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Item 1.F.
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| City Council Regular | |
| Date: | 12/19/2022 |
| Title: | MOU with Yellowstone County and the City of Laurel |
| Presented by: | Gina Dahl |
| Department: | Legal |
| Presentation: | No |
| Legal Review | Yes |
RECOMMENDATION
Staff recommends approving the Memorandum of Understanding (MOU) with Yellowstone County and the City of Laurel regarding the the changes in the law following passage of HB 121.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
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 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.
This MOU was presented to Council at the December 5, 2022, work session. Council requested edits regarding the definition of "quorum" as well as the addition of a termination clause. Both were incorporated into the draft MOU and circulated to the County and the City of Laurel. The City of Laurel is scheduled to consider the agreement on Tuesday, December 13. At the time of submission of this memo, Yellowstone County has not yet placed it on their agenda for consideration. Council will be updated on the status of approval/disapproval by Laurel and Yellowstone County at the December 19 regular meeting.
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 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.
This MOU was presented to Council at the December 5, 2022, work session. Council requested edits regarding the definition of "quorum" as well as the addition of a termination clause. Both were incorporated into the draft MOU and circulated to the County and the City of Laurel. The City of Laurel is scheduled to consider the agreement on Tuesday, December 13. At the time of submission of this memo, Yellowstone County has not yet placed it on their agenda for consideration. Council will be updated on the status of approval/disapproval by Laurel and Yellowstone County at the December 19 regular meeting.
STAKEHOLDERS
Stakeholders include all the citizens of Laurel, Billings, and Yellowstone County.
ALTERNATIVES
City Council may:
- Approve; or,
- Not Approve and provide additional direction to staff regarding how Council would like to proceed to address the changes in the law which affect the Interlocal Agreement between the parties.