This presentation is informational only and no action is needed at this time.  This Memorandum of Understanding (MOU) will be presented at a regular business meeting for Council to consider. This MOU is being presented now so there can be discussion about the 2021 legislative changes and the need for this MOU.

Yellowstone County, City of Billings, and City of Laurel created a multi-jurisdictional health services district, known as the Yellowstone City-County Health Department (now under the umbrella of RiverStone Health), by Interlocal Agreement in 1997.  This agreement was later modified in 2004 when an air pollution control program was developed in 2005. The Cities and County have worked cooperatively under the agreement for decades.

In 2021, in response to the pandemic, the Montana legislature passed HB 121. This bill required the formation of a "governing body" to oversee and approve certain actions of the board of health.  In June 2021, the Yellowstone County Board of Commissioners notified the parties of its intent to negotiate a revision of the existing Interlocal Agreement in light of the legislative changes.  Discussions between city, county, and health department staff began at that time and continued until a consensus was reached in October 2022 to draft a Memorandum of Understanding (MOU) to address the legislative changes instead of reopening and renegotiating a new Interlocal Agreement. The respective parties are currently presenting this proposed MOU to their governing bodies.

The proposed MOU defines the "local governing authority" as the governing body that provides oversight and approval of certain actions of the board of health and health officer as required under HB 121.  This governing authority would consist of two members of Yellowstone County Board of Commissioners, two members of Billings City Council, and one member of Laurel City Council.  

The issues that require action by the local governing authority include appointment of the Health Officer, approval of new and revised local public health rules, and approval of fees to administer regulations for the control and disposal of sewage from private and public buildings and facilities.  The legislation was not intended to hinder, slow, or remove nonemergency related powers granted to a local board of health and the MOU clarifies the actions that are not subject to review or approval by the local governing authority in section 4.  

The citizens of Laurel, Billings, and of Yellowstone County are stakeholders.  

City Council may provide additional input and feedback about the MOU.

None.