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HomeMy WebLinkAbout05-10-22 Public Comment - Z. Brown - Inter-Local Agreement y4,P BOG • P r7 'OF MO �P� GALLATIN COUNTY Tuesday 5/10/2022 Dear Mayor Andrus&the Bozeman City Commission: To aid in your deliberations about the "Interlocal Agreement among Gallatin County, City of Bozeman, and City of Belgrade establishing a City-County Board of Health", we respectfully submit the following information for your consideration. We have asked our attorneys and the Chief Health Officer about tasks that need to be completed before the current interlocal expires on July 1st, 2022. Please note that the sooner all of this can happen the better, as the Health Code needs to be validly adopted and the Health Officer appointed as soon as possible after the Governing Body is established and prior to the existing agreement's expiration on July 1. If the final approvals do not happen until after July 1st, there will be a lapse in the Health Officer's authority and validity of the Health Code during that period. 1. By May 141h: Advertise for Health Board members(The County's Board Appointments Policy& Procedures require publication 30 days prior to appointment) 2. By June 6th & 7th: Adopt Interlocal with Belgrade (*if the City of Bozeman chooses to opt out*) 3. By June 13th and 14th:Appoint members to Board of Health 4. During the week of June 201h: Convene first meeting of Health Board, at which the Board will adopt bylaws, appoint officers, and make recommendations for Health Regulations and Local Health Officer to Governing Body 5. During the week of June 27th: Governing Body holds public hearing on recommendations and adopts Health Regulations and appoints Health Officer 6. By July 5th: County enters/ratifies master contracts with DEQ and DPHHS for continuation of Health Department functions and ratifies existing task orders.The contracts currently are with the Board of Health and cover daily operations like COSA septic review, restaurant inspections, home visiting program,tobacco use prevention program,etc.The Master Agreements with DEQ and DPHHS, and sample task orders, are attached.There may be additional contracts to which the Board is a party, and we've asked the CHO for a list for all existing contracts. As you can see, we will need a clear answer from the City of Bozeman as soon as possible,as to whether or not you intend to sign on to the agreement. We sincerely hope that you will choose to sign on, but respect that it is entirely your decision. If we don't receive a clear answer from you by Friday Commissioners' Office • 311 West Main Street Room 306 •Bozeman, MT 59715 May 13th, we will begin the process of drafting "plan B" documents that only involve the City of Belgrade and Gallatin County. Respectfully, Zach Brown Gallatin County Commissioner OFGALL4 1. O C G� F '1 I � 1 � eOF MOP GALLATIN COUNTY Friday April 291h, 2022 Dear Mayor Andrus & City Manager Mihelich: Thank you for providing us with your questions and suggestions related to the Bozeman/Belgrade City-County interlocal agreement governing the Health Department.We have reviewed your proposed edits as a Commission, in consultation with the County Attorney's office, and thought it would be helpful to share our response to your suggestions in writing. We do not mean for this letter to replace this week's cancelled in-person meeting, and would welcome further discussion in the near future. However,we strongly desire clear action from the City as soon as possible, so that we can make sure an appropriate agreement is in place before the current interlocal expires on June 30, 2022. In short,the County remains committed to a strong Health Department that continues to serve all Gallatin County residents, including those within city boundaries, without interruption.We maintain that despite some changes in the governance structure and authorities, our average county resident should experience no changes to the services offered by our health department employees,who are County employees now and will continue to be moving forward. With that in mind, our responses to your proposed changes are as follows: • Section 2—Separate Legal Entity:The proposed edits establish the Board of Health as a separate legal entity apart from the Cities and County. It is our position that this is contrary to the intent and plain reading of HB121 and HB 257.The Legislature very clearly intended to limit the nature of boards of health to an advisory capacity. If the Gallatin County Board of Health is to be considered a separate legal body,this implies that it also has independent authority to retain its own legal counsel, to fund itself, to enter contracts, to adopt regulations and set fees, and to hire and supervise staff. Some of those authorities were explicitly struck from state law, and the others are unacceptable to us based on our commitment to professional management principles, and governance that provides clear and transparent accountability.We therefore do not accept these proposed edits. • Section 4—Responsibilities of the Governing Body:As drafted,the newly drafted interlocal vests the governing body with only the statutory duties required by§ 50-2-116, MCA(to adopt regulations/fees,to appoint the health officer, and to amend or rescind a directive or order issued by the Board of Health or Health Officer).Your proposed edits actually expand the authority of the Governing Body to appoint and "manage" the Local Health Officer, including discipline and termination.We have maintained from the beginning of this negotiation that it Commissioners' Office • 311 West Main Street Room 306 • Bozeman, MT 59715 does not make any sense for a County employee to be managed by a board comprised of officials from three different local governments. It is impractical that the County will employ the Health Officer but the Governing Body solely has management and disciplinary authority, including any termination. We therefore do not accept these proposed edits. • Section 6—Responsibilities of the City-County Board of Health:This section deletes the interlocal's references to the statutory duties of the Board of Health,some of which were subject to oversight by the County. One of the consequences is that the County will not have any contract or enforcement oversight, as currently drafted. As all Gallatin County citizens fund the Board of Health,the County should have oversight over the contracts entered and services funded by the Board.This is consistent with HB 121 and HB 257. Your edits also expand the authorities of the Board of Health, beyond statute, by stating that the Board shall "supervise" the Local Health Officer and make management recommendations to the Governing Body.Again, we maintain that this makes no practical sense. We respectfully ask you to consider: how can the governing body"manage" the health officer, but the Board of Health "supervise"the health officer, all while that person is still legally a County employee?We maintain that this language will inevitably lead to uncertainty and disputes, and does not represent a clear and professional management structure. It also is contrary to HB121 & HB257, which clearly struck the Board of Health's prior authority to employ staff. Along with employment, comes supervision and control over the method and manner of work. We therefore do not accept these proposed edits. • Section 7—County Responsibilities:The edits to this section strike the County's authority to supervise and manage the Health Officer, although the County is still expected to employ them. The edits also expressly state the County shall be responsible for 100%of the expenses of the Board. With funding obligations come financial management responsibilities on behalf of the taxpayers, and the City's proposed edits eliminate any County contract control or authority related to the Board of Health's spending. We therefore do not accept these proposed edits. As you are aware, the County have consistently held firm with the boundaries described above as to fiduciary and personnel management authorities.These boundaries address our understanding of the plain letter of the law as it reads after the 2021 Legislature passed HB 121 & HB 257, and also reflect, in our view, very basic professional management principles. Respectfully, �- Scott MacFarlane Joe Skinner ZaeeBrown Commissioner Chairman Commissioner CC: Marty Lambert, Gallatin County Attorney Greg Sullivan, Bozeman City Attorney Jim Doar, Gallatin County Administrator Neil Cardwell, Belgrade City Manager Russ Nelson, Mayor of Belgrade Lori Christensen, Chief Health Officer IN TERLOCAL AGREEMENT AMONG G_ALLATIN COUNTY, CITY OF BOZEMAN,AND CITY OF BELGRADE ESTABLISHING A CITY-COUNTY BOARD OF HEALTH This Interlocal Agreement ("Agreement") is made pursuant to Title 7. Chapter 11, Part 1, Montana Code Annotated("MCA") among Gallatin County("County"), a political subdivision of the State of Montana with principal offices at 311 West Main Street, Bozeman, Montana 59715; the City of Bozeman,a self-governing municipality with principal offices at 121 N Rouse Avenue, Bozeman,Montana 59715; and the City of Belgrade, a self-governing municipality with principal offices at 91 East Central Avenue,Belgrade,Montana 59714 (hereafter"Parties"or"the Parties"). WHEREAS. the Parties have the authority to enter into this Agreement pursuant to Sections 7-11-101 through 7-11-108. MCA; and WHEREAS,the County,the City of Bozeman,and the City of Belgrade are separate legal entities that have individual rights and duties as outlined in Montana statute; and WHEREAS, §50-2-105, MCA, requires a city board of health in each first- and second- class city; and WHEREAS. §50-2-106,MCA, authorizes formation of a city-county board of health; and WHEREAS, Gallatin County and the City of Bozeman previously entered into an Interlocal Agreement establishing the Gallatin City-County Board of Health; and WHEREAS, the City of Belgrade is now required to have a Board of Health and desires to be a party to a city-county board of health with the County and the City of Bozeman: and WHEREAS, §50-1-101(8)(c). MCA (2021), provides that the "local governing body" or " in the bylaws governing body" is "the entity identified as the governing body as established , interlocal agreement, or memorandum of understanding creating a city-county local board of health;" and WHEREAS, it is financially and operationally efficient and advantageous to the Parties and the public to create a city-county board of health. NOW, THEREFORE, in consideration of the mutual promises, benefits, and covenants made herein. the Parties agree as follows: 1. PURPOSE OF INTERLOCAL AGREEMENT.rThe purpose_of this.Agreement is to Z establish a City-County Board of Health among Gallatin County and the Cities of Bozeman and Belgrade and to define the membership and responsibilities of the Parties and the Board. 2. SEPARATE LEGAL ENTITY.No separate legal entity is created by this:Agreement. L\TERLOCAL AGREEME\r Pagel of 9 3. GOVERNING BODY. The Governing Body of the City-County Board of Health is comprised of the Board of County Commissioners, one Bozeman City Commissioner, and one Belgrade City Council Member. At least two concurring votes of the Board of County Commissioners and at least one concurring vote of either the Bozeman City_ Conuuission or Belgrade City Council shall be required for the passage of any decision by the Governing Body. 4. RESPONSIBILITIES OF THE GOVERNING BODY. The Governing Body may exercise only the specific powers and duties granted by this Agreement as follows: a. Appoint a local health officer to be employed by the County; b. In accordance with § 50-2-116(1)0), MCA, and subject to the provisions of§ 50- 2-130. MCA, adopt necessary regulations that are not less stringent than state standards for the control and disposal of sewage from private and public buildings and facilities that are not regulated by Title 75, Chapter 6, or Title 76. Chapter 4, MCA; c. Adopt necessary fees to administer regulations for the control and disposal of sewage from private and public buildings and facilities; d. Adopt regulations that do not conflict with § 50-50-126,MCA, or rules adopted by the Montana Department of Public Health and Human Services: i. For the control of communicable diseases; ii. For the removal of filth that might cause disease or adversely affect public health; iii. Subject to the provisions of§50-2-130, MCA, for sanitation in public and private buildings and facilities that affects public health and for the maintenance of sewage treatment systems that do not discharge effluent directly into state water and that are not required to have an operating permit as required by rules adopted under§75-5-401, MCA; iv. Subject to the provisions of§ 50-2-130 and Title 50, chapter 48,MCA, for tattooing and body-piercing establishments that are not less stringent that state standards for tattooing and body-piercing establislunnents; v. For the establishment of institutional controls that have been selected or approved by the United States Environmental Protection Agency as pant of a remedy for a facility under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1990, 42 USC 9601, et seq. or Montana Department of Environmental Quality as part of a remedy for a facility under the Montana Comprehensive Environmental Cleanup and Responsibility Act, Title 75, Chapter 1Q. Part 71 MCA; and vi. To implement the public health laws; and LITERLOCAL AGREEMENT Page 2 of 8 e. Pursuant to § 50-2-116(4),MCA, amend, rescind, or otherwise change a directive, mandate,or order issued by the City-County Board of Health or local health officer in response to a declaration of emergency or disaster by the governor as allowed in § 10-3-303,MCA, or by the principal executive officer of the County as allowed in § 10-3-402 and § 10-3-403, MCA, after holding a public meeting and allowing public continent. 5. CITY-COUNTY BOARD OF HEALTH. The City-County Board of Health shall be known as the "Gallatin City-County Board of Health." The City-County Board of Health shall be composed of nine members, as follows: a. One County Commissioner, or County designee; b. One Bozeman City Cornnvssioner, or Bozeman designee; c. One Belgrade City Council Member, or Belgrade designee: d. Two members,in addition to the member described in 5(a)above, appointed by the Board of County Commissioners; e. Two members,in addition to the member described in 5(b)above,appointed by the Bozeman City Commissioners; and f. Two members,in addition to the member described in 5(c)above,appointed by the Belgrade City Council. Upon approval of this Agreement,the Board's County Commissioner,City Commissioner, and City Council Member shall each serve three-year terms. One of the County Commissioners' appointed members shall serve a two-year term and one member a one- year term.One of the Bozeman City Commissioners' appointed members shall serve a two- year term and one member a one-year tern. One of the Belgrade City Council's appointed members shall serve a two-year term and one member a one-year term. Subsequent appointments shall be for staggered three-year terms. Board members shall be appointed to represent various geographical areas of Gallatin County and various disciplines and occupations, such as health care, community health, strategic planning, soil and water sciences, environmental health, civil engineering, and wastewater treatment system installation.Board members shall serve at the pleasure of the appointing governing body. 6. RESPONSIBILITIES OF THE CITY-COUNTY BOARD OF HEALTH. The City- _ . County Board of Health shall perform the following responsibilities: a. Recommend to the Governing Body the appointment of a local health officer who is: i. A physician; D;TERLOCAL AGREEME\'T Page 3 of S ii. A person with a master's degree in public health: or A person with equivalent education and experience, as determined by the department; b. Elect a presiding officer and other necessary officers; c. Adopt bylaws to govern meetings; d. Hold regular meetings at least quarterly and hold special meetings as necessary; e. Identify, assess, prevent, and ameliorate conditions of public health importance through: i. Epidemiological tracking and investigation; ii. Screening and testing; iii. Isolation and quarantine measures; iv. Diagnosis,treatment, and case management; v. Abatement of public health nuisances; vi. Inspections; vii. Collecting and maintaining health information; viii. Education and training of health professionals; or it. Other public health measures as allowed by law; f. Protect the public from the introduction and spread of conununicable disease or other conditions of public health importance, including through actions to ensure the removal of filth or other contaminants that might cause disease or adversely affect public health; g. Super%,Ise or make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the conditions; h. Bring and pursue actions and issue orders necessary to abate.restrain, or prosecute the violation of public health laws,rules, and local regulations; i. Identify to the Montana Department of Public Health and Human Services an administrative liaison for public health in accordance with § 50-2-116(1)(i). MCA; j. Propose the regulations for adoption by the Governing Body, and adopt procedural rules necessary to implement and enforce the regulations adopted by the Governing Body; k. Hear and decide variance requests from the minimum requirements of the regulations adopted by the Governing Body for the control and disposal of sewage, consistent with Admin. R.Mont. 17.36.922; LN—MRLOCAL AGREEM&\'T Page 4 of 3 1. Hear and decide appeals that allege error of any written decision of the local health officer; and m. Review and make recommendations to the Health Department regarding its proposed annual budget. The City-County Board of Health also may: a. Accept and spend funds received from a federal agency,the state, a school district. or other persons or entities, subject to the approval by the County of any contract awarding such fluids; b. Promote cooperation and formal collaborative agreements between the local board of health and tribes, tribal organizations, and the Indian health service regarding public health planning, priority setting, information and data sharing, reporting. resource allocation, service delivery, jurisdiction, and other matters addressed in this title; and c. Provide, implement, facilitate or encourage other public health services and functions as considered reasonable and necessary, subject to the approval by the County of any contract providing for such services or functions. 7. COUNTY RESPONSIBILITIES. The County shall retain all powers and duties not delegated to the Governing Body or the Board of Health by this Agreement and shall perform the following responsibilities: a. Employ and manage the local health officer; b. Hire, manage, and supervise all Health Department employees (through the local health officer) consistent with Gallatin County personnel policies;,; c. Adopt a budget that provides for efficient and effective operation of the City- County Board of Health and the Health Department; d. Use any of the methods enumerated at §50-2-111.MCA, to finlike the City- jCounty Board of Health, e. Enter all contracts on behalf of the Board of Health and Health Department; Enforce violations of the regulations adopted by the Governing Body and the public health laws on behalf of the Board of Health or Health Department;and g. Acquire and dispose of any property for the Board of Health or Health Department according to Montana law, which property shall be held in the name of Gallatin County. NTERLOCAL AGREEME\'T Paee 5 of 3 8. EFFECTIVE DATE.This Agreement shall be effective on the date the last panty executes this Agreement. 9. TERAI. This agreement shall be perpetual, unless modified or terminated as provided ui this Agreement. 10. AMENDMENT. The terms and conditions of this Agreement may not be amended except by an instrument in writing executed by all of the Parties. Any party may request an amendment by serving a written notice on the other Parties. An Amendment is effective when executed in writing by all Parties. 11. TERI%IINATION. Any party may terminate its participation in this Agreement when its governing body adopts a resolution for termination and it serves written notice of intent to terminate on the other Parties, not less than six months before the end of the current fiscal year. 12.NON-WAIVER. Waiver by any party of strict performance or any provision of this Agreement shall not be a waiver of or prejudice to any of the party's rights to require strict performance of the same provision in the fiiture or of any other provisions. 13. HEADINGS. The section headuigs contained herein are for convenience and reference and are not intended to define or limit the scope of any provision in this Agreement. 14.NOTICES. All notices required under this Agreement shall be deemed properly served if delivered in writing, personally or sent by certified or registered mail to the last address previously furnished by the Parties. Until hereafter changed by the Parties by notice in writing,notices shall be sent to the Gallatin County Administrator, 311 West Main Street. Bozeman, Montana 59715; the Bozeman City Manager, 121 N Rouse Avenue. Bozeman. MT 59715; and the Belgrade City Manager 91 East Central Avenue,Belgrade,MT 59714. The date of mailing shall be deemed the date of service. 15. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties pertaining to its subject matter. 16.APPLICABLE LAW, VENUE, AND ATTORNEY'S FEES. This Agreement shall be governed by the laws of the State of Montana and any action to enforce any right or obligation shall be brought in the Eighteenth Judicial District Court of Montana. The prevailing party, in any action to enforce this Agreement, shall be entitled to attorney's fees including those of the Bozeman City Attorney's Office, the Belgrade City Attorney's Office, or the County Attorney's Office. 17. AIEDLATION. Should a dispute arise as to the meaning of any provisions of this Agreement or the Parties' respective rights and obligations under this Agreement that cannot be resolved by the Parties' or their designees administering this Agreement, the dispute shall be submitted to mediation. A request to mediate shall be submitted in writing by the party desiring mediation and shall specify the dispute for mediation. Within ten(10) r\TERLOC.AL AGREEME\'T Page 6 of S working days after receipt of a request for mediation,the other parties receiving the request shall submit a written response stating their position on the dispute. If no agreement or resolution is reached within ten (10) working days after receipt of the responses by the requesting party,the requesting party shall provide a list of three(3)names of mediators to the other parties, who shall strike one name from the list. The party requesting mediation shall then select the mediator from the remaining name(s). Any decision or recommendation of the mediator is not binding on the Parties. Each party shall be equally responsible for the costs of the mediation. If the Parties are unable to resolve the dispute through mediation, then such dispute may be resolved in a court of competent jurisdiction in compliance with the Applicable Law provision of this Agreement. 18. ASSIGNMENT.No Party may assign,transfer, or convey any right or obligation set forth in this Agreement without the prior written consent of all the other Parties. 19. SEVERABILITY. The provisions of this Agreement shall be deemed independent and severable, and the invalidity,partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 20. AUTHORITY.Each individual executing this Agreement represents and warrants that he or she is duly authorized to execute and deliver this Agreement on the Party's behalf for whom they executed the Agreement. 21.RECORDATION. The County will be responsible for filing an executed copy of this Agreement with the Gallatin County Clerk and Recorder and Montana Secretary of State as required by § 7-11-107,MCA. 22. TERIWINATION OF EXISTING INTERLOCAL AGREEMENT. The City of Bozeman and Gallatin County agree that the existing "Interlocal Agreement Between the City of Bozeman and Gallatin County Increasing Board Membership and Continuing the Gallatin City-County Board of Health", dated May 12, 1997, shall be terminated upon the Effective Date of this Agreement. 11 // // LNTERLOCAL AGREEMENT Page 7 of 8 GALLATIN COUNTY, IXIONTAITA By: Chair, Board of County Commissioners Date ATTEST: Gallatin County Clerk and Recorder CITY OF BOZEMAN,MONTANA By: Mayor Date ATTEST: Bozeman City Clerk CITY OF BELGRADE, MONTAiNA By: Mayor Date ATTEST: Belgrade City Clerk L�TERLOCAL AGREEMENT Page 8 of 3