BROADWATER COUNTY

BROADWATER COUNTY

LOCAL GOVERNMENT

STUDY COMMISSION

FINAL REPORT

AUGUST 18, 2006

FINAL REPORT

TABLE OF Contents

I. LETTER TO THE CITIZENS OF BROADWATER COUNTY

II. SUMMARY OF RECOMMENDATIONS

A. Findings of the Study Commission

B. Key Provisions of the Proposed Form

1. Self-government Powers

2. County Administrator

III. COMPARISON OF EXISTING FORM OF GOVERNMENT AND PROPOSED FORM OF GOVERNMENT

A. Existing Form - Description of General Characteristics

B. Proposed Form - Description of General Characteristics

C. Comparison of Specific Characteristics

D. Recommendations and Reasons

IV. APPENDIX

Exhibit A: Certificate of plan of existing form of government

Exhibit B: Certificate of plan of revision of government

Exhibit C: Certificate of plan of revision of form of government

Exhibit D: Certificate establishing election date

Exhibit E: Certificate establishing form of the ballot

I. LETTER TO THE CITIZENS OF BROADWATER COUNTY

GOVERNMENT STUDY COMMISSION FINAL REPORT

To the Citizens of Broadwater County:

The Broadwater County Study Commission elected by the voters on November 8, or thereafter appointed presents this final report to the citizens of this county.

The purpose of the study commission, as defined in state law, is ''to study the existing form and powers of our county government and procedures for delivery of local government services and compare them with other forms available under the laws of the state". If some change is deemed necessary the study commission may submit such proposed change to the electors.

In the conduct of their review the study commission has sought advice and information from a number of people in the county. Opinions and recommendations were solicited from local government officials, community organizations and citizens. All meetings of the study commission were open to the public. Public hearings were held to determine citizen opinion.

As a result of discussions held with the people and groups mentioned the Broadwater County Study Commission has concluded that there is general consensus that the existing county commission form of government has served this county well since its organization in 1895.

However with the increasing population growth in the county, a consistent theme repeatedly was expressed by the citizens. A need for greater communications between departments and the citizens and a plan that details the priorities in the county with a time line repeatedly became the core critique.

Respectfully submitted,

______________________________

Broadwater County Study Commissioners

II. REPORT SUMMARY

The Broadwater County Government Study Commission having thoroughly studied our present form of county government and the alternative forms of government available to counties under state law and having studied the future governmental needs of the county, recommending the following:

1. Broadwater County should adopt effective January 1, 2008 the charter form of government with self-government powers (charter).

2. Creating the office of County Administrator.

A. Findings of the Study Commission

After an intensive study of almost two years, it is the decision of the study commission to recommend changes in the structure and power of county government that will provide a governmental framework to meet the changing needs of this county. Problem areas that were identified during the course of the study by discussion, public hearings, and testimony of public officials indicate that in exercising its traditional functions, county government lacks the authority it needs. If county government is to play a wider role it must have adequate legal authority to act; it must also have more control over its organizational structure so that it can act effectively and oversee the performance of county functions.

The ''traditional'' form of county government has existed in Broadwater County since the creation of the county in 1895, and is basically the same government as was originally described in the 1889 Constitution. The form still reflects its ''traditional'' role as an administrative arm of the state government in its organizational structure. Its duties are detailed in state law, and its authority to deal with local problems is limited.

The needs of the county, however, have changed since 1895. Population is increasing rapidly, population patterns are shifting, and citizen demands for services are rising. The population increase of 3% in the past 5 years is placing heavy new demands on county government to provide urban services such as roads, law enforcement, and refuse disposal. To effectively respond to these growing needs, county government must modify its structure and authority.

Other areas of concern also emerged during the course of the study which affected the study commission's choice of an alternative form. Citizen response, and testimony at the pubic hearings, indicated that citizens are concerned about communications not being effective at the local level, about the quality of services (especially roads), about the level of taxes, and about the lack of visioning and programmed deliverables in county government future.

These frustrations and expectations of citizens and local officials alike, in addition to the changing role of county government, and growing needs of the county, led the study commission to identify four basic goals:

Findings of the Study Commission (continued)

1. Government Visioning and Prioritizing;

2. Government that is responsive to citizens;

3. Local Control Over Local Problems;

4. A government structure that allows maximum participation by citizens;

In an attempt to achieve these goals, the study commission has recommended a commission form of government with self-government powers, and the hiring of a County Administrator.

B. Key Provisions of the Proposal

Self-Government Powers

Under the 1972 State Constitution, the potential power and authority of local government had been changed. Traditionally, the power over governmental concerns of the county has been the prerogative of the state legislature. The legislature decided what county government should do and how it should do it.

The new constitution provides that ''self-government powers'' can be adopted by counties along with an alternative form of government. The adoption of self-government powers would alter the traditional relationship between the state and the county. Certain areas of control would be transferred from the state legislature to the county commission. Some decisions that are now made on a state-wide basis by the legislature could be made at the county level. State-wide uniformity, while still mandated in certain areas, could be replaced in other areas with procedures tailored to the particular needs of our county. Self- government powers would mean greater flexibility in shaping our governmental structure, greater power to solve our own problems, and more responsibility to recognize and deal with these problems.

County Administrator

The County Administrator, a professional administrator hired by the commission “on the basis of merit only” is responsible for the administration of the programs and policies determined by the commission. Subject to the commission’s general direction, the administrator directs and supervises the administration of all departments, operates as the focal point and collection point for all citizen and county operational concerns, and is in charge of business affairs of county government. The administrator serves at the pleasure of the commission and may be replaced at any time.

III. COMPARISON OF THE EXISTING FORM OF GOVERNMENT AND

THE PROPOSED FORM OF GOVERNMENT

EXISTING FORM

Policy-making and administrative structure. The ''traditional'' form of county government has existed in Broadwater County since the creation of the county in 1895. It is basically the same government as described in the 1889 constitution; in structure and powers it reflects its role as an administrative arm of state government. It can best be described as a collection of 6 somewhat autonomous administrative offices consisting of a commission of three members and 5 elected officials. In addition, many boards, commissions and special districts operate within county government.

The three member board of county commissioners is elected by the voters of the county for overlapping six year terms; the term of one commissioner expires every two years, each commissioner must reside in the district he or she represents, but commissioners are elected at-large on a county-wide basis. Elections are non-partisan.

The commissioners serve as the executive branch of the county government and are responsible for the administration of the business affairs of the county as outlined in state law. They approve the county budget, levy taxes, issue bonds, enter into contracts, approve claims, and may buy, sell and lease county property. They also have the responsibility to appoint members of boards and commissions and any department heads who are not elected.

Under the existing form of government, county commissioners have rather limited authority to supervise officials and employees of the county government. They can supervise those whom they appoint, but the only control they have over departments headed by elected officials is through the county budget. They also have some authority over the salaries and number of deputies which the elected officials may have.

In addition to the three commissioners, there are nine other elected officials under the existing form of government:

Sheriff/ Coroner

County Attorney/ Public Administrator

Clerk and Recorder

Treasurer/ County Superintendent of Schools/ Auditor

Clerk of District Court

The salaries as well as the powers and duties of these officials are determined by state law under the existing form, and each official is nearly independent from the supervision of the commissioners or from any other central administrative authority.

Numerous boards, commissions and special districts also operate in the county to administer services. These governmental bodies range in authority from advisory agencies which are subordinate to the commissioners, to those which operate independently of commission control. Members of these various boards may be appointed by the county commissioners or in some cases are elected.

EXISTING FORM (continued)

Structures for the delivery of services. In some instances the county is acting as an agent of the state in providing ''traditional'' services such as elections, property tax collections, and so forth, but increasingly county government is involved in providing urban-type services. Major county provided services include:

Elections

Record keeping functions

Financial administration

Maintenance of roads and bridges

Agricultural and rural services (such as county fairs, Cooperative Extension Service. weed & insect)

Public safety and judicial administration (such as law enforcement, county attorney. and justice courts)

Social services (such as health department hospitals and nursing homes, and ambulance services)

Recreation

Parks

Planning and development

Under the existing form of government some services are provided by elected county officials (for example, the Clerk and Recorder, Treasurer, Sheriff, etc.) while others such as libraries, airports, health services, weed control. etc. are provided by the numerous boards and special districts mentioned above. In some cases, these boards and districts provide services in instances in which the county, under existing state law, does not have the authority to provide services directly.

Power and authority of county government. One of the most important provisions in the proposed form of government is self-government power. Under the existing form of government, Broadwater County operates with limited powers which are restricted by the so-called ''Dillon Rule". This judicial interpretation states that local governments have only those powers specifically granted to them by the state legislature. It further provides that if there is any doubt as to the existence of a local government power, the power is to be denied.

PROPOSED FORM OF GOVERNMENT

Power and authority Under provisions of the 1972 Montana Constitution and state laws passed in 1975, voters in Montana counties, through the proposals of their local government study commissions, can choose a different kind of power and authority for their county government. This arrangement of state-local power sharing is called ''self-govemment powers". Self-government powers means that a local government with those powers can take any action or engage in any activity unless specifically prohibited by the state or U.S. Constitution, state law or local charter. Essentially, this is a reversal of the old rules regarding local government powers in that there is no need for a grant of powers, since the local unit is free to act unless prohibited.

PROPOSED FORM (continued)

In a law adopted in 1975, the state legislature stipulated those powers and authority which would be denied to local governments with self-government powers. In a few pages the legislature reserved a series of powers and functions to the state. Most of the powers denied to local government were retained by the state because of the necessity of state-wide uniformity in several important areas such as the conduct of elections, law affecting private or civil relationships, fish and game, etc. or to safeguard ''due process'' and individual rights of the citizens of the state.

But even with these limitations, local governments adopting self-government powers will have the freedom to determine their own internal structure including departments, boards, bureaus, and commissions and to determine the type, level and method of providing services such as roads, health services, fire and police protection, libraries, parks, water and sewer services, and solid waste disposal.

Comparison of Specific Characteristics of the Existing and the

Proposed Forms of Government

The attached chart (Table 4-1) compares thirteen characteristics of the existing form of county government with the proposed form of government. Under the last column entitled ''comments'' the study commission has included short summaries of why we are proposing some changes in each area.

Recommendations and Reasons

The first responsibility of the study commission was to study and evaluate the present form of government in this county; the second responsibility was to compare the existing form with alternative forms available to Montana counties; and then to decide whether or not to offer an alternative that can best meet the needs of this county to the voters.

The decision of the Broadwater County study commission to recommend a commission form with self-government powers is made in the belief that such a government can best meet county needs as identified during the course of this study.

Citizen testimony at the public hearings indicated that citizens are concerned about communications between elected officials, and between elected officials and the general public. In addition they were concerned about the quality of services (especially roads) in relation to the level of taxation, and about the lack of vision and a clear definition of goals and dates for implementation in county government. A major concern of our county commissioners was their lack of authority to deal with many local problems, feeling helpless and buried in red tape when dealing with the state government. Although held responsible for county operations, they actually have little state granted control over operations.

In addition to these concerns of citizens and local officials, the study commission considered what population growth in our area would mean for county government. The dramatic increase at the far ends of the county is placing new demands on county government to provide fire coverage, law enforcement, and refuse disposal.

Taking into consideration the frustrations and expectations of citizens and local officials alike, along with the changing role of county government and the growing needs of the county, the study

Recommendations and Reasons (continued)

commission identified five basic criteria or goals which the recommended form should meet. The proposed form of government would fulfill these goals in the following ways:

1. Government Visioning and Prioritization. A major problem in the existing form of county government is that there is no Strategic Plan that gives the government as well as the public an idea of the direction and priorities that will lead the county ahead in the most constructive path possible. This Strategic Plan would be the clearing house that contains all existing plans that the county has already produced. But the most important component would be the implementation plan that would help to prioritize the policies and expenditures, as set out in the plan. Commissioners, for example, could use this as a vehicle to determine prioritization of the capital improvements. This tool would give reasons for why fiscal funds would be spent each year, and give a projected timeline for when other funds would be allocated for other priorities further down on the planning list.

2. Government that is Responsive to Citizens. County government that can respond to citizen needs must first have adequate representation so that all interests in the county are represented with an even hand and a timely manner. In the opinion of the study commission, the present form of government has weaknesses in structure and access that prevent it from accomplishing these goals.

It is questionable whether a part time commission of three members with many diverse interests of a county, an incorporated city, several unincorporated areas, and a rural farm population, can respond and communicate effectively. The three commissioners elected by district give a diverse geographic representation, but communications in a timely and inclusive manor appear to be very difficult to maintain in all areas. This lack of communication appears to add to frustrations and sometimes discontent directed towards the elected officials. It is being proposed that a County Administrator would fill that void that appears to be happening, especially due to the lack of a Visioning Plan and the explosive growth in the county.

In the area of administrative structure, Broadwater County study commission concluded that there were several significant problems. It seemed clear, for example, that there is currently no centralized or administrative authority in county government. It is unclear who, if anyone is actually running Broadwater County. This fragmentation of authority is partly due to the many independent elected officials who are not formally coordinated in any way. There is no central focus in which county-wide priorities can be established and implemented.

A second problem which the study commission identified was the further fragmentation of responsibility through the proliferation of boards. These boards are often small independent governments of their own which operate outside the public eye. There is a lack of accountability to the people of the county when voters have no idea who serves on these boards or what the boards do.

The county administrator would provide an effective focal point for the county employees and public by establishing clear lines of communication and responsibility. The administrator would have the authority to supervise and coordinate the many activities of county government and many boards, while still being responsible to the commission.

Recommendations and Reasons (continued)

3. Local Control Over Local Problems. Although county government will continue to perform many state-mandated functions and be subject to state law in areas where state-wide uniformity is desirable, the adoption of self-government power will increase the authority and the flexibility of county government to deal with local problems. Currently under general government powers, the functions and organization of county government are regulated by state laws which are designed to apply to all counties in the state regardless of their different problems.

The study commission believes that self-government powers for Broadwater County would have a number of advantages over the existing system of powers. In terms of response time to new problems or opportunities, for example, a self-government county is free to act without waiting for approval of the state legislature. Under the existing system the county must wait for a legislative grant of power.

The second advantage for self-government is both more subtle and in the long run perhaps more important. It is the power of self-government counties to provide services and organize their internal affairs in the manner that seems best for them. To understand what this means one must bear in mind that while the existing system can provide a wide range of services, it can provide these services only in the manner prescribed by the legislature. The following example could be expanded to include almost every service which county government provides.

Both the proposed self-government and the existing general government counties can provide for refuse disposal, but while a self-government county can do so in a manner it finds appropriate, a general government county must create a district which instead of being an integral part of county government is administered by a separate board. Similarly a county with existing general government powers which wishes to control mosquitoes must create a district, controlled by an independent board. It should be stressed that if a county with self-government wished to do so, it could provide services using the same methods as are presently authorized for general power governments. The critical difference is that they do not have to do it in that manner. They are free to provide the service in whatever manner they find most suitable.

4. Government Structure that Allows Maximum Participation by Citizens. The study commission found that under the existing form of government there is very little public involvement in county decisions. Few county residents have any idea of what officials do. In such a vast county, night meetings once a quarter are an essential element to increase the access of the county commissioners to the general public.

APPENDIX A

CERTIFICATE

ESTABLISHING THE EXISTING PLAN OF GOVERNMENT

FOR

BROADWATER COUNTY

If retained by the voters, the government of Broadwater County shall be organized under the following provisions of MCA 7-3-111 which authorizes the elected county official form of government:

7-3-111. Statutory basis for elected county official government.

(1) For the purpose of determining the statutory basis of existing units of local government after May 2, 1977, each unit of local government organized under the general statutes authorizing the elected county official form of government shall be governed by the following sections:

(a) 7-3-401;

(b) 7-3-402;

(d) 7-3-413(1);

(e) 7-3-414(1);

(f) 7-3-415(2);

(g) 7-3-416(2);

(h) 7-3-417(2);

(i) 7-3-418;

(j) 7-3-432(1);

(k) 7-3-433(1);

(1) 7-3-434(1);

(m) 7-3-435(1);

(n) 7-3-436(1);

(o) 7-3-437(6);

(p) 7-3-438(6);

(q) 7-3-439(6);

(r) 7-3- 440(6);

(s) 7-3-441(6);

(t) 7-3-442(6);

(2) This form has terms of 4 years for all elected officials except commissioners who are elected to 6-year terms. The commission consists of three members.

These sections establish the following form of government which shall be called the COMMISSION FORM.

CERTIFICATE A (continued)

ESTABLISHING THE EXISTING PLAN OF GOVERNMENT

7-3-401. Commission form. The commission form consists of an elected commission (which may also be called the council) and other elected officers as provided in this part. All legislative, executive, and administrative powers and duties of the local government not specifically reserved by law or ordinance to other elected officers shall reside in the commission. The commission shall appoint the heads of departments and other employees, except for those appointed by other elected officials. Cities and towns which adopt this form may distribute by ordinance the executive and administrative powers and duties into departments headed by individual commissioners.

7-3-402. Nature of government. Local governments that adopt this form shall have general government powers.

7-3-412 (3). Selection of commission members. The commission shall be elected at large and nominated by a plan of nomination that may not preclude the possibility of the majority of the electors nominated candidates for the majority of the seats on the commission from persons residing in the district or districts where the majority of the electors reside.

7-3-413 (2). Type of election. Local government elections shall be conducted on a nonpartisan basis.

7-3-414 (1). Chairman of commission. The chairman of the commission shall be elected by the members of the commission from their own number for a term established by ordinance.

7-3-415 (2). Administrative assistants. The commission may appoint one or more administrative assistants to assist them in the supervision and operation of the local government.

7-3-416 (2). Terms of the commission members. Commission members shall be elected for overlapping terms of office.

7-3-417 (2). Size of commission and community councils. The size of the commission, shall be three, and community councils to advise commissioners may be authorized by ordinance.

7-3-418. Terms of elected officials. The term of office of elected officials may not exceed 4 years, except the term of office for commissioners in counties adopting the form authorized by Article XI. section 3(2), of the Montana constitution may not exceed 6 years. Terms of office shall be established when the form is adopted by the voters.

7-3-432 (1). County Attorney, A legal officer shall be elected.

7-3-433 (1). Sheriff. A law enforcement shall be elected.

7-3-434 (1). Clerk and recorder. A clerk and recorder shall be elected.

CERTIFICATE A (continued)

ESTABLISHING THE EXISTING PLAN OF GOVERNMENT

7-3-435 (1). Clerk of district court. A clerk of district court shall be elected.

7-3-436 (1). Treasurer. A treasurer shall be elected.

7-3-437 (6). Surveyor. A surveyor shall not be included in this form as a separate office.

7-3-438 (6). Superintendent or schools. A superintendent of schools shall not be included in this form

as a separate office.

7-3-439 (6). Assessor. An assessor shall not be included in this form as a separate office.

7-3-440 (6). Coroner. A coroner shall not be included in this form as a separate office.

7-3-441 (6). Public administrator. A public administrator shall not be included in this form as a

separate office.

7-3-442 (6). Auditor. An auditor shall not be included in this form as a separate office.

We, the Study Commissioners of Broadwater County do

hereby certify that this is the existing Plan of Government as established by Section 7-3-11 l MCA.

SEAL

In testimony whereof we set our hands.

Done at ___this ____day of 2006.

ATTEST:

Clerk & Recorder of _________________________________________

Broadwater County

_________________________________________

LOCAL GOVERNMENT STUDY COMMISSIONERS

CERTIFICATE B

ESTABLISHING THE PROPOSED PLAN OF GOVERNMENT FOR

BROADWATER COUNTY

Upon approval of the majority of voters, the government of Broadwater County shall be organized under the following provisions of Section 7-3-401 MCA.

7-3-415. Administrative assistants. The commission:

(1) shall appoint one or more administrative assistants to assist them in the supervision and operation of the local government;

We, the Study Commission of Broadwater County do hereby certify that this is the Proposed Plan of Government approved by the study commissioners of Broadwater County.

SEAL

In testimony whereof we set our hands.

Done at _____this _________day of, 2006.

ATTEST: ________________________

CLERK & RECORDER OF

BROADWATER COUNTY

____________________________________

LOCAL GOVERNMENT STUDY COMMISSIONERS

CERTIFICATE C

ESTABLISHING THE PROPOSED PLAN OF GOVERNMENT FOR

BROADWATER COUNTY

Upon approval of the majority of voters, the government of Broadwater County shall be organized under the following provisions of Section 7-3-701 MCA.

7-3-701. Charter form. (1) The purpose of this part is to comply with Article XI, section 5(1), of the Montana constitution, which provides: “The legislature shall provide procedures permitting a local government unit or combination of units to frame, adopt, amend, revise, or abandon a self-government charter with the approval of a majority of those voting on the question. The procedures shall not require approval of a charter by a legislative body.”

(2) Charter provisions establishing executive, legislative, and administrative structure and organization are superior to statutory provisions:

We, the Study Commission of Broadwater County do hereby certify that this is the Proposed Plan of Government approved by the study commissioners of Broadwater County.

SEAL

In testimony whereof we set our hands.

Done at _____this _________day of, 2006.

ATTEST: ________________________

CLERK & RECORDER OF

BROADWATER COUNTY

____________________________________

LOCAL GOVERNMENT STUDY COMMISSIONERS

CERTIFICATE D

ESTABLISHING THE DATE OF THE SPECIAL ELECTION

AT WHICH THE ALTERNATIVE FORM OF GOVERNMENT

SHALL BE PRESENTED TO THE ELECTORS OF

BROADWATER COUNTY

The alternative form of government proposed by the Local Government Study Commission shall be submitted to the voters of Broadwater County at a special election to be held with the general election on November 7, 2006

We, the Study Commissioners of Broadwater County do hereby certify that this is the date of the special election approved by the Study Commissioners of Broadwater County.

SEAL

In testimony whereof, we set our hands.

Done at ____this ________ day of 2006.

ATTEST: _____________________

CLERK & RECORDER OF

BROADWATER COUNTY

__________________________________

LOCAL GOVERNMENT STUDY COMMISSIONERS

CERTIFICATE E

ESTABLISHING THE PROPOSED PLAN OF GOVERNMENT FOR

BROADWATER COUNTY

OFFICIAL BALLOT NO._______

Broadwater County Study Commission official ballot for the November 7, 2006 General Election.

Broadwater County citizens have asked the Study Commission to submit to the voters a Charter form of government with ''self-governing powers'' which allows the county to react quickly to changing conditions. The Charter provides for clarification of responsibilities and duties of elected officials and staff.

This charter can only be changed by a vote of the citizens.

PLEASE VOTE ON BOTH ISSUES.

□ FOR Adopting a charter for Broadwater County with self governing powers

□ FOR the existing form of government.

Sub-option to be included in the new form of government, if it is adopted.

□ FOR requiring the Broadwater County Commissioners to appoint a County Administrator.

□