Comments by Todd Devlin, MACo President. Highlights MACo Committee List. 6-7 Robert s Rules of Order. 9 Brian s General Law Update

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1 Highlights MACo Committee List 6-7 Robert s Rules of Order 9 Brian s General Law Update 8 County Commissioner Resigns 11 HCT News 12 Roman Zylawy Retires from MHP 14 Emelia s Safety Corner 17 Obituary 18 Commissioner Profile 19 NACo News BLM News Releases 23 Calendar of Events THANK YOU TO ALL OF OUR ADVERTISERS Vol. 46, No. 1 January 2017 Comments by Todd Devlin, MACo President I hope that all of you had a great Christmas and Happy New Year. I have been serving as your president a whole three months now. We have been busy. Immediately after taking office, I went to the NACo Western Interstate Region Retreat meetings in Jackson County, Oregon. Harold Blattie, Commissioner Mike Murray and his wife Helen were also in attendance. This was historically a major timber harvest county and now is a major marijuana growing county. Or, the preferred name of cannabis providers and growers. No longer acceptable to call pot and pot growers. Kind of like janitors and custodians. Better PR. An estimated $30 million in tax revenue from marijuana for Jackson County alone. Other topics of discussion ranged from federal land payments to mental health. A lot of in common issues that need to be addressed at the national, regional, and state levels. I stressed my president's initiative of starting the dialog of how to prevent sexual abuse in families. Well received, but an uncomfortable topic. The first part of November, I traveled to Ireland for a week pursuing businesses that would like to relocate or expand in Montana counties. Pubs and golf courses were my main contacts. And, if you believe that, I have some oceanfront property in Nevada for sale. Actually, I did go to Ireland for a quick vacation. Drove there too! Now that is an experience. In November, we had our annual MACo insurance pool(s) work session. A time to see where we are and what to improve. MACo's pools are always striving to provide better service at acceptable rates and premiums. And, finally, I am pleased to have the opportunity to work with our new Trust Operations Director, Jerry Spears. I welcome Jerry to MACo! At the end of November, MACo hosted the "Council of County Officials" meeting in Helena. Very well attended by representation of Clerk and Recorders, Judges, Treasurers, Attorneys, Sheriffs, Cities and Towns, Clerks of Court, Health and Human Services, etc. MACo is attempting to have good communication between local governments and associations of local government to make sure that positions are known prior to the legislature. Very open and honest dialog allows us all to know up front who supports or opposes. It allows your executive committee to make the decision to charge the hill or to retreat. Continued on page 2... MACo News Volume 46, Number 1 January

2 Comments by Todd Devlin, MACo President Continued from front page... Again, back in Helena for our year end MACo Board of Directors Meeting. Agenda almost entirely updates of proposed MACo bills, bills we will be watching to either support or oppose, and who we will oppose or support. Home to wash laundry, for the next run... which was Seattle. Roundtable discussion with state association presidents and executives from Idaho, Washington, Oregon, and Alaska. I was given direction to pursue PILT reform due to SRS being void, as well as other issues within the formula. Committee appointments are pretty much finalized. If you have a problem with appointments, please contact me. Not anybody else please. Me... I made the appointments. Give me the opportunity to correct errors or explain why. I want very active membership at the committees. This is where policy is developed and debated. Remember, you need options to make an intelligent decision. And finally,... as the legislative session starts... Harold Blattie and I will travel to Washington DC on January 3rd. On the 4th, we will meet with our Congressmen stressing MACo policy and resolutions. NACo workshops for executive directors and association presidents on the 5th and 6th. Then rush back to the "motherland" to have a presence at the legislature. As president, you get to not only know, but experience the many facets of MACo's duties. It keeps you running. Thank you for your support. Never hesitate to call. We need member involvement. Merry Christmas and Happy New Year to all. Remember... there is more to life than being a commissioner, so keep your priorities correct. Leadership is giving ideas and input... then sometimes we just have to get out of the way. 2 MACo News Volume 46, Number 1 January 2017

3 MACo Committee List Agriculture Committee Name County Larry Hendrickson - Chair Liberty Tom Rice - Vice Chair Beaverhead Bruce Christofferson Phillips Keith Clawson Sheridan Jerry Collins Garfield Maureen Davey Stillwater Keith Holmlund Custer Tom Kuka Pondera Jim Larson Cascade Jim Moore Judith basin Mark Peterson Hill Rod Schaffer Powder River Rodney Tauck Carter Dennis Teske Prairie Herb Townsend Meagher Maureen Wicks Liberty Janet Wolff McCone Sandy Youngbauer Fergus Amy Adler Rosebud - Weed Coord. Harold Blattie MACo Executive Director Community, Economic Development & Labor Committee Name County Joe Briggs - Chair Cascade Nicole Borner - Vice Chair Musselshell Dan Allhands Madison John Carnahan Phillips Mark Crago Stillwater Bill Everett Anaconda-Deer Lodge Mary Ann Harwood Toole Gary Macdonald Roosevelt Ron Ostberg Teton Teddy Robertson Garfield Don Seifert Gallatin Kevin Krausz Custer Nicole Rowley Missoula Pam Holmquist Flathead Darold Zimmer Powder River Sarah Converse Cascade - MEDA Shantil Siaperas MACo Leg. Analyst & Communication Specialist Conference Planning Committee Name County Andy Hunthausen - Chair Lewis & Clark Joe Skinner - Vice Chair Gallatin Robyn Driscoll - Host 2023 Yellowstone Todd Devlin Prairie Bill Barron - Host 2021 Lake Jim Hart Madison Maureen Davey Stillwater Susie Mosness Sweet Grass Jean Curtiss - Host 2018 & 2024 Missoula Joe Briggs - Host 2019 Cascade Conference Planning Committee - Cont. Harold Blattie MACo Executive Director Sheryl Wood MACo Associate Director Karen Houston MACo Meeting Planner Energy Committee Name County Doug Martens - Chair Rosebud Richard Moe - Vice Chair Wheatland Tom Bennett Wheatland Mike Delger Broadwater Robyn Driscoll Yellowstone John Fahlgren Valley Bob Faw Sweet Grass Robert Goffena Musselshell Shane Gorder Richland Don Hajenga Judith Basin Duane Mitchell Richland James Moos McCone Denis Pitman Yellowstone John Prinkki Carbon Dale Seifert Pondera Morris Spannagel Treasure William Wallace Sweet Grass Dennis Zander Dawson Harold Blattie MACo Executive Director Health & Human Services Committee Name County Carl Seilstad - Chair Fergus Deb Brandon - Vice Chair Toole Deanna Bockness Prairie Gale Decker Lake Sidney Fitzpatrick Big Horn Jim Hart Madison Janice Hoppes Pondera Andy Hunthausen Lewis & Clark Susie Mosness Sweet Grass Bob Mullen Jefferson Bill Slaughter Granite Bruce Peterson Valley Sheryl Wood MACo Associate Director Justice & Public Safety Committee Name County Laura Obert - Chair Broadwater Kevin Krausz - Vice Chair Custer Bill Barron Lake Jerry Bennett Lincoln Mike Cole Lincoln Garth Haugland Beaverhead Chris Hoffman Ravalli Laurie Johnston Mineral Ed Joiner Rosebud Daren Schuster Chouteau Dennis Shupak Stillwater MACo News Volume 46, Number 1 January

4 MACo Committee List Justice & Public Safety Committee - Cont. Duane Simons Mineral Alan Stempel McCone Terry Vermeire Anaconda-Deer Lodge Leo Gallagher Lewis & Clark Brian Gootkin Gallatin Curt Petrik Sheridan Sheryl Wood MACo Associate Dir. Land Use & Development Committee Name County Joe Skinner - Chair Gallatin Doug Buxbaum- Vice Chair Dawson Bill Berg Park Tommy Billing Garfield Jeff Burrows Ravalli Steve Gates Anaconda-Deer Lodge Kevin Hart Anaconda-Deer Lodge Gary Krueger Flathead Charles Kulbeck Blaine Diane McLean Hill Ron Nye Madison Gordon Oelkers Roosevelt Doug Schallenberger Ravalli Jason Strouf Custer Pam Converse Pondera - Weed Coord. Tara DePuy MACo PCT Harold Blattie MACo Executive Director Public Lands Committee Name County Greg Chilcott - Chair Ravalli Chris King - Vice Chair Petroleum Dean Blomquist Golden Valley Carol Brooker Sanders Mike Cole Lincoln Jim Courtney Carter Todd Devlin Prairie Jim Hodgskiss Teton Craig Iverson Petroleum Laurie Johnston Mineral Chris King Petroleum Cory Kirsch Jefferson Bob Lee Rosebud Ralph Rem Mannix Powell Mike McGinley Beaverhead Phil Mitchell Flathead Mark Peck Lincoln Dan Sager Powell Jane Weber Cascade Mike Wendland Hill Jack Eddie Beaverhead - Weed Coord. Harold Blattie MACo Executive Director Resolutions & Legislative Committee Name County Jean Curtiss - Chair Missoula Susan Good-Geise - Vice Chair Lewis & Clark Bill Barron Lake Joe Briggs Cascade Greg Chilcott Ravalli Maureen Davey Stillwater Todd Devlin Prairie Jim Hart Madison Larry Hendrickson Liberty Andy Hunthausen Lewis & Clark Mike McGinley Beaverhead Doug Martens Rosebud Laura Obert Broadwater Carl Seilstad Fergus Joe Skinner Gallatin John Ostlund Yellowstone Harold Blattie MACo Executive Director Sheryl Wood MACo Associate Director Shantil Siaperas MACo Leg. Analyst & Communication Specialist Tax, Budget & Finance Committee Name County Mike McGinley - Chair Beaverhead Bill Nyby Vice Chair Sheridan Bill Barron Lake Ross Butcher Fergus Maureen Davey Stillwater Todd Devlin Prairie Ray Hawk Ravalli Bob Lee Rosebud Bob Mullen Jefferson Jim Hart Madison Andy Hunthausen Lewis & Clark Harold Blattie MACo Executive Director Sheryl Wood MACo Associate Director Kathy Johnson MACo Finance Director Transportation Committee Name County John Ostlund - Chair Yellowstone Richard Dunbar - Vice Chair Phillips Steve Baldwin Fallon Tom Berry Musselshell Tony Cox Sanders Frank DePriest Blaine Donna Giacometto Powder River John Grewell Carbon Joseph Pehan Toole George Real Bird III Big Horn Clay Riehl Chouteau Dave Strohmaier Missoula Karen Laitala Powell - Weed Coord. John Anderson Fergus - MACRS Rep.. Dana Rauser Broadwater - MACRS Rep. Harold Blattie MACo Executive Director` 4 MACo News Volume 46, Number 1 January 2017

5 MACo Committee Appointments Committees are essential to our Association s operation, as they represent the interests of the members and serve to guide the operations of the Association. MACo has 11 Committees that meet a minimum of twice a year, at the Annual and Midwinter conferences. Annually, the MACo President appoints committee members based on interest of the membership. President Devlin, along with the assistance of the MACo Executive Committee and others, completed the appointments to MACo Committees. These appointments were based on requests from the membership as indicated on the biography form. You should have already received your committee appointments in the mail. If you were not appointed as a member of a committee, you are welcome and encouraged to attend and participate in all committee meetings DIRECTORY OF MONTANA COUNTY OFFICIALS Available February The 2017 edition of the Directory of Montana County Officials will be available February This little book is a MUST HAVE! There are significant changes and updates in this years directory You may pre-order your directory by going to our website: Price remains the same at $15.00 MACo News Volume 46, Number 1 January

6 Robert s Rules of Order: Ten Myths about Parliamentary Procedure Thousands of meetings occur every day, many claiming to follow Robert s Rules of Order when transacting business. How is it we know so little about this book that s so essential to meetings? In this guide are ten well-known facts about Robert s Rules of Order. But as Mark Twain warned, It ain t what you don t know that gets you into trouble. It s what you know for sure that just ain t so. Myth #1: Parliamentary Procedure Doesn t Matter Most organizations dictate that a certain parliamentary book will be followed when transacting business. State laws often require that certain groups (governmental bodies, homeowner and condominium associations, nonprofits) follow specific rules or even Robert s Rules during meetings. Ignoring or incorrectly applying these procedures can lead to embarrassment, hard feelings, and even lawsuits. MACo News should be like clothes they should fit the organization they are meant to serve. Most parliamentary manuals provide that board meetings and membership meetings are conducted differently. Large meetings must be fairly formal. However, formality can hinder business in smaller bodies. As a result, Robert s recommends less formal rules for small boards and committees that include: No seconds to motions. No limits on debate. The chair can debate and vote. Smaller boards that dislike this informality may wish to follow more formal procedures. Even informal boards may choose to be more formal on important or controversial matters. Myth #4: Seconds Always Matter A second to a motion implies that at least one other person wants to discuss the motion. If there is no second, there should be no further action on the proposal, so seconds have their place. However, after any debate on an issue, the lack of a second is irrelevant. Seconds from the floor aren t even required in smaller boards or on motions from committees. Myth #2: Any Robert s Will Do There are lots of books with Robert s Rules in the title. However, most of these books are earlier editions of Robert s or knock-offs. There s only one official Robert s Rules. The current book is Robert s Rules of Order Newly Revised (11th Edition), published in If you follow the latest edition of Robert s, this is your book. Each new edition brings changes to procedure (the 11th Edition has 120 listed changes.) Myth #3: Rules Are the Same for All Meetings Rules aren t one-size-fits all. Problems are common when large meetings behave too informally or small meetings behave too formally. Rules 6 Myth #5: Debate and a Formal Vote Are Required Many noncontroversial matters can be resolved without debate through general or unanimous consent. Using this method, the presiding officer asks, Is there any objection to? For example, Is there any objection to ending debate? If no one objects, you re done. Debate is closed. If a member objects, the matter is resolved with a motion and vote. Unanimous consent allows an assembly to move quickly through non-contested issues. Myth #6: The Maker of a Motion Gets to Speak First and Last The maker of a motion has the right to speak first to a proposal. Continued on page 6... MACo News Volume 46, Number 1 January 2017

7 Robert s Rules of Order: Continued from page 5... After that, the maker has no more rights to speak than other members. In fact, the maker cannot speak a second time unless everyone else who wishes to speak to the issue has had a chance. Myth #7: Old Business Opening up the floor to Old Business is not proper parliamentary procedure, and should never be done. First, Old Business is not a parliamentary term; second, it suggests a revisiting of any old thing ever discussed. The correct term to use is Unfinished Business, which makes clear that you are referring to specific items carried over from the previous meeting. A presiding officer never needs to ask, Is there any Unfinished Business? but simply states the question on the first item. Annual meetings generally have no unfinished business. Myth #8: Yelling Out Question! Stops Debate The Previous Question (or motion to close debate) is often handled wrong. Shouting Question! from the back of the room is not only bad form, it s ineffective. The motion to close debate is just another motion. A member wanting to close debate must be recognized by the chair. The Previous Question requires a second and a two-thirds vote. Only the assembly decides when to end debate. Myth #9: Lay on the Table Kills Sticky Issues The motion to Lay on the Table temporarily delays a matter when some other urgent issue has arisen. Once the urgent matter is over, the group can resume the tabled matter. Because the motion to Table is undebatable and only requires a majority vote, it should not be used to get rid of a matter. Robert s provides that the motion is out of order if the intent is to kill or MACo News avoid dealing with a measure. Myth #10: The Chair Rules the Meeting The chair is the servant of the assembly, not its master. Put another way, the chair can only get away with what the assembly allows. If the rules of the assembly are being violated, any member can raise a Point of Order. Once the chair rules on the Point of Order, a member can Appeal from the decision of the chair. If seconded, the Appeal takes the parliamentary question away from the chair and gives it to the assembly. The assembly is the ultimate decider of all procedural issues. If you lead or attend meetings that conduct business, you should learn at least the basics of Robert s Rules of parliamentary procedure. The benefits of a well-run meeting go beyond legal concerns. Proper procedure can turn long, confrontational meetings into short, painless ones. Eliminating these myths and educating your membership will bring your meetings more in line with proper procedure and result in shorter, more effective meetings. Have a great meeting! By: Jim Slaughter, author of The Complete Idiot s Guide to Parliamentary Procedure Fast-Track MACo Conferences 2017 Midwinter Conference February Radisson Colonial Hotel, Helena 2017 Annual Conference September Best Western Plus GranTree Inn, Bozeman MACo News Volume 46, Number 1 January

8 Beaverhead County Commissioner Garth L. Haugland Resigns Below is a letter from Garth that the Beaverhead County Commissioners would like to share with you: December 27, 2016 Garth L. Haugland 4565 Hwy 41 Dillon, MT Residents of Beaverhead County: It s with regret that I m writing to inform you of my decision to resign the position as your Beaverhead County Commissioner District #3 effective December 31st. This wasn t an easy decision as I think of the County as my 2nd home. My health issues have become too great for me to be able to fulfill the requirements and obligations of the position. I feel it s best for me to make room for someone with the time and energy to devote to this job. It s been an honor and privilege to serve and work with all of you these past 22 years. I wish you all well and thank you. Sincerely, Garth L. Haugland Note: If anyone would like to send cards his address is: Renaissance Senior Care C/O Garth Haugland 1025 E. Center Street Dillon, MT MACo News Volume 46, Number 1 January 2017

9 *2017* MACo News Montana s minimum wage increases to $8.15/hour Mileage reimbursement rate for auto is at 53.5 cents per mile, down from 54 cents. This rate applies for the first 1,000 in a calendar month. Miles over that are reimbursed at 3 cents less. MACo News Volume 46, Number 1 January

10 Brian's General Law Update By Brian Hopkins, MACo General Counsel New Federal Overtime Rules on Hold On November 22, a Texas District Court Judge issued a nationwide temporary injunction blocking the U.S. Department of Labor and Industry from implementing new overtime pay rules which had been scheduled to take effect on December 1, The injunction resulted from a lawsuit filed by 21 States and many business groups that challenged the new overtime pay rules which had been enacted in May The new rules were passed to amend the Fair Labor Standards Act and were discussed in detail in this column in the June 2016 MACo newsletter. As that article explained, the rules increased the salary threshold requirement for exempt employees from $23,660 per year to $47,476 per year. In other words, for an employee to be exempt from the requirement that the County provide overtime pay for work in excess of 40 hours per week, the employee must perform exempt duties (professional, executive, or administrative) as those terms are defined under the FLSA, and the employee must also be paid over $47,476 per year. For the duration of the nationwide temporary injunction, a full-time or part-time employee who performs exempt duties and makes over $23,660 per year does not need to be paid overtime. Counties which set their FY 17 budgets based on this new requirement may find that there are some savings in personnel line items. However, given the transition at the highest level of the federal government, it is very difficult to predict the final decision on the rule, so stay tuned for further information in this column. 10 MACo News Volume 46, Number 1 January 2017

11 MACo HCT News Employers & Health Coverage Providers: You Have More Time in 2017 to Provide Information Forms to Covered Individuals The IRS extended the 2017 due date for employers and coverage providers to furnish information statements to individuals. The due dates to file those returns with the IRS are not extended. This chart can help you understand the upcoming deadlines. For the purposes of ACA reporting, all MACoHCT Fully-Pooled Member Counties are considered by the IRS to be Self- Insured. Action 2017 Reporting Due Dates for Applicable Large Employers Self-insured Employers That Including Those That Are Self- Are Not Applicable Large Employers Insured Coverage Providers other than Self-Insured Applicable Large Employers* Provide 1095-B to responsible individuals Not Applicable** Mar. 2 Mar. 2 File 1094-B and 1095-B with the IRS Not Applicable** Paper: Feb. 28 E-file: Mar. 31* Paper: Feb. 28 E-file: Mar. 31* Provide 1095-C to fulltime employees Mar. 2 Not Applicable Not Applicable File 1095-C and 1094-C with the IRS Paper: Feb. 28 E-file: Mar. 31* Not Applicable Not Applicable * If you file 250 or more Forms 1095-B or Forms 1095-C, you must electronically file them with the IRS. Electronically filing ACA information returns requires an application process separate from other electronic filing systems. Additional information about electronic filing of ACA Information Returns is on the Affordable Care Act Information Reporting (AIR) Program page on IRS.gov and in Publications 5164 and ** Applicable large employers that provide employer-sponsored self-insured health coverage to non-employees may use either Forms 1095-B or Form 1095-C to report coverage for those individuals and other family members. This chart applies only for reporting in 2017 for coverage in See IRS Notice for more information. IT S ALL ABOUT TRUST MACo News Volume 46, Number 1 January

12 Roman Zylawy retiring from Montana Highway Patrol after 26 years in Mineral County Source: Missoulian A highway patrolman pulled up to Alberton School one day in 1975 to give a safety spiel to its youngest students. On the playground a fifth grader spotted the spiffy uniform and the shiny patrol car and ran to the fence. Some day, the boy called to trooper Rick Seemann, I m going to be a highway patrolman, too. Roman Zylawy was good for his word. Fifteen years later a 26-year-old Zylawy was Seemann s partner in Superior, wearing his own smart Montana Highway Patrol uniform, driving his own shiny car, the two of them trading shifts as the lone patrols of Interstate 90 in Mineral County up to Lookout Pass. That was in December 1990, after Zylawy had cut his patrol teeth with short stints in Shelby and Missoula. On December 28, 2016, Sgt. Zylawy drove to Helena and turned in his badge, his patrol car and, yes, that proud uniform. At 52, Zylawy has spent the last half of his life working the 75 miles of treacherous interstate in Mineral County, where the population edged above 4,000 for the first time just six years ago. By coincidence, 2010 was the year Zylawy, one of the most familiar names in these parts, took the plunge into local politics when he ran successfully for county commissioner. A Republican, he was elected to a second six-year term this November, winning handily against independent candidate Mike Curtin with nearly 70 percent of the vote. Zylawy announced his resolve to retire from his state job, contingent upon re-election, at a heated commission meeting in June during the first week of a contentious strike by sheriff s office workers. He did it in response to criticism that while the county was busy fighting a proposed raise for 16 deputies, dispatchers and detention officers it said it couldn t afford, Zylawy enjoyed the fruits and benefits of a full-time job. But it was no spur-of-the-moment decision. When I ran for commissioner (in 2010) I kind of thought in my head that if I get re-elected then maybe I d better decide to put more time into one or the other instead of trying to do both, Zylawy said last week. It's a part-time job with Mineral County, but if the people voted me back in I thought I owed it to them to be there more and have all the time in the world to dedicate to that. In all, he ll have 28½ years in his dream job with the highway patrol. Zylawy is leaving the MHP with a multitude of memories. oulian The best part was helping people change a flat tire, helping them on a crash scene, making sure the family got reunited at the hospital, making sure the tow trucks got there and people knew where their car was going all that stuff, Zylawy said. Here s this job that No. 1, pays me to drive, and pays me to help people. I mean, talk about the best job for me ever. 12 MACo News Volume 46, Number 1 January 2017

13 MACo News Volume 46, Number 1 January

14 Emelia s Safety Corner Safety tip of the Month The White Stuff Can Kill According to the Federal Highway Administration, 70 percent of the nation s roads are in snowy regions. That includes anywhere that receives more than five inches of snowfall each year, on average. In addition, 70 percent of the accidental deaths that occur in the wintertime happen in automobiles. Sad statistics from safewinterroads.org reports over 1,300 people are killed and more than 116,800 people are injured in vehicle crashes on snowy, slushy or icy pavement annually. In Montana, blizzards can hit almost anywhere, but are especially common in the Eastern Montana and North Eastern Montana Blizzards deserve the same respect that we would pay a tornado. Many of us who hear of a blizzard warning will carry on as if there weren t any danger, but blizzards warrant preparation and caution. The combination of snow, strong winds, cold temperatures and reduced visibility (due to the blowing snow) can be deadly. One winter when I was driving I-15, my carpool and I were driving home in a blizzard. When we came across a man who had lost control of his vehicle. He had been there at least two hours. There was very little traffic, so he was happy to see us. The man was dressed in summer loafers, dress pants and a light fall jacket. He had no mitts, shovel, or any other type of survival gear, and was almost out of gas. Obviously, this man was not prepared for what could have become a life-threatening situation. Here are a few recommended precautions for driving in Montana winter: Don t travel in a blizzard unless it s necessary. If you must travel, call the local authorities to see what condition the roads you are planning to travel are in. Monitor conditions on the radio. Always travel with a full tank of gas, extra warm clothes including winter boots, mitts and a sleeping bag. Also, carry a shovel, tire chains, road flares, a bag of sand, an emergency food pack, booster cables, matches and a lighter, a candle, a flashlight, a fire extinguisher, and a hatchet or axe. If you get stuck in a blizzard, stay in your car, run it for 10 minutes with the heater on then shut it off. You don t want to waste gas. Make sure you keep the exhaust pipe clear of snow and keep a window open on the leeward (downwind) side of the vehicle. This will help ventilation and reduce the chance of carbon monoxide poisoning. Be prepared to build a snow shelter if ever you run out of gas and are stranded in a blizzard. At temperatures approaching -30 C a candle just won t give you enough warmth to survive if you re in a vehicle made of two tons of steel and glass. Your vehicle will quickly turn into one large icebox. Not planning to travel? It s still a good idea to blizzard-proof your home or workplace. Stock up on necessities - fuel, oil, food, medications, diapers for the kids, milk - whatever you need to make sure everyone is fed, safe and warm until the danger passes. 14 MACo News Volume 46, Number 1 January 2017

15 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 (800) , Ext Avoiding the Pitfalls in the AIA Contract Beware of 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. Example 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! The architect does bad design work for the drainage around a building addition. During construction, water backs up and infiltrates the existing building causing $300,000 of damage to equipment, including computers and furniture. In this scenario, if you signed the standard AIA documents without editing, then your school district is 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 your school district had to bring in modular classrooms on a temporary basis while your building is being repaired, there would be no recovery for those 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 will not be able to recover them from anyone. Continued on page We are a leader in providing Risk Management solutions to Public Entity and Scholastic organizations. We provide: First Dollar or Deductible Programs Pools, Captives, or Risk Retention Groups Large or small, we ll be your partner in providing Risk Management services for your Public Entity. Please contact Richard Terlecki or Mary Albee at (800) for more information. MACo News Volume 46, Number 1 January

16 Are these outcome fair? MACo News Avoiding the Pitfalls in the AIA Contract Continued from page No. It is you, as the owner of the project, who is exposed to property and consequential losses when things go bad on a construction project. The architects 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 is 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. 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 subrogation waiver at paragraph It should be deleted. Also, in AIA Document B104, you will find the waiver of consequential damages at paragraph This paragraph 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 This section should be deleted. Furthermore, in AIA Document A201, you will find the waiver of consequential damages at Article 15, Section This section should be deleted as well. Before you sign any more of these standard agreements, please ask your legal counsel to do a comprehensive review of the standard forms to make certain you do not put your school district at a disadvantage when claims arise. Feel free to pass this memo along to your legal counsel as a starting point. You can anticipate that you will get resistance. That is why it is important you edit the AIA documents right from the start. 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. A special thank you to Lou Greco for sharing the above observations. lou@lgrecolaw.com We are a leader in providing Risk Management solutions to Public Entity and Scholastic organizations. We provide: First Dollar or Deductible Programs Pools, Captives, or Risk Retention Groups Large or small, we ll be your partner in providing Risk Management services for your Public Entity. Please contact Richard Terlecki or Mary Albee at (800) for more information. 16 MACo News Volume 46, Number 1 January 2017

17 Dan Gutebier Park County Commissioner MACo News Dan Gutebier, 62, of Livingston, MT passed away Friday, December 2nd, 2016 at the Billings Clinic Hospital with his family at his side. After recovering from a successful Bone Marrow Transplant, Dan experienced complications which ultimately took his life. Daniel Boyd Gutebier, the son of Boyd and Charmayne Gutebier, was born on January 9th, 1954 in Salmon, ID. The family initially lived in Challis, ID where Dan began schooling and then settled in Deerlodge, MT. He was a graduate of the Powell County High School Class of It was here that Dan was lucky enough to have found his one true love and on July 14th, 1973, Dan was united in marriage to Kathryn Marie Best. Dan and Kathy began their lives together in Terry, MT where he was first stationed as a Montana Highway Patrolman. It was here that Dan and Kathy were blessed with three daughters; Jennifer, Erin and Lynde. In 1981 the family moved to Livingston where Dan completed 18 years of Highway Patrolman service. Dan was a man of service to others in his profession; this was also evident in his civic involvements. He served Park County as a Commissioner, Chairman of the School Board, President of the Livingston Baseball Association and was a Rotary Club member. He most recently worked at Levitt Insurance in Livingston before retiring in Dan was a man of strong morals and lived life with enthusiasm for each day. He was organized, hardworking and diligent and was ever-present in his family's lives. He coached his children, attended every sporting event and was their biggest fan. Dan enjoyed vacationing with his family, camping, hiking, boating and spending time at the beach. Blessed be his memory. MACo News Volume 46, Number 1 January

18 Commissioner Profile Tom Kuka Pondera County Thanks for this opportunity to introduce myself. I was born and raised just west of Valier. I graduated from Valier High School. Linda and I were married later that year and over the coarse of time we had three children. The oldest is Melissa, then Mindy and last is Nick. All three have since grown up and left home. We are lucky to have Mindy s family living in Valier. Melissa s family is in Manhattan and Nick lives in Anchorage Alaska. For five years Linda and I lived in Conrad. Then in August of 1983, I excepted a Deputy Sheriff s position as the resident Deputy in Valier. A few years later I was promoted to Chief Deputy. In December 2002, I was appointed Undersheriff and when the Sheriff retired I ran for and was elected Sheriff in November After over thirty one years working here I decided it was time for a change and ran for Pondera County Commissioner. I was elected to this position in November Just changing careers was a big challenge and the last two years have been a great learning experience for me. I have always enjoyed learning about history. Two people I would like to have dinner with would be Lewis and Clark. Their expedition would have been an amazing challenge and I am certain that not all events were recorded in their journals. The things they saw and what they learned going west must have been incredible. My favorite TV programs are all on the outdoor channels. Almost anything hunting and fishing has to be good. I enjoy these activities with my family and grew up doing them as well. The person who had the biggest influence in my life would be my Dad. He raise us all to have respect for all things important, like family and friends. You make sure you get all your work done so you have time to recreate or do other things of interest. He works hard for his family and serves his community as well. I remember complaining of taxes once he said if you want services such as fire department or ambulance service you need to pay taxes, and show those people your support. He is most definitely the reason I am were I am today. If I would have had it may way I would have been a cowboy all my life. Thanks again, Happy New Year! Tom Kuka I would just like to say a BIG Thank you To all of the County Commissioners that take the time to participate in doing the Commissioner Profile in the MACo Newsletter. It is so very much appreciated! Happy New Year! Sharon Wilson, MACo Administrative Assistant 18 MACo News Volume 46, Number 1 January 2017

19 March 2, 12:00 PM - 1:15 PM MST (General Audience) NACo Webinars January 18, 12:00 PM - 1:30 PM MST (General Audience) NEOW: Newly Elected Official Webinar Designed specifically for newly elected officials, this webinar will give you an overview of legislative, leadership and solutions that will be valuable to you from day one. Hear from fellow officials about their perceptions with plenty of time for Q & A. January 25, 12:00 PM - 1:15 PM MST (General Audience) Stepping Up Network Call: Introduction to the Network and Making the Six Questions Work for You Join the Stepping Up partners for the first Stepping Up Network Technical Assistance Call. On this call, counties will hear about the purpose and goals of the Stepping Up Network and how it can be a useful tool for their efforts. Counties will then engage in a facilitated discussion on the Six Questions document and how the planning process described in that report has been or could be beneficial to them in their Stepping Up efforts. Counties are encouraged to sign on and join the conversation! Please be sure to participate in or review the Introduction to the Six Questions County Leaders Need to Ask " webinar on February 2 prior to joining the call. Leadership Development: Instrument Training for Integrity Pilots This module will be an exciting culmination to the series and a review of its principles. The term instrument training is used to highlight the role of procedures and skills to navigate the foggy skies of decision-making. February 2, 12:00 PM - 1:15 PM MST (General Audience) Stepping Up: Introduction to the Six Question County Leaders Need to Ask Join the Stepping Up partners for an introduction to the newly released report, Reducing the Number of People with Mental Illnesses in Jail: Six Questions County Leaders Need to Ask ( Six Questions ). On this webinar, the first in the 2017 Stepping Up webinar series, a national expert from the Council of State Governments Justice Center will provide an overview of the Six Questions and Four Key Measures of Success and will describe how the strategies provided within the report can assist counties in their Stepping Up efforts. Then, county officials will share how they have been using the Six Questions in their own communities to help further their initiatives efforts to reduce mental illness in their jails. MACo News Volume 46, Number 1 January

20 20 MACo News Volume 46, Number 1 January 2017

21 News Release BLM Finalizes Rule to Make Land Use Plans More Responsive to Community Needs Rule reinforces BLM s relationship with tribes, state and local governments, and the public The Bureau of Land Management (BLM) issued an updated rule that will make its land use planning more accessible to the public, more responsive to the changing conditions on the public lands, and more efficient. The BLM developed this rule through years of work with state and local governments, cooperators, communities, stakeholders, and the public at large. The rule updates regulations that are more than 30 years old, provides additional and more robust opportunities for input into the agency s planning process, and ensures that science is a cornerstone of the BLM s planning work. The BLM launched this effort after hearing from stakeholders that the current planning process is too slow and cumbersome. Planning is the cornerstone of managing our nation s public lands and balancing their many uses and values, said Assistant Secretary for Land and Minerals Management Janice Schneider. Allowing additional opportunities for public engagement will improve responsiveness at the local level and help address the challenges of managing public lands in the 21 st century. The BLM manages 10 percent of the nation s land and 30 percent of its subsurface minerals. Federal law requires the BLM to develop land use plans, which are essential tools for balancing the many competing uses and values of the nation s public lands. Under the current system, it takes an average of eight years for the BLM to finish a land use plan. Too often, by the time we ve completed a plan, community priorities have evolved and conditions on the ground have changed as well, said BLM Director Neil Kornze. This update to our planning rule allows for a more streamlined process that also increases collaboration and transparency. The final rule recognizes the vital partnerships that exist between the BLM and tribal, state, and local governments by providing special opportunities for cooperation and collaboration. The rule also enhances the consistency between the BLM s land use plans and the plans of other governments. The rule creates a new, up front process to gather data and hear concerns from all parties, and gives the public access to early draft plans. The agency anticipates that this early engagement will help make planning efforts significantly more efficient. The rule also continues to support the use of high quality information, including the best available science. This information will be critical as the agency works to address the major challenges facing our nation s public lands, including increasingly severe droughts and wildfires, the planning and development of clean energy sources, and changing conditions for key wildlife species like sage grouse. This year is the 40 th anniversary of the Federal Land Policy and Management Act, which directed the BLM to develop land use plans for all of the areas under its care. Using the critical lessons learned from those decades of planning work and close collaboration with communities and partners across the country, this rule will lead to ever-better stewardship of the places that the BLM has the privilege of managing. The final Planning 2.0 rule can be accessed at MACo News Volume 46, Number 1 January

22 News Release BLM Announces Call for Nominations To Wild Horse and Burro Advisory Board The Bureau of Land Management issued a call for public nominations to fill three positions on its national Wild Horse and Burro Advisory Board. To be considered for selection, nominations must be received via by February 10, 2017, or postmarked by that date. The BLM published its request for nominations in the Federal Register. Nominations are for a term of three years and are needed to represent the following categories of interest: public interest (equine behavior), wild horse and burro research, and natural resource management. The Advisory Board advises the BLM, an agency of the Department of the Interior, and the U.S. Forest Service, an agency of the Department of Agriculture, on the protection and management of wild free-roaming horses and burros on public lands administered by those agencies. The Board generally meets twice a year and the BLM s Designated Federal Official may call additional meetings when necessary. Members serve without salary, but are reimbursed for travel and per diem expenses according to government travel regulations. The Advisory Board consists of nine members who represent a balance of interests. Each member has knowledge or special expertise that qualifies him or her to provide advice in one of the following categories: wild horse and burro advocacy; wild horse and burro research; veterinary medicine; natural resources management; humane advocacy; wildlife management; livestock management; public interest (with special knowledge of equine behavior); and public interest (with special knowledge of protection of wild horses and burros, management of wildlife, animal husbandry, or natural resource management). Individuals shall qualify to serve on the Board because of their education, training, or experience that enables them to give informed and objective advice regarding the interest they represent. They should demonstrate experience or knowledge of the area of their expertise and a commitment to collaborate in seeking solutions to resource management issues. Any individual or organization may nominate one or more persons to serve on the Advisory Board; individuals may also nominate themselves. In accordance with Section 7 of the Wild Free-Roaming Horses and Burros Act, Federal and state government employees are not eligible to serve on the Board. For those interested, please submit a nomination letter and full resume. The following information must be provided: the position(s) for which the nominee wants to be considered; the nominee s first, middle, and last name; business and home addresses and phone numbers; address; present occupation/title and employer; education (colleges, degrees, major field(s) of study); career highlights; qualifications: relevant education, training, and experience; experience or knowledge of wild horse and burro management; experience or knowledge of horses or burros (equine health, training, and management); and experience in working with disparate groups to achieve collaborative solutions. Applicants must also indicate any BLM permits, leases, or licenses held by the nominee or his/her employer; indicate whether the nominee is a federally registered lobbyist; and explain why the nominee wants to serve on the Board. Also, at least one letter of reference from special interests or organizations the nominee may represent must be provided. Nominations may be submitted by or regular mail. the nomination to dboothe@blm.gov. To send by U.S. Postal Service, mail to the National Wild Horse and Burro Program, Department of the Interior, Bureau of Land Management, 1849 C Street, N.W., Room 2134 LM, Attn: Dorothea Boothe, WO-260, Washington, DC To send by FedEx or UPS, please mail to the National Wild Horse and Burro Program, Department of the Interior, Bureau of Land Management, 20 M Street, S.E., Room 2134 LM, Attn: Dorothea Boothe, Washington, DC For questions, please call Ms. Boothe at MACo News Volume 46, Number 1 January 2017

23 January th Legislative Session Convenes 26 HCT Trustees Meeting - MACo Conference Room February MACo Board of Directors Meeting - Radisson Colonial Hotel - Helena MACo Midwinter Conference - Radisson Colonial Hotel - Helena Board of Directors EXECUTIVE COMMITTEE President Todd Devlin, Prairie County 1st Vice President Bill Barron, Lake County 2nd Vice President Jim Hart, Madison County Fiscal Officer Mike McGinley, Beaverhead County Urban Representative Andy Hunthausen, Lewis & Clark County Immediate Past President Maureen Davey, Stillwater County PAST PRESIDENTS Joe Briggs, Cascade County Greg Chilcott, Ravalli County John Ostlund, Yellowstone County Carl Seilstad, Fergus County Mike McGinley, Beaverhead County John Prinkki, Carbon County Carol Brooker, Sanders County Bob Mullen, Jefferson County DISTRICT CHAIRS 1. Gary Macdonald, Roosevelt County 2. Shane Gorder, Richland County 3 Bob Lee, Rosebud County 4. Larry Hendrickson, Liberty County 5. Ron Ostberg, Teton County 6. Richard Moe, Wheatland County 7. Susie Mosness, Sweet Grass County 8. Susan Good Geise, Lewis & Clark County 9. Steve White, Gallatin County 10. Tony Cox, Sanders County 11. Jeff Burrows, Ravalli County 12. Tom Rice, Beaverhead County ELECTED OFFICIALS ASSOCIATION REPS County Attorneys - Leo Gallagher, Lewis & Clark County Clerk & Recorders - Regina Plettenberg, Ravalli County Clerks of Court - Valerie Hornsveld, Broadwater County; Elizabeth T. Ball-Mavity, Rosebud County Magistrates - Linda Cantin, Park County School Superintendents - Susan Beley, Wheatland County Sheriffs & Peace Officers - Brian Gootkin, Gallatin County Treasurers - Jamie Bailey, Cascade County MACo News Calendar of Events Please go to for more detailed information MACo STAFF Harold Blattie, Executive Director Sheryl Wood, Associate Director Eric Bryson, Assistant Director Kathy Johnson, Finance Director Sara McGowan, Accounting Technician Karen Houston, Meeting Planner Shantil Siaperas, Legislative Analyst & Communications Specialist Sharon Wilson, Administrative Assistant Jerry Spears, Trust Operations Director Shannon Shanholtzer, PCT/WCT Administrator Jonathon Siaperas, PCT/WCT Member Services Representative Emelia McEwen, Senior Loss Control Specialist Jim Muskovich, Loss Control Specialist Bonnie Knopf, Claims Data Specialist Brian Hopkins, General Counsel Carol Knight, Legal Assistant Gregory Bonilla, Managing Defense Counsel Maureen Lennon, Defense Counsel Mitch Young, Defense Counsel Kimberly Potter, Legal Assistant Jodi Bell, Defense Services Office Coordinator Wendy Sesselman, WCT Claims Supervisor Christine Holling, WCT Senior Claims Adjuster Carol Gleed, WCT Claims Adjuster David Payne, PCT Senior Claims Adjuster Debbie Bjerke, PCT Claims Adjuster Karyn Shirilla, Claims Support Specialist Alyce Bailey, HCT Administrator Laurie Goltry, HCT Program Coordinator Pam Walling, HCT Marketing Coordinator Shelley Murphy, HCT Marketing Coordinator Taylaur Nordhagen, HCT Wellness Coordinator Deanna Carpenter, HCT Admin./Enrollment Asst. Tom Beneventi, Facilities Director MACSS Conference Montana Association of County School Superintendents February 14-16, 2017 Great Northern Hotel, Helena MACRS Annual Spring Conference Save the Date March 27-30, Great Falls, MT ASSOCIATE MEMBERS Diamond Member Arthur Gallagher Risk Management Services MT Dept. of Commerce Silver Members Nationwide Retirement Solutions NorthWestern Energy Bronze Members AT & T Morrison-Maierle Ameresco, Inc. WGM Group Dorsey & Whitney McKinstry Simplifile Territorial Landworks, Inc. Copper Member MDU Resources MT Newspaper Association AFFILIATE MEMBER Montana Association of County Road Supervisors (MACRS) Thank you to our Members! For information on how to become an Associate Member, visit our website at or call Directory of Montana County Officials Coming in February MACo NEWS Ph: Fax: maco@mtcounties.org MACo News Volume 46, Number 1 January