HomeMy WebLinkAboutCouncil Workshop Minutes 06.24.2014 MINUTES
COUNCIL WORKSHOP
JUNE 24, 2014 6:30 P.M.
COUNCIL CHAMBERS
A Council Workshop was held in the Council Chambers and called to order by Mayor Mark Mace at
6:30 p.m. on June 24, 2014.
COUNCIL MEMBERS PRESENT:
_x Emelie Eaton _x Doug Poehls
x Bruce McGee _x_ Richard Herr
x Chuck Dickerson Scot Stokes
s Tom Nelson x Bill Mountsier
OTHERS PRESENT:
Heidi Jensen, CAO Iry Wilke
Monica Plecker, Planning Director Dan Koch
Jean Kerr, City Judge
Public Input (three - minute limit):
Iry Wilke, 1017 7 Avenue, recently received an email that Steve Krum sent to Terry Smith, the Big
Sky State Games shooting event coordinator, telling him that the Laurel Rifle Club would not put on
the small bore and three- position shooting event that was previously requested.
Iry received a letter from Kevin Zard asking for the Brotherhood of the Locomotive Engineers Union
to do another trap shoot on Tuesday, August 19, 2014, from 10:00 a.m. to 7:00 p.m. A formal request
will be submitted to the council soon.
General items:
• Laurel Ambulance Service: Appointment of Beth Olsen
The appointment will be on the July 1S council agenda.
Executive Review:
• Resolution — 5311 & TransADE Operating FY15 Contracts
• Resolution — Contract with Sanderson Stewart for a Traffic Study in the TIF District
Monica Plecker explained the two resolutions to accept grant funding from the Montana Department of
Transportation related to the city's annual grant for the transit service.
The first resolution is for general operation funds. Monica explained that the bottom line is about
$35,000 less than previous years. Rather than allowing communities to receive the maximum amount
and not spend it, this year MDT wanted to give communities a five -year average of what their transit
systems have been spending in the operation grants and an additional 10 percent. In the past, Laurel
has received $100,000, but the city has never used $100,000 to operate the transit system. It also said
that the city would provide $40,000 in match, which has never been done. This contract actually
requires about $24,000 worth of local match, which is closer to the actual figure that includes in -kind
contributions and money from the General Fund. This number is a fairer picture of the money it takes
Council Workshop Minutes of June 24, 2014
to operate the transit grant annually. If there were some major mechanical issues with the buses and
more money is needed, the second resolution gives TransADE funds in the amount of $8,316. This is
specifically for 5311 recipients, which is disabled and elderly service providers. The city would also
have a contingency fund through the TransADE grant for an additional $8,300. Even though the
numbers are different than in previous years, Monica stated that there is no reason to be alarmed.
Bill asked if Monica was happy with this even though it has been reduced.
Monica stated that, at a recent MDT meeting, MDT explained the need to actually grant amounts
closer to what the bus systems are using for their budgetary purposes and to free up money to allocate
toward newer programs. The amount is 10 percent over the city's five -year average of use and the
TransADE funds would be available. The resolutions are just for the operating funds for the transit
system and not related to the city's request for a bigger van.
• Resolution — Contract with Sanderson Stewart for a Traffic Study in the TIF District
Monica stated that the TIF District is becoming increasingly active and is in the middle of a planning
process with Sanderson Stewart for a comprehensive planning effort for the TIF District. There are
several deficiencies related to traffic in the district. One example of a deficiency is that Southeast 4
Street has no striping. Monica explained that a road cannot be striped without some science behind it.
The striping would be a small portion of this project. The TIFD also proposes to look at some of the
key intersections within the district at a different level than the Transportation Plan that was completed
in April. They will review intersections that were not considered in the Transportation Plan, will do a
deeper analysis of the functioning of pedestrian crossings, etc., and provide more detailed information
specifically for the TIF District.
Monica stated that some changes will be made in this contract before next Tuesday. The contract is for
$15,700 but will be decreased because the Transportation Plan looked at two of the proposed
intersections, specifically East Railroad Street and First Avenue, and East Main Street and First
Avenue. Since the Transportation Plan included a high level analysis of these two intersections and
recommendations for the intersections, Sanderson Stewart agreed to just reference the Transportation
Plan and lower the price for the contract.
There was discussion regarding the daily traffic jam at the off ramp of the interstate. Monica explained
that the intersection is outside the TIF District, but the level of service, volume and capacity concerns
were included in the Transportation Plan. Her recollection was that the on and off ramps function on
an average level in the AM hours but they are either D's or failing in the PM hours. The information is
available in the Transportation Plan.
Emelie asked how the study and the findings would influence the traffic.
Monica explained that the TIF District is becoming more active because it is scheduled to sunset in
2022. The TIFD has paid down substantial debt and continues to capture tax dollars each year, and it
is important to reinvest the money into the district for the community and the business community. It
will provide the business district with important information on how to keep developing the
transportation network in order to keep things moving safely and efficiently for all modes of
transportation. The traffic study will also identify transportation related projects that the TIFD funds
could be used to complete.
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Council Workshop Minutes of June 24, 2014
Emelie stated that the study includes the south portion of the TIF District. She asked if there had been
consideration regarding the striping and diagonal versus curbside parking issues in the north part of the
TIF District.
Monica stated that the issue was not included in this proposal, but she could ask Sanderson Stewart to
include that element if the council wanted, as this would be the time to do so. She could ask Sanderson
Stewart to include it as part of the proposal that will be available on Thursday, or the issue could be
delayed until the next meeting.
There was discussion regarding the traffic issues on the south side when the refinery employees get off
work. This traffic study cannot address the issues. In the Transportation Plan process, staff met with
the refinery and the refinery was asked to inform the city as they make long -term plans.
The contract for the traffic study will be paid with TIFD funds.
Tom stated his agreement with Emelie that the issues should be addressed within the whole TIF
District.
• Discussion — Community Hope's request
Monica explained that a variance request was presented to the council last December, as Community
Hope wanted to construct some extra building space for storage. Through some research, the council
included a list of conditions of approval before Community Hope could actually receive the permit.
Community Hope has talked with her and written a letter about their concerns with some of the
conditions. The item that was conditioned is a 6 -foot solid cedar fence that should be provided from
both sides of the back building line to the alley and along the alley. This was actually a condition
placed on Community Hope in the 1990's that had not been done, so the council took the opportunity
of this variance to impose that.
Community Hope wrote a letter stating that they would like to appeal condition of approval number 6,
which has two subsequent conditions, numbers 7 and 8, which are that the alley fencing must allow for
dumpster access and that a drive - through gate shall be provided on the north end of the alley fence. If
there are no fence requirements, those two conditions would not need to be provided. Monica
explained that, if the council would like to move forward in reconsidering this, there would be a
resolution to amend the conditions of approval. Community Hope feels that the condition would
provide more harm than good, as stated in the letter (attached).
There was discussion regarding the need for the council to view what the condition requires
Community Hope to do and concerns about debris in yards and methods to contain debris.
Monica stated that she would willingly provide the requested information at a future council workshop,
including the original resolution granting the variance with the conditions of approval and information
from Community Hope with regard to how often the volunteers clean up the area.
There was a question regarding whether the Planning Board should reconsider the request.
Monica explained that the issue went through the Planning Board's process, but because it is an appeal
and the council is the appeals board, it goes before the council. She keeps the Planning Board
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Council Workshop Minutes of June 24, 2014
informed as things develop, but the Planning Board is not required to weigh in on an additional
recommendation.
There will be further discussion at the July 8 council workshop.
• Resolution No. R14 -39: Wage increase for the City Judge
Emelie stated that, in reviewing the letter that was presented, it seemed that there were about five
different issues that were being addressed and that other matters are continuing to come up. Before
discussing a wage increase, she asked whether or not there is a procedure in place to address staff
communication problems, as that seems to be the root of a lot of the problem.
Heidi explained that the city contracts with Avitus Group as the human resource consultants. They are
available on an on -call basis and HR matters are referred to them. The city has also used Avitus Group
to review contracts, job descriptions, and other things. That is the employee resource if it is something
that is not specifically addressed to come to the CAO's office.
Emelie asked how matters get passed to Avitus Group. She stated that Judge Kerr's letter was less
about a wage increase and more about all sorts of different matters that had been simmering under the
surface. She asked how an employee of the city accesses this resource.
Heidi explained that an employee can contact Avitus Group, but the city has asked them to talk to her
first so she can contact them and bring them in as a third party. Heidi stated that Avitus Group is an
available resource for any employee to call on their own, and there is a difference between an
employee and an elected official.
Tom spoke regarding LMC 2.12.100, which states that the council should determine by ordinance or
resolution the salaries and compensation of elected and appointed city officers and all city employees.
He suggested that the council should review this prior to the election years to determine whether or not
the wage for an elected position should be changed. Then prior to the election cycle, anyone interested
in filling the position would know the salary for the four -year period.
Emelie mentioned that Doug requested copies of the ordinance pertaining to this matter.
Jean Kerr stated that she had copies, and she distributed copies of the ordinance and other information
at this time.
Jean stated that the ordinance talks about a resolution. She spoke about two letters, one from Sweet
Grass County Justice of the Peace Jessie Connolly and one from Judge Snowberger in Belgrade. Judge
Connolly's letter clarified information about judge's salaries and performance evaluations. Copies of
the letters are attached to these minutes.
Jean also distributed copies of Resolution No. R12 -60, the wage increase for 2012, and the draft of the
resolution for a wage increase presented at the last council workshop.
Jean stated that, along with her discussion with the judges, they also talked about precedence that was
set. Ever since she has been here, precedence is that unless she came before the council and requested
a different wage increase, she was always given insurance and the cost of living raise, which was
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Council Workshop Minutes of June 24, 2014
always retroactive. In 2012, when it was determined that she was very low on the pay scale with other
courts of similar jurisdiction, her salary was brought up to a mid -level amongst all the courts. She
stated that the wording for retroactive pay was left out of the 2012 resolution. It was passed on August
21S 2012 and was not retroactive back to July. When she questioned that, she was told that was the
way it was written. Jean stated that she was told that this would be something that could be concerned
as far as precedence not being followed and a concern that could possibly open up the door for
discrimination.
Jean stated that she feels the budget procedure changed this year, as it used to be that things would be
presented and then staff talked and ironed things out. This year she was the very last person at this
budget and then the very next issue was to pass the Management Budget. She had asked for a big
request and wanted to open up the door to talk about changing the ordinance to a base salary and
longevity. The June 18 newspaper included an article about the salary for the Justice of the Peace,
which is tied by law directly in correlation to the district court's clerk's wage. The base salary for the
Justice of the Peace position in Billings is $63,165. Judge Hernandez has maxed out his longevity at
$20,572, for a salary of $83,737. Judge Carter, who is new this year, starts out at the base salary of
$63,000 and then it goes up as he has longevity. Jean stated that the base salary and longevity would
be conducive to budgets. She did not ask for her whole retroactive longevity because it would be over
$12,000, but she did ask for the last four years. She stated that her wage is always open to the public.
She does not know what the wage increases were in the management budget, but she noticed that the
attorney was awarded a $3,400 increase. Jean stated that she thinks this issue is worth a conversation
and that the possibility of rewriting the ordinance should be considered. If it takes a few months until
things are done, it should be retroactive to the new budget and not what happened in 2012.
Chuck stated that wage increases were given in 2012 and 2013 and she is asking for an increase again
this year. He questioned if she would ask the council for a wage increase for the next three years of
her current term.
Jean stated that she has asked for raises in the past, but not every year, and this is her 17 year.
Chuck questioned if the council would be asked to look at wage increase requests in 2015, 2016 and
2017.
Jean stated that she thinks that it would be appropriate to do so. She thinks it is time to look at a
different ordinance that includes longevity, and then there would be no reason to unless the minimum
salary would be deemed to be too low ten years down the road.
Chuck asked how she felt about an ordinance like Councilman Nelson suggested setting the salary for
a four -year term prior to an election.
Jean stated that it would not be an issue if there were a base salary and longevity, but the ordinance
would have to be rewritten.
Chuck mentioned that the letter from Sweet Grass County on. June 24t said that "the checks and
balances between these branches coupled with the public vote serves as the performance evaluation of
judges." He stated that, if there is only one individual on the ballot running for election and the public
votes for them, it is not so much checks and balances or what the public thinks. The public does not
write in names. It was the same way four council members got re- elected to the position, as theirs were
the only names on the ballots. Chuck stated that the city has a CAO that the council puts a lot of faith
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Council Workshop Minutes of June 24, 2014
in regarding the budgets and information, and he thinks the council needs to consider, with due respect,
the statement and information presented by the CAO.
Jean responded that it is not her fault if no one chooses to run against her, just like it is not if someone
in each ward does not have opposition. She ran for election because of an incident and she thought she
could do the job better. She has been told that she cannot be evaluated because she is elected, but that
cannot be a reason not to look at the position realistically. Court is open to the public and no one has
been asked to leave. Jean stated that it may be time for change, as the city has been changing. If the
town is evolving, so is the court.
Emelie stated concern with regard to the timing of this request versus the budget and whether or not
there is any leeway to grant an increase in the budget. She understands the need to consider an
alternate wording in the ordinance, but it seems to fly in the face of the procedure with regard to the
budget.
Heidi explained that the council recently adopted the Management Budget, which goes into effect on
July 1st, and is used to keep the city going. In the second paycheck of July, all employees will receive
the increase established for the year. In the past when the budget was adopted in September, the wage
increases were retroactive to July 1s The final budget that goes to the State is adopted in September,
after the revenues have been received from the State. Heidi stated that there is leeway between now
and when the actual budget is adopted in September, but changes usually result in going into reserves
and require a budget amendment after the budget has been adopted.
Emelie asked if there is ever a perfect time to ask for a substantial increase in a particular budget in a
departmental budget.
Heidi responded that it is preferable before July 1" so it can be calculated into the next fiscal year's
budget.
Emelie asked if it could be planned for the 2015 -2016 budget if discussion goes forward regarding
rewording the ordinance to include a base salary and longevity and the verbiage did not affect this
year's budget.
Heidi said yes and stated that the verbiage needs to specifically state whether or not the increase is
retroactive to July 1st
Mayor Mace asked which fund pays the judge's salary and if there is money in the fund to do so.
Heidi answered that the judge's salary is paid out of the General Fund. The General Fund always runs
in the red, so the city has to dip into reserves to balance the General Fund. The city tries to keep the
reserves around 20 percent, so it operates with three months' worth of money in the bank.
Mayor Mace asked which departments are paid out of the General Fund.
Heidi responded that the fire, ambulance, police, court, clerk's office, part of planning, all of building,
part of the CAO, and a smattering of public works employees are paid out of the General Fund. All
employees except for those that work specifically for enterprise funds come out of the General Fund.
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Council Workshop Minutes of June 24, 2014
There was further discussion regarding the management budget, whether the budget was balanced,
whether it included the salary increase for the city judge, and the need for council discussion regarding
the compensation ordinance and possible longevity for the elected mayor and council members.
Mayor Mace stated that negotiations regarding salaries have not been completed with either union at
this point.
Jean questioned why the management budget was already passed if settling with the unions is the big
consideration.
Heidi explained that the CBA's (collective bargaining agreements), are for three -year terms. The
CBA's should be open for less than one year so the city can budget for the next three years. With 303
closed but not signed, the city can anticipate the wages. A lot of the 316 employees come out of the
Enterprise Funds, so that is easier to budget. The unions require a certain process, as does the request
for an increase in the judge's salary.
Emelie asked for clarification whether the judge's salary increase was included in the management
budget.
Heidi stated that the judge requested the $5,500 increase in her budget, so that is what was put in the
management budget and the resolution.
Emelie asked if this management budget is considered to be a balanced budget.
Heidi stated that it is balanced as much as it can be without the additional tax revenue coming in from
the State, as staff does its best to anticipate what the revenues will be for the year.
• Ordinance — Update Ordinance No. 007 -03, LMC 12.18.6, Insurance for Special Events
Heidi explained the need to update the ordinance requiring insurance for special events. The city's
current ordinance requires liability insurance of $750,000, but MMIA actually requires the city to have
$1 million per occurrence and $2 million aggregate for special events.
• Council Issues:
o Lease Task Force update
There was no discussion.
o Update on 2011 Yellowstone River flooding event
Heidi spoke regarding today's conference call with FEMA. The first thing discussed in the conference
call was tying the recent emergency work with the riprap back to the 2011 flooding event. Chad
Hanson, Great West Engineering, and Heidi did the conference call together. They explained to
FEMA that the project had never actually closed so the city can tie it back to the incident in 2011.
Since there was additional revenue as the project came in under budget, the city should be able to use
those funds for the work. Great West send some information to FEMA. With the Environmental
Assessment, FEMA has requested additional information and wanted the city to explore the weir and
dike that could never be permanent. The information has been submitted and FEMA has reviewed.
Today FEMA asked if the project is behind schedule, and Great West diplomatically agreed. The city
hoped to be in construction in October, but that cannot happen with the delay on the EA on FEMA's
7
Council Workshop Minutes of June 24, 2014
end. However, by the construction done on the south bank last fall, work can be done in very cold
weather, so Heidi is hopeful it will get done sometime this year.
Other items
Emelie mentioned that the grass is tall in the area between Redneck Pizza and the railroad tracks and
between the railroad tracks and Railroad Street. She asked if Public Works would address that or if
there was a reason it was growing out.
Heidi stated that this is railroad property. Code Enforcement Officer, Keith Kolstad, has been in
contact with the railroad about mowing the grass. She will ask Keith to send a follow -up letter
tomorrow.
Emelie mentioned that the area around the former asphalt plant is also shaggy and asked that it be
included in the request to the railroad.
Tom mentioned that someone in the audience is interested in the buildings in the park, and he asked for
discussion and information regarding the park buildings at a council workshop in the near future, if
possible. He stated the need for discussion regarding the council's position on the buildings, whether
or not to restore the buildings, and the costs to do so.
Review of draft council agenda for July 1, 2014
There was no discussion.
Attendance at the July 1, 2014 council meeting
All council members present will attend.
Announcements
Emelie asked that a report on the Park Board's recent discussion regarding uses for Riverside Park be
scheduled at the same time that Tom's request for discussion regarding the park buildings is on a
council workshop agenda.
Mayor Mace invited everyone to an ice cream social on Thursday at 6:00 p.m. at the Town Square.
Heidi explained that the ice cream social goes with the contract with Sanderson Stewart to provide
some economic planning efforts in the TIF District. The event was advertised in the newspaper and
postcards were distributed at Rock the Block last Friday. People are encouraged to attend to talk about
economic growth for the TIF District.
The council workshop adjourned at 7:50 p.m.
Respectfully submitted,
Cindy Ail
Council Secretary
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the
listed workshop agenda items.
8
HOPE, INC.
COMMUNITY
Box 524 •204 Cedar Ave. (406) 628 -7281
..aurel, MT 59044 community.hope @yahoo.com
`
City of Laurel )
Mayor Mike Mace ) , i ? i r,; 2014 i
City Council Members �' I
I _
Laurel, Mt 59044 CITY O r r +_..
Dear Mr. Mayor & City Council Members:
The Community Hope Board and the Director are requesting an official appeal of
Resolution R13 -95, Variance LMC 17.56.030, and conditions numbered 6, 7, & 8, dated
December 3, 2013. These conditions were originally initiated during a city council
meeting on March 1, 1994 during the initial construction and planning of Community
Hope.
The current Board of Directors had no prior knowledge of these conditions, or why they
were never completed during the building of Community Hope. The conditions
requesting appeal from the December 3, 2013 meeting are as follows:
#6 A six foot, solid cedar fence shall be provided from both sides of the back
building line to the alley and along the alley.
This condition would provide more harm than good in the following ways:
- it would not allow for ample parking for the volunteers
- it would restrict access for the delivery and pick up of food
- it would restrict access for the recycling agency
- removal of snow would be almost impossible
- it would limit the access for the police and fire departments in an emergency
and or burglary
- it would increase the amount of dumping of items over the fence
- access for the city garbage truck
- a sight hazard, not being able to see clearly
- garbage and leaves will continue to blow and be stuck under the fence
These are only a few reasons stating the harm the fence will provide Community Hope.
If # 6 is removed as an original condition, there will be no reason for conditions 7 and 8
to remain as part of the variance, since they are conditions of each other.
Community Hope has no intention of limiting access, or blocking the area running on the
north side of the building; therefore access will still be possible.
OUR MISSION: Community Hope is a non-profit organization serving the people of Laurel
and the outlying areas by assisting them with basic living necessities during times of need.
COMMUNITYHOPE, INC.
P.O. Box 524 •204 Cedar Ave. (406) 628 -7281
Laurel, MT 59044 community.hope @yahoo.com
The Board of Directors understands the reason the original conditions were issued, the
City Council Members of 25 years ago were concerned that Community Hope would
draw in a Transient Traffic, with a building that was isolated with no neighbors. We
assure the Council that in the 25 years we have not had any issues of this kind.
We respectfully request you grant our appeal
Sincerely
a n �
Lisa Foreman
Director
Mike Gradwohl Donna Kappel
,i327
President Board Member
Doris Hill Annette Behm f
Secretary Board Member
Carol Hill Maryanne Morganstern
as 6 14' ( R-
Treasurer
Treasurer Board Member
Janice Le an - Peggy Cook
oard Member Boarcl'15Glber
OUR MISSION: Community Hope is a non-profit organization serving the people of Laurel
and the outlying areas by assisting them with basic living necessities during times of need.
f ' 2.68.130
2.68.090 City judge qualifications. 2. Interested in a case;
A. No person is eligible for the office 3. The spouse of or related to either
of city judge unless prior to filing the oath party in a case by consanguinity or affinity
e of o ffice with the county clerk is either: within the sixth degree; or
r 1. An attorney at law authorized to 4. Sick, absent, or unable to act.
i, -, . ; practice law in the state; B. The city judge may call in a city
2. A person who has held the office of judge, justice of the peace, or some quali-
city judge within the preceding five years; fied person to act in his stead when a dis-
or qualifying affidavit is filed against him pur-
3. A person who has completed the suant to the supreme court's rules on
orientation course of study held under di- disqualification and substitution of judges.
- rection of the supreme court or has been C. A city judge of any city or a justice
, T. excused by the supreme court. of the peace of any county may sit as a city
B. No person is eligible for the office of judge at the city judge's request.
city judge who upon filing for office shall D. No person may serve as a substitute
not meet the residency requirements as for city judge unless he has a certificate of coin-
....
:' - the office of mayor under 7-4-4301, MCA. pletion of a course of education and train -
C. No city judge may assume the func- ing prescribed by the commission on courts
tions of his office unless he has filed with of limited jurisdiction under 3 -1 -1502, MCA
the county clerk and recorder a certificate or has been given a waiver and temporary
of completion of a course of education and certificate by the commission on courts of
training prescribed by the commission on limited jurisdiction. (Ord. 931 (part), 1988:
courts of limited jurisdiction under 3 -1- prior code § 2.16.090)
1502, MCA. (Ord. 931 (part), 1988: prior
code § 2.16.080) 2.68.120 City judge— Authority to w
collect fines. 70
m
+ #_ 2.68.100 City judge Salary. The city judge shall collect all fines, Z
The annual salary of the city judge shall costs and forfeitures that accrue to the city m
be set by city council by resolution, paid on ), cases tried or disposed of in city court.
the regularly established paydays of the city, He shall give a receipt therefor to the person 0
- and include the fringe benefit of regular paying the same, and pay the collected mon- y
group health coverage supplied to other eys to the city clerk- treasurer. (Ord. 97 -2 § 4 m
city employees. (Ord. 06 -09, 2006: Ord. 04 -7, (part), 1997; prior code § 2.16.100)
2004: Ord. 01 -1, 2001: Ord. 99 -26, 1999:
- Ord. 96 -4, 1996: Ord. 94 -19, 1994: Ord. 2.68.130 Disposition of fines.
1081, 1993: Ord. 1039, 1992: Ord. 979, 1990: All fines, costs and forfeitures that ac-
' Ord. 889, 1986: prior code § 2.16.120) crue to the city from cases tried or disposed
(Ord. No. 008 -01, 2- 19 -08; Ord. No. 009- of in the city court shall be deposited in the
03, 3-17-09; Ord. No. 009 11, 12-15-09) general fund. (Ord. 1014, 1992: prior code
§ 2.16.110)
2.68.110 Substitute judge when.
A. The city judge or mayor may call in
a city judge, a justice of the peace, or some
qualified person to act in the judge's place
whenever the judge is:
1. A party in a case;
53 Supp. No. 8
06/24/2014 16 :18 406 SWT GRASS CNTY COURT PAGE 01/01
Sweet Grass County Justice ct the Deace/ [31l Timber City Judo°
Jessie Connolly Phone # (406) 932 -5150
P.O. Box 1432 Fax # (406) 9325433
Big Timber, MT 59011 e-mail: jconnolly2 mt.gov
June 24, 2014
To Whom It May Concern:
I have served as Sweet Grass County Justice of the Peace and Big Timber City Judge for the
last 16 years. This spring, Judge Snowbcrgcr from Belgrade City Court and T presented
information at a training for city management. We also fielded questions from the floor.
We were asked questions about judges' salaries and about p:rforrnance evaluations for
judges, I want to clarify information we gave.
The question about salaries referenced how to reduce a judges' salary midterm, The answer
we gave is "you cannot ". We had further discussion about being specific when negotiating a
contract at the beginning of a term. Some judges are elected officials, however, and do not have
the same contract negotiation process. At no time did we say that city judges are prohibited from
receiving a raise midterm.
The question about perforrnance evaluations was asked more than once. The answer was the
same each time, "you cannot ". Whether elected or appointed, city judges are a separate branch of
government from city managers and mayors. The checks and balances between these branches
coupled with the public vote serves as the performance evaluation of judges.
Thank you for your time. Feel free to contact me with any questions or concerns.
Sincerely,
4 4/a e: tfL,
Jessie Connolly
Justice of the Peace, Big Timmer. City Judge
Kerr, Jean
From: Snowberger, Michele
Sent: Tuesday, June 24, 2014 5:09 PM
To: Kerr, Jean
Subject: Letter
Jean,
I wasn't able to write a letter. I ran out of time because of a late hearing and I am not able to stay late. I am
willing to come and discuss these issues at any time.
Michele
Michele L. Snowberger
Belgrade City Court Judge
91 E Central
Belgrade MT 59714
406.388.3774
406.388.3779, fax
msnowberge rP mt.gov
Emails are subject to Montana's right to know law (Article II Sec 9, Montana Constitution) and may be considered a public record
( §2 -6 -202, MCA). But, this email may contain confidential and privileged information. If this email was not meant for you, Do NOT
read, copy, or disseminate it. If you were sent it by mistake, please let me know and destroy it.
1
r
RESOLUTION NO. R12-60
A RESOLUTION ADOPTING AND APPROVING A WAGE INCREASE
FOR THE CITY JUDGE FOR THE CITY OF LAUREL.
WHEREAS, the Laurel Municipal Code requires the salary for the City Judge to be
set by resolution of the City Council; and
WHEREAS, the City Council considered a salary increase request for the City
Judge position; and
WHEREAS, based on the increasing workload, the Council finds it appropriate to
raise the salary for the position.
BE IT HEREBY RESOLVED by the City Council of the City of Laurel, Montana,
that the City Judge's salary shall be increased to $38,480.00; and
BE IT FURTHER RESOLVED, that the new salary shall be incorporated into the
City's annual General Fund budget.
Introduced at a regular meeting of the City Council on August 21, 2012, by Council
Member Poehls .
PASSED and APPROVED by the City Council of the City of Laurel this 21 day
of August, 2012.
APPROVED by the Mayor this 21" day of August, 2012.
CITY O LA '
enneth E. Olson, Jr., M:
ATTEST:
1 Cl. LL (_CO L(--)
Shirley Ewan, Clerk- Treasurer
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Elk River Law Office, P.L.L.P.
R12-60 City Judge Wage Increase