Vote.

Jesus, I didn't, we didn't vote already.

Could Commissioners please vote?

Are we able to pull that up?

Okay.

Oh, there we go.

Okay, new would anyone like to change their vote?

Clerk, please record the vote.

7 yay 0 nay.

Seven 7 yay 0 nay motion passes.

Now moving on to item number one, resolution number 2025-36.

Clerk, please read the caption.

A resolution establishing the method of levying voted mills as required by laws 2025, Chapter 674 and 767 passed in the 69th Montana legislative session for 15-90 search and rescue and providing for an effective date herein.

Commissioner Thatcher.

Thank you, Chief Secretary Gallagher.

I move to place resolution number 2025-36 on final reading and passed, having been deemed fully read at length.

We have a motion and second placing resolution number 2025-36 on final reading.

Is there anything on the question?

Could Commissioners please vote?

And would anyone like to change their vote?

Clerk, please record the vote.

7 yay 0 nay.

700 nay motion passes.

Moving on to item number two, resolution number 2025-37.

Clerk, please read the caption.

A resolution establishing the method of levying voted mills as required by laws 2025, Chapters 674 and 767, passed in the 69th Montana legislative session for Melrose Volunteer Fire District and providing for an effective date herein.

Commissioner Thatcher.

Thank you, Chief Secretive Gallagher.

I move to place resolution number 2025-37 on final reading and passed, having been deemed fully read at length.

We have a motion and second place and resolution number 2025-37 on final reading.

Is there anything on the question?

Could Commissioners please vote?

And would anyone like to change their vote?

Clerk, please record the vote.

7 yay 0 nay.

7 Yay 0 nay motion passes.

Moving on to item number 3, resolution number 2025-38.

Clerk, please read the caption.

A resolution establishing the method of levying voted mills as required by laws 2025 and chapters 674 and 767 passed in the 69th Montana legislative session for the mosquito control district and providing for an effective date herein.

Commissioner Thatcher.

Thank you, Chief Executive Gallagher.

I move to place resolution number 2025-38 on final reading and passed, having been deemed fully read at length.

We have a motion and second placing resolution number 2025-38 on final reading.

Is there anything on the question?

Could commissioners please vote?

And would anyone like to change their vote?

Clerk, please record the vote.

7 yay, 0 nay.

7 yay, 0 nay motion passes.

Moving on to item number 4, communication number 2025-39.

Clerk, please read the caption.

A resolution establishing the method of levying voted mills as required by the laws 2025, Chapter 674 and 767 passed in the 69th Montana legislative session.

The Wise River Fire District and providing for an effective date herein.

Commissioner Thatcher.

Thank you, Chief Executive Gallagher.

I move to place resolution number 2025-39 on final reading and passed, having been deemed fully read at length.

We have a motion and a second.

Is there anything on the question?

Could commissioners please vote?

And would anyone like to change their vote?

Clerk, please record the vote.

Yay, 0 nay.

7 Yay 0 nay.

Motion passes.

Moving on to item number 5, resolution number 2025-40.

Clerk, please read the caption.

A resolution establishing the method of levying voted mills as required by the laws 2025 and 674 and 767 passed in the 69th Montana legislative session for the Mile High Conservation District and providing for an effective date herein.

vote clerk please record the vote 7 yay 0 nay 78 zero nay motion passes moving on to item number five resolution number 2025-40 clerk please read the caption a resolution establishing the method of levying voted mills as required by the laws 2025 and 674 and 767 passed in the 69th Montana legislative session for the mile high conservation district and providing for an effective date herein Commissioner Thatcher thank you Chief Executive Gallagher I move to place resolution number 2025-40 on final reading and passed having been deemed fully read at length we have a motion in second place and resolution number 2025-40 on final reading is there anything on the question could commissioners please vote and would anyone like to change their vote clerk please record the vote 7 yay 0 nay 780 nay motion passes moving on to item number six resolution number 2025-41 clerk please read the caption a resolution adopting the final budget of the city county of butte silver bow state of Montana for the fiscal year 2026 and setting levies at the fiscal year 2026 based on the value of a mill of 91 928 city county wide 82 240 urban services 91928 for emergency services 91253 for suburban urban services and declaring that all protests against said budget have been heard and disposed of declaring that said budget contains a correct statement of the amount of appropriated for each of the funds of city county of butte silver bow for the fiscal year beginning on the first day of July 2025 and ending on the 30th day of June 2026 as fixed in said budget passed on the second day of September 2025 and providing for an effective date herein.

Commissioner Thatcher Thank you Chief Executive Gallagher I move to place resolution number 2025-41 on final reading and passed having been deemed fully read at length we have a motion and a second um place and resolution number 2025-41 on final reading is there anything on the question commissioner oh thank you chief executive gallagher uh as we're as we're preparing to adopt this year's budget I'd like to offer one amendment for your consideration uh one that I think strengthens the council's ability to act independently and responsibly in its legislative role um I'm proposing that we amend line 350 of the council commissioners uh annual budget uh which is professional services and the total will be 27,000 dollars reflecting a 25 thousand dollar increase uh with the funds being drawn from reserves uh this funding would provide the council with the budget authority not the requirement uh to retain independent legal counsel should the need arise uh over the coming year and so I'd like to emphasize that we may not ultimately use these funds but having them in place ensures that we are prepared to act quickly and appropriately if the circumstances arise for legal guidance uh tailored specifically to the council's role the buttons already grants us this power under subsection or section 3.03 subsection c the council has the authority to quote employ an attorney for purposes which the council of commissioners deems necessary uh so I think this this mod it modest budget adjustment simply reflects that standing authority so uh before proceeding with a motion I'd like to ask our budget director uh to briefly describe the process for handling this kind of amendment uh if she would thank you commissioner Larry Director Hassler uh thank you Chief Executive Gallagher uh Commissioner O'Leary members of council um in order to amend the budget to include this uh request um I would just need to go downstairs add it to an amendment sheet which would becomes part of attachment A to um this specific resolution 2025 41 it also requires me to rebalance the resource and requirement schedule uh reducing the reserves for the general fund by 25,000 dollars um and recalculating to ensure that we're staying at the 370 mills um as previously calculated thank you director houseler follow up commissioner o'Leary thank you chief executive gallagher additionally if I if I could just ask the county attorney to uh briefly discuss this particular role and uh any comments he has about about this proposed change commissioner um county attorney and Ruth Chief Executive Gallagher Commissioner Leary uh yes uh commissioner Larry is correct the charter does specifically allow for this council to hire or excuse me this council to hire private uh a private attorney outside of my office if they so choose to do so um after briefly reviewing it when uh commissioner Leary asked me this question it does appear to be in a line with state law um it happens on occasion where the council simply requests an opinion that is outside of either our expertise or purview um you know without us having to research it or research it things like that so it it it does happen on occasion thank you county attorney and ruth um any commission follow up

Um after briefly reviewing it when uh Commissioner Leary asked me this question, it does appear to be in a line with state law.

Um it happens on occasion where the council simply requests an opinion that is outside of either our expertise or a purview, um, you know, without us having to research it or research it, things like that.

So it it it does happen on occasion.

Thank you, County Attorney and Ruth.

Um any commission follow-up Commissioner O'Leary?

Yes, I guess I'll just make a motion uh with that understanding in place to amend line 350 of the council's annual budget to 27,000 uh with the addition of 25,000 dollars allocated from reserves.

Uh and then uh obviously we'll we'll continue to have conversation about this, but I would like to suggest that um if this passes that we convene a group of commissioners in the weeks and months ahead to draft some guidelines on exactly how uh this these funds could be used appropriately in the future by this by this body.

Thank you, Commissioner O'Leary.

So yeah, is that substitute motion to amend the budget?

Yes, I have to make a substitute motion to approve the budget as amended.

Okay, so we have a motion and a second to approve the motion or the budget as amended with the 27,000 or 25,000 additional funds.

Commissioner Thatcher.

Thank you, Chief Executive Gallagher.

Commissioner Larry did call me about this today, and so I told him that I would ask the same questions I did him.

Um I guess I have a couple concerns.

You know, we the charter also states that the county attorney is our legal representative.

Um so I can understand if there are things that go outside the purview of the office that we might need to do something like this.

But I guess um, Dr.

Hasler, first question is why couldn't we go and it go through like um an unanticipated expenditure process at which point that would call for a public hearing and then the money would still come similarly in the same ways instead of pulling the $25,000 now going through this entire process, uh because we've had this budget for two months and um making those changes through an unantic unanticipated expenditure process.

First question.

Commissioner Thatcher, Director Hassler.

Chief Executive Gallagher, Commissioner Thatcher, members of council.

Um yes, that process could also be utilized.

Um it would be an appropriation of reserves to add the additional budget authority.

Um there still is the requirement of a public hearing, it's the same as it is for unanticipated revenue resolutions, um, where you have the the public hearing in the resolution that goes through full council judiciary and then back to council for approval.

Thank you, Director Hassler.

Follow-up Commissioner Thatcher.

Thank you, Dr.

Hasser.

I appreciate that.

Um the only other comment I wish to make is that like I said, we've had this budget for about two months, and I understand that people get busy, but the budget and finance department and all of the directors that are sitting here and frankly, the commissioners, the budget and finance committee, have put time and effort into this already, and so I I think it's an unfair ask.

I understand why, but also as Commissioner Shea talked about right before this meeting, public comment is a huge thing, and we have left no time for public comment on this amendment specifically.

Um frankly, nobody knows about it because it's just happening tonight and we have to approve the budget.

And so whether somebody would agree or disagree and come up and speak on public comment is nothing that either of or any of us would ever be able to know.

But I do think that for the purpose of being transparent and for the purpose of allowing for comment on this specific part, I don't think it's fair that we push this through tonight.

Thank you.

Thank you, Commissioner Thatcher.

Any other comments of Commissioners?

Commissioner Fisher.

Uh thank you, Chief Executive Gallagher.

Uh I guess my question is I support uh what Commissioner O'Leary wants to do.

I agree a little bit with what Commissioner Thatcher's saying.

My point is at this point, do we have to stop the meeting or can we bypass this and come back to it at the end and go through the other resolutions, or do we got to stop weigh in on this one and then follow up, or can we move this to the end when Director Hasler finishes her process and procedure for amending this resolution?

Commissioner Fisher, I think the process would be that uh uh Director Housler would need to go down, but it would have to be at the end of the meeting because if anything was changed along the way as we've gone here, that we don't know for sure that everything's gonna be passed and there won't have to be more changes made.

So the process would be we have to go in the order, so this meeting would have to be stopped, we'd have to amend the budget.

And I I I will say this, I I do think there is a process.

I think the charter does allow for what Commissioner O'Leary is allowing for, but I think you could even not too distant future, we could absolutely do what's being asked and have a public hearing and allow for what uh Commissioner Thatcher is saying to allow the public to be a part of that and and still kind of hit the same measure that you're asking for here.

And I don't disagree with what Commissioner O'Leary is saying that the charter does allow for that.

So um it's just my thought process on this as well.

So any other commissioners have any other comment?

Commissioner Shea.

Thank you, Mr.

Chief Executive.

Um I agree with what Russ is asking.

I agree with what Commissioner Thatcher is is saying.

Um this came up before a few years ago.

I wasn't on the council for very long at that point.

Um so it's come up before, and I think the only three commissioners that voted for it were myself, Commissioner Anderson, and Commissioner Fisher.

So I you know, it wouldn't be a big secret that I um would support this.

Um I don't think it's ever a bad idea to for the council to be able to have an independent review of of ideas of um uh different laws and again things that are outside the county attorney's purview.

Um not to mention the uh relieve a bit of strain potentially from the county attorney's staff, where uh their job is mostly to prosecute.

Um anyway, those are my thoughts.

Um, you know, I'm not uh I don't want to I don't want to say more than what I'm actually thinking, but um when Commissioner O'Leary um and I talked about this just a few days ago, it it made sense for us, and there's there's been times I think that probably all of us could um come up with in our memories where we wished we we had access to uh someone that could do an independent legal review.

Um yeah, so I'll just leave it there for now.

Okay.

So Larry.

Thank you, Chief Executive Chief Executive Gallagher.

I guess uh to answer Commissioner Thatcher's question about this, the the main reason that I would like to do this now is so that it's not uh mired in possible political considerations in the future.

You know, I I know that there is what when circumstances have come up in the past where somebody wants some kind of um independent consideration, you know, it's in the context of a particular issue.

And I you know, I I don't know exactly what uh what this might be used for in the future, but having it as a budget authority, so it's already there, so we don't have to do something in the moment and have everybody understanding that there's a particular reason we're doing it.

That's the reason why I I think that this is an important thing for us to do.

So it's it I understand that this is last minute, and uh you know, it wasn't my intention to do that, but it it that's just the way it happened.

So I'm I'm hoping that we can make this happen.

Thank you.

Thank you, Commissioner O'Leary, Commissioner Anderson, and then Commissioner Thatcher.

Thank you very much, Chief Executive.

Uh just a quick uh question for uh county attorney Enruth, if he didn't mind indulging me for a moment.

Uh say this did or did not pass.

I'm guessing more did not.

Or how would it how would we put into getting a different attorney if we did have a legal question?

What would that process be?

And would this be a better format to go down this road today or wait and try to do it at a future date when we decided we did need a different attorney for some matter?

Commissioner Anderson, County Attorney Ann Ruth.

Chief Executive Gallagher, Commissioner Anderson.

So the county actually already does this on a pretty regular basis.

I mean, I am the county attorney and I use uh a separate county all the time for outside legal advice.

Uh there are just specific areas of the law because it is so vast that people are just much more well versed in the county, you know, we go to those when we start looking at super fund, you know, we're looking at putting out an RFP for a super fund attorney when we're looking at other specific regulations, uh, you know, especially things that are relating to the federal law that are now affecting the county.

There are just certain attorneys that specialize in those areas.

And so if something like that were to ever come up, um this commission, I think simply would have to, a commissioner would have to put in a communication requesting the funds be used and uh and go from there.

The real question becomes down the road is is do you have one general attorney that you're using for an outside source, or are you looking at you know independent counsel on each different question?

Uh I again that's probably gonna be uh dependent on the situation that it happens, but with regards to the funds, I'm I'm not the budget director.

I will not step into her shoes.

I think that uh she's you know put together this giant budget and to amend it now is up to the council.

It's not up for me to say.

Thank you, County Attorney Inner.

So Commissioner Thatcher.

Thank you, Chief Executive Gallagher.

Uh Commissioner Larry, I don't I don't question why you're doing it.

I entirely disagree with the timing of it.

I think it's inappropriate.

I think it's inconsiderate.

Um your comment about making sure that politics stay out of it.

Attorneys take some type of oath, ethical something, that politics shouldn't be involved in the decision anyway.

And so I don't think that that's a fair reason to allocate $25,000 and go through this entire process again when we've had the budget for two months.

Had you done this a couple weeks ago and given the public time to weigh in, or even other commissioners, I think it'd be it could be a very different story.

But my stance still remains that I think it it it is not an appropriate time tonight to ask for this, and maybe in the next next fisher fiscal budget, fiscal year budget, that would be the time to look at this and not wait until the last minute.

So thank you.

Thank you, Commissioner Thatcher.

Okay, Commissioner Fisher.

Thank you, Chief Executive Gallagher.

Uh question for Director Hassler.

We do have the authority to draw from reserve funds.

There's a process and procedure for emergencies, is that correct?

Commissioner Fisher, uh, Director Hasler.

Chief Executive Gallagher, Commissioner Fisher, members of council, yes, it is the same process.

Um very similar, I shouldn't say the same, very similar to the unanticipated revenue uh resolution process.

It's an appropriation of reserves to add uh budget authority to to add additional budget authority to the approved and adopted budget for the fiscal year.

Thank you, Director Housler.

Follow-up, Commissioner Fisher.

Uh thank you, Director Hassler.

Thank you, Chief Executive Gallagher.

You know, with that being said, um I've been known to change my mind after hearing both sides of the story, and I kind of have to agree that I I am uh fully for what Commissioner O'Leary wants to do.

But Commissioner Thatcher has a very valid point at this point of the budget uh to to follow through.

We do have the authority if an emergency rows where we needed 25,000.

I think that that's available.

So I I'm not certain that at this time this is an appropriate thing, but it is an idea that I thought was a great idea.

Thank you.

Thank you, Commissioner Fisher.

Any other comments of Commissioners?

Commissioner Shea.

Thank you, Mr.

Chief Executive.

Um this question is for Commissioner Thatcher.

Um I think what I'm hearing you say is it would be more acceptable for us to pass the budget unamended.

And then we could the council could soon after that request um the budget transfer basically to the council's professional services budget, which would open a public hearing and a public process, um, which you know that I love transparency.

So I so I get I get this.

Um also this isn't isn't the first time that a budget has been amended on the last day.

Um I've I've done it myself.

Um so it's not super unusual, but it was a little different circumstances.

But um just to you can nod.

Yes, or is that kind of what you're what you're thinking?

Commissioner Shea, Commissioner Thatcher.

Thank you, Chief Executive Gallagher.

Commissioner Shea, yes to a point.

I mean, me personally, I don't think it's necessary to pull reserve funds, I guess, until an issue arises.

I don't know, especially when we don't know what's going on with our federal government, with anything related.

I just don't know if it's fiscally responsible to pull any money.

Whether 25,000 might be a uh drop in the pond, but to some people, but I don't think it's fiscally responsible to just pull money out of reserves any time we feel like it's necessary.

And so I my opinion would rather be to just go through the unexpected unanticipated expenditure process at the time an issue arose.

I don't think that this necessarily needs to be in the budget, but if that's the route that the council wishes to take, then yes, I do believe that it would be better off that we allow time for the public to speak.

So thank you.

Thank you, Commissioner uh Thatcher.

Any other comments?

Commissioner Fisher.

Thank you, Chief Executive Gallery.

You know, and there's another point.

There's only half of us here.

There's only six commissioners.

I don't really feel comfortable making a decision with three votes to amend something that benefits the council.

I mean, you know, let's face it.

It's like voting for a raise when there's only six of us here, you know, and we got four of them that are gonna say yes.

You know, it just it's just starting to look the other direction on me a little bit, and I'm a big advocate for what Commissioner Larry is doing.

I just don't think the time is right.

Thank you.

Thank you, Commissioner Fisher.

There's one thing I and maybe I can ask uh county attorney on this.

I I think the the council still, even though there's only two thousand dollars in that budget, has the authority to hire counsel and then go and try to amend the budget out, you know, uh have that unanticipated expenditure and do it at that time.

Uh uh County Attorney Ann Ruth, I don't know if that if that's something that you could answer, but I think because of the charter allows for it, even though um we only have two thousand dollars in there, that we could still hire that attorney and then come forward.

Chief Executive Gallagher, yes, that's also correct.

It's just it's a budget at that point in time.

Are you able to hire you know whatever attorney you want given that particular topic?

Um again, I believe that's that goes to what uh Commissioner Thatcher was also saying is you can request the funds in an additional date.

I then go back to also what Commissioner O'Leary and Shea have said that you know when you're looking to hire someone you want to try and do it, you know, sooner rather than later.

So I there are ballot points on both sides, but yes, that's also correct.

Okay.

Thank you.

All right.

Seeing on the the vote that we're on currently is to adopt the budget as amended with the $25,000.

Um that's asking to amend the budget.

So if you approve, then that would amend the $25,000.

Yeah, yes, Commissioner I mean, Director Hasler.

Uh thank you, Chief Executive Gallagher, members of council.

Um, this resolution should already be of the fine adopting the final budget as amended because the preliminary budget was the first draft, and then we've added amendments to it.

So it's already as amended, but it would be as amended again.

But the the wording wouldn't change.

I would just have to to go in and redo the documents, but it it is already as amended.

Okay.

So it would be the the motion right now is to adopt the final budget as amended with an additional $25,000 amended into the budget.

Okay.

So could Commissioners please vote.

And would anyone like to change their vote?

Clerk, please record the vote.

Four, yay, three, nay.

Four, yay, three nay motion passes.

So we need to go.

So we'll take uh uh we'll take a break until um director Hasler is able to go and and do those numbers and amend the budget.

Okay.

I'll adjourn the meeting for until Director Hasler comes back.