Final report of the A-DLC Local Government Review Study Commission, 2016

2016·14.9 MB·English

by  Anaconda-Deer Lodge County Local Government Review Study Commission, author

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FINAL REPORT
A-DLC LOCAL GOVERNMENT REVIEW
STUDY COMMISSION
2016
197248

FINALREPORT
OF THE
ANACONDA-DEER LODGE COUNTY
LOCAL GOVERNMENT REVIEW

STUDY COMMISSION
197248

TABLE OF CONTENTS

1. Letterto the Citizens of Anaconda-Deer Lodge County
‘A. Report Summary
i, Findings
ii, Recommendations
II. Comparison chart of present and proposed Charter
II. Certificate A - Present Anaconda-Deer Lodge County Charter

IV. Certificate B - Proposed Amended Anaconds-Deer Lodge County
Charter

V. Certificate C- establishing the Election Date
VI. Certificate D - establishing the Ballot Format

(Note: The above certificates are required by 7-3-187 and, by reference, 7-3-142,
MCA)
197248

Letter to the Citizens of Anaconda-Deer Lodge Ct

ty
To the Citizens of Anaconds-WDeer Ledge County:

‘The Ansconda-Doer Ledge Counry Smdy Commission clecet by Ure voters ont
November 4, 2014, or theresfter appointed, presen this Final ceport to th citizens of this county,

We, the Study Commission, provide this information to the voters for their decision
uring the voting process, ‘The Study Commission does not muke these devisions; final
determination of changes will be decided by the voters at the palls.

‘The Study Commission interviewed the euurent Chicf of Law Enforosment, he curent
Chiat Executive Officer, County Artomey, the Board of County Commission, one (I) former
city-county manager and three (3) previous Study Comraissfoners.. We also met with the
following local civic groups: American Logion, Retived Men's Breakfast Club, Literature Clas,
Senior Citizens, Boa:d of Divectors for the Climber of Commerce, Kiwanis, Ancient Onder of
Hiibernians, the Annual Kid's Fei, and the Anaconda High School Gevernment Class. ‘The
commission also hold many public mectings and multiple public earings as well as a public
survey,

(Our primary goal was to assess our strengths and weaknesses with the Charter form of
city-county government. After an intensive study of twelve (12) months, itis the decision of the
‘Study Commission to recommend Anaconda-Deer Lodge County maintain its existing
govemmental framework. However, the Study Commission is proposing ballot initiatives to
eet Ihe changing needs ofthis county und ils chaser based on suggestions and
recomimendations ofthe public.

‘These ceeomumendations of ballot language reflect the thoughts and opinions ofall the
people who participated in public hearings, reguler meetings and those who responded ta the
survey. In this report, we present our recommendations of ballot language for an amended form
of government, Our geal ist provide changes to our form of government that will be responsive
to local citizens,

‘The responsibility is now for citizens to exarnine the advantages and disadvantages ofthe
proposed ballet initiatives to amend the current Charter. This isa unique opportunity for
‘Anaconda-Deer Lodge County cilizens to shape theie local government. «As aresul of citizen
involvement, the Anaconda-Deer Lodge County Study Commission recommends three (3)
proposed hallo! language options, each covering areas where conccrus were identified

‘We, therefore, propose the following changes:
FINDINGS OF THE sTUDy commission 297248

‘We find the city county consalidated charter form of government has been effective it sewing
the county and meeting the needs of its citizens, However, citizens live voiced concern aver
certain inefficiencies within te charter form of government. The Study Commission bos found
that certain initiatives shoulé be sent to voters in order to give the apportunity fo shunge Those
portions ofthe charter.

Finding L

During our process of gathering citizen inpul, il wus deterrained that many electors waut to vore
for merabers of Ihe Commission in its entiety anu aot just forthe candidetes within ther district,
The process most advocuted ullovss nominees for Commission seats coutinu to be electel
during the primury election hy district. Post primary ichas been recommended that ballot
laryuage offer that the two candidates from each disuict receiving the highest number of wles
be placed on the general election: ballo: and vated by the electorate “at-large”, giving al

the ability to vote on each Commission seat in the general lection

Finding I.

‘During our process of gathering citizen input, it was determined that many electors feel that the
‘county CEO must have a skill set that meets the needs of running a complex organization,
Growth and increasing complexities of government should require administrators to be trained in
udgcting, personnel management und servive delivery. Fstablishing the position of "Manager
‘would allow the Commission the opportunity to hire a Manager based on qualifications and
experience and sill allow the etizens the opportunity ta partake in tke hiving process.

Finding 1.

DDuriag our process of gathering citizen input, it was determined that many electors feel tat
Finding Il applies tothe elecred Chicf of Law Enforcement position as well. Ustablishing an
“appointed” or “hited” Chief of Law Enforcement position will alla the Commission or Chief
Executive (or Manager if applicable} to hire based on qualifications and exzerience.
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RECOMMENDATIONS

‘The Study Comission proposes the followieg,
1

‘Nominees foe Commission seats would continne to be clested during the primary election by
‘The twa candidates trom each district receiving the highest vates would be placed on.
‘the general clection ballot and voted by tae electors “at-large”, giving all electoss the ability to
‘yore on any cendidate runming for a Commission sent.

1.

“The Study Commission proposes plucing on che ballot, language replacing the “elected” Chief
Excoutive wilh an “appointed” Manager who would be chosen by the Board of County
Commission using qualifications approved by the Bosrd of County Commission with maximum
pblis input daring the hiring process.

a.

‘The Study Commission proposes placing on the ballot, language replacing the “elected” Chief of
Law Enforcement position with an “eppointed” or “hired” Chief of Law Encotcement pesition to
be selected hy the Board of County Commission/Chiet Executive or Manager (if upplicable)
using qualifications approved by tae Board of County Commission with enaxiaam public input
daring the hiving process,

Lf the postion is to be appointed by the Board of Courty Commission, the process would he
similar to the Manger position in that there would be maximum public input allowed during the
hiring process. I tae position is t be appointee by tae Chief Executive/ Manager (if applicable),
‘a suzeessfal applicant would be hired with concurrence af the Board of County Commission

Respectfully submitted,

Adam Vaythier

Ileadk. 3 Keidoul

Milo Manning Kevin A. Ila, Bx-Officio
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COMPARISON OF SPECIFIC CHARACTERISTICS OF THE PRESENT AND
PROPOSED AMENDMENTS OF THE GOVERNMENT SET FORTH IN THE
ANACONDA-DEER LODGE COUNTY CHARTER

powers Self-Governing Powers | Setf-Governing Powers | No Change

‘member Commission [5 member Cammission | charges from “lected
nominated by strict | reminated by asic” the
Site andelected by district, | and elected general election
“elected at-large’ inthe
general election.

| Governing Body

sur year overlapping | Four year overlapping
terms. Vacancies filed |tarms. Vacancies filed. | No Change

Tem bytixe person who [by the person wha
receives the second | receives the second
highest vote totalin | highest vote total in
precedingelection. | preceding election
Flected by the Board ot | elected by the Board of

Commission Commission
No Change

Presiding officer
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(CHIEF EXECUTIVE
OFFICER,

Selection

Powers and vuries

Appointment Powers

Budget Preparation

“elec” by the voters

Senvesas Chief
Execute and Chiat
Administrative Oficer
to perform those duties
as et forth in lawanc
the Charter

Appoints and removes
all department heads
‘with Commission
approval

Prepares budget for
Commission approval
and executes the
budget adopted by the
Commission

"aypointed” by the
ard of Commission
based on qualifications
<establ shed by the
Board of Comission.

Serves asthe
administrate Manager
to perform those duties
as et forth in law and
the Charter and is
subject to hire based on
valifcations
established by the
board of Commission.

Appoints and removes
all department heads
‘with Commission
approval

Prepares budget for
‘Commission approval
and executes the
budget adopted by the
Commission

| Change method of
ect

“append” and
Stith qutstions
forthe poranot
anager

Powers and utes da
not change. These are
set per law and the
Charter. Qualifations
will be necessaryt0
perform all duties set
by low and Charter,

No Change.

No Change.
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‘CHIE OF LAW
ENFORCEMENT

Selection

Powers and Duties

lected by the voters.

Serves as Chief of Law
Enforcement and
performs those duties
requited by aw or
Ordinance.

“appointed” by Board
of Commission OR
HIRED" by the Chie
executive OfFcer
(Waanager if applicable)

Serves as Chief of aw
Enforcement and
performs those duties
required by law and

| Drdinance and ether

sutias set by Job
Description established
by the Board of County

change metho
selection from
“elected”
‘appointad” OR
hin" and estaish
qualifications forthe
sition of Chie of Law
Enforcement

Establish powers and
utes within the fob
Desesption tat wil he
most beneficial to
residents of Anaconda:
Deer Lodge Coun.
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CERTIFICATE A.

CERTIFICATE OF THE PRESENT PLAN OF GOVERNMENT
Anaconda-Deer Lodge County, Montana

CHARTER
PREAMBLE

We, the people ofthe City of Anaconda and the County of Decr Lodge, State of
Montana, in accordance with Article X{, Section 5, ofthe Constitaion of the State of Montana
tnd for tie purpose of achicving one community. do adopt this Charter of Anaconda-Desr Ledge
County, Siete of Montana,

ARTICLEI
GENERAL PROVISIONS

Section 1. Name
‘The nate ofthis lecal government unit shall be Anaconda-Deer Lodge County,
Section 2. Status

Anaconda-Decr Lodge County shall have the status of an incorporated rnunicipality and a
county

Section 3. Boundaries

The boundaries of Ansconds-Decr Lodge County shall he the same as those of Deer
Lodge County as described inthe laws of Montana,

Section 4, (Charter Supremacy

As provided by Article XT, Section S, of te Constitutions of the State of Montane,
provisions herein establishing executive legislative, and administrative sucture and
‘organization are superior to statutory provisions,

Seetion 5 Oath of Office

Before entering upon the duties of office, all Anaconda-Decr Lodge County elected
officials shall take and subseribe to the oath of office as follows:

“Ldo solemnly swear (or afficm) that I will

Support, protect and defend the Constitution

of the United States, the constitution of the

State of Montana, this Charter, and that Twill

ischnrge the dulies of my office with fidelity

(eohelp me God).”