County attorney says Resolution 25-15 requires no commission vote; commissioners remove it from agenda

Anaconda-Deer Lodge County Attorney Morgan Smith advised the county commission on Thursday that Resolution 25-15—a declaration tied to adding two emergency mill levies to offset costs from an August mass shooting—was signed by the chief executive and “does not require commission action,” prompting the commission to remove the item from the agenda.

Smith told the commission the resolution included in the packet is a memorandum-backed declaration signed by the chief executive and noted the legal mechanics: the issuance of mills occurs by later commission action but the declaration itself had been made under the CEO’s statutory authority. “Resolution 25 15 is a resolution signed by the chief executive. It does not require commission action,” she said.

CEO Everett described direct support from the governor’s office in the wake of the August shooting, saying the governor called and offered help: “Bill, whatever you guys need. File this. I’ll get the paperwork set up for you,” Everett said he was told. Everett and others said the county’s bills related to the incident were close to $500,000 and warned of fiscal consequences if not addressed—Everett said the expense could mean laying off staff or dramatically increasing tax levies without external help.

Commissioners pressed for clearer, locally tailored procedures. Several commissioners agreed with the county attorney’s legal read but said the paperwork and process used from the governor’s office did not align with Anaconda-Deer Lodge County’s consolidated city–county charter. One commissioner urged the county to draft a standardized, county-specific emergency-declaration form and to update the county’s emergency plans, which officials noted were out of date (the disaster/emergency plan dated 2013, the emergency operations plan dated 2011, and the wildfire protection plan dated 2005).

After public comment and discussion, a commissioner moved to remove Resolution 25-15 from the agenda in keeping with the county attorney’s recommendation; the motion was seconded and carried. The commission did not take a substantive vote on adding mills tonight. County staff and the county attorney were directed to produce language and a local form the commission could use in future emergencies, and to bring the county’s emergency and disaster plans up to date.

What’s next: Resolution 25-15 was removed from the current agenda. The commission asked staff and the county attorney to draft a county-specific emergency-declaration template and to return with proposed updates to the county’s emergency, operations and wildfire-protection plans for future consideration.