HomeMy WebLinkAboutResolution No. R22-75RESOLUTION NO. R22-75
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN A MEMORANDUM OF UNDERSTANDING REGARDING HOUSE BILL 121.
WHEREAS, Yellowstone County (hereinafter "the County"), the City of Billings
(hereinafter "Billings"), and the City of Laurel (hereinafter "Laurel") (hereinafter collectively
"the Parties") wish to create and implement processes and procedures for complying with
requirements set forth by the Montana Legislature in the laws collectively known as House Bill
121 (hereinafter "HB 121 ") during the 2021 Legislative session;
WHEREAS, by virtue of HB121, the Parties are subject to various rights and
responsibilities, which the Parties wish to memorialize in an Interlocal Agreement, attached
hereto; and
WHEREAS, it is the intent of the Parties to comply with HB 121 and to set forth as
clearly as possible the methods of doing so for each as well as for the Parties collectively.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana:
Section 1: Approval. The Memorandum of Understanding by and between the County,
Billings, and Laurel, a copy attached hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the MOU on
behalf of the City of Laurel.
Introduced at a regular meeting of the City Council on the 13th day of December 2022
by Council Member Sparks.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
13th day of December 2022.
APPROVED by the Mayor on the 13th day of December 2022.
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R22-75 Approve MOU Related to House Bill 121
CITY OF LAUREL
)b6t3 9
Dave Waggoner, Mayor
ATTEST:
i&,, � I 1,1A- "Y' , ,
y Srr,6erk-Treasurer
APPROVED AS TO FORM:
� I , �kLL L v -
Michele L. Braukmann, Civil City Attorney
R22-75 Approve MOU Related to House Bill 121
MEMORANDUM OF UNDERSTANDING
REGARDING HB121
This Memorandum of Understanding ("Agreement's is entered into between Yellowstone
County ("County'), the City of Billings (`Billings' and the City of Laurel ("Laurel's (collectively "the
Parties' for purposes of creating and implementing processes and procedures for complying with
requirements set forth by the Montana Legislature in the laws collectively known as House Bill 121
("HB121'D during the 2021 Legislative session.
WHEREAS, the County, Billings and Laurel are parties to the agreement that creates the
multi -jurisdictional service district created to provide health services and health department functions
known as the "Interlocal Agreement;"
WHEREAS, by virtue of HB121, the Parties are subject to various rights and responsibilities
created by the Interlocal Agreement; and,
WHEREAS, it is the intent of the Parties to comply with HB121 and to set forth as clearly
as possible the methods of doing so for each as well as for the Parties collectively;
THEREFORE, this Agreement sets forth the following terms pursuant to which the County,
Billings and Laurel shall agree:
1. Definitions: This Agreement shall be subject to the following definitions:
(a) "Local Governing Body" shall refer to elected officials governing Yellowstone County (Board
of County Commissioners), the City of Billings (Billings City Council), and the City of Laurel
(Laurel City Council), respectively.
(b) "Local Governing Authority" shall refer to a subset of the Local Governing Bodies that is
constituted and empowered to provide oversight and approval of certain Health Office and
Board of Health recommendations as required under HB121 and as set forth herein.
2. Composition of and action by the Local Governing Authority.
(a) The Parties agree that, using the proportions described in the Interlocal Agreement, a five -
member Local Governing Authority will be created within one (1) month of the effective date
of this Agreement. Composition of the Local Governing Authority shall be as follows:
o Two (2) members appointed by the Yellowstone County Board of County
Commissioners;
o Two (2) members appointed by the Billings City Council; and,
o One (1) member appointed by the Laurel City Council.
(b) The Parties agree that each member of the Local Governing Authority must be currently
seated, elected members of the Local Governing Body that appoints them.
Memorandum of Understanding Regarding HB121 - Page 1 of 5
(c) Each Local Governing Body has the sole appointment and removal authority for members of
the Local Governing Authority.
(d) Each appointed member of the local governing authority shall be appointed for a three (3)
year term.
(e) In the event that a Local Governing Body has one or more unfilled position(s) on the Local
Governing Authority, then the Local Governing Authority shall continue to operate, subject
to the terms of the quorum requirement that follows.
(f) A quorum of the Local Governing Authority shall be established by the presence of a majority
of appointed members at any meeting.
(g) The Local Governing Authority shall have a chairperson for purposes of meeting management
and logistics. The chairperson shall have no special powers or authorities different from or
greater than any other member. The chairperson shall rotate each calendar year, starting with
a representative of the County, followed by a representative of the City of Billings, and then
followed by the representative of the City of Laurel. The rotation cycle shall then repeat.
(h) The Local Governing Authority shall meet on an as -needed basis and may take action through
an in-person meeting or an electronic meeting (e.g., telephone or computer) subject to all open
meeting requirements. The chairperson, as part of his/her management and logistics function
shall determine the manner of meeting or acting for each time a need for local governing
authority discussion or action is required. The chairperson is responsible for ensuring proper
public notice is made of any and all meetings of the Local Governing Authority and that
minutes are recorded, as necessary.
(i) So long as a quorum is present, actions of the local governing authority shall be determined
by a simple majority vote of those present.
3. Issues Requiring Action by the Local Governing Authorit .
(a) Appointment of a new Health Officer. Upon determining the need for a new Health Officer,
the Board of Health shall make its recommendation to the Local Governing Authority, which
shall act to approve or disapprove the recommendation after conducting a public meeting. In
the event that there is not a Health Officer in place at the time of the recommended
appointment, then the person recommended by the Board of Health for appointment may fill
the role until such time as the Local Governing Authority acts.
(b) Approval of new local public health rules. Any proposed new local public health rules shall
be developed and vetted by the Health Officer and Board of Health. When the development
process is complete, then the Board of Health or Health Officer shall notify the Local
Governing Authority that a decision is needed, and a public meeting shall be arranged by the
chairperson. The Local Governing Authority will then act to approve or disapprove the
proposed local public health rule.
Memorandum of Understanding Regarding HB121 - Page 2 of 5
(c) Approval of revised local public health rules. If the Health Officer and Board of Health
determine that an existing rule needs to be modified, then they shall develop and vet the
proposed revisions. When the development process is complete, then the Board of Health or
Health Officer shall notify the Local Governing Authority that a decision is needed, and a
public meeting shall be arranged by the chairperson. The Local Governing Authority will then
act to approve or disapprove the proposed local public health rule. In the event that the Local
Governing Authority disapproves the proposed revision, then any existing local public health
rule shall remain in effect.
(d) Approval of fees proposed for adoption by the local governing body to administer regulations
for the control and disposal of sewage from private and public buildings and facilities.
4. Issues not Subject to Local Governing Authority Approval.
(a) The Parties wish to clarify that the purpose and scope of this Agreement, and of the Local
Governing Authority, is to comply with the terms of HB121. Therefore, it is necessary to
explicitly state some, though not all, of the issues that will not be addressed by the Local
Governing Authority.
(b) HB121 states that "(i)t is not a purpose of this chapter to hinder, slow, or remove
nonemergency -related powers granted to a local board of health." [HB121, section 2]
Therefore, the local governing bodies have determined that the following activities and
authorities are not subject to approval by the local governing authority:
o Completion of and action on authorized inspections (e.g., food service inspections,
public accommodation inspections, etc.), including issuance or denial of permits or
licenses resulting from such inspections.
o Issuance of quarantine and/or isolation order to individuals consistent with state law
and regulations governing the control of communicable diseases.
o Issuance of public health guidance for matters such as but not limited to emerging
infectious diseases, food supply warnings and recalls, water supply warnings and
recalls, etc.
o Time -sensitive actions required to protect the public, such as but not limited to closing
an unsanitary restaurant or preventing the sale of a potentially spoiled food after a
truck wreck.
o Approval of fees established under authority of the Board of Health unless otherwise
specified in this Agreement.
5. No Creation of Entity, Hold Harmless. This Agreement does not create any relationship
whereby the Parties create any governmental or non-governmental entity outside of the scope
described herein. This Agreement shall not be construed to create, either expressly or by
implication, the relationship of agency between the County, the City of Billings and/or the
City of Laurel in any manner in relation to the subject matter of this Agreement, and none
shall be liable for the acts, errors, or omissions of the others entered into, committed or
performed with respect to or in the performance of this Agreement. Each party agrees to
indemnify and holds the others harmless against any claims arising from the acts, errors or
omissions of its employees, appointees or agents.
Memorandum of Understanding Regarding HB121 - Page 3 of 5
6. Legal Compliance. Each Party agrees to be solely responsible for compliance with all laws,
rules and requirements of each entity and agrees to abide by them as part of the Local
Governing Authority.
7. Governing Law, Dispute Resolution, Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Montana. Should a dispute arise
regarding the terms of this Agreement, the Parties shall first enter into good faith discussions
in an attempt to resolve the dispute. Should the dispute result in litigation, the Parties agree
that proper venue lies in the Montana 13`s Judicial District Court, Yellowstone County.
8. Entire Agreement. This Agreement embodies the entire understanding between the Parties
with respect to the specific subject matter hereof, and no prior oral or written representation
shall serve to modify or amend this Agreement. This Agreement may not be modified except
by action of all three governing bodies.
9. Termination. Any Party may terminate this Agreement for any reason when its governing
body adopts a resolution for termination, and it serves ninety (90) days advance written notice
of the intent to terminate on the other Parties.
10. Authorized Signatures. The Parties represent and agree that the persons signing this
Agreement have authorization to bind their respective governmental entities to the terms of
this Agreement and that this Agreement is not valid and enforceable until all Parties have
signed.
ATTEST:
/M4 .iW__5.
�V r ,
ATTEST:
CITY OF BILLINGS, MONTANA
By:
MAYOR
Date:
CITY OF LAUREL, MONTANA
By: w'
MAY R?
Date:
Memorandum of Understanding Regarding HB 121 - Page 4 of 5
By:
CITY CLERK
ATTEST:
By:
BOARD OF COUNTY COMMISSIONERS
YELLOWSTONE COUNTY, MONTANA
By:
COUNTY CLERK AND RECORDER
Memorandum of Understanding Regarding HB 121 - Page 5 of 5
MEMORANDUM OF UNDERSTANDING
REGARDING HB121
This Memorandum of Understanding ("Agreement") is entered into between Yellowstone
County("County"),the City of Billings("Billings")and the pity of Laurel("Laurel') (collectively"the
Parties") for purposes of creating and implementing processes and procedures for complying with
requirements set forth by the Montana Legislature in the laws collectively known as House Bill 121
("HB121") during the 2021 Legislative session.
WHEREAS, the County, Billings and Laurel are parties to the agreement that creates the
multi-jurisdictional service district created to provide health services and health department functions
known as the"Interlocal Agreement;"
WHEREAS,by virtue of HB121,the Parties are subject to various rights and responsibilities
created by the Interlocal Agreement;and,
WHEREAS,it is the intent of the Parties to comply with HB121 and to set forth as clearly
as possible the methods of doing so for each as well as for the Parties collectively;
THEREFORE,this Agreement sets forth the following terms pursuant to which the County,
Billings and Laurel shall agree:
1. Definitions: This Agreement shall be subject to the following definitions:
(a) "Local Governing Body"shall refer to elected officials governing Yellowstone County(Board
of County Commissioners),the City of Billings (Billings City Council),and the City of Laurel
(Laurel City Council),respectively.
(b) "Local Governing Authority" shall refer to a subset of the Local Governing Bodies that is
constituted and empowered to provide oversight and approval of certain Health Office and
Board of Health recommendations as required under HB121 and as set forth herein.
2. Composition.of and action by the Local Governing Authority.
(a) The Parties agree that, using the proportions described in the Interlocal Agreement, a five-
member Local Governing Authority will be createdIwithin one(1)month of the effective date
of this Agreement. Composition of the Local Governing Authority shall be as follows:
o Two (2) members appointed `by the Yellowstone County Board of County
Commissioners;
o Two(2) members appointed by the Billings City Council;and,
o One (1) member appointed by the Laurel City Council.
(b) The Parties agree that each member of the Local Governing Authority must be currently
seated,elected members of the Local Governing Body that appoints them.
Memorandum of Understanding Regarding HB121 -Page 1 of 5
(c) Each Local Governing Body has the sole appointment and removal authority for members of
the Local Governing Authority.
(d) Each appointed member of the local governing authority shall be appointed for a three (3)
year term.
(e) In the event that a.Local Governing Body has one or more unfilled position(s) on the Local
Governing Authority,then the Local Governing Authority shall continue to operate, subject
to the terms of the quorum requirement that follows.
(f) A quorum of the Local Governing Authority shall be established by the presence of a majority
of appointed members at any meeting.
(g) The Local Governing Authority shall have a chairperson for purposes of meeting management
and logistics. The chairperson shall have no special powers or authorities different from or
greater than any other member. The chairperson shall rotate each calendar year,starting with
a representative of the County,followed by a representative of the City of Billings, and then
followed by the representative of the City of Laurel. The rotation cycle shall then repeat.
(h) The Local Governing Authority shall meet on an as-needed basis and may take action through
an in-person meeting or an electronic meeting(e.g.,telephone or computer)subject to all open
meeting requirements. The chairperson,as part of his/her management and logistics function
shall determine the manner of meeting or acting for each time a need for local governing
authority discussion or action is required. The chairperson is responsible for ensuring proper
public notice is made of any and all meetings of'`the Local.Governing Authority and that
minutes are recorded,as necessary. I;
(i) So long as a quorum is present,actions of the local governing authority shall be determined
by a simple majority vote of those present.
3. Issues Requiring Action by the Local Governing Authority.
(a) Appointment of a new Health Officer. Upon determining the need for a new Health Officer,
the Board of Health shall make its recommendation to the Local Governing Authority,which
shall act to approve or disapprove the recommendation after conducting a public.meeting. In
the event that there is not a Health Officer in place at the time of the recommended
appointment,then the person recommended by the;Board of Health for appointment may fill
the role until such time as the Local Governing Authority acts.
(b) Approval of new local public health rules. Any proposed new local public health rules shall
be developed and vetted by the Health Officer and Board of Health. When the development
process is complete, then the Board of Health or Health Officer shall notify the Local
Governing Authority that a decision is needed,and a public meeting shall be arranged by the
chairperson. The Local Governing Authority will then act to approve ordisapprove the
proposed local public health rule.
Memorandum of Understanding Regarding HB121 -Page 2 of 5
" I
(c) Approval of revised local public health rules. If'the Health Officer and Board of Health
determine that an existing rule needs to be modified, then they shall develop and vet the
proposed revisions. When the development process is complete,then the Board of Health or
Health Officer shall notify the Local Governing Authority that a decision is needed, and a
public meeting shall be arranged by the chairperson.The Local Governing Authority will then
act to approve or disapprove the proposed local public health rule. In the event that the Local
Governing Authority disapproves the proposed revision,then any existing local public health
rule shall remain in effect.
(d) Approval of fees proposed for adoption by the local governing body to administer regulations
for the control and disposal of sewage.from privateIand public buildings and facilities.
•
4. Issues not Subject to Local Governing Authority Approval.
(a) The Parties wish to clarify that the purpose and scope of this Agreement, and of the Local
Governing Authority, is to comply with the terms of HBI21. Therefore, it is necessary to
explicitly state some, though not all,, of the issues that will not be addressed by the Local
Governing Authority.
(b) HB121 states that "(i)t is not a purpose of this chapter to hinder, slow, or remove
nonemergency-related powers granted to a local board of health." [HB121, section 2.]
Therefore, the local governing bodies have determined that the following activities and
authorities are not subject to approval by the local governing authority:
o Completion of and action on authorized inspections (e.g., food service inspections,
public accommodation inspections, etc.), including issuance or denial of permits or
licenses resulting from such inspections.
o Issuance of quarantine and/or isolation order to individuals consistent with state law
and regulations governing the control of communicable diseases.
o Issuance of public health guidance for matters such as but not limited to emerging
infectious diseases, food supply warnings; and recalls, water supply warnings and
recalls,etc.
o Time-sensitive actions required to protect the public,such as but not limited to closing
an unsanitary restaurant or preventing the sale of a potentially spoiled food after a
truck wreck.
o Approval of fees establishedunder authority of the Board of Health unless otherwise
specified in this Agreement.
5. No Creation of Entity. Hold Harmless; This Agreement does not create any relationship
whereby the Parties create any governmental or non-governmental entity outside of the scope
described herein. This Agreement shall not be construed to create, either expressly or by
implication, the relationship of agency between the County, the City of Billings and/or the
City of Laurel in any manner in relation to the subject matter of this Agreement, and none
shall be liable for the acts, errors, or omissions of the others entered into, committed or
performed with respect to or in the performance iof this Agreement. Each party agrees to
indemnify and holds the others harmless against any claims arising from the acts, errors or
omissions of its employees,appointees or agents.
Memorandum of Understanding Regarding HB121 -Page 3 of 5
is
6. Legal Compliance. Each Party agrees to be solely responsible for compliance with all laws,
rules and requirements of each entity and agrees to abide by them as part of the Local
Governing Authority.
7. Governing Law, Dispute Resolution.Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Montana. Should a dispute arise
regarding the terms of this Agreement,the Parties shall first enter into good faith discussions
in an attempt to resolve the dispute. Should the di6pute result in litigation, the Parties agree
that proper venue lies in the Montana 13th Judicial District Court,Yellowstone County.
8. Entire Agreement. This Agreement embodies theentire understanding between the Parties
with respect to the specific subject matter hereof,and no prior oral or written representation
shall serve to modify or amend this Agreement. This Agreementmay not be modified except
by action of all three governing bodies.
9. Termination. Any Party may terminate this Agreement for any reason when its governing
body adopts a resolution for termination,and it serves ninety(90)days advance written notice
of the intent to terminate on the other Parties.
10. Authorized Signatures. The Parties represent and agree that the persons signing this
Agreement have authorization to bind their respective governmental entities to the terms of
this Agreement and that this Agreement is not valid and enforceable until all Parties have
signed.
-. : CITY OF BILLINGS,MONTANA
dee_
1311 : �A .' A. .4 1 / . /L.. I . l MAYOR
-J s Ca ( exi_
Date: /Z —/9- Z 2--
ATTEST:
By '/..�1/_ , J4 .2 . .
7 If` < LERK
CITY OF LAUREL,MONTANA
ByN: `‘.
MAY R
Date: I'3 22-'
ATTEST:
Memorandum of Understanding Regarding HB121 -Page 4 of 5
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By:
' TY CLERK
BOARD OP COUNTY COMMISSIONERS
YELLOWSTONE COUNTY,MONTANA
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ATTEST:
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By:
COUNTY CLEF -4
AND RECORDER 4
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Memorandum of Understanding Regarding HB121 -Page 5 of 5
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