ROSEBUD COUNTY ATTORNEY

P.O. Box 69

FORSYTH, MT 59327

(406) 356-2236

Fax (406) 356-2238

Lee R. Kerr Esq. ATTORNEY for

CITY OF FORSYTH

COUNTY ATTORNEY OFFICIAL OPINION #95-10

DATED: April 27, 1995

ISSUE PRESENTED:

Review of County Policy and Procedures as established by Board of County Commissioners.

BRIEF ANSWER:

I have reviewed the County Personnel Policy and Procedures as proposed, and have reviewed the previous County Attorney’s Opinion on the issue dated April 27, 1993. In addition, I have consulted other authorities and requested an opinion from chief counsel for MACO, Professor David J. Patterson, of the University of Montana Law School.

Based on the foregoing, I hereby ratify and affirm the previous County Attorney’s Opinion as to the issue, and incorporate and adopt the opinion and recommendations by Professor Patterson, and incorporate herein as if fully set out.

In an effort to clarify County Policy and Procedures, I have revised county policies and procedures in an attempt to reconcile the concerns and problems identified by a previous County Attorney’s Opinion, and Professor Patterson. As amended and revised, the County Policy and Procedures may be adopted and applied by the Board of County Commissioners to cover those employees that are under their authority and control, i.e. those employees that are not employees of separate elected officials, but are within their scope of control, such as maintenance employees and county road and shop employees. Further, the respective elected officials, are encouraged to review and adopt these proposed county policies and procedures by their respective departments, so that there can be some degree of uniformity within the county, and compliance with state and federal laws. Elected officials may modify or amend said procedures and policies to the extent that it is either reasonable or necessary for their departments and respective area of responsibility.

DATED this day of April, 1995.

LEE R. KERR

ROSEBUD COUNTY ATTORNEY