from Georgia, Illinois, and Alabama talked of their experiences of these partnerships and how they have benefited their respective counties.
Gary Willis, Program Director for the Office of Economic Adjustment Assistance, U.S. Department of Defense, talked of his programs on defense budget cuts and their negative impact on local business and local areas workforce. Cascade County, Montana was mentioned and Commis- sioner Briggs spoke highly of Gary Willis and the effectiveness of his office.
Saturday afternoon we met as a full committee to discuss and approve a platform change and nine (9) resolutions. The platform change and six (6) of the resolutions passed without any opposition. Two (2) of the resolutions, reinstating Universal Service and free burial of spouses and dependents of veterans were either withdrawn by sponsor or killed by committee. The final resolution, request congress to increase minimum wage, was debated, amended and finally passed by committee on an 18-17 vote. I was selected to present the Minority Report to the NACo Board of Directors the next day. Thanks to Shantel and her late night typing, editing and printing skills. With her efforts I was able to present an effective and professional report, which again was debated at length, but finally killed with a 60-40 vote by the Board of Directors. Attached is the Minority Report: Minimum Wage Resolution.
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6 MACo News • Volume 44, Number 9 • September 2015 MACo News 2015 NACo Annual Conference Report Continued from page 6...
The rest of the conference between the general membership meetings and workshops available were spent talking with other western state commissioners on issues of the west and promoting Leslie Robinson for Western Regional representative on the NACo Executive Board. Congratulations to Leslie on her amazing campaign and election to the NACo Executive Board. Proud of you and know you will do a great job.
I would like to thank MACo for the appointment to this committee and to the NACo Board of Directors.
I will continue to represent Montana, MACo and all county issues to the best of my ability.
Respectfully submitted by,
Mike McGinley Beaverhead County Commissioner
Minority Report: Minimum Wage Resolution Passed on an 18-17 Vote I would like to address the board to give the Minority Report on the minimum wage resolution that has been highly controversial for the past two years.
This year during the joint Community, Economic, and Workforce Development Committee meeting, a substi- tute motion was presented to replace the resolution that was brought to this conference. This substitution resolution was passed by a vote of 18-17.
The main points brought up in opposition to this resolution before debate was stopped with call of question were as follows:
1. We believe this resolution is in direct conflict with our Platform of Basic Philosophy on Workforce Develop- ment (first bullet point titled Local Authority--page 35). 2. Many States and localities have passed minimum wage laws that are higher than the federal rate. We believe this is the responsibility of the State to deal with their local economies. 3. This committee person’s opposition was showing the results of Washington State in the Seattle area with a minimum wage of $15 per hour. The article presented showed the unintended consequences of this action that the most vulnerable population that this act was to address was the most negatively affected. The un-employment rate among minority youth in this area was 4 times that of comparable areas.
Debate was cut short after this by call of the question.
I urge the Board to reject this highly controversial resolution that barely made it out of committee by an 18-17 vote and send it back for further review and discussion.
Thank you, Mike McGinley Beaverhead County Commissioner
MACo News • Volume 44, Number 9 • September 2015 7 MACo News 2015 NACo Annual Conference Report Energy, Environment and Land Use (EELU)
I would like to begin this report by expressing my thanks and gratitude to the Reservation Counties who have given me the honor of allowing me to serve on the Environment, Energy and Land Use (EELU) Committee. The importance of having our voices heard on a national level cannot be overstated and Montana excels at having national representation. My congratulations to Lesley Robinson for her election to the Executive Board and to all the other Montanans in positions of leadership in NACo; you represent us well.
The EELU Steering Committee addresses all matters pertaining to air, water, energy, and land use, including water resources/management, stormwater, pesticides, air quality standards, climate change, solid, hazardous, and nuclear waste handling, transport, and disposal, national energy policy, renewable/alternative energy, alternative fuel vehicles, energy facility siting, electricity utility restructuring, pipeline safety, oil spills, super- fund/brownfields, eminent domain, land use, coastal management, oceans, parks and recreation. We also dabble in things like endangered species, “waters of the U.S.,” “green” building and infrastructure, wildfire management, pharmaceutical disposal and everything and anything in between these wide ranging topics. The committee is comprised of a broad spectrum of individuals so the result tends to be strongly held (and argued) positions. Given the range and importance of these issues, you can see why we need to show up and be part of formulating national policy on these diverse matters.
The committee met Friday and Saturday for a mixture of educational sessions and policy work. A lot of time was spent reworking and wordsmithing our overarching policy, which serves as the framework for the NACo staff to lobby Congress and all the assorted federal agencies. When you multiply the impact of the MACo policy at the State Legislature to a national level where NACo has similar clout, the importance of getting the wording clear and concise becomes readily apparent. The final results of our efforts can be read on the NACo website.
These are the adopted EELU platform changes/resolutions:
Platform Change – Statement of Basic Philosophy Platform Change – Peak Wet Weather Flow Management Techniques Platform Change – Creation of a National Program to Offset Air Pollution Platform Change – Remove Support for a Permanent or Interim Nuclear Waste Storage Facility Platform Change – Supporting the Nation’s Electrical Grid System Resolution on EPA’s Final Waters of the U.S. Rule Resolution to Oppose More Stringent Regulation of Particulate Matter Resolution on EPA’s Efforts to Tighten Ozone Air Quality Resolution on Opposing EPA’s Proposal to Lower the National Ozone Standard Resolution on Opposing the Construction of a Nuclear Waste Repository in the Great Lakes Basin Resolution Supporting an Affordable and Reliable Energy Resolution on the Keystone XL Pipeline (Kudos to Richard Dunbar who has shepherded this resolution for several years now) Resolution Promoting a Level Playing Field for Certified Forest Products in Green Buildings
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8 MACo News • Volume 44, Number 9 • September 2015 MACo News
2015 NACo Annual Conference Report Continued from page 8...
The committee also claimed five cross jurisdictional resolutions. These included:
Platform Change Supporting an Affordable and Sustainable Reauthorization of the National Flood Insurance Program (Justice and Public Safety Committee) Resolution on Executive Order Establishing a Federal Flood Risk Management Standard (Justice and Public Safety Committee) Proposed Platform Change on ESA Listings and Federal Lands Management (Public Lands Steering Committee) Proposed Resolutions on Supporting Ongoing Efforts of Western States to Manage and Conserve the Greater Sage Grouse and in Opposition to ESA Listing of the Great Sage Grouse at This Time (Public Lands Steering Committee) Proposed Resolution on Wild Horse and Burro Management (Public Lands Steering Committee)
Our educational agenda was as wide ranging as our resolutions. These presentations included:
Regional Renewable Energy Procurement Project from Alameda County, California City-County Partnership on the Coal-Tar-Based Sealants Program from Mecklenburg County, North Carolina Community Rain Garden Partnership from Clackamas County, Oregon Vactor Control Program from DuPage County, Illinois (This is available by contacting Julie Ufner at NACo directly but the file was too large for the website.) Wildfire Partners Program from Boulder County Colorado County Grants to Replace Aging Diesel Engines Program (GRADE) from Mecklenburg County, North Carolina Local Government Pharmaceutical Stewardship Ordinances in the Courts from Alameda County, Califor- nia
I also attended all the general sessions where there were many informative and inspirational speakers and several educational sessions including one on drought preparedness which struck really close to home as we are currently one of the drought disaster counties.
Respectfully submitted,
Sandy
Sandra J. Broesder Pondera County Commissioner
MACo News • Volume 44, Number 9 • September 2015 9 MACo News 2015 NACo Annual Conference Report Agriculture and Rural Affairs
In Charlotte, North Carolina at the NACo Annual Conference, MACo was represented by 14 Commissioners with memberships on 12 boards or committees. The Montana Commissioners on committees are tasked with reviewing and making recommendations on public policy issues and legislation.
NACo has three forms of policy pronouncements: the American County Platform; policy resolutions passed by the members at the annual meeting; and Board resolutions on policy passed by the board of directors between annual meetings. When necessary, the executive committee may make interim policy decisions between board meetings.
The Agriculture and Rural Affairs Steering Committee has two subcommittees-Rural Development and Agriculture and Food Safety. Presenters for the Rural Development Subcommittee were Nathan Ohle, Special Advisor for External Affairs, U.S. Economic Development Administration and Eleanor Lockwood, County Manager, Churchill County. Nevada. Mr. Olhe presented how the U.S. Department of Commerce Economic Development Administration investment policy is designed to establish a foundation for sustainable job growth and how to build strong regional economies. The session discussed the strategic investments and initiatives developed by the EDA in partnership with multiple federal agencies aimed at fostering regional economic development efforts in rural communities. Ms. Lockwood gave a very interesting ,from the heart, presentation on how Churchill County, Nev and the Naval Air Station Fallon coexist in the historically ranching community. The NAS Fallon was originally built in 1942 to ward of a Japanese invasion. Today it homes TOPGUN, Naval Strike and Air Warfare Center, the Carrier Airborne Early Warning Weapons School, the Navy Rotary Wing Weapons School and the Navy SEAL Combat Search and Rescue. The Churchill County, the Naval Station, and other local partners are working to ensure that the lands around the Naval Station (240,00 acres) remain compatible with the installations training mission, primarily through the protection of local and historic ranchland. The Agriculture & Food Safety Subcommit- tee was presented by a peer panel on Genetic Engineering and Your County. Council Member Margaret Willie, Hawaii County Hawaii and Commissioner Doug Breidenthal, Jackson County, Oregon, provided members with an in-depth look at how counties have been thrust into biotechnology regulation and the pros and cons associated with county-level involvement.
During the full Agriculture and Rural Affairs Steering Committee Meeting, members considered several resolutions and platform changes. The committee passed three resolutions:1) Proposed Resolution on the Grain Inspection, Packers and Stockyards Administration, 2) Proposed Resolution Opposing Inconsistent GMO (genetically modified organisms) Regulation, and 3) One cross-jurisdictional Proposed Resolution Opposing More Stringent Regulation of Particulate Matter (Environment, Energy and Land Use Steering Committee also passed). The Proposed Platform Change on Country of Origin Labeling (COOL) had a very solemn, heart felt discussion. Since the US House of Representatives voted to amend the Agricultural Marketing Act of 1946 by repealing country of origin labeling requirements for beef, pork, and chicken, the NACo Platform Change removed mandatory from its policy.
Other committee meetings I attended included: Public Lands and Environment, Energy and Land Use. I sat in on workshops that covered drought preparedness, cyber security and health coverage in jails.
The Election of NACo Officers and Business Meeting is one of the highlights of the conference. My County Leader- ship Institute (CLI) classmate the Honorable Sally Clark, Commissioner, El Paso County was elected NACo President. The 2016 Annual NACo Conference will be held in Los Angeles County/Long Beach.
Respectfully submitted, Maureen Davey Stillwater County Commissioner
10 MACo News • Volume 44, Number 9 • September 2015 MACo News Kenton (Kent) Larson McCone County Commissioner 1933 - 2015
Kenton E. Larson, 82, of Circle, died Friday, Aug. 7, 2015, in the McCone County Clinic in Circle.
He was born to Arnold and Martha Larson on April 12, 1933, 20 minutes after his twin brother, Keith, in Reeder, North Dakota. A South Dakota tale has it that on a dark and rainy night a young woman took refuge from the storm under a bridge. Earlier that day, she left home on a mare to travel to the doctor for the delivery of her twins. During the night, she gave birth to a set of red-headed, freckle-faced twin boys under the bridge. The mare gave birth to twin foals the same night. The next morning, the young woman put a baby on each foal, jumped on the mare and the three rode back to the family ranch. Thus, began the intrepid life of Kenton Larson.
A childhood accident fashioned Mr. Larson into a resolute young man who focused on what he could do, rather than on what he couldn’t. As an independent youth, he ran his own trap line, worked the oilfields of Wyoming, was a cab driver in Detroit, Michigan, and a turkey farmer in Minnesota. He attended Wahpeton Trade School for Auto Body Repair.
While traveling west to Great Falls in search of work, Mr. Larson stopped in Circle and happened to ask about employment opportunities. He was directed to the Ford garage where he began working as a bodyman. He met several people in the area, one such person being Slim Freitag. He was introduced to Mr. Freitag’s daughter, Donna. She immediately fell in love with the handsome young man with wavy auburn hair. They were married Feb. 11, 1955, in Circle.
Mr. Larson’s entrepreneurial zeal lead him to found Kent’s Body Shop in July 1956. Through the years the business and a family grew. Denise, Amy, Arnie and Don loved their early years with their parents at the body shop. GMC trucks and Honda sales and service rounded out the business.
Mr. Larson’s health concerns dictated he give up the physically demanding work of auto body repair. Mr. and Mrs. Larson purchased the Gamble’s Store on Main Street in 1967. They had a thriving enterprise selling a wide range of goods and services. Mr. Larson looked to the future and planned ahead, the new store was built on the corner in 1975.
Mr. Larson undertook his life’s passion in fall of 1977 when he started farming at the Volla Place, west of Circle. Over the years, he farmed and ranched while fishing and hunting to his heart’s content.
He was elected as a McCone County Commissioner and served faithfully for 18 years. He took his responsi- bilities very seriously and worked tirelessly for the good of McCone County.
Throughout his career, Mr. Larson enjoyed restoring vintage cars. He and his wife were members of the Montana Model “T” Club. They enjoyed touring the backroads of eastern Montana, camping at Ft. Peck, berry picking in the hills and visiting Medora, North Dakota.
Condolences may be sent to the family by visiting: www.stevensonandsons.com. Memorials may be made to the Shriner’s Children’s Hospital or to the cause of one’s choice.
MACo News • Volume 44, Number 9 • September 2015 11 MACo News Clifford A. Bare Stillwater County Commissioner 1935 - 2015
Clifford A. Bare passed away on Aug. 10, 2015 at home. He was born July 11, 1935 to Joe Bare and Florence Hart Bare Guthrie in Reed Point, MT.
He graduated from Big Timber in 1954. In 1957, he enlisted in the military service. On May 29, 1962 he married Norma A. Bare in Butte. From this union there were four children: Don (Laura) Bare, Rosi (Tye) Cumin, Shaun (Shelley) Bare, and John (Christy) Bare.
Cliff worked at SMC until he was elected county commissioner in 1993 and remained in that position for 12 years. He enjoyed meeting people from all over the state. He did a lot for the county and was not afraid to voice his opinion to anyone.
He is also survived by 14 grandchildren, five great grandchildren, his sister Donna Bue of Absarokee, brothers Roger (Evelene) Bare of Laurel, Mont., and three children, Richard (Birdie) Bare of Plains, MT and three children, Raymond (Virginia) Guthrie of Absarokee and two children, two sister-in-laws, Janet Welsh and Carol Enrooth, and many nieces, nephews, cousin and friends.
Verner Laurits Bertelsen Powell County Commissioner 1918 - 2015
Verner Laurits Bertelsen, died on the evening of Aug. 18, 2015, at the age of 97.
He had been diagnosed with cancer in January of 2014. Verner spent the last six weeks of his life at Touchmark in Helena, but prior to that had been vigorously car- ing for his home and garden, making great cookies and remaining active in govern- mental concerns for senior citizens and all Montanans. Verner testified at the Capi- tol, even into 2015, to help preserve the Montana Coal Trust for future Montana generations.
Verner was born in Froid on July 19, 1918. He attended grade school and high school in Froid and graduated from Northern Montana College in Havre in 1938. Verner has lived in Helena for the past 38 years, having moved from Ovando. He was an elementary school teacher in Helmville and then Ovando, from 1938 to 1969, a rancher from 1947 to 1977, the Powell County Commissioner from 1951 to 1957, and a Montana House of Representative from 1975 to 1984, where he served on many committees, being the chairman of Local Government and Revenue Oversight. He was appointed Secretary of State by Governor Ted Schwin- den and served from April 21, 1988, until December of 1988.
Vermer served as Chairman of the of the Developmental Disabilities Planning and Advisory Council, was ap- pointed to serve on the Governor’s Council for Tobacco Use Prevention, was appointed by Secretary of State Mike Cooney to the Election Advisory Council, President of the Montana Advocacy Program and was a Mon- tana Senior representative to the White House Conference on Aging. He was President of the Golden Nug- gets senior citizen club and was a Lobbyist for the Montana Senior Citizens Association. Verner was Chair- man of the Montana Coal Trust for many years. Continued on page 13...
12 MACo News • Volume 44, Number 9 • September 2015 MACo News Verner Laurits Bertelsen Powell County Commissioner Continued from page 12...
Verner was married first to Ellen Bentsen, his childhood sweetheart, who died shortly after the birth of their son, Allen Verner Bertelsen.
Allen was born Nov. 13, 1939, and died after a surgery in March of 2009. Allen’s wife, Jan, moved from Bo- zeman, last year to San Diego, Calif, with their youngest daughter Julie, to reside near their other daughter, Beth Ellen Bertelsen-Purtirka. Beth is married to Sandy and they have two children, James and Jamie. Mark Bertelsen with his wife, Lisa, live in Selah, Wash., and have a son, Brandon, who attends the University of Utah.
Verner’s second wife was Marjorie Wendt, who died in 1975. Two children, David Laurits Bertelsen and An- nette Elizabeth Bertelsen, were born to them. David and his wife, Karen, live in Wibaux. They have two sons, Jeffrey and Gregg. Jeff lives with his wife Tina and daughter Shantel in Wibaux. Jeff’s oldest son, Travis, lives in Wibaux with his wife Jonna. Jeff’s other son Chase is attending Rocky Mountain College in Billings. Gregg lives with his wife Jessica in Dickinson, N.D., with their son Trenten. Annette lives in Helena. Annette’s son Jason lives with his wife Vicki and children, Ben and Adelle, in St. Augustine, Fla. Annette’s oldest son, Dustin, died in Seattle, Wash., at the age of 35.
Verner wed his third wife, Judy Edwards, in 1975. She died in 2001. Judy’s son, Jim Nelson, with his wife Fay, live in Helena. Their daughter Jennifer and husband, Sam Cummins, live with their daughter Caroline in Missoula.
Verner’s forth, and last wife, was Dorothea Cool. They wed in 1993, both the ages of 75. This was Dorothea’s first and only marriage. She and Verner had been engaged briefly at the ages of 18 and then rekindled their romance after the death of Verner’s third wife. They enjoyed 10 years of marriage prior to her death in 2003.
Verner’s current love of the last 11 years has been Betty Barraugh. They have loved, honored, and cherished each other with the great respect and admiration of Verner’s other family members. Betty resides in Helena with her son, Eric, and daughter Terri.
Verner was a member of the Presbyterian Church since 1954, where he was an Elder, on the Nominating Committee, and an Usher. He even served as a Pastor for the occasional need in Ovando. Verner attended the Catholic Church jointly in respect to his wife Judy. And he attended the Assembly of God Church jointly in respect to his wife Dorothea.
Funeral Services will be at 10 a.m., Sept. 6, 2015. His service will be held in conjunction with the regular Church Services at The First Presbyterian Church of Helena, 535 North Ewing Street. Refreshments will be served after. A graveside service will be held at the Ovando Cemetery at approximately 3:30 p.m.
We, the family, are so appreciative of the many superb people who have worked with, supported, enjoyed, loved, and enhanced the life of our fine father, partner, husband, uncle, grandfather and great-grandfather. He will be soulfully missed but is trusted to be with us through spirit and gene.
MACo News • Volume 44, Number 9 • September 2015 13 MACo News Marjorie “Marty” Stene Stillwater County Deputy Clerk & Recorder and County Assessor 1929 - 2015
Marjorie “Marty” was born June 30, 1929, in Helena, a daughter of Edward and Marjorie Gibson Olsen. She received her education in Helena and upon high school graduation was employed by Montana State Telephone and Telegraph Co.
She married Lars Stene on June 27, 1951, in Columbus, where Lars operated the family farm on Flaherty Flat. They were blessed with two sons Lanny and Greg. Marty’s adopted sister Sherry also became a member of the family when her adoptive parents died.
She combined being a homemaker with a business career. She was employed as a bookkeeper at Art Butler Chevrolet and when that business closed she was hired in the Clerk and Recorders office as a bookkeeper and also became Deputy Clerk and Recorder. She was appointed Stillwater County Assessor in 1988 by the County Commissioners and ran for the office in 1990, retiring in 1995 and was the last elected Assessor in the county as the Department of Revenue took over the office.
The family attended St. James Lutheran Church, where she taught Sunday school, Bible School, served three council terms, was active in Alter Guild and sang in the Choir for 50 years.
Her greatest pleasure in life was her family. Both boys were athletes and she attended every game they played in as well as their other events. She loved helping people and was known for the homemade rolls she delivered around the town to her friends. She adored her three beautiful grandchildren, Trevor, Hannah and Shauna Stene.
She was a member of Flaherty Flat Home Demonstration Club and worked very hard to keep it going. She also enjoyed bridge clubs and the many friends she played with.
14 MACo News • Volume 44, Number 9 • September 2015 MACo News National Institute of Corrections Jail Administrator Certification: By Jim Muskovich, MACo Loss Control Specialist
The Montana Association of Counties (MACo) hosted certification training for Jail Administrators in Lewis- town, Montana the week of July 27-31, 2015 in conjunction with the National Institute of Corrections (NIC). There were twenty seven attendees from throughout the State of Montana. Flathead, Chouteau, Beaverhead, Valley, Missoula, Yellowstone, Dawson, Toole, Powder River, Fallon, Teton, Lincoln, Broadwater, Ravalli, Glacier, Park, Fergus, Richland, Jefferson, Lake, and Hill Counties were represented.
The week long training is a nationally recognized certificate program through the NIC that covers a wide range of topics related to jail administration. Modules attendees worked through include Action Planning, Roles of the Jail Administrator in Operating an Effective Jail, Building Support for the Jail in the Community and in the Justice System, Using Jail Standards as a Basis for Policy and Operations, Developing and Assessing Policies and Procedures, Determining Staffing Needs, Promoting Optimal Staff Performance, Managing Inmate Behavior, Developing a fire, Safety, and Sanitation Plan, Managing Jail Resources, Managing Risk, Assessing Jail Operations, and Action Plan Development, Reports, Closeout, and Evaluation.
The NIC utilized the expertise of:
Glenn Watson: Correctional Program Specialist
Rick Kaledas: Rick is the former jail administrator of the Mecosta County Jail in Big Rapids, Michigan. Rick began his career as a corrections’ officer in 1981 and served as a road patrol deputy, sergeant, lieutenant, and captain. He was actively involved in his departments marine division, dive rescue team and fire investigation unit. Mr. Kaledas holds a Master’s Degree in Criminal Justice Administration from Ferris State University and was active in the Jail Administrators Committee of the Michigan Sheriff’s Association, serving in various capacities. In addition, Rick was appointed to the Michigan Sheriff’s Training and Coordinating Council, which was formed to provide oversight of local correctional officer training. He was also a Certified Jail Manager through the American Jail Association and remains active in the field as a trainer, consultant, and certified Local Corrections Officer Training Program Instructor. Mr. Kaledas received the American Jail Association “Correctional Administrator of the Year” award in 2006, and continues to provide technical assistance and training for the National Institute of Corrections and other criminal justice agencies. In addition, Rick served as a faculty member in the School of Criminal Justice at Ferris State University before accepting a position with the Washtenaw County Sheriff’s Office in Ann Arbor, MI, as Commander of the Corrections Division. In 2011, he was named Chief Deputy for the Washtenaw County Sheriff’s Office, and served in that role until his retirement in 2015. He remains active in the field as consultant and technical resource provider.
Marsha Travis: Marsha Travis began her career with the Davidson County Sheriff’s Office in 1988, and currently serves as Administrator for the Correctional Development Center-Male after serving as administrator of DCSO’s direct-supervision female facility. Her first encounter with corrections was as an intern, and upon completion of college, she became a full-time correctional employee working initially in support services and programming before assignment in security operations then assuming the role of Administrator. Marsha furthered her education through leadership and management courses offered by the National Institute of Corrections. She has been recognized by the American Jail Association as a Certified Jail Manager since 1998, and also holds ACA’s designation of Certified Corrections Manager. To further her corrections experience, Marsha serves as an ACA certified auditor. She has completed a five year term as a Continued on page 16... MACo News • Volume 44, Number 9 • September 2015 15 MACo News National Institute of Corrections Jail Administrator Certification: Continued from page 15...
Commissioner for AJA’s Jail Manager Certification Commission, serving as the Commission Chair 2010- 2011, and has previously been elected to ACA’s Delegate Assembly as one of two representatives for jails across the country. Marsha also conducts training sessions for the National Institute of Corrections, AJA, as well as her agency. She has assisted as a track manager for AJA’s conference planning committee since 2009. Marsha received the Correctional Administrator of the Year-Large Jail award at the 2010 AJA conference in Cincinnati. She currently serves on the Board of Directors for AJA, elected to the position of Secretary and member of the Executive Committee.
Mark Martin: Over 37 years of experience in adult and juvenile corrections working extensively with sheriffs, detention administrators, tribal officials, county commissioners, and legislators, helping local, state, and tribal jurisdic- tions address detention problems. He led the development and implementation of standards for adult and ju- venile detention facilities in Nebraska. He worked with officials in Idaho, Montana, Alaska, and the Federal Bureau of Indian Affairs in the development or revision of detention standards as well. Developed and deliv- ered training for detention inspectors and auditors from inspection programs across the country. He authored a publication for the National Institute of Corrections as a resource to assist states in the development and implementation of detention standards. Led a comprehensive juvenile justice reform effort in Nebraska in- volving development of new juvenile facilities and upgrading existing facilities, establishment of community- based services partnering with the private sector, implementation of objective risk-based classification pro- cesses, and integration of juvenile justice services with the child welfare and child mental health systems. Provided technical assistance and guidance on justice system and detention issues to local, tribal, and state jurisdictions in over 40 states working as an independent consultant. He authored nine publications for the National Institute of Corrections on such topics as Jail Administration, Effective Jail Operations, Jail Budget Development and Management, Policy Development, Risk Management, and Inmate Behavior Management. He coordinated development of twelve training program curriculums for the National Institute of Corrections in such areas as Jail Administration, Detention Facility Staffing Analysis, Jail Resource Management, and Jails as a part of County Government. Mark also trained detention facility administrators from across the country over the past two decades in these programs.
MACo would like to acknowledge the efforts of the NIC staff, attendees, and the counties the attendees represent.
Certificate Holders and NIC Staff Continued on page 17...
16 MACo News • Volume 44, Number 9 • September 2015 MACo News
National Institute of Corrections Jail Administrator Certification: Continued from page 16...
Congratulations to the following NIC certificate holders!
Adam Banks Trinity Bach Jennifer Anderson Root Jay O’Neill Beaverhead County Chouteau County Flathead County Park County
Sam Bofto Scott Leete Steve Holton Tim Seifert Yellowstone County Ravalli County Ravalli County Glacier County
Jeremy Schmidt Joel Shearer Nicholas Eislele Phillip Picco Hill County Lake County Fallon County Fergus County
Continued on page 18...
MACo News • Volume 44, Number 9 • September 2015 17 MACo News National Institute of Corrections Jail Administrator Certification: Continued from page 17...
Congratulations to the following NIC certificate holders!
Travis Miller Allen Drane Brandon Harris Brent Faulkner Lincoln County Powder River County Broadwater County Lincoln County
Byron “Cody” Donahue Clint Ellsworth Darrell Beckner Eric Kunath Toole County Teton County Valley County Washtenaw County Michigan
Erik Rykal Heather Reed Jefferson County Richland County
18 MACo News • Volume 44, Number 9 • September 2015 MACo News Jail Advisory Group (JAG) Report By Jim Muskovich, MACo Loss Control Specialist
The Jail Advisory Group met on August 18th, 2015 at the MACo offices in Helena with the next meeting to be held on September 16th, 2015 at 1 PM at the Montana Board of Crime Control located at 5 South Last Chance Gulch Helena, MT.
The Group heard from Dr. Gary Mihelish regarding funds available through the Montana Mental Health Trust as well as CIT training for entities throughout the State of Montana.
The Jail Advisory Group also discussed the final data reports and strategic plan to be in fulfilling the grant issued through the Montana Board of Crime Control (MBCC) for a study of mental health in County Detention Centers. A final report of the Strategic Plan will be presented at the September meeting.
Lastly, a Coordinating Council consisting of two County Commissioners (Joe Briggs, Cascade County and Bill Barron, Lake County) and two County Sheriffs (Brian Gootkin, Gallatin County and Chris Hoffman, Ravalli County) has been developed to oversee items related to the Jail Standards, PEER Reviews, and Jail Advisory Group functions. It will be the Council’s responsibility to approve projects, hiring of consultants, and administration of funds needed for project development.
Any questions or concerns related to these topics or others should feel free to contact MACo Loss Control for assistance.
MACo News • Volume 44, Number 9 • September 2015 19 MACo HCT News
IT’S ALL ABOUT TRUST
20 MACo News • Volume 44, Number 9 • September 2015 MACo News Brian's General Law Update By Brian Hopkins, MACo General Counsel
Updated Guidance on Investigations of Employee Misconduct
The responsibility for handling personnel issues varies greatly among the counties. Some of the larger counties have a full-time human resources director. Many counties ask the County Clerk and Recorder to handle these functions, and in some counties, the commissioners take on personnel matters. Regardless of which individual or office handles personnel matters, every county should understand that any proposed discipline which may lead to the loss of pay (unpaid suspension) or employment requires that due process be afforded to the affected employee. Due process simply means that the allegations of employee misconduct are investigated and evaluated, and that the affected employee is allowed an opportunity to respond to the allegations, no matter how clear-cut the facts may seem. Due process can either be offered through a due process letter with an opportunity to respond in writing, or a meeting with the employee allowing him or her to respond to the allegations. For more complex or serious allegations, the written format is preferred because it provides a fully documented record of the allegations and the employee’s response.
An integral component of affording due process is conducting a proper investigation. This typically means interviewing witnesses. While the investigation is underway, the subject of the investigation may be placed on paid administrative leave. Sometimes this is appropriate because the subject’s continued presence in the workplace is disruptive. Sometimes it will be appropriate because co-workers may feel a certain amount of peer pressure not to speak ill of a co-worker, either because they don’t want to get involved or because they are concerned about retaliation against them.
Historically, MACo has advised that when investigations are conducted, employees should be directed not to discuss these internal investigations with anyone. However, this standard practice should no longer be uniformly and automatically followed, due to a ruling by the National Labor Relations Board. In a case involving Banner Health System, the Board found that the employer violated the law by directing an employee who was the subject of an internal investigation to refrain from discussing the matter while the employer conducted the investigation. Although this case involved a union employee, the Board made it clear that a blanket prohibition on talking about a pending investigation is improper regardless of whether the employee is represented by a union or not and regardless of whether the person being interviewed is the subject of the investigation or a witness.
This is not to say that a ban on discussing an investigation is never appropriate. County investigators who do ask for confidentiality should be prepared to establish that confidentiality is necessary to protect a witness, prevent the destruction of evidence, preserve testimony, prevent a cover-up, or further another legitimate business interest. For example, confidentiality may be appropriate in a case where sexual harassment is alleged, because of a realistic threat that the apparent victim may be subject to intimidation or retaliation.
The bottom line is that if any of these concerns are present, a ban on discussing an ongoing investigation may be appropriate; but it should not be the automatic or ‘default’ position. As always, if you need further guidance on this issue, speak with your County Attorney or MACo.
MACo News • Volume 44, Number 9 • September 2015 21 MACo News
Employment Opportunity In Pondera/Teton Counties
Pondera County seeks full-time Registered Sanitarian to work in both Pondera and Teton Counties. Non-Registered Sanitarian will be considered if able to achieve registration within 6 months of hire. Pay dependent upon qualifi- cations. Application form and job description available at Montana Job Service and/or Clerk and Recorder’s office at Pondera County Courthouse. Applications will be accepted until the position is filled. First applicant screening will be September 9, 2015.
2015 DIRECTORY OF MONTANA COUNTY OFFICIALS
Now Available
You may order your directory by going to our website: www.mtcounties.org
22 MACo News • Volume 44, Number 9 • September 2015 MACo News
November 5, 2:00 PM - 3:30 PM EST (General Audience)
Integrity and Civility: The Bases of Leadership
Attendees will examine the challenges of adhering to civil conduct despite provocations form colleagues and constit- uents. Civility is discussed as a critical component of In- NACo Webinars tegrity, and the skills necessary to fulfill this duty are pre- sented. This is the fourth presentation in NACo's five-part September 10 , 12:00 PM - 1:15 PM MDT series on Integrity and Civility, featuring Stu Brody, (General Audience) Founder of Integrity Intensive. The series probes beyond common understandings of integrity and civility and teach- Stepping Up: Effective Law Enforcement and es distinct skills—a “practice”—for tackling the complex Diversion Strategies ethical and interpersonal challenges of public life.
Join us for the next webinar in the Stepping Up series to See more at: http://www.naco.org/events/integrity-and- learn about key law enforcement and diversion strategies civility-bases-leadership#sthash.Kl6T0jzh.dpuf for reducing the number of people with mental illnesses in jails. As the second of three webinars focused on Module 3 of Stepping Up, county law enforcement and behavioral health practitioners will share law enforcement-focused policies, practices and programs they have established and the impact they have had on these numbers. Attendees are encouraged to first review the first webinar in this module before watching this one. The final webinar in this module will focus on effective strategies for connecting people to community-based services after their release from jails.
October 8 , 12:00 PM - 1:15 PM MDT (General Audience)
Stepping Up: Effective Strategies for Connecting People with Mental Illnesses to Services after Release from Jail
Join us for the next webinar in the Stepping Up series to learn about key strategies for connecting people with mental illnesses to community services in preparation for release from jails. As the last of three webinars focused on Module 3 of Stepping Up, county corrections and behavioral health practitioners will share policies, practic- es and programs they have established to better connect people to services and the impact they have had on the number of people returning to their jail. Attendees are encouraged to review the first webinar in this module before watching this one. The second webinar in this module focused on effective law enforcement and diversion strategies for reducing the number of people with mental illnesses who enter jails.
MACo News • Volume 44, Number 9 • September 2015 23 MACo News
tion of any given year enrolled in the program, and Renewed Support for health care outcomes and economic security are Medicaid at 50 much better for those in Medicaid compared with the By Mary Ann Borgeson, NACo Staff uninsured. Children with Medicaid coverage live healthier, more produc-tive lives as adults than simi- larly disadvantaged children without ac-cess to the In 1965 — 50 years ago July 30 — President John- program. son signed the landmark legislation that created Medicaid. In so many ways, it was a different world Medicaid supports our most vulnerable citizens — then. Televisions had antennas and broadcast just including the disabled, seniors and their families — a few channels in black and white. Gas cost 31 who account for two-thirds of Medicaid’s budget. cents a gallon and the Dow was at 969. Tobacco One in five people with Medicare also rely on Medi- had only just been declared a hazard. caid to cover the things that Medicare doesn’t like nursing home care, dental treatment and vision Health care treat-ments and the way we deliver and care. pay for them have also changed dramatically in the past five decades — largely for the better. But one Medicaid does more than just care for our residents. thing that has not changed since 1965 is the sad It has been a source of innovation in American fact that there are times in people’s lives when they health care benefitting our local economy. Medicaid will face medical challenges — sometimes serious reduces the frequency of uncompensated care pro- ones. And it often happens when we least expect it. vided by local hospitals and health centers, lessen- Fortunately when people need help, Medicaid is ing the strain on our county budget. It provides pa- there for them. Nearly two-thirds of Americans have tient revenue that helps com-munities retain doctors either benefited directly from Medicaid or have a and other health professionals, especially in under- family member or friend who has. served and rural areas.
In our counties, Medicaid is a lifeline for people who There will always be a need to treat illnesses in our other-wise lack coverage for their health care community, and Medicaid should always be there to needs. We take seriously our responsibility for pro- help. This is why preserving a strong federal-state- tecting the health and well being of all of our resi- local partnership for financing and delivering Medi- dents, and the Med-icaid program helps make that caid services is the top health priority for NACo. possible.
Nationally, counties invest $70 billion on health care services. We run 1,000 hospitals and 700 nursing homes. At least 16 states require counties to contribute to the non-federal share of Medicaid, and the majority of states require counties to pro- vide health care for low-income, uninsured or un- derinsured residents.
Over the past half century, Medicaid has had a pos- itive and lasting impact on the many families it serves, providing health care to one in every five Americans from all walks of life. Half of the babies born in this country had their births covered by Medicaid. The program fills gaps in people’s health coverage and helps them transition through life events that would otherwise leave them uninsured and more vulnerable.
The average adult with Medicaid spends only a por-
24 MACo News • Volume 44, Number 9 • September 2015 MACo News
Person(s) who had the biggest influence on you/ Commissioner your life, and why: My parents, Jerry and Eliza- Profile beth, because they taught me the value of hard work. Steve Wood, wrestling coach, because he Larry Hendrickson made you dig deep to find an inner strength. Liberty County
Spouse’s name and time together: Janice - Married 32 years
Children: Christi, works for Alaska Airlines in Seattle and Tyrel, a farmer in Chester.
Occupation and years at current occupation: Farmer 35 Years and County Commissioner 10 years.
Profession before current occupation: Always have been a farmer. MACo Conferences 2015 Annual Conference Education: Chester High School, Northern Montana September 20-24 - Holiday Inn, Missoula College, Associates Degree Farm and Ranch Management. 2015 Elected Official Orientation November 30 - December 3 Biggest challenge you’ve ever faced: Buying a MACo Conference Room, Helena farm in the early 80’s drought. 2016 Midwinter Conference Two people, alive or not, you would like to have February 1-4 - Heritage Inn, Great Falls dinner with: My Grandfathers, to discuss how much agriculture has changed. 2016 Annual Conference September 18-22 - Billings Hotel Surprising fact about you: Janice and I won a and Convention Center dance contest.
Most adventurous thing you’ve ever done: Went to Australia with the intent to buy a cattle station.
Favorite TV show: Any Western
A turning point in your life: Getting married to my best friend
A book you have read twice (or more): Wilber Smith books, I have them all
The job you wanted at age 18: Teacher
Favorite movie: John Wayne Westerns
MACo News • Volume 44, Number 9 • September 2015 25 MACo News
somewhere else.'" Emelia’s Safety Corner Safety tip of the Month "Really, this is like microsurgery. This is like a thing. I was at Beth Israel. I had to go over to Bellevue Hospital. This amazing doctor, Dr. David Chiu, The “Ring” of Truth comes in. He has a bowtie and cowboy boots. Source: Safety Toolbox Talk Webmaster 'That's my doctor! That's my guy!' I knew it when he walked in. I go, 'That's the guy who's going to save my finger.'"
Fallon explained that the "odds aren't great with these things...Usually they just cut your finger off. So, I was going to lose my finger. And I was like, 'Wow.' So this guy did surgery for like six hours— microsurgery—so it's like under a microscope. He had to take a vein out of my foot. It's a crazy story! I didn't know this was happening because I was knocked out at this point. So he took a vein out of
my foot and put it in there. Veins only work one
Jimmy Fallon, well known host of The Tonight way...so you have to remember which way and Show, recently revealed why he has been wearing reverse it, and if you're putting it together and you do a sizable bandage and brace on his left hand during one missed stitch or something like that, the vein the show after coming back from a two week break closes up and it's useless. You screwed up and it's this summer. not going to happen. And he did it. He saved my finger." "I can't tell you how excited I am to be back and seeing you guys here. What a crazy break we had, Incidents like this can happen anywhere. The likeli- a two-week break. So basically what happened is I hood that you would trip and catch your ring on the tripped and fell on a braided rug that my wife loved, countertop is rare. However wearing rings while and I can't wait to burn it to the ground. I tripped and working around moving equipment with your hands fell and I caught my fall. So I'm getting up and my is another story. Each week incidents such as what finger's sideways. So I go, 'Oh, my God! Did I just happened to Fallon occur in workplaces around the break my finger? This is the lamest thing in the world. Don't tempt fate . . . don't wear jewelry while whole world.' It completely looks fake, like in a cheap horror movie where you see a broken finger. working around moving equipment. It looks like that! That's what it looks like. So I wrap my hand in a towel and I get in a cab and go to the emergency room. I go, 'I broke my finger! I think I broke my finger!' And they go, 'Oh, you didn't break your finger.’”
It is something far worse as he explained.
"It's a thing called ring avulsion. A-V-U-L-S-I-O-N. If you Google it, it's graphic images. Don't Google it. But ring avulsion, it's a real thing...My ring got caught on a countertop when I was going down and stuck there and pulled my finger out," he explained. "Trust me, I'm like, 'Wait, what?' I didn't even look at the thing. So I go, 'Can you fix it?' And they go, 'Oh, no. No. We've got to send you
26 MACo News • Volume 44, Number 9 • September 2015 MACo News MACo Welcomes - Jodi Bell - A new member of MACo Conferences the family 2015 Annual Conference September 20-24 - Holiday Inn, Missoula
I recently moved to Helena 2015 Elected Official Orientation to join the Defense Services November 30 - December 3 team here at MACo as an MACo Conference Room, Helena Office Coordinator. I was born and raised in Las 2016 Midwinter Conference Cruces, NM. I decided five years ago I wanted February 1-4 - Heritage Inn, Great Falls to move to Montana so I set out on a path that would achieve my goal. After being a Residential 2016 Annual Conference Appraiser for more than a decade I went back to September 18-22 - Billings Hotel school to get an education in Paralegal Studies. and Convention Center When I went to work for my previous employer he informed me he planned to retire this fall/winter, which worked really well with my after graduation plans to move to Montana. After graduation I put together a list of attorneys around the state and began mailing my resume out. Fortunately a copy of my resume fell into the hands of the good folks in Defense Services and Viola! here I am.
My move to Montana included two of my five animals – both cats. Finding housing with just them was very difficult so I had to leave two cats and a dog at my mom’s. While I will miss them, hopefully next summer I can bring them here. Other than spending time with my animals, my hobbies include quilting, crocheting, knitting, weaving (basically any kind of needlework and in general crafting), reading, photography and digital design. I hope to join the Helena Farmers’ Market in the near future, as I had been a member of the Farmer’s Market in Las Cruces for almost 23 years. I also hope to do some exploring around the area and work on my photography.
I have been blessed with a good neighbor and a great place to work. I hope to be here for a very long time.
MACo News • Volume 44, Number 9 • September 2015 27 MACo News
28 MACo News • Volume 44, Number 9 • September 2015 You arrive at your hotel and check in at the front desk. When checking in, you give the front desk your credit card (for all the charges for your room). You get to your room and settle in. MACo News Someone calls the front desk and asked for; example Room 620 (which happens to be your room). Arthur J. Gallagher 200 S. Orange Avenue, Suite 1350 Orlando, FL 32801
(800) 524-0191, Ext. 3512 www.ajg.com Avoid the pitfalls in the architect’s form contracts!
Beware the “standard” forms of agreement tendered by your architect for construction projects. There are provisions contained in these agreements which work very much in favor of the architect and contractors and against the best interests of the project owner – that’s you!
I’m talking about waivers of subrogation and consequential damages.
The basic AIA agreement text provides that the parties “waive subrogation” for any property damage claims covered by insurance. This would be fine if you were a contractor rather than the owner of the property. This means if anyone’s property is damaged and covered by property insurance, the owner of that property will accept payment from their own insurance company and the claim will end right there. No one will be allowed to go after the contractor or architect who actually caused the damage!
Example: The architect does bad design work for the drainage around a school building addition. During con- struction water backs up and infiltrates the existing school building causing $300,000.00 of damage to school equipment, including computers and furniture. In this scenario, if you signed the standard AIA documents without editing, then you and your JIF are simply out of luck. The architect and his insurance company walk away with no payment!
The standard documents also contain provisions by which the parties waive “consequential damages”. What does this mean? In our example above, if the school district had to rent substitute space and hire buses on a temporary basis while it’s’ building is repaired, there would be no recovery for these expenses because you waived them when you signed the standard AIA agreement forms. You are stuck paying these expenses out of your current expense budget and not recovering them from anyone!
Are these outcomes fair? Obviously not, because it is the school district /owner of the project who is exposed to property and consequential losses when things go bad on a construction project. The architect’s and contractors’ exposure to property and consequential losses on your project are simply not comparable to your exposure. That’s what makes these clauses unbalanced and unfair to you.
What’s the fix? Edit these clauses out of your agreements before you approve them. These clauses are not required by law and are subject to negotiation between the parties. Continued on page 30...
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MACo News • Volume 44, Number 9 • September 2015 29 MACo News Avoid the pitfalls in the architect’s form contracts! Continued from page 29...
Where are these clauses?
In the architect’s contract:
In AIA Document B104, the Standard Form of Agreement Between Owner and Architect, you will find the sub- rogation waiver at paragraph 8.1.2. It should be deleted.
Also in AIA Document B104, you will find the waiver of consequential damages at paragraph 8.1.3. This para- graph should also be deleted.
In the construction contracts:
In AIA Document A201, General Conditions of the Contract for Construction, you will find the subrogation waiver at Article 11, Section 11.3.7. This section should be deleted.
Also in AIA Document A201, you will find the waiver of consequential damages at Article 15, Section 15.1.6. This section should also be deleted.
Before your district signs any more of these “standard” agreements, please ask your Solicitor to do a comprehensive review of the standard forms to make certain you do not put your district at a disadvantage when claims arise. Feel free to pass this memo along to your Solicitor as a starting point.
You can you can anticipate that you will get resistance and that’s why it’s important right from the start when you are hiring your architect. Trust me, BEFORE the contract is signed is when you have more than enough leverage to get these disadvantageous provisions removed from your contract documents.
30 MACo News • Volume 44, Number 9 • September 2015 MACo News
MACo News • Volume 44, Number 9 • September 2015 31 MACo News Calendar of Events (Please see the MACo website for more detailed information at www.mtcounties.org) Legislative Interim Meetings at the Capitol September 2015 20- 24 MACo Annual Conference - Missoula September 2015 September 2015, Cont. 2-3 Water Policy 24-25 Education & Local November/December 2015 9-10 Environmental Gov’t Quality 24-25 Revenue & Nov. 30 - Dec. 3 MACo Elected Officials Training - 11 Energy & Telecom Transportation MACo Conference Room 14 Children, Families, 28-30 Law & Justice Health & Human Services October 2015 21-22 State-Tribal Relations
Board of Directors MACo STAFF ASSOCIATE Copper Member EXECUTIVE COMMITTEE MEMBERS MDU Resources President Harold Blattie, Executive Director Anderson Dave Schulz, Madison County Sheryl Wood, Associate Director ZurMuehlen 1st Vice President Diamond Maureen Davey, Stillwater County Kathy Johnson, Finance Director Member & Company P.C. 2nd Vice President Sara McGowan, Accounting Technician Arthur Gallagher MT Newspaper Todd Devlin, Prairie County Risk Management Association Fiscal Officer Karen Houston, Meeting Planner Services Mike McGinley, Beaverhead County Shantil Siaperas, Legislative Analyst & Urban Representative MT Dept. of AFFILIATE Communications Specialist Jim Reno, Yellowstone County Commerce MEMBER Immediate Past President Sharon Wilson, Administrative Assistant Silver Members Montana Association Joe Briggs, Cascade County Greg Jackson, PCT/WCT Administrator Nationwide of County Road PAST PRESIDENTS Shannon Shanholtzer, PCT/WCT Associate Retirement Supervisors (MACRS) Greg Chilcott, Ravalli County Administrator Solutions John Ostlund, Yellowstone County Emelia McEwen, Senior Loss Control Specialist NorthWestern Carl Seilstad, Fergus County Energy Mike McGinley , Beaverhead Thank you to our Jim Muskovich, Loss Control Specialist Apollo Solutions John Prinkki, Carbon County Members! Bill Kennedy, Yellowstone County Bonnie Knopf, Claims Data Specialist Group
Carol Brooker, Sanders County Brian Hopkins, General Counsel Bob Mullen, Jefferson County Bronze Members For information on Carol Knight, Legal Assistant DISTRICT CHAIRS AT & T how to become an 1. Gary Macdonald, Roosevelt County Gregory Bonilla, Managing Defense Counsel Morrison-Maierle Associate Member, Ameresco, Inc. 2. Douglas Buxbaum, Dawson County Maureen Lennon, Defense Counsel visit our website at 3 Doug Martens, Rosebud County Mitch Young, Defense Counsel WGM Group 4. Larry Hendrickson, Liberty County Dorsey & Whitney www.mtcounties.org 5. Ron Ostberg, Teton County Kimberly Potter, Legal Assistant Territorial or call 6. Richard Moe, Wheatland County Jodi Bell, Defense Services Office Coordinator Landworks, Inc. 7. Susie Mosness, Sweet Grass County 406-449-4360 8. Leonard Wortman, Jefferson County Dennis Jupka, Claims Administrator 9. Marty Malone, Park County Wendy Sesselman, Workers’ Comp Claims 10. Bill Barron, Lake County 2015 11. Jeff Burrows, Ravalli County Supervisor 12. Tom Rice, Beaverhead County Christine Holling, Senior Claims Representative Directory of
ELECTED OFFICIALS ASSOCIATION REPS Liz Krzan, Senior Claims Representative Montana County County Attorneys - Leo Gallagher, Kim O’Brian, Claims Specialist Lewis & Clark County Officials Clerk & Recorders - Bret Rutherford, Debbie Bjerke, Claims Representative Yellowstone County Karyn Shirilla, Claims Support Specialist Clerks of Court - Valerie Hornsveld, Available now Broadwater County Alyce Bailey, HCT Administrator Clerks of Court - Connie Mattfield, Laurie Goltry, HCT Program Coordinator Musselshell County Magistrates - Linda Budeski, Park County Deanna Carpenter, HCT Administrative/Enrollment School Superintendents - Susan Beley, Assistant Wheatland County Pam Walling, HCT Marketing Coordinator Sheriffs & Peace Officers - Chris Hoffman, MACo NEWS Ravalli County Shelley Murphy, HCT Marketing Coordinator Ph: 449-4360 Fax: 442-5238 Treasurers - Jane Stene, Sweet Grass County Tom Beneventi, Facilities Director [email protected]
32 MACo News • Volume 44, Number 9 • September 2015