WYOMING COUNTY COMMISSIONERS HANDBOOKmemberfiles.freewebs.com/61/38/87993861/documents/county... ·...

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WYOMING COUNTY COMMISSIONERS HANDBOOK Wyoming County Commissioners Association P.O. Box 86 Cheyenne, WY 82003 Joseph M. Evans - Executive Director Revised January, 2009

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WYOMING

COUNTY COMMISSIONERS

HANDBOOK

Wyoming County Commissioners Association P.O. Box 86

Cheyenne, WY 82003

Joseph M. Evans - Executive Director

Revised January, 2009

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Table of Contents

I. INTRODUCTION / PURPOSE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

II. LOCAL GOVERNMENT STRUCTURE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A. Home Rule.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2B. Powers and Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

III. ELECTED COUNTY OFFICERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2A. The Board of County Commissioners.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1. General Powers and Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22. Election of County Commissioners.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33. County Board of Equalization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34. Liability of County Officers / Governmental Claims Act. . . . . . . . . . . . . . . . . . . . . 45. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66. Eminent Domain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87. Guardian ad litem. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88. Miscellaneous Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

B. Duties and Powers of Other Full-time County Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . 91. County Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92. County Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93. County Assessor.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104. Clerk of District Court.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115. County Sheriff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Jails:.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116. County Attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117. County Coroner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

C. County Officer compensation, vacancies and other topics. . . . . . . . . . . . . . . . . . . . . . . . 121. Compensation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122. Oath of Office.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133. Bonds.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134. Vacancy in County Officers and Legislative Appointment. . . . . . . . . . . . . . . . . . . 135. Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

IV. GENERAL OPERATION AND CONDUCTING OF BUSINESS. . . . . . . . . . . . . . . . . . 15A. Commissioner Meetings in General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15B. Conduct at Meetings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15C. Open Meeting Law and Public Records Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

1. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162. Special meetings .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163. Executive Session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

D. Records and Publication of Proceedings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

V. BUDGETING PROCESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18A. County Budget Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18B. Auditing.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19C. Investment of County Money. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

VI. REVENUE AND EXPENDITURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20A. General County Revenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

1. Property Tax and the County Mill Levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21a. Mill Levies:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21b. Method of assessment:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

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2. Local Optional Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263. State-Shared Revenue Sources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

a. Sales and Use Tax.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26b. Mineral Severance/Royalty Tax Revenue. . . . . . . . . . . . . . . . . . . . . . . . . 27c. Fuel Tax Revenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27d. Cigarette Tax Revenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

4. Federal Revenue Sources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28a. Secure Rural Schools:.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28b. Payment-in-Lieu-of-Taxes: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

5. Grants and Loans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29a. State Loan and Investment Board:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29b. Community Development Block Grant (CDBG) program:. . . . . . . . . . . . 29c. Community Facilities Grant and Loan Program. . . . . . . . . . . . . . . . . . . . . 30d. Business Ready Community Grant & Loan Program. . . . . . . . . . . . . . . . 30e. Workforce Housing Infrastructure Program. . . . . . . . . . . . . . . . . . . . . . . 31f. Abandoned Mine Land Funds (AML). . . . . . . . . . . . . . . . . . . . . . . . . . . 31g. Federal Natural Resource Policy Account (FNRPA).. . . . . . . . . . . . . . . 32

6. Locally assessed fees: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32B. General County Expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

1. Warrant Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32C. Debt Financing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

1. Short Term Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33a. Certificates of Indebtedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33b. Lease agreements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

2. Long Term Financing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33a. Building Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33b. General Obligation Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34c. Revenue Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35d. Funding Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35e. Bond Anticipation Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

3. Emergency Expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

VII. THE COURTS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36A. District Courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36B. Circuit Court System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

VIII. THE OFFICE OF HOMELAND SECURITY AND EMERGENCYMANAGEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

IX. TRANSPORTATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38A. Road & Bridge Funding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39B. Bridges.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39C. County Road Fund.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39E. CMAQ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40F. Airports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

X. PLANNING AND ZONING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40A. Subdivision Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41B. Court and Attorney General Opinions on Land Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

XI. COOPERATION WITH OTHER UNITS OF GOVERNMENT . . . . . . . . . . . . . . . . . . 44A. Wyoming Joint Powers Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

XII. OTHER COUNTY FUNCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

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A. County Extension Agents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45B. Public Health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45C. Libraries.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46D. Hospitals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46E. Fairgrounds, Airports, Parks, and Recreational Systems. . . . . . . . . . . . . . . . . . . . . . . . . 47F. Museums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47G. Special Districts .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

1. Senior Citizen Service Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482. Solid Waste Disposal Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 483. Special Museum Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494. Weed and Pest Control Districts .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495. Fire Protection Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496. Conservation Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 497. Improvement and Service Districts.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

H. Liquor Licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501. Retail Liquor Licenses and Malt Beverage Permits. . . . . . . . . . . . . . . . . . . . . . . . 502. Limited Retail Liquor Licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513. Resort Liquor Licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514. Twenty-Four Hour Malt Beverage Permits and Catering Permits. . . . . . . . . . . . . 515. Restaurant Liquor Licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

I. Industrial Development Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

XIII. SOURCES OF INFORMATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

APPENDICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54APPENDIX A

WYOMING CONSTITUTIONAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

APPENDIX BRECENT ATTORNEY GENERAL OPINIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

APPENDIX CTHE WYOMING ADMINISTRATIVE PROCEDURE ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

APPENDIX DSTATUTORY REFERENCE GUIDE ON COUNTY ISSUES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

APPENDIX EBy-Laws of the Wyoming County Commissioners Association . . . . . . . . . . . 64

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I. INTRODUCTION / PURPOSE

The purpose of this handbook is to acquaint county Commissioners with county governmentand specifically, the role of the county commissioner. It is intended to provide a summary of thefunctions of the county Commissioners and their relationship to the other county offices. Thishandbook should not be used as a substitute for the applicable Wyoming statutes, nor is it designedto replace the specialized legal services which are available to county officers through the offices ofthe various county attorneys.

The provisions of Wyoming state law pertaining to county government are cited throughoutthis handbook. Rather than footnote each reference, the citation is placed in parentheses followingthe statement itself. This document includes legislation enacted through the 2006 session.

II. LOCAL GOVERNMENT STRUCTURE

There is no level in our American system of government where problems ofintergovernmental relations are so marked and difficult as in the cities and counties. County andmunicipal agencies must carry on their functions in close proximity to the voters, subject to anextremely complicated framework of laws and regulations.

Wyoming has 23 counties, each with economic, geographical and social characteristicswhich affect the type of services provided by county government and the ability of the citizens tosupport these services.

The only form of county government permitted by Wyoming statute is the traditional pluralexecutive form of government. The plural executive simply means making various executiveofficials responsible to the electorate, rather than one official who would appoint the offices. Notonly is that the primary reason for the various elective county offices, but it also is the reason thegoverning body of the counties, known as the Board of County Commissioners , is made up of three1

or five members. County governments are political subdivisions of the state, and are created to serve as an

arm of the state in providing a wide variety of services for their citizens. As an arm of the state,counties have only those powers expressly granted to them by the constitution or statutory law, orstatutorily separately executed functions implied from powers granted (Bd. Co. Comm. of LaramieCty v. Dunnegan; 884 P. 2d 35 (1994)). For example, the County Assessor’s office is charged withthe assessment of property; the County Treasurer’s office with the collection of property taxes; theCounty Clerk’s office with the recording of deeds and other property documents and theadministration of elections; and maintaining records of county roads; the County Sheriff’s officeprovides law enforcement and runs the county jail; and the Clerk of Court provides for theadministration of judicial functions. The Commissioners run the courthouse, set budget, andthrough the County Road and Bridge Department, are responsible for construction and maintenanceof county roads. These are services that are required by state law.

Additional services provided by county governments, but not necessarily required by statelaw, include: planning and zoning, building codes, animal control, fire protection, parks and

Any reference to Commissioners or Board shall mean the Board of County Commissioners unless1

otherwise stated.

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recreation programs, and landfills. There has been a significant growth of many of these services,not as an administrative arm of the state, but as an independent arm of local government. Countylibraries, airports, hospitals, senior citizen centers, and health services are examples of countyfunctions which have expanded to serve the demands of county residents.

A. Home Rule "Home Rule" is the process of giving local governments the widest possible latitude in the

handling of their local affairs. To this end, the Wyoming Constitution, Article 13, Section 1, asamended, empowers cities and towns to provide for their own government and local affairs byordinance. This power does not apply to counties. The Commissioners do not have the extensivelawmaking powers as the state legislature or the "Home Rule" of municipalities. They are generallylimited to enacting those types of ordinances and regulations specifically permitted by state law. Basically, their duties are to conduct the business of the state at the county level.

B. Powers and Duties The general powers of the counties are set forth in 18-2-101 of the Wyoming Statutes:1. To sue and be sued;2. To purchase property for the use of the county and acquire real property at tax sales, asprovided by law;3. To sell or convey property owned by the county, when it is in the best interests of thecounty;4. To make contracts and perform other acts relating to the property and concerns of thecounty in the exercise of its corporate or administrative powers;5. To exercise other powers as provided by law.

III. ELECTED COUNTY OFFICERS

A. The Board of County Commissioners

1. General Powers and DutiesThe description of the general powers of the counties in W.S. 18-3-504 encompasses a wide

range of the duties and responsibilities to be carried out by the Commissioners. In addition, areference guide of issues and where they can be found in Wyoming statutes is in Appendix D. TheCommissioners authority embraces practically every phase of county government. TheCommissioners may:

a. Make such orders concerning the property of the county as they deem expedient;b. Examine and settle all accounts of receipts and expenses of the county and examine,settle and allow all accounts against the county and issue county orders therefore asprovided by law;c. Provide for the construction and maintenance of county buildings and insure them in thename of the county treasurer for the benefit of the county. If there are no county buildings,they may provide suitable rooms for county purposes:d. Apportion and order the levying of taxes as provided by law;

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e. Represent the county, care for the county property, and manage the business andconcerns of the county in all cases where no provision is made by law;f. Lay out, alter or discontinue any road running through the county and, for such purposes,acquire title to lands therein either by gift, prescription, dedication, the exercise of the rightof eminent domain, purchase or lease and perform such other duties respecting roads asrequired by law;g. Grant licenses for keeping ferries, toll bridges and toll gates as prescribed by law;h. Provide snow removal on any county road designated as a school bus route by the localschool board(s);i. Provide for the burial of human remains of any deceased person not receiving personalopportunities with employment responsibilities (commonly known as POWER, a federalassistance program), supplemental security income or Medicaid at the time of death withoutsufficient means in his/her own estate or other resources to provide burial or cremation, andj. Grant liquor licenses in unincorporated areask. Perform such other duties as prescribed by law.

Although the statutes can be very general, they can also be so specific as to allow theCommissioners to regulate golf carts. As can be seen, this list is a broad overview of theresponsibilities of the Commissioners. There are many major and minor duties broadly covered inthe above list for which the Commissioners are responsible. The remaining chapters will discussthese powers more specifically.

2. Election of County CommissionersThe Board of County Commissioners consists of either three or five members with

staggered terms of office, each serving a four-year term. To be qualified for the position, one mustbe a qualified elector. A qualified elector is a citizen of the United States who is at least eighteenyears old and who has lived in Wyoming and the county in which he intends to vote for at least tendays. The terms of the Commissioners are staggered, and election of the Commissioners isestablished to provide that normally no more than two open seats on the board are created at onetime, except in counties where there are five Commissioners, where normally there are no morethan three open seats.

The number of Commissioners per county is usually three. The proposition to increase theCommissioners to five must be submitted to vote of the qualified electors of the county. Countiesmay also decrease from five Commissioners to three in the same manner as the increase from threeto five. A successful vote to change the number of Commissioners must be held during a generalelection, and becomes effective at the next general election.

General elections are held on the first Tuesday after the first Monday in November of everyeven-numbered year. Those who win in the general election officially take office on the firstMonday in January on the year immediately following the election. On this day, the newly-electedcommissioner is required to take the oath of office.

3. County Board of EqualizationThe Board of County Commissioners constitute the County Board of Equalization (CBOE).

The CBOE, under W.S. 39-13-102(c), is the first level of review for taxpayer appeals of property

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valuations established by the county assessor. Its primary duty is to hear and determine thecomplaint of any person relative to their property assessment or valuation W.S. 39-13-102(c)(iv). The CBOE also has the authority to equalize the valuation of property as necessary within thecounty for purposes of taxation. The CBOE meets at the office of the County Commissioners atsuch times as necessary to perform it statutory duties, but no earlier than the fourth Tuesday inApril to consider current year assessments. The county clerk acts as the clerk of the CBOE. Thecounty assessor or his designee must attend all meetings to explain or defend the assessments.

The CBOE, pursuant to W.S. 39-13-102(c), shall:a. Add to the assessment roll and value any taxable property within the county not includedwithin the assessment roll as returned by the county assessor at its meeting in April;b. Equalize the assessment and valuation of the taxable property which is assessed andvalued by the county assessor;c. Correct any assessment or valuation contained in and complete the assessment roll;d. Hear and determine the complaint of any person relative to any property assessment orvalue as returned by the county assessor subject to W.S. 39-13-109 (b)(i); and e. Decide all protests heard and provide the protestant with a written decision not later thanthe first Monday in August.

The CBOE is also required to take the necessary action to effectuate any equalization actionordered by the State Board of Equalization. W.S 39-11-102.1(c)(ii).

The CBOE may hire a hearing officer to ensure the hearings are performed according to ruleand statute. However, the CBOE has no power to set tax policy, nor engage in any administrativeduties concerning assessment which are delegated to the State Board, the Department of Revenue,or the county assessor W.S 39-13-102(d).

If a CBOE concludes a local-assessed property appeal may be appropriate for the StateBoard consideration, it may so request in writing, stating the reasons for certification to the StateBoard. If certification is not granted the matter shall remain with the CBOE for disposition. (Rules,Wyoming State Board of Equalization, Chapter 2, § 36).

4. Liability of County Officers / Governmental Claims ActPublic officials and public entities in Wyoming enjoy the doctrine of governmental

immunity. Immunity is conferred upon certain people or organizations because of the status orposition of that defendant. It does not deny that a tort or civil wrong has occurred, but ratherprohibits collection for that wrong.

Governments were granted special status as defendants for a number of different reasons.Governmental immunity was enforced under the theory that it was wrong to divert public funds tocompensate for private injury. Also, suits might be an intolerable financial burden for thegovernmental entity and bankrupt the public treasury.

Generally, government officials were allowed to share the immunity of their employer whenacting within the scope of their authority. Since a government can only act through its agents,public official immunity was fundamental to the existence of governmental immunity. Definingthe parameters within which a government official can act and still remain immune from personalliability is the subject of much litigation.

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In many cases, governmental immunity came to be thought of as an unnecessary and unjustrule. If a private individual had been wronged by the government, it seemed fair to distribute thecost of this wrong among everyone rather than have that one injured individual bear the burdenalone. Compensating wrongs became a cost of government administration.

The change in the immunity doctrine for Wyoming counties occurred in the case of Oroz v.Board of County Commissioners of the County of Carbon, 575 P.2d 1155 (WY 1978). In Oroz, thecourt stated judicial immunity from tort liability conferred upon counties and other politicalsubdivisions was abolished. The state's immunity was not abolished.

The removal of immunity, however, does not mean that a governmental entity is liable forall harm which results from its activities. It does not impose absolute or strict liability, but merelysubjects it to the same rules as private persons or corporations if a duty is established, the duty hasbeen violated, and damage has occurred.

In response to the Oroz decision, the 1979 Wyoming Legislature passed the GovernmentalClaims Act. In addition to responding to the problems created by the Oroz decision, this act alsoabolished state immunity in certain areas.

The Governmental Claims Act specifically grants immunity to a governmental entity andits public employees while acting within the scope of duties except as provided by W.S. 1-39-105through W.S. 1-39-112. The outlined exemptions make the county liable for damages resultingfrom bodily injury, wrongful death or property damage caused by the negligence of publicemployees in the following functions:

a. Operation of motor vehicles, aircraft, and water craft (W.S. 1-39-105)b. Operation or maintenance of any building, recreation area or public park (W.S. 1-39-106)c. Operation of airports (W.S. 1-39-107)d. Operation of public utilities and services (W.S. 1-39-108)e. Operation of any public hospital or in providing public outpatient health care (W.S. 1-39-109)f. Negligence of health care providers who are employees of the governmental entity while

acting within the scope of their duties (W.S. 1-39-110)g. Tortious conduct of law enforcement officers while acting within the scope of their

duties (W.S. 1-39-112)

However, the liability imposed by the seven items above does not include liability for damagescaused by:

1. A defect in the plan or design of any bridge, culvert, highway, roadway, street, alley,sidewalk or parking area.

2. The failure to construct or reconstruct any bridge, culvert, highway, roadway, street,alley, sidewalk or parking area.

3. The maintenance, including maintenance to compensate for weather conditions, ofany bridge, culvert, highway, roadway, street, alley, sidewalk or parking area.(W.S. 1-39-120)

The Governmental Claims Act repeatedly refers to two terms: "negligence" and "scope ofduties" or "scope of employment". Negligence is defined by reference to what a reasonably prudentman would do or would not do in the same or similar circumstances. A person acts within thescope of his employment when he is doing something in furtherance of duties he owes to his

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employer and where the employer is, or could be, exercising some control, directly or indirectly,over the employee's activities. (Black's Law Dictionary, 5th Edition). "Negligence" and "scope ofemployment" are both subject to varying degrees of interpretation by the courts.

Settlement of Claims - A claim which is covered by insurance can be settled orcompromised only if the damage claimed was caused by negligence that might entitle the claimantto a judgement (W.S. 1-39-115). Compromises or settlement of claims not covered by insurancecan be made by the governing body of the affected local government.

When it is alleged that a public employee has committed a negligent act and it is determinedthat he was acting within the scope of his duty, the county must provide a defense for the employeeat its expense. In addition to the costs of a defense, the county must indemnify and save harmlessthe employee against any resulting judgement (W.S. 1-39-104(b)). There are statutory limits onthe amounts of settlement (up to $500,000), except for federal constitutional claims.

5. InsuranceAll counties need to have a source of insurance coverage for both property and for

personnel liability whether it is through a self-insurance program, such as Wyoming Association ofRisk Management (WARM - made up of several counties and municipalities), the LocalGovernment Liability Pool, or through the purchase of private liability insurance. In all these cases,the deductible and/or retained portion of a claim can vary by contract, as can the amount ofcoverage and scope of coverage.

In all these cases, a government employee or agent is only covered if they are acting withinthe course and scope of their employment. If an employee is clearly outside the scope of theiremployment, such as committing a crime, the county may not be responsible for providingrepresentation for the employee, or be required to pay any portion of the judgement, claim or costthat are incurred defending the claim.

The Board of County Commissioners needs to review insurance coverage, including liabilitycoverage, property and casualty insurance for fire and other damage to property, and the acquisitionof necessary public officials bonds. Sometimes this risk management is handled in the countycommissioner’s office, sometimes in the clerk’s office, and sometimes within a separate riskmanager office in the county.

a. Local Government Liability Pool (LGLP): During the mid-eighties, most local governments throughout Wyoming suffered tremendous

liability insurance premium increases coupled with drastic reductions in coverage. In manyinstances, there was total unavailability of liability coverage. In response to that crisis, theWyoming Legislature enacted W.S. 1-42-101, which enabled the State to create a Stateadministered self-insurance account that would offer reasonably priced liability protection and lossprevention programs to Wyoming’s local governments. The self- insurance account, known as theLocal Government Self-Insurance Program (LGSIP), was an alternative to buying commercialliability insurance, allowing local governments to pool their funds to handle and pay claims whichthey may be held liable for under the Wyoming Governmental Claims Act (GCA), and under thelaws of other jurisdictions.

In 1997 LGSIP received legislative authorization to submit to all participating local

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governments a proposal to transfer administration of the account and all functions of LGSIP to ajoint powers board. On July 1, 1997 the local Government Liability Pool was formed in accordancewith W.S. 1-42-201 through 1-42-207 following the approval of two-thirds (2/3) of theparticipating local governments.

The LGLP board consists of seven (7) members comprised of two (2) countyCommissioners, two (2) elected municipal officials, two (2) representatives of special districts andone (1) at large member. The Executive Director of the LGLP is a ex-officio member of the board. Members of the LGLP board are elected from among the participating local government entitiesupon the vote of the governing body of the member entities.

LGLP provides each participant with a $250,000 per person/$500,000 per occurrence limitfor claims brought under the Wyoming Governmental Claims Act. LGLP provides $1,000,000 peroccurrence limit for covered claims arising under federal statutes (civil rights actions). LGLP alsoprovides excess insurance for federal and out-of-state claims. The excess insurance limits are $1million per occurrence with a $4 million aggregate. The excess limits are subject to change at eachrenewal period. Participating counties are responsible for amounts in excess of this limitation(W.S. 1-42-103). Contributions (premiums) are paid by participating local governments.

Public employees of participating local governments, other than law enforcement officers,can be defended and indemnified against any claim which arises out of an alleged act or omissionoccurring in the scope of duty. Law enforcement officers are covered under the state self-insurance program described below.

b. State Self-Insurance Program (SSIP): Certified local law enforcement officers, including the County Sheriff and his deputies, have

liability coverage through Wyoming’s State Self-insurance Program (SSIP) (W.S. 1-41-101). TheSSIP program covers all full-time, fully compensated local law enforcement officers, who arecharged with enforcement of state statutes. Other local government employees or officials,including county and prosecuting attorneys, are specifically excluded from coverage under the stateself-insurance program.

Law enforcement officer coverage is distinctive in that a sheriff or deputy may be sued inhis/her “official” capacity or his/her “individual” capacity. An “official” capacity suit is technicallya suit against the public entity employer while an “individual” capacity suit is a suit against theofficer personally. SSIP only provides liability coverage to peace officers for suits filed againstthem in their “individual” capacity under the Wyoming Governmental Claims Act ( 1-39-101, et.seq.) or under any Federal Statute. Additionally, SSIP coverage is triggered if the act, error oromission at issue occurred while the officer was acting within the course and scope of his/herduties.

SSIP funds are used to pay defense costs, settlements and judgements for pending claimsand lawsuits on behalf of peace officers in their individual capacity. SSIP finances litigation anddefense costs provided by the Tort Litigation Division of the Attorney General’s Office. TheAttorney General’s Office provides legal services for lawsuits involving peace officers. Onoccasion, private counsel is retained by the State to defend a peace officer suit. Whenever possible,the State joins forces with Wyoming Association of Risk Managers (WARM), Local GovernmentLiability Pool (LGLP) or the entity’s insurance carrier to share an attorney’s fees and costs.

SSIP bills public entities for attorneys fees and costs based on the number of hours worked

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on a case and the actual costs associated with litigation. Outside counsel is retained when a conflictof interest presents itself or if another entity agrees to share defense cost.

SSIP is funded by the legislature and administered by the Risk Management Section of theState of Wyoming’s Department of Administration and Information. Local governments arerequired to pay a “dollar per dollar” match up to $20,000 to the state for costs associated with thedefense of a lawsuit and subsequent settlements or judgements. As such, the maximum payment bya public entity per claim or lawsuit is $10,000.

6. Eminent DomainThe Wyoming Eminent Domain Act (W.S. 1-26-501-517) is a tool available to government

for the acquisition of property. The act requires that there be prior good faith efforts to try tonegotiate a purchase of property, unless specifically excluded by the statute. The act also requiresthe Board of Commissioners to adopt a written resolution which authorizes the commencement ofthe condemnation action (W.S. 1-26-512). The statutes allow acquisition of property by eminentdomain only if all the following are established:

a. The public interest and necessity requires the project.b. The project is planned or located in the manner that will be most compatible with public

good and least private injury.c. The property sought to be acquired is necessary for the project.The act requires compensation equal to the fair market value of the property. In addition to

fair market value, the owner of a business whose property is being taken can be compensated forloss of goodwill if he can prove that the taking of the property was a loss and that the loss cannotreasonably be prevented by a relocation of the business. “Goodwill” benefit consists of benefitsthat accrue to a business as a result of its location, reputation, skill or other qualities resulting inprobable retention of old or acquisition of new patron-age.

7. Guardian ad litem During the 2008 Legislative session, the Wyoming State Legislature transferred the

Guardian Ad Litem Program from the Wyoming Supreme Court to the Office of the State PublicDefender. 2008 Wyoming Session Law Chapter 48, Section 316 directs the Office of the StatePublic Defender to administer the program and to reimburse the counties for GAL attorneys fees. Each county can enter into a Memorandum of Understanding with the Office of the State PublicDefender whereby the county agrees to provide a 25% match of the monies expended by the Officeof the Public Defender in that county. Rather than continuing to require the counties to pay theGAL attorney fees and then seek reimbursement from the Office of the State Public Defender, theOffice is compensating the GAL attorneys at the rate of $100/hour and billing the counties quarterlyfor the 25% match. For the first six months of the program, all 23 counties have entered into anMOU with the Office of the Public Defender. The GAL Program is located in Cheyenne, WY, andis being administered by an attorney with assistance from the fiscal division of the Office.

8. Miscellaneous DutiesThere are many other duties for which the Commissioners are responsible. These duties

involve the Commissioners in a wide variety of areas, and can be of significant importance,although they may not be used frequently. The Commissioners establish a date for a hearing on a

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petition for the incorporation of any city or town. The Commissioners also have the power toestablish a law library (W.S. 5-3-111), traffic regulations by ordinance (W.S. 31-5-109), and mayenter into leases and contracts for the exploration, development and production of oil, gas and otherresources (W.S. 36-6-202). They also may regulate, prohibit, or license the sale of alcoholicbeverages in unincorporated areas within the county (See the section on Liquor Licenses). The2008 legislature added the power the regulate nuisances.

B. Duties and Powers of Other Full-time County OfficersThere are five full-time county officers elected in addition to the Commissioners. They

include the County Clerk, County Treasurer, County Assessor , Clerk of District Court, and Sheriff. Voters also elect a County Coroner and County and Prosecuting Attorney, which may or may notbe full-time depending on the size of the county. These officers are discussed in more detail lateron in this chapter.

1. County ClerkIn addition to being the records clerk of the county and the budget officer, statutes provide

that the county clerk shall act as clerk to the Commissioners and as such shall:a. Attend all sessions of the Commissioners either in person or by deputy;b. Keep the seal, records and papers of the Commissioners;c. Record in a book provided for that purpose all proceedings of the board;d. Make regular entries of all the board's resolutions, orders and decisions in all questions

coming before it;e. Sign all orders issued by the board for the payment of money and preserve and file all

accounts acted upon by the board with a memorandum of its action thereon;f. Perform other duties as required by the Commissioners. (See W.S. 18-3-402)

In accordance with the clerk’s duty to facilitate management control, the budget officer mustalso present appropriate interim financial statements to the governing body, with information as tofinancial operations. The Clerk is, by statute, the county budget officer (W.S. 16-4-102(a) (iv).

Elections: The Clerk is, also by statute, the county election officer (W.S. 22-2-103).No later than its first meeting in April in every general election year, the Commissioners, with theadvice or recommendation of the county clerk, shall divide the county into not more than thirtyelection districts (W.S. 22-7-101), and may change precinct boundaries (W.S. 22-7-102). Inestablishing or altering election districts or voting precincts, the board shall follow the establishedguidelines (W.S. 22-7-103).

2. County Treasurer Each county treasurer is collector of taxes as prescribed by law and must keep a true account

of the receipts and expenditures of all monies which come into the office. All monies received for the use of the county shall be paid out only on the orders or

warrants issued by the Commissioners except where provisions for the payment are otherwise madeby law (a further explanation of the warrant process is on page 34.

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At the annual meeting of the Commissioners on the first Monday in January of each year orat such other time as they may direct, the county treasurer must settle with them his account for thepreceding year, and exhibit to them all his books, accounts and vouchers to be audited and allowed.He shall also report at each regular meeting of the Commissioners the amount of monies receivedand expended by him during the intervening time, if so required.

3. County Assessor The duties and authority of the county assessor are specifically defined in W.S. 18-3-204

and in various sections of Title 39. The State Board of Equalization and the Department ofRevenue Rules also prescribe methodologies and procedures that must be followed.

The requirements for qualification, education, and certification of county assessors are setforth in W.S. 18-3-201. The assessor must be a qualified elector of the county and must own realproperty in that county. In addition, statute requires any person who makes valuation judgements tobe certified by the State Department of Revenue as a Property Tax Appraiser. Educationalrequirements must be met to achieve such certification.

Each county assessor is responsible for discovering, listing and valuing all taxable property,both real and personal, within the county annually. He/she is required to review every property every four years. He/she also examines the county records relating to transfers of property andgathers from all reliable sources information of the changes of ownership of property, and recordtransfers of property to assess all property to its rightful owner, including federal land into privateownership. Mapping is also an important part of this process. Map must be updated to reflectchanges in property boundaries, new plats, etc. Information is also gathered regarding land use todetermine if land qualifies as agricultural land. Under Wyoming statute, land used for agriculturalpurposes is valued based on the ability of the land to produce as opposed to the fair market value.

In order to accomplish the mass appraisal of all properties annually, the assessor is requiredto use the State of Wyoming Computer Assisted Mass Appraisal System (CAMA) prescribed byDepartment of Revenue rule. CAMA uses property characteristics such as size, quality, condition,etc to calculate values. CAMA simply automates industry accepted mass appraisal systems.

The assessor prepares the assessment schedule, and after the County Board of Equalization(CBOE), which is the Board of County Commissioners, has finished their equalization of propertyfor taxation, completes the roll. Immediately after the assessment roll is corrected by the countyboard of equalization and not later than June 1, the county assessor makes an abstract of theassessment roll containing the quantity and value of each class of property assessed for taxation andtransmits the abstract to the State Board of Equalization. The board then forwards the abstracts tothe Department of Revenue and asks for any recommendations with respect to equalization ofvalues. On or before the first Tuesday of August, the Commissioners set the mill to levy therequisite taxes for the year. On or before the third Monday in August, the assessor computes thetaxes, and delivers the tax list and the warrant for the collection of the taxes to the county treasurer,including the names of persons in whose names property has been listed in the county, with theclasses of property and the value, total amount of taxes and column of numbers and values and totaltaxes, commanding the treasurer to collect the taxes. At the end of the tax list and warrant, thecounty assessor shall prorate the total taxes levied to the several funds.

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4. Clerk of District Court The duties of the Clerk of District Court, the only constitutionally mandated county official,

are set forth in both Wyoming Statutes and Wyoming Court Rules, and by the direction of theCourt. These duties are to keep the journals, records, books, dockets, and papers appertaining to thecourt and record its proceedings. This includes filing and preserving all papers in civil, domesticrelations, criminal, probate, juvenile, adoption, involuntary hospitalization, and naturalization casesfiled in the court. Other duties include collecting, receipting, recording and processing all moniespaid to or through the court, either by court order or statute, and entering orders in regard to childsupport matters and judgments in civil matters, performing record searches. The Clerk of DistrictCourt also oversees all jury trials, summons and maintains juries for each term of court, attendscourt sessions at the discretion of the presiding judge, makes quarterly statistical reports to theWyoming Supreme Court, and processes appeals both from lower courts and administrativeagencies, as well as prepares appeals to the Wyoming Supreme Court. The Clerk of District Courtmay also serve as a passport acceptance agent.

5. County SheriffBy statute, it is the duty of each county sheriff to preserve the peace in the respective

counties and suppress riots, unlawful assemblies and insurrections. The county sheriff also servesand execute all processes, writs, precepts and orders issued by any court of record in his county orother lawful authority in all criminal and civil cases and attends all courts of record in his county(W.S. 18-3-604-606). He appoints all deputies.

Jails: In addition to the obvious duties of keeping the peace, each sheriff hascharge of the jail and the prisoners therein. The prisoners are kept by the sheriff or by a deputy ordetention officer appointed for that purpose. Each sheriff must make a monthly accounting to theCommissioners to show that the expenditures have actually been made (W.S. 18-3-603(a)). To alimited extent, it is the responsibility of the county sheriff and County Commissioners to pay for thecost of medical care for prisoners.(W.S. 18-6-303) The County Commissioners are required to paythe reasonable and necessary medical care for injuries incurred by a prisoner as a result ofnegligence by the sheriff or his staff, during the arrest as long as it was not incurred duringunlawfully resisting arrest or on work release, for any infectious or communicable diseases theycontract while in the custody or medical examinations required by law. Unless indigent, a prisoneris responsible for pre-custodial injuries and illnesses, any in-custody injuries not caused by thenegligent or torrid acts by the sheriff, self-inflicted injuries, or pre-custodial dental conditions. Thesheriff and County Commissioners have the obligation to provide necessary medical care, but thiscan be limited to some extent to what is necessary during the course of their incarceration only.

6. County AttorneyNatrona and Laramie counties are Wyoming’s only single county judicial districts, and elect

a district attorney. The district attorney does all criminal prosecutions in those judicial districts. Inthose two counties, the Commissioners appoint an attorney for a term of one (1) year, who may bereappointed on a year-to-year basis. The county attorney acts as civil counselor for the CountyCommissioners, the elected officials, and other county department heads and employees. In allother judicial districts, each county elects a county attorney. The county attorney does both thecriminal prosecution and civil representation for the county. The Boards of County Commissioners

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of two (2) or more contiguous counties not served by a district attorney may by resolutionconsolidate the offices into a single county and prosecuting attorney who shall be elected by a voteof the electors of all the counties within the consolidated area. In any county in a judicial district inwhich the office of district attorney has not been created, the county and prosecuting attorney shallhave the jurisdiction, responsibilities, and duties of the district attorney and of the county attorney.

Each county attorney acts in all courts in the state as legal counsel for his county and itsofficers acting in their official capacity, and prosecute or defend all suits instituted by or against hiscounty or counties or its officers, and gives his opinion in writing upon the request of any countyofficer of his county or counties, without fee, on all questions of law relating to the duties of suchoffice.

7. County CoronerThe coroner is an elected official who is required to investigate all deaths within the county

of jurisdiction that fall under the statutory definition of a “Coroner case”. (WS 7-4-104). Thepurpose of that investigation is to determine the identity of the deceased, and the cause and mannerof death.

The coroner is required to be certified by the State of Wyoming and faces criminal penaltyfor performing the duties of office without certification. The coroner must maintain reports and hasthe power to summon jurors and issue subpoenas to hold an inquest into a death. The coroner isalso responsible for the disposition of the body and effects of the deceased.

C. County Officer compensation, vacancies and other topics

1. Compensation The Commissioners hold a unique position in the county, and their salary reflects that

position. Though the Commissioners are responsible for many time-consuming duties, the job isnot considered to be full-time. The amount of time spent by each commissioner varies greatly,which adds to the difficulties involved in the fair distribution of compensation.

The upper and lower salary limits for county officials (county assessors, county clerks,clerks of district court, county sheriffs, county treasurers, part-time county and prosecutingattorneys, and appointed county attorneys) are determined by statute. Within those limits, thesalaries are set by the Commissioners. They also receive other benefits generally available toother employees such as health insurance and retirement.

As of January 1, 2007, the above mentioned officials are to receive an annual salary of notless than $10,000 nor more than $75,000, except full-time county attorneys. Full-time countyattorneys are to receive not less than $30,000 and no more than $85,000. After January 1, 2009,full-time county attorneys are to receive not less than $35,000 and no more than the salaryauthorized for a district attorney. All county salaries will be re-set every four years, with the nexttime scheduled for June 2010. This adjustment is not to be made during the term of an officialwhose salary is already determined. The Commissioners determine their own salaries byresolution, but it may not be more than the lowest salary of any full-time elected official, excludingthe county coroner. The state pays 50% of a salary for a full-time county and prosecuting attorneyand his deputies (W.S. 18-3-107). They also receive other benefits generally available to otheremployees such as health insurance and retirement.

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2. Oath of Office Upon assuming office, every county commissioner (and other county officers as well) is

required to subscribe to the following oath:"I do solemnly swear (or affirm) that I will support, obey and defend the constitution of the

United States, and the constitution of this state, and that I will discharge the duties of my office withfidelity; that I have not paid or contributed, or promised to pay or contribute either directly orindirectly, any money or other valuable thing, to procure my nomination or election, (orappointment) except for necessary and proper expenses expressly authorized by law; that I have not,knowingly, violated any election law of the state, or procured it to be done by others in my behalf;that I will not knowingly receive, directly or indirectly, any money or other valuable thing for theperformance or non-performance on any act of duty pertaining to my office, other than thecompensation allowed by law." (Wyo. Constitution, Art. 6, §20)

The forgoing oath shall be administered by a person authorized to administer oaths in theoffice of the clerk of the county in which the commissioner is to serve. Any person refusing to takesaid oath or affirmation shall forfeit his office. (Wyo. Constitution, Art. 6, §21)

3. Bonds In addition to subscribing to the oath, most new county officers, except county attorneys, are

required to give a bond to guarantee the faithful and honest performance of their duties. Commissioners and other officers post the bond within twenty days after the commencement of theterm for which they were elected or appointed. The bond for the Commissioners is to be in the sumof $1,000.00 (W.S. 18-3-102). The bonds for the other county officials are also set by statute,except for the treasurer, which is set by the Commissioners.

4. Vacancy in County Officers and Legislative AppointmentThe Commissioners make appointments to fill a vacancy in a county elective office by

following the procedure outlined in W.S. 22-18-111(ii), except when a position on the Board of County Commissioners is vacant.

a. Commissioner Vacancy Whenever a vacancy on the Board of County Commissioners occurs, whether by death,

resignation, disqualification, or otherwise, the remaining members of the board must declare avacancy to exist and immediately give notice of the vacancy in writing to the chairman of thecounty central committee of the political party which the member whose office is vacantrepresented at the time of his election. The chairman of the county central committee has twenty(20) days after receipt of the notice to call a meeting of the county central committee. At themeeting the committee selects three (3) persons qualified to fill the vacancy and transmit the namesto the board of county commissioners. The board fills the vacancy within twenty (20) days afterreceiving the list by appointing one (1) of the persons whose names are submitted.

If the County Central Committee fails to transmit the list of three names to the board, theremaining Commissioners are required to proceed to fill the vacancy. They do so in such a manneras to appoint a qualified person who is affiliated with the same political party as the individual whovacated the position. If the individual who vacated the position as commissioner was not affiliatedwith any party, the remaining Commissioners may appoint a person of any party who possesses the

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necessary qualification.Appointed Commissioners serve and hold their office until the next general election and

until a successor becomes qualified to enter the duties of the office. (W.S. 18-3-524)

b. Appointment of a County Elective OfficeThe procedure for appointment of a county elective office requires that the Commissioners

immediately notify, in writing, the chairman of the County Central Committee of the political partyto which the county officer belonged that the office has been vacated due to resignation, death, orother causes listed in statute, The chairman of the County Central Committee must hold a meetingof that committee not less than fifteen (15) days after receiving notice of the vacancy. At themeeting, the committee shall select and transmit to the Commissioners the names of three personsqualified to fill the vacancy. Within five (5) days after receiving these three names, theCommissioners must fill the vacancy by appointment of one of the three to hold the office.

The newly appointed county official will serve for the remainder of the unexpired term untila successor is elected at the next general election and takes office on the first Monday of thefollowing January. However, if a vacancy occurs after the first day for filing an application fornomination pursuant to W.S. 22-5-309, the successor shall serve until the first Monday in Januaryfollowing the second general election thereafter (W.S. 22-18-111(a)).

The appointment of county officers also extends to state representatives and senators in thecounty. The County Commissioners appoint replacements for these positions as well, and for thoseinstances where a house or senate district extends over the boundary of a county line, there may bemore than one set of Commissioners involved.

c. Commissioners declaring a county office to be vacant The Commissioners may declare the office of an elected county officer other than a

commissioner, to be vacant:(1) Whenever such officer fails to devote full time to the duties of the office;(2) Whenever such officer has been absent from the office without leave of theCommissioners for a total of sixty days in any three-month period, unless such absence wascaused by illness or other disability; (3) Whenever such officer has been absent from the office for more than ninety daysbecause of illness or other disability, and, after a fair investigation, the board is satisfied thatsuch illness or other disability will not end during the unexpired portion of such officer'sterm of office; and,(4) In the case of the assessor, the Commissioners may also declare the office to be vacantif he/she has not fulfilled the orders of the Department of Revenue (DOR) or State Board ofEqualization (SBOE) relating to assessment of property (W.S. 18-3-901).

5. Expenses Reimbursements for necessary per diem and travel expenses are also paid to the

Commissioners and other county officials. This allowance usually includes mileage for travelwhen the commissioner is going to and from meetings of the board and when traveling to dischargethe duties of his/her office.

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Below is a sample agenda from a typicalcommissioner meeting. Obviously, thisagenda would change considerably fromcounty to county, depending on the issues tobe addressed at each meeting.

SAMPLE MEETING AGENDA

I. PRELIMINARY:A. CALL TO ORDERB. QUORUM PRESENTC. PLEDGE OF ALLEGIANCED. APPROVAL OF MINUTESE. APPROVAL OF AGENDAF. ACCEPTANCE OF BILLS

II. REPORTS III. APPOINTMENTS IV. OLD BUSINESS V. NEW BUSINESS VI. ANNOUNCEMENTSVII. ADJOURNMENT

IV. GENERAL OPERATION AND CONDUCTING OF BUSINESS

A. Commissioner Meetings in GeneralBy statute, the Commissioners shall meet at the county seat of their respective counties on

the first Tuesday of each month, or at such other times as may be designated by resolution of theboard, or when it is necessary to meet for the transaction of urgent county business (W.S. 18-3-502). As a practical matter, virtually all counties meet on at least the first and third Tuesdays ofeach month.

The Commissioners may establish rules and regulations to govern the transaction of theirbusiness. In establishing an orderly meeting process, it is important to recognize that there arestatutory processes that need to be followed, which override strict parliamentary procedure. Guidelines, such as “Parliamentary Procedure Basics for Governmental Bodies”, often serve aBoard of County Commissioners. Thestatutes require that the meetings shall be heldwith “open doors”, and all persons conductingthemselves in an orderly manner may attendtheir meetings (W.S. 18-3-506). The mannerin which the meetings are conducted isimportant. It is hard to achieve public respectfor the public body if meetings are not runproperly. Even more important, if properprocedures are not followed, its actions maybe overturned. At the first meeting after theirelection or appointment, the Commissionersselect a chairperson who shall preside at allmeetings. In the case of the chairperson'sabsence, either one of the other members mayact as temporary chair (W.S. 18-3-507). Anytwo members of the board constitute aquorum (W.S. 18-3-501), except where thereare five Commissioners, then three constitutesa quorum.

B. Conduct at MeetingsIf any public meeting is willfully

disrupted so as to render the orderly conductof the meeting unfeasible, the governing bodymay order the removal of the person or persons responsible from the meeting room and continue insession; or it may recess the meeting and reconvene at another location, but only matters on theagenda can be acted upon at such reconvened meeting (W.S. 16-4-406 and 18-3-506). All personsconducting themselves in an orderly manner may attend their meetings.

C. Open Meeting Law and Public Records ActIn 1973, a law, commonly referred to as the "Open Meeting Law", was passed to assure that

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the public would be informed when an agency is to hold a meeting and be given an opportunity tohear what is said during that meeting (W.S. 16-4-401 through 408). The law also provides that:

“All meetings of the governing body of an agency are public meetings, open to the public atall times, except as otherwise provided. No action of a governing body of an agency may betaken except during a public meeting following notice of the meeting in accordance withthis act. Action taken at any meeting not in conformity with this law is null and void" (W.S.16-4-402). “Meeting" means an assembly of at least a quorum of the governing body of anagency which has been called by proper authority of the agency for the purpose ofdiscussion, deliberation, presentation of information or taking action regarding publicbusiness.

Therefore, any discussion, deliberation, decision, formal and informal meetings, and work sessionsto consider matters which are within the scope of the agency's business are included in thisdefinition. However, this definition specifically excludes day-to-day administrative duties ofCommissioners.

Notice of all meetings must be given as provided in the act. However, an emergencymeeting on matters of serious immediate concern can be held for the purpose of taking temporaryaction without notice, if reasonable efforts are made to offer public notice. If action taken at anemergency meeting or executive session is to be made permanent, it must be reconsidered and actedupon at an open public meeting within forty-eight hours (W.S. 16-4-404(d)). Again, day to dayadministrative actions are not subject to this section.

1. Penalties An amendment was added in 2005 containing a penalty clause that states: “Any member or members of an agency who knowingly and willfully takes an action inviolation of or conspires to take an action in violation of this act shall be guilty of amisdemeanor. Any member of the governing body of an agency who attends or remains at ameeting where an action is taken knowing that the action is in violation of this act shall beguilty of a misdemeanor unless minutes were taken during the meeting and the parts thereofrecording the member's objections are made public or at the next regular public meeting themember objects to the meeting where the violation occurred and asks that the objection berecorded in the minutes. Either misdemeanor violation under this subsection is punishableupon conviction by a fine of not more than seven hundred fifty dollars ($750.00).”

2. Special meetings Special meetings may be called by giving notice of the meeting to each member of thegoverning body and to each newspaper of general circulation, radio, or television stationrequesting such notice. The notice must specify the time and place of the special meetingand the business to be transacted. No other business may be considered at a specialmeeting.

3. Executive Session Boards of County Commissioners are required to sit with “opendoors” when the meet. In other words, county business must be conducted in open

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meetings. However the statutes provide for closed meetings under certain conditions. Theopportunity to discuss items in executive session must be used sparingly, and only whenclearly authorized by the open meeting law. The Commissioners may exclude anyone froman executive session, except the county clerk, who must attend to take minutes. Thoseminutes are not published however. Executive sessions are the most misunderstood andmisused of all meeting rules. By statute, executive sessions can be held only as specified(W.S. 16-4-405):

a. Meetings with law enforcement officials or their deputies to consider mattersposing a threat to the security of public or private property, or a threat to thepublic's right of access;

b. Meetings to consider the appointment, employment, right to practice ordismissal of a public officer, professional person or employee, or to hearcomplaints or charges brought against an employee, professional person orofficer, unless the person concerned requests a public hearing. Witnesses ateither a public or private hearing can be excluded during the examining of allthe other witnesses. Following the hearing, be it open or closed, thegoverning body may deliberate on its decision in executive sessions;

c. Meetings on matters concerning litigation to which the governing body is aparty or proposed litigation to which it may be a party;

d. On matters of national security;e. Meetings to consider the selection of a site or purchase of real estate when

publicity regarding such consideration probably would have a tendency tocause an increase in the price;

f. Meetings to consider the acceptance of gifts, donations, and bequests whichthe donor in writing has requested be kept confidential;

g. Meetings to consider or receive any information classified as confidential bylaw; and

h. Meetings to consider the acceptance or tender of offers regarding wages,salaries, benefits, and terms of employment during all such negotiations(W.S. 16-4-405).

D. Records and Publication of ProceedingsThe Commissioners must publish the minutes of all regular and special meetings in a

newspaper published in the county.It is important that the County Commissioners understand that official actions can only be

taken at a public meetings, and that many of the documents they obtain during the course of theiractions are subject to public disclosure (Public Records Act - W.S. 16-4-201).

The Commission annually designates an official newspaper where proceedings and publicnotices are published. When there is more than one paper published in the county, theCommissioners shall designate which shall be the official paper of the county (W.S. 18-3-517). A1998 Wyoming Supreme Court decision affirmed that counties could only use a newspaper with atleast $500 in paid subscriptions.

The county clerk of the county, within twelve days after the adjournment of every meeting,must furnish a copy of the proceedings of each meeting to the newspaper. It shall contain an

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account of every bill except salaries and wages presented to the board, showing the amount of thebill, the amount allowed and what the bill is for, and by whom presented. The Commissionersshall, when practicable, publish a notice of the time of all regular and special meetings (W.S. 18-3-516). Wages and salaries must be published separately in accordance with W.S. 18-3-516 (b)(i) aswell as a complete list of all chief and assistant administrative officials, elected officials,department heads, and full-time employees of the county specified by name and position (W.S. 18-3-516(b)(ii)).

V. BUDGETING PROCESS

A. County Budget Process The budgeting procedure for counties is administered through the Uniform Municipal

Fiscal Procedures Act (UMFPA) (W.S. 16-4-101-124). The person in charge of coordinating the budget on the county level is the county clerk, who

is designated the county budget officer by statute. The clerk’s responsibility as the budget officeris to plan the financial operations for the fiscal year (W.S. 16-4-104). All departments withincounty government must submit budget requests by May 1 estimating the requirements of thats t

department for the ensuing fiscal year. Based on these departmental requests, the clerk prepares arequested budget for each fund and presents the budget to the Commissioners. Each proposed andadopted budget must contain the estimates of expenditures and revenues developed by the budgetofficer together with specific work programs and other supportive data. The estimates of revenuesmust contain estimates of all anticipated revenues from any source, including any revenues fromstate distribution of taxes including sales and use tax, any local optional sales and use tax, lodgingtax, fuel tax, cigarette tax, severance tax and federal mineral royalties from the state, any mineralroyalty grants from the state loan and investment board, and any local sources including businesspermits and building permits.

Each budget contains the estimates developed by the budget officer from the supportivedata supplied by the department and also include specific work programs. Each budget must beaccompanied by an explanation of the budget request including departmental financial policies and an explanation of changes made from the last budget submitted. This procedure is followed for allrequests before the budget officer submits the request to the Commissioners. The budget requestmust be given to the Commissioners by May 15th.

A summary of the requested budget must be published at least one week before the hearingdate. Publication must be in a newspaper having general circulation, or must be posted in threeconspicuous places in the county. Hearings for the county budget shall be held not later than on thethird Monday in July nor prior to the second Monday in July. Special purpose districts may chooseto hold their budget hearings in conjunction with the county hearings and must advertiseaccordingly (W.S. 16-4-109). Because this procedure is to be informative to the public, publicaccommodations must be made.

There are special considerations regarding the budgets for special districts. The budgetpresented to the Commissioners is only a request for funding, according to the Wyoming SupremeCourt in Albany County Weed and Pest District v. Albany County, 592 P.2d 1154 (Wyo. 1980). In

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this case, the district brought suit against the Commissioners because of the board's reduction in thedistrict's budgeted tax levy request. The board refused to fulfill the budget by imposing the full taxlevy requested. There is no mandatory obligation to levy the full amount requested in the district’sbudget, and a lesser amount can be approved by the board and budgeted accordingly. However, in1997, the District court in Sweetwater county held that the Sweetwater County Commissionerscould not lower the mill levy of the local fire district. The difference is that the Weed and PestDistrict board is appointed, while the fire district board is elected. Thus, the Commissioners, duringbudget hearings, do have discretion as to the amount of money it will approve for a particulardistrict only if given the authority by statute or if the board is appointed.

Within 24 hours of the conclusion of the public hearing on the budget held under W.S. 16-4-109 (b), the Commissioners, by resolution or ordinance, make the necessary appropriations andadopt the budget which shall be in effect for the next fiscal year. A copy of the budget, certified bythe budget officer, shall then be furnished to the Commissioners so that the proper tax levy can bemade. The governing body cannot make any appropriations in the fiscal budget in excess of theestimated expendable revenue for the budget year.

The estimated revenue from property tax required by the adopted budget shall constitute thebasis for determination of the mill levy to be applied for the corresponding tax year. No countymay set a mill levy in excess of 12 mills.

Execution of the budget is done primarily through each department in conjunction with thebudget officer.

B. AuditingThe Commissioners do not perform any direct accounting functions. However, they are

required to arrange for an annual audit of all financial affairs for each fiscal year. This process isdone by independent auditors, according to current government audit standards (W.S. 9-1-507(c)). The county must budget for the audit and make available all records requested for the audit. It isthe duty of the Wyoming Department of Audit to exercise supervision over the books, financialaccounts, and the financial records of all counties and county officials.

C. Investment of County MoneyA county must have a written Statement of Investment Policy as required by W.S. 9-4-

831(h). The written policy should delineate the financial accounting procedures of a county, whichare usually divided among the Commissioners, the County Clerk, and the County Treasurer. TheCounty Clerk is designated by statute as the county budget officer, and the County Treasurer is incharge of the county treasury. No investment of public funds may be made by the treasurer untilthe Board of County Commissioners has first authorized that investment (W.S. 9-4-831(b)). Counties must invest public funds in a manner which will provide a reasonable rate investmentreturn while assuring the maximum security of principal, meeting the daily cash flow demands ofthe County and conforming to all federal, state and local laws and regulations governing theinvestment of public funds. The policy applies to all financial assets of the county, including: County General Funds, Special Revenue Fund, Capital Project Funds, Enterprise Funds, Trust andAgency Funds, Debt Service Funds, Payment-in-Lieu-Taxes (PILT), Health Benefits Trust, 1% Optional Sales Tax, Public Health Funds, and any new fund created by the Commissioners.

Investments must be made with judgment and care, under circumstances then prevailing,

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Major Sources of County Revenue

1. Property Tax2. State Shared Revenue

a. Sales and Use Taxesb. Severance Taxesc. Fuel Taxesd. Cigarette Taxes

3. Local Optional Taxesa. 1% Optional Sales and Use Taxb. Capital Facilities Sales and Use

Tax4. Federal Shared Revenue

a. US Fores t Serviceb. Taylor Grazing Actc. PILT (Payment in Lieu of Taxes)

5. Grants and Loans6. Locally assessed fees

which persons of prudence, discretion andintelligence exercise in the management oftheir own affairs, and not used for speculation. The standard of prudence to be used byinvestment officials is called the "prudentperson" standard and is applied in the contextof managing an overall portfolio. Investmentofficers acting in accordance with writtenprocedures and the investment policy andexercising due diligence are usually relieved ofpersonal responsibility for an individualsecurity's credit risk or market price changes,provided deviations from expectations arereported in a timely fashion and appropriateaction is taken to control adversedevelopments. Normally, the primaryobjectives of the county investments, inpriority order, should be:

1. Safety2. Liquidity3. Return on Investment:

The County’s investment portfolio should be designed with the objective of attaining a reasonablerate of return throughout budgetary and economic cycles, taking into account the County’sinvestment risk constraints and the cash flow characteristics of the portfolio.

VI. REVENUE AND EXPENDITURES

A. General County RevenueCounty finances are based on a wide variety of revenue sources. The most important

sources of revenue are property and sales taxes. Additional significant sources of revenue includestate-shared revenue, service charges, interest earnings, and money from the federal government,including Payment-in-Lieu-of-Taxes (PILT). Property taxes are collected and redistributed to thecounty general fund, cities, towns, school districts, and other local units of government. Pleasenote: Because revenue collections can vary widely each year, this document contains few, if any,revenue estimates. For annual estimates, please review the estimate in the “Revenue EstimatingManual” produced annually by the Wyoming County Commissioners Association.

All public money received by any county officer is required to be placed in the countytreasury of that respective county (W.S. 18-4-101). Also, in regard to the payment of any tax,assessment, license, permit, fee or fine by any county's citizen, the Commissioners are authorized toallow any county officer, agent or employee to accept negotiable paper (money orders, checks, anddrafts signed by a holder of a lender credit card issued by a bank maintaining a revolving loanaccount) as payment (W.S. 18-3-505).

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1. Property Tax and the County Mill LevyThe single largest source of county revenue in most counties is the property tax, although

sales taxes has become number one in several counties. The property tax revenue is generatedfrom a “mill levy” on the assessed value of all property in the county. A mill is equivalent to onethousandth (1/1,000) of the whole value. The average total county levy is about 70 mills, or 70/1,000, or 7% of the value. Although the total county mill levy may vary from less than 70 tomore than 80 mills, the county itself is limited to 12 mills for its own purposes by the WyomingConstitution.

a. Mill Levies: The mill levies are authorized by statute (W.S. 39-13-104) . Eachcounty may apply a levy not to exceed a total of twelve (12) mills, for the following purposes:

• the operation of a county hospital;• the operation of a county library;• the operation of a county fair;• the operation of a county museum;• the support of public assistance and social services;• the operation of an airport;• for civil defense;• a county building fund as provided by W.S. 18-4-201;• county road and bridge purposes;• dedicated recreation purposes as provided by W.S. 18-9-201;• public health purposes as provided by W.S. 35-1-304.

The number of mills necessary for the payment of the county debt and interest thereon not toexceed the limitation prescribed by article 16, sections 3 and 5, Wyoming constitution.

Each special districts has its own statutory limit. The following is a list of special districts relatingto counties and their tax levy limits W.S. 39-13-104 (e):

Community college district Ten (10) mills Hospital district Six ( 6) millsSpecial cemetery district Three ( 3) millsFire protection district Three ( 3) millsSpecial museum district One ( 1) millSolid waste disposal district Three ( 3) millsCounty weed and pest control district One ( 1) mill Rural health care district Two ( 2) mills Soil and water conservation district One ( 1) millSenior citizen service district Two ( 2) mills

Improvement and service districts and water and sewer districts may place special assessments onthe tax bill to be collected with other taxes. Special assessments pay for local infrastructure - roads,water and sewer lines, etc.

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b. Method of assessment:The county assessor is required to deliver to the board the assessment roll with all the

property listed and the valuation of that property on or before the fourth Monday in May (W.S. 18-3-204). In addition, the assessor presents the Commissioners with a list showing the valuation ofthe assessed property in every school district within the county. When the assessor completes thesetasks, the Commissioners are required to meet as a County Board of Equalization (CBOE) (see page12). After the equalization process has been completed, and on or before the first Tuesday ofAugust, the Board of County Commissioners for each county shall by order of record levy therequisite taxes for the year. (W.S. 39-13-102 (g)). The levy shall include the state taxes certified bythe state board of equalization, county taxes, city and town taxes, school taxes, special district taxes,and community college district taxes. Taxing entities must have budgets to the commissioners bythe following statutory deadlines:

A) On or before the fourth Monday in May by incorporated cities and towns under fourthousand (4,000) inhabitants;B) On or before July 31 by all governmental entities subject to the Uniform Municipal FiscalProcedure act and all special purpose districts having the authority under general laws tolevy taxes or impose assessments;C) On or before the first Monday in August by the board for state purposes as provided byW.S. 9-4-302, 21-13-303 and Title 39.

No levy certified by the Board of County Commissioners shall exceed the statutory or constitutionallimitation for the governmental entity for which the levy is made and the county treasurer shall notcollect any levy in excess of those limitations.

On or before the third Monday in August, the assessor computes the taxes, and delivers thetax list and the warrant for the collection of the taxes to the county treasurer. The assessedvaluation of property is primarily based on three classifications of property: mineral production,which is valued at 100% of its market value; industrial property, which is valued at 11.5% of itsmarket value; and agricultural, commercial and residential lands which are valued at 9.5% of market value (agricultural is based on production). A sample method of determining the propertytax on a residential structure using the state average of a 70 mill county levy is as follows:

Fair Market Value x Tax Assessment Rate = Assessed Value x Mill Levy = Property tax

$100,000 x 9.5 % = $9,500 x 70 = $665.00

An Assessment Schedule, mailed by the county assessor, and a Property Tax Notice, mailed by thecounty treasurer, are on the next page. On the following page is a table providing a month-by-month schedule for tax purposes.

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TAX CALENDAR FOR COUNTIES

DATE W HAT W HO

January 1 Assess all locally assessed property Assessor

February

March 1 Deadline for Personal PropertySchedule

Taxpayer

April

4 Mondayth

4 Tuesdayth

Mail assessment schedules and

return assessment roll to County

Commiss ioners

Review assessment rolls

Assessor

County Board of Equalization

May

May 10th

File appeal within thirty days of

mailing of assessment notice

Second ½ taxes due

Taxpayer

Taxpayer

June 1st

3 Tuesdayrd

Submit abs tract to SBOE

Advise County Board of needed

levies according to adopted budget

Assessor

Cities and Towns

July 1st

31st

Approve abs tract

Advise of mills to levy

SBOE

All tax dis tricts other than Cities and Towns

Augus t

1 Tuesdayst

Augus t 10th

3 Mondayrd

Advise Counties of s tatewide Mills

to be levied

County Board of Equalization

orders from appeals entered

Levies set for all tax dis tricts in

counties

Valuations and levies sent to SBOE

Compute taxes from SBOE values

and send tax lis t to Treasurer

SBOE

County Board of Equalization

County Board of Equalization

Assessor

Assessor

September 1 Mobile Machinery Mill Set SBOEst

October 10 Tax Notice Sent Treasurerth

November 10 Firs t ½ payment taxes due Taxpayerth

December 31 All taxes payable unless firs t ½st

paid

Taxpayer

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2. Local Optional Taxes Local citizens are allowed to tax themselves for several purposeson sales and use tax in addition to the state-imposed 4 cent tax. One tax is a general purpose tax,one is for capital facilities (specific purpose), one a lodging tax, and, most recently, one foreconomic development. All must be voted in by the residents. The total of the general purpose, specific purpose, and economic development taxes may not exceed three percent (3%).

a. General Purpose Sales and Use Tax : This revenue is a significant source offunds. Counties may put this revenue in the general fund, or allocate these dollars to specificprojects such as county roads, the library, etc.. The money collected is distributed in the samemanner as the state four-percent tax, on a population basis within the county. It must be renewedevery four years by vote, or, once the citizens have voted in the initial tax, the Commissioners may extend the tax by resolution, with the concurrence of a majority of the cities and towns. This taxused to be considered the “5 penny”because the maximum amount was one percent in addition toth

the state tax. W.S. 39-15-203(a)(i).

b. Specific Purpose Sales and Use Tax: This revenue is for a specific amount for aspecific project or projects. When the dollar amount is collected, the tax is ended. For instance, if anew jail will cost $5,000,000, the tax is collected until that amount is raised, then is automaticallyterminated. It is often the only source of funding for non -revenue producing projects. Operationand maintenance costs can also be figured into the total tax amount. W.S. 39-15-203(a)(iii)

c. Lodging Tax: The proposition to impose an excise tax is submitted to the votersupon receipt by the county commissioners of a petition signed by at least five percent (5%) of theelectors of the county, or of a resolution approving the proposition from the governing body of thecounty and the governing bodies of at least two-thirds (2/3) of the incorporated municipalitieswithin the county. The rate can be from one percent (1%) to four percent. At least ninety percent(90%) of the funds must be used to promote travel and tourism within the county, city or townimposing the tax. The amount remaining - not to exceed ten percent (10%) - may be distributed asgeneral revenue within the governmental entity imposing the tax.

d. Economic Developemnt: The purpose of this tax is economic development. Therate may be in increments of one-quarter of one percent (.25%) not to exceed a rate of one percent(1%). The proposition to impose an excise tax is submitted to the voters upon receipt by thecounty commissioners of a petition signed by at least five percent (5%) of the electors of thecounty, or of a resolution approving the proposition from the governing body of the county and thegoverning bodies of at least two-thirds (2/3) of the incorporated municipalities within the county.

3. State-Shared Revenue Sources

a. Sales and Use Tax The state has a four percent (4%) state sales and use tax. Sixty-nine percent (69%) is

retained by the state, one percent (1%) goes directly to counties without municipal distribution, andthirty percent (30%) goes to cities, towns and counties. The 30% distributed to cities, towns, and

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counties is first returned to the county of origin, then distributed to the county and its cities andtowns based on the percentage the population of each bears to the total county population. Theallocation to county government uses only unincorporated area of a county. For instance, the 2000census showed the unincorporated area of Albany County with a population of 4,575; the city of Laramie 27,204; and the town of Rock River 235, for a total population of 32,014. The County receives 14.29%, Laramie 84.98%, and Rock River 0.73% of the sales tax allocated to their county(W.S. 39-6-411). The taxes are distributed monthly by the Department of Revenue.

b. Mineral Severance/Royalty Tax Revenue - The 2001 Legislature madesignificant changes in the distribution of severance taxes and Federal Mineral Royalties. What hadbeen a very complex distribution from various minerals to various accounts and recipients wassimplified to a few large accounts. The legislation also placed a cap on the fund from whichcounties receive their revenue. That cap is currently 155million dollars (see “under-the-cap”below). It also provided that counties receive a share of severance taxes, but not Federal MineralRoyalties.

The counties receive three different allocations from severance taxes, each with a differentdistribution formula:

• To the road construction funds of the various counties as provided by W.S.24-2-110, two and nine-tenths percent (2.9%), Each county's share of fundsis computed as follows: 1/3 pop; 1/3 miles; 1/3 inverse assessed value. (W.S. 39-14-111 (vii))

• To the county general fund, seventy-eight hundredths percent (0.78%). Each county's share of funds is computed as follows: ½ population; ½ inverse assessed value. (W.S. 39-14-801 (v))

• To the county general fund, three and one-tenth percent (3.1%). Eachcounty's share of funds is computed simply on population. (W.S. 39-14-801(vii)).

“Over-the-Cap Severance Taxes” After allocating the amount of severance taxes to thePermanent Wyoming Mineral Trust Fund (PWMTF) required by the Constitution, and funding the$155MM cap discussed above, the legislature has the freedom to allocate over-the-cap funds asthey wish. Recent legislatures have allocated a significant amount of these funds to localgovernments. The FY 2009-10 State budget will provide a little over $48 million in directdistributions to counties, and $191 million for capital facilities to be allocated by the localsthemselves. These are one-time allocations, and cannot be considered an annual amount.

c. Fuel Tax Revenue1. Gas Tax: The source of this revenue is a tax of $.13 per gallon imposed on

sales of gasoline and gasohol. Counties receive 13.5% of the total gas tax collected, afterdeductions. The distribution formula is based on three factors. One-third is based on the area ofthe county, one-third is based on the valuation of the county, and one-third is based on thepercentage the rural population (including towns of less than 1,400). This revenue must be usedfor county roads, and is distributed monthly by the Department of Transportation. In addition,another fourteen percent (14%) of the gas tax is given to the counties for the County Road FundProgram (see Transportation) for the construction of county roads. These road construction funds

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are allocated using a two-part formula of ½ rural population., including towns under 1,400; and ½ area. (W.S. 39-17-111(d)(ii)).

2. Diesel Tax: The source of this revenue is a tax of $.13 per gallon imposedon the sale diesel fuels. Counties receive 20% of the total diesel fuel tax collected, after deductions. The distribution formula is the same as gasoline (above). This revenue must be used for countyroads, and is distributed monthly by the Department of Transportation.

d. Cigarette Tax Revenue- Wyoming imposes a tax of $.006 on each cigarette, or12 cents per package of 20 cigarettes. Of the total collected, 74.5% is distributed to cities, townsand counties, and the remaining amount is distributed to the State's General Fund. Distributionshave a wide range, but average about $500,000 annually. Cigarette taxes are distributed to thecities, towns, and counties based on point of sale (W.S. 39-6-103 and 39-6-108). That is, if vendorslocated in the unincorporated area of a county sells 5% of all the cigarettes sold in the state, thatcounty will receive 5% of the total cigarette taxes dedicated to cities, towns, and counties. Thetaxes are distributed monthly by the Department of Revenue.

4. Federal Revenue SourcesThere are two federal revenue sources which are distributed by the State Treasurer - the U.S.

Forest Reserve funds and the Taylor Grazing Act funds. In addition, the Payment-in-Lieu-of-Taxes(PILT) funds are distributed by the Bureau of Land Management directly to the counties.

a. Secure Rural Schools: Previously known as the U. S. Forest Reserve Funds, theprograms used to allocate twenty-five percent (25%) of the revenue generated on the NationalForest back to the county. Wyoming statutes (W.S. 9-4-501) require that the Commissionersapportion the monies between the general school fund and the road fund of their county, with notless than five percent (5%) of the monies credited to either one of the funds. The revenue wasgenerated primarily from timber sales, but also from grazing fees, etc. Each county's share wasbased on the number of acres of National Forest land located in each county. Distributionsaveraged about $2 million annually. Beginning in 2001, counties were allowed to select from oneof two options: 1) to continue to receive the twenty-five percent, or 2) receive the average of thethree highest years revenue between 1986 and 1999.

The program was scheduled to terminate in 2006, but renewed on a one year basis. It wasassumed the program would end in 2008, but is was surprisingly re-authorized in the federal bail-out bill in September 2008. The re-authorization is for four (4) years, and more importantly, theformula was changed. The new formula tripled the amount coming to Wyoming, with acorresponding increase for most counties. The amount should stay at $7.2MM until 2011. Thesefunds are usually distributed by the State Treasurer in December of each year.

b. Payment-in-Lieu-of-Taxes: These funds are distributed by the Bureau ofLand Management directly to each county in September. The program was initiated by Congress in1976 and is intended to reimburse counties for at least a portion of the costs associated with havingfederal land in the county, but no method to tax anyone for the services the counties provide. Theprogram funded had increasing annually, but was is still far from the full amount authorized. Thensurprisingly, it was re-authorized in the federal bail-out bill in September 2008. And not only was

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it re-authorized, but at full funding. Wyoming’s amount increased from $15.5MM to $24 MM.There are two formulas used to determine each county’s share, one a flat rate per acre with nodeductions, and one with a much higher rate, but with deductions. The formula providing thegreater amount within each county is used. Those formulas are too detailed to explain in thisdocument, and are changed each fiscal year.

5. Grants and LoansOne of the most effective ways for counties to obtain additional funds is through various

grants and loans from the state and federal government. However, caution must be taken, becauseall grants contain requirements for administration and auditing. These costs must be taken intoaccount when looking at the total cost of a project. A more complete list of grant programs isavailable at the Wyoming County Commissioners’ Association office.

a. State Loan and Investment Board:A major source of infrastructure grants and loans for local government entities is the State

Loan and Investment Board (SLIB). The SLIB consists of the State's five elected officials. Thegrants and loans staff of the Office of State Lands and Investments (OSLI) provide day-to-dayadministration. Eligible capital projects for grants and loans include water and sewer, streets androads and other critical infrastructure needs. Applications are reviewed by SLIB at regular orspecial meetings within any given year. Applications must be submitted to OSLI at least twenty(20) calendar days in advance of a SLIB meeting.

For the 2009/2010 biennium the Wyoming Legislature appropriated $234.4M in grantfunding for infrastructure capital projects for local government entities. The vast majority of thisfunding, $191M, is for countywide consensus list projects. Through this process local governmententities prioritize capital projects for funding within their county block grant appropriation. TheSLIB reviews countywide consensus lists for project eligibility and consensus certification. Theremaining grant funding sources are by direct application to OSLI for consideration by SLIB. Theyare: 1) $10M - Emergency Capital Projects, 2) $32.4M - Large Unfunded/Partially Funded CapitalConstruction Projects and 3) $1M - Investment Grade Energy Audits.

Demand for grant funding typically exceeds available funding. Please contact OSLI grantsand loans staff concerning available grant balances. While loans may not be considered asattractive an option as grants OSLI administers three (3) infrastructure loan programs that featurevery attractive loan interest rates and loan repayment terms.

Additional details concerning SLIB and its rules and grants and loans programsadministered by OSLI are available online at: http://slf-web.state.wy.us

b. Community Development Block Grant (CDBG) program: The WyomingBusiness Council administers the CDBG Program. The CDBG Program is a federally funded pass-through grant program from the U.S. Department of Housing and Urban Development (HUD). TheState normally receives an annual allocation from a low of $2.2 million to a high of $3.7 million.

The Wyoming Business Council administers the CDBG program for economic andcommunity development projects, and its board of directors approves grant recipients. TheWyoming Community Development Authority, called the WCDA, manages the portion of fundingdesignated by the Wyoming Business Council for housing in Wyoming.

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Wyoming is given broad authority to design and structure a program that meets thecommunity and economic development needs of Wyoming communities, however, any projectfunded with CDBG funds must meet one of three HUD imposed national objectives. The threeobjectives are:

1. Benefit to low and moderate income families 2. Elimination of slums and blight 3. Projects which meet an urgent community development need that pose a seriousand immediate threat to the health or welfare of the community

Moderate income is defined as eighty percent of the median income and adjusted by familysize. For example, for most areas of the state, a household income of $43,500 per year for a familyof four is considered a moderate income.

Only counties and incorporated cities and towns are eligible to apply for CDBG funds.However, local governments may apply on behalf of other units of government, non-profit and for-profit businesses, and special interest groups. The cities of Casper and Cheyenne are not eligiblebecause they are entitlement cities and receive CDBG funds directly from HUD. Laramie and

Natrona counties may apply on behalf of a project located within the municipal boundaries ofCheyenne and Casper respectively if it can be demonstrated the benefits of the project are availableon a countywide basis.

c. Community Facilities Grant and Loan Program The Legislature created theCommunity Facilities Grant and Loan Program with a $7.5 million appropriation in 2005. Thepurpose of the program is to assist communities with grant and loan funding to construct localenhancements to a school building or facility or preserve former school and government facilitiesthat have existing or future community uses. All projects must be related to economic developmentor quality of life enhancement. Facilities may be space for community gatherings and functions,recreational, swimming and athletic facilities for community members, particularly youth.

d. Business Ready Community Grant & Loan Program The Business ReadyCommunities program can provide financing for publicly owned infrastructure that promoteseconomic development within Wyoming communities. Projects may include direct job creatingprojects where a business has committed to locate or expand in a community, and communityreadiness projects to develop facilities and infrastructure as part of a strategy to help businessesexpand or locate in a community, and community enhancement projects to assists communities thatwant to improve the aesthetic character or quality of life through such activities as landscaping,recreational or convention facilities.

This program provides financing for publicly owned infrastructure that serves the needs ofbusinesses and promotes economic development within Wyoming communities. Cities, towns,counties, joint powers boards and both Tribes are eligible to apply for funding. Public infrastructurethat is eligible for funding includes water; sewer; streets and roads; airports; rights of way;telecommunications; land; spec buildings; amenities within a business park, industrial park,industrial site or business district; landscaping, recreation and educational facilities; and otherphysical projects in support of primary economic and educational development.

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e. Workforce Housing Infrastructure Program The 2007 Legislature created theWyoming Workforce Housing Infrastructure Loan Program. The purpose of the program is toprovide loans to cities, towns and counties as well as both tribes to pay the cost of constructingpublic infrastructure such as water lines, sewer lines and roads to the boundaries or through aresidential subdivision. The intent is to facilitate the creation of lots for the construction of housingaffordable to the Wyoming workforce. The program was funded with a one time $1Mappropriation.

f. Abandoned Mine Land Funds (AML) The Abandoned Mine Land (AML)program is a division of the Wyoming Department of Environmental Quality. The AML programin 25 states and Tribal Nations was created and funded by the Surface Mining Control andReclamation Act of 1977, P.L. 95-87 (SMCRA). SMCRA authorizes the U.S. Department of theInterior, Office of Surface Mining (OSM), to collect a reclamation fee on coal mined in Wyoming. By law, 50% of collections are to be returned to the state or Tribe of origin.

However, Congress did not appropriated the full state share resulting in a Trust Fund

balance of more than $579 million earmarked for Wyoming. The State did receive about$30,000,000 each year from those collections. Those funds were earmarked for projects toeliminate the hazards to human health, public safety, and the environment resulting from miningactivities occurring prior to the passage of SMCRA. Up until 2004, AML allocated about$2,000,000 per year for infrastructure projects in communities impacted by mining activities.

On December 20, 2006 President Bush signed a bill extending the Abandoned Mine Landfee collection authority for 15 years. Beginning in FY 08 (which started Oct. 1, 2007), Wyomingwill receive annually one-seventh of the estimated $579 million of the State’s share of the AMLtrust fund. The seven equal payments to the state for the past balance come to $82.7 million a year.

Also in FY 09, Wyoming will begin receiving an escalating percentage of reclamation feescollected from Wyoming coal producers. The state will receive the first payment of the newlycollected fee in 2009 - about $18 million. The payments increase each year until FY 2011 when theState will receive the full 50% of fee collections, as was promised in the Surface Mining Controland Reclamation Act of 1977. The payments were taken ‘off budget’ which ensures Wyoming willreceive full funding for future collections of the AML fee, and is estimated to be close to $60million every year until the last payment in 2022.

Of the funds coming back to Wyoming, the federal government has mandated that $30million a year be given to the AML division to be used only for the reclamation of the remainingabandoned coal sites. It is anticipated all of those sites will be reclaimed by the end of 2012. Atthat time, the AML division anticipates funding will then be available each year to complete theremaining abandoned non-coal mine sites. It is unknown at this time, if and when funding will bemade available for public facilities.

In the 2008 budget session, the Governor requested and the legislature approved theremaining 2008 funds to be allocated to various projects. The majority are related to clean coaltechnology. It is anticipated that this year the funds above the $30 million granted to AML for coalprojects will also be dedicated to clean coal and energy related projects.

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g. Federal Natural Resource Policy Account (FNRPA) The FNRPA wasestablished in 1999 to provide a funding mechanism to respond to federal natural resource policiesthat affect Wyoming. Counties have used this resource to participate in forest plans, winter usestudies, mineral development studies. Expenditures must be authorized by the Governor on behalfof the State of Wyoming and its local governments. Proposals are judged against a set of criterialaid out in the statutes (W.S. 9-4-218). Further information and application forms are availablefrom the Governor’s Planning Office.

6. Locally assessed fees: Fees charged at the local level account for about one-third to one-fourth of most counties

budgets, although the percent varies widely. Some of the more common fees are listed below.• County Clerk, County Treasurer, Clerk of District Court, and Sheriffs Fees;• Planning & Zoning Fees (Building permits, water samples)• Liquor Licenses• Contracts (Law Enforcement Metro, Out of County Prisoners, Forest Service Law

Enforcement, etc.)• Public Health Nurse Fees• Motor Vehicle titling and licensing• Business Licenses• Miscellaneous (Sale of county property, E-911 Reimbursement, etc.)

B. General County ExpendituresEach county funds a wide range of county-related projects. Most expenditures are

channeled into such areas as county administration, public buildings, roads and bridges, and lawenforcement. The county clerk must present to the Commissioners, at their regular meetings to beheld in January and July in each year, a statement of the receipts and expenditures of the countyduring the six months immediately preceding the report, regardless of the amount spent. The reportis itemized and must also be published at least three times in the official county newspaper or, ifthere is none, posted in three public places in the county (W.S. 18-3-515).

1. Warrant ProcessFor accounting purposes, county governments work with a warrant system on the payment

of bills and salaries. The warrant is a form of a check, and is treated like a check at the financialinstitution.

When an office of the Courthouse makes a purchase, a voucher is used to describe thepurchase and the warrant is issued to pay for the goods.Example: The Sheriff's office needs a set of four tires for a deputy's vehicle. He makesarrangements with the local service station to order the tires. When the tires arrive, the vendorsubmits the bill to the Sheriff's office. The Sheriff's office has the vendor fill out and sign avoucher that the tires were ordered and received, and the sheriff authorizes payment for these tiresby the county. The voucher is turned over the County Clerk's Office and the warrant processbegins. The voucher is entered into the system, assigned a warrant number, who the warrant is for,the amount, the item and what office or department this item should be charged to. The voucher ispresented to the Commissioners for approval, and is signed by the members of the Commission.

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After approval, the warrant is issued. The warrant is signed by the Chairperson, the County Clerk(budget officer), and the County Treasurer (W.S. 18-3-510).

C. Debt Financing1. Short Term Financing Because of the variety and the level of services each county is expected to give, the

expenditure levels of county government can be quite high. This section on county indebtednesswill explain how large expenditures are handled.

a. Certificates of Indebtedness - One of the most common and simple methods ofaddressing short-term cash flow needs is a certificate of indebtedness. The Commissioners are authorized by law to issue such certificates when there are not sufficient funds in the countytreasury to meet current expenses. Certificates of indebtedness provide funds to meet temporarycash deficits arising from a mismatch between the receipt of revenues and the requirements forexpenditures. Since they are always paid off within the current fiscal year, certificates of

indebtedness are not considered a long term debt of the county and therefore do not require a voteof the electorate. It is suggested in the statutes that these certificates be issued particularly for "theexpenses of maintaining the courts, the boarding of prisoners, the prosecution of criminals, thesalaries of county officers, and such expenses as arise during the current year". The statutecontinues to include (with the consent and permission of the Board of County Commissioners) "thecounty hospital, library, welfare or fair board of any county..." (18-4-104). The total amount of thecertificates issued by each of the boards shall not exceed the following amounts in any one year ofissuance: "for county hospitals: thirty percent (30%) of that portion of the budget as approved bythe Commissioners that is to be derived from tax levies during the current year; for county fairs:eighty percent (80%) of the budget estimate of anticipated income for the year of issuance; for thecounty libraries: thirty percent (30%) of the budget estimate of anticipated income for the year ofissuance; for welfare boards: fifty percent (50%) of that portion of the budget for general welfareand health only as approved by the Commissioners that is to be derived from tax levies during thecurrent year (W.S. 18-4-104).

Though it is up to the Commissioners to determine whether these certificates ofindebtedness should be issued, definite guidelines must be followed in regard to their issuance. The interest rate limit is no more than six percent (6%) per annum.

All certificates of indebtedness issued by the several boards are payable out of the first taxfunds available to respective boards. The forms for the certificates of indebtedness shall state "thatthey are payable out of the revenue of the county for the year of issuance and shall be of such formsas to clearly distinguish them from county orders or warrants" (W.S. 18-4-104).

b. Lease agreements - These agreements are a form of short-term financing. Theseleases must have a non-appropriation clause in the agreement. It then becomes a year-to-year lease. Lease agreements have been used to finance various forms of equipment.

2. Long Term Financinga. Building Fund - The Commissioners may provide for an election to decide

whether a building fund of a specified amount within a specified period not to exceed 10 yearsshould be accumulated to erect county buildings, additions or improvements. The proposal shall be

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submitted on a separate ballot at any special, primary or general election in the county (18-4-201). If the proposal is approved, the Commissioners may, by a mill levy not to exceed two mills, raisemoney directly for the building fund. However, the two mills must be part of the twelve millcounty levy (18-4-201(b)).

b. General Obligation Bonds - Another quite common type of long-term countyindebtedness is bonded indebtedness. The entire process of issuing and paying off such bonds is acomplex process and is related in its entirety in the Wyoming Statutes. (W.S. 18-4-301 to 18-4-506)

The Commissioners of any county can issue bonds if they are authorized to do so by amajority of the electors of the county, provided that the amount of the bonds to be issued togetherwith any existing county indebtedness does not exceed the constitutional debt limitation forcounties (18-4-301). The Wyoming constitution provides that counties can incur generalobligation indebtedness in an amount that does not exceed two percent (2%) of its assessedvaluation. General obligation bonds are backed by the full, faith and credit of the county. That is,the county pledges to the bondholders that it will levy sufficient property taxes to pay the annual

payment on the bonds. The mill levy required to make the annual payment is not included in thecounty's 12-mill limitation.

Whenever a majority of the Board of County Commissioners decides that bonds should beissued, the Board can submit the questions of whether the Board shall be authorized to issue suchbonds to the electors of the county. The maximum amount of bonds to be issued must be stated. The bonds must bear interest at a fixed rate and must be issued, payable and redeemable in themanner hereafter provided. General obligation bonds may be issued for the following purposes:

• Courthouse or jail• County library or library branches• Fiber optic communication system• Roads, highways, bridges, viaducts or subways• County hospitals• Senior citizen centers• Acquire lands and other property for fairgrounds, airports, parks and pleasure

grounds• Construct, maintain and operate a public auditorium, athletic fields, civic center or

other community building, which may be designated as a memorial to the warveterans of the United States of America.

Bonds issued by the Commissioners may mature at a time not exceeding twenty-five yearsfrom their respective dates, except for viaduct and subway bonds be for a time not to exceed thirtyyears. All bonds mature serially, at the option of the Commissioners, in substantially equal annualinstallments or upon an amortization plan for the bonds or proposed bonds and all outstandingbonds of the county, or in any other manner as the board may determine (W.S. 18-4-304).

Bonds are signed by the Chairman of the Board of County Commissioners andcountersigned by the county treasurer. The county clerk shall endorse a certificate upon everybond, that the bond is pursuant and is within the lawful debt limit of the county. TheCommissioners may authorize another member of the board to sign any bond or certificate in placeof the chairman or county clerk. Bonds may be in any other form as the board may determine.

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The Commissioners are required to serve notice to the public of their intention to issue andsell bonds and to invite bidders for this purpose. The notice must be published in a newspaperprinted in the county, if there is one, or by posting three notices in the county (one of which shouldbe on the courthouse door) (W.S. 18-4-306). Upon such notification, the board is required toascertain those terms which are most favorable to the county. Such terms include the lowest interestrates possible and the final maturity date of the bonds. Today, most bonds are registered to theowner and a computer register is maintained by a central depository in New York City. Mostissuers of bonds no longer have bonds printed due to the great expense involved.

In addition, the Commissioners must also consider the manner in which the interest andprincipal on the bonds will be paid. The board must levy annually a tax upon all taxable property ofthe county, in addition to other authorized taxes, in a sufficient amount to pay the principle andinterest on all bonds maturing within the fiscal year.

The statutes also contain provisions for accumulating funds from a levy for bonds that arecallable prior to the original final maturity date. For example, a Board of County Commissionersmay issue bonds with a 15-year maturity. The bond documents state that the Board of County

Commissioner has the option of calling all or a portion of the bonds in year 10 if there are sufficientfunds to pay the principal and interest on those bonds called prior to the original maturity date. Thestatutes provide that if bonds are callable the Board shall annually levy not less than one mill atleast five years prior to the call date in year 10. The language in the statutes suggests that theannual levy shall be sufficient to pay the bonds as they become optional.

All such taxes shall be levied, assessed and collected as other county taxes until the bondsare fully paid including the interest. If the tax for the payment of interest is not levied or collectedin time to meet the payment, the interest shall be paid out of any monies in the general fund of thecounty. Any money so used for such payment of interest shall be repaid to the fund from which itwas taken, out of the first monies collected from taxes (W.S. 18-4-309).

c. Revenue Bonds The statutes provide that the county may issue revenue bondsfor a county owned hospitals (W.S. 18-8-201). The statutes do not require an election for countyhospital revenue bonds. They may also be used for jail construction where federal or otherprisoner contracts can pay off the debt. The Board of County Commissioners, when requested bythe board of trustees of a county memorial hospital, may issue revenue bonds, notes and warrants orother revenue securities for the purpose of acquiring, erecting, constructing, reconstructing,improving, remodeling, furnishing or equipping hospitals or related facilities, or acquiring a site.

d. Funding Bonds Funding bonds refers to refunding of bonds that have beenpreviously issued by a Board of County Commissioners. The issuance of refunding bonds may beauthorized by the Commissioners, however, such authorization does not need the approval of theelectors of the county. Bonds may be issued for "the purpose of paying, redeeming, funding, orrefunding the principal and interest of any indebtedness of the county when the same can be done ata lower rate of interest and to the profit and benefit of the county". Generally, refunding bonds areissued to "refinance" outstanding general obligation or revenue bonds. This may be done if interestrates have declined to where the annual payments on the bonds could be reduced by refunding theexisting bonds. Another situation that has occurred in Wyoming is if a county's assessed valuationhas declined since the bonds were originally issued. The mill levy required for the payment of

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bonds may have had to increase to unacceptable levels and lower annual payments could beachieved by extending the original maturity schedule through the refunding process.

Refunding bonds must also be sold at public, competitive sale after proper advertisement. The place of payment is to be the office of the county treasurer or a place designated by theCommissioners at the option of the holder.

The total amount of bonds issued (including the present indebtedness of the county) cannotexceed the constitutional debt limitations for counties (W.S. 18-5-501).

e. Bond Anticipation Notes - Bond Anticipation notes can be authorized for issuebased on any resolution of a general obligation bond or a revenue bond. Any governingbody (meaning cities or counties) can issue the notes in anticipation of the actual issuance ofthe authorized bond passed by the voting population (W.S. 16-5-401). For furtherconsideration of county bond anticipation notes and the issuance of certificates read thestatutes specifically.

3. Emergency ExpendituresThe uniform act also allows for emergency expenditures after a determination by the

Commissioners that an emergency exists and that an expenditure is necessary to cover theemergency. If the amount needed exceeds the general budget fund, the board may make thenecessary expenditures out of accumulated retained earnings (see W.S. 9-7-321). This sectionprovides for a general fund to accumulate fund surplus to be used for emergencies.

VII. THE COURTS

A. District Courts The district courts in Wyoming are responsible for handling felony cases, civil matters above$7,000, domestic relations probate, adoption, involuntary hospitalization and naturalization cases. In addition the district courts are also the state’s juvenile courts. The state of Wyoming pays forjudicial salaries and the salaries of the judges’ immediate staff. The counties pay for the offices ofthe clerks of district court, and jury expenses. The county often pays for Guardian ad Litem(GAL)(W.S. 14-3-434(b)), court commissioners, court appointed attorneys and other feesassociated in juvenile matters (W.S. 14-6-235) and for involuntary commitments (W.S. 25-10-105).

B. Circuit Court SystemThe Court Consolidation Bill of 2000 established the Circuit Court System in Wyoming.

The Circuit Court System replaced the County Court System. In January 2003, the circuit courtsystem also replaced the Justice of the Peace Courts in Wyoming. Wyoming currently has astatewide circuit court system. The geographic boundaries of the circuit courts are the same as thenine judicial boundaries for the district courts.

W.S. 5-9-102 is the principal section of statute governing the establishment and operation ofthe circuit court system. The Legislature determines the number and location of circuit court

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judges. The civil jurisdiction of the circuit court covers cases in which the damages or amount besought for recovery does not exceed $7,000. Circuit court also hears domestic violence and stalkingcases. The criminal jurisdiction includes misdemeanors.

The Governor appoints circuit court judges. They serve four-year terms and then stand forretention. A circuit court judge must be an attorney admitted to the Wyoming State Bar and mustbe a qualified elector of the state. Circuit court judges are full-time judges and may not have aprivate law practice.

By statute, the counties that do not have a resident circuit court judge are entitled to a full-time magistrate. The circuit court judges within the district agree on a person to fill the office ofmagistrate. The name of the person is submitted to the Board of County Commissioners forapproval or rejection. The term of office for a full-time magistrate is four years. Irrespective of anyvote of the electorate, the circuit court judges of the circuit may remove the magistrate by aunanimous vote.

The state of Wyoming pays for the judicial salaries, salaries of the clerical staff, juryexpenses, supplies and other operating costs of the circuit courts. By statute, the counties are

responsible for providing suitable quarters to house the circuit court and for providing necessaryfurniture and fixtures.

VIII. THE OFFICE OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT

County Commissioners have an important role in homeland security/emergencymanagement. The Wyoming Homeland Security Act and the Wyoming Emergency Response Actenvision a leadership role for County Commissioners in all aspects of homeland securityemergencies and disasters regardless of whether the cause is natural, manmade or terrorism related. The current threats to national security and the creation of the federal Homeland Security Agencyhave made the position an even more prominent issue for Commissioners.

County Commissioners and local emergency managers share with the County Sheriff theresponsibility as the first line of official public responsibility for emergency management activity. In the event of an emergency or disaster of such severity and magnitude assessing recovery beyondthe capabilities of a county, the declaration of a local disaster is an essential first step in applyingfor state and/or federal disaster assistance. This process falls under the provision of the Robert T.Stafford Disaster Relief and Emergency Assistance Act. The County Commissioners role of developing and maintaining an on-going emergency response program has been expandedsignificantly. Wyoming law specifies each political subdivision shall establish a homelandsecurity/emergency management program and maintain a written emergency operating plan. Thelaw also mandates the political subdivision to develop mutual aid agreements and to provide forfunds, supplies and equipment. Many municipalities elect to participate in a county plan ratherthan develop a separate plan of their own. There are All-hazards Planning requirements for allcounties, as well as the financial management of federal grants for all-hazards planning, equipment,training and exercises. The National Incident Management System (NIMS) is also a newrequirement for counties to officially adopt, train and use a uniform system (known as the IncidentCommand System .- ICS) when managing emergencies and disasters. Homeland SecurityPresidential Directive #5, dated 2/28/03, requires each political subdivision to adopt the NIMS. Failure to adopt NIMS may affect eligibility for future federal grants.

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Pursuant to Wyoming law, each county commission is required to appoint a countyemergency management coordinator who is responsible for administering a comprehensive programto mitigate, prepare, respond and recover from disasters. This coordinator works with all localemergency service agencies and provides coordination for the County Commissioners to the stateand other jurisdictions (W.S. 19-5-104). When an emergency or disaster occurs, WOHS is notified. If the initial assessment identifies the need for resources beyond local capability, the Chairmanexecutes a local “declaration of disaster” and requests state assistance. If WOHS determinesfederal assistance will also be required, the Federal Emergency Management Agency (FEMA) willbe alerted. Only the governor can request a federal disaster declaration.

The county emergency manager also has a role with the Local Emergency PlanningCommittees (LEPC). Local Emergency Planning Committees collect information from fixedfacilities within the county who store and possess hazardous materials, whether public or private. They are responsible for developing and regularly revising the county Hazardous MaterialEmergency Response Plan. This plan is utilized by the LEPC to develop emergency plans forresponse, evacuation and recovery in the event of an accidental or terrorism related release.

County emergency management coordinators play a key role with this program and report on itsprogress to the County Commissioners.

Under Governor’s Executive Order 2001-6, a State Emergency Response Commission(SERC) was created pursuant to the Federal “Emergency Planning and Community Right- to-Know” law. The SERC is made up of 19 members representing emergency response agencies at thelocal and state level and private industry. The executive order also created an emergency planningdistrict in all 23 counties. The Wyoming Office of Homeland Security continues to support theState Emergency Response Commission (SERC), which became an independent commission underthe Wyoming Emergency Response Act in 2004. The SERC has a responsibility to support theLocal Emergency Planning Committees (LEPC) in the state. County Commissioners also have asignificant responsibility in supporting their local LEPC.

Commissioners are a primary point-of-contact for all federal grant programs administeredby the Wyoming Office of Homeland Security. Federal homeland security grants have recentlybeen distributed to local counties and tribes for homeland security needs, such as equipment,exercises, training for first responders and Citizen Corps programs for local/county residents.

IX. TRANSPORTATION

The Wyoming Statutes place county roads and highways under the management of theBoard of County Commissioners in each county (WS 24-1-103). A county road is a roadestablished pursuant to WS 24-3-101. This statute has specific requirements that must be met inorder to be a county highway. There are many statutes that apply to County roads, so they are notall listed in this section. A listing of many of the statutes applicable to County Roads are found inAppendix I of the County Road Fund Manual, a copy of which was given to all Counties. The Commissioners of each county must divide their county into road districts of as compactform and convenient size as is practical, and embracing the territory within an election districtwhere possible (WS 24-1-111).

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County Commissioners’ Duties: • Establish a road construction account separate from other County general fund

accounts.• Consider requests for roads.• Develop a road priority project list.• Explore other funding sources, i.e. grants, railroad funds, Industrial Revenue

Program (IRP), Bridge Replacement Off-System (BROS), etc., and accountbalances.

• Implement professional input and design, in-house or hired consultant.• Advertise for bids - (Only required on bridges and CRF projects)• Award a contract.• Insure that construction is supervised and inspected during progress.• Insure that progress payment(s) and final payment for construction is made.• Report cost of the project. Provide sufficient detail to account for project costs.

(Only required on CRF projects. However, it is often a good idea in general.)

A. Road & Bridge FundingThe counties receive a share of both the state gasoline and diesel fuel taxes for county roads.

Counties receive approximately 13.5% of the total gas tax collected, and approximately 20% of thetotal diesel fuel tax collected. In addition, counties receive separate funding for road constructionthrough the County Road Fund Program. That funding comes from two sources - 14% of the gastax, and of 2.9% of the state severance taxes. The severance taxes are capped at about $4.5 MMdollars. All of these funds are described in more detail in the section State-shared Revenue. Atthis time the County’s do not receive an annual allotment of federal funds.

B. BridgesThe federal bridge management program has delegated authority and responsibility of

bridge maintenance to Wyoming Department of Transportation (WyDOT). A WyDOT inspectionprogram monitors and manages the condition of all bridges on and off the State highway system onpublic roads. Any bridges less than 20 feet of span on a county road are the responsibility of thecounty. Any proposed structure greater that 20 feet long is required to be reviewed and approvedby WyDOT prior to construction (W.S.24-2-106). In addition, any bridge construction over$50,000 is required to be competitively bid (W.S.24-1-132).

C. County Road FundThe County Road Fund (CRF) was redefined by the legislature in 1999 and again in 2008

(WS 24-2-110). The program was previously known as the State County/County Farm-to-MarketProgram, or the State-County Road Fund. Prior to 1999, all funds were distributed through theWyoming Department of Transportation. Now the funds pass directly to the counties. Thatlegislation also created the Wyoming County Road Standards Committee to help set standards forCRF projects. The committee has provided each county with the County Road Fund Manual. Theintent of the manual is to provide the counties with a uniform set of criteria to follow inimplementing the program and complying with the new statute. This manual provides minimumdesign values for county roads. The legislative change in 2008 allows all County Road Funds to be

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used for construction or maintenance. In prior years, funds could only be used for construction andre-construction. A county road is defined as a road that is open to the public, serves as access tofarms, ranches, residences, businesses, and other local properties and has been established inaccordance with the provisions of WS 24-3-101. These funds are received from the State and areallocated from coal severance and fuel taxes.

The statutes charge the County Commissioners of each county with the responsibility to“establish a separate road construction fund solely for the construction and maintenance of countyroads, bridges, and culverts”. The law also directs “the County shall use existing grades, bridges,and other physical items or facilities in order to minimize or avoid more costly relocation”, and that“all expenses of maintaining the road after its construction is completed be paid by the county”.

The CRF statute also requires all projects in excess of $50,000 be competitively bid.

E. CMAQ (Congestion Mitigation Air Quality) CMAQ is a federal highway program whose fundsare directed toward either reducing dust particulate or reducing traffic congestion. Recent crchanges in the federal statutes allow CMAQ funding to be used proactively. CMAQ project were

restricted to areas that failed to meet federal air quality standards. Now Wyoming has the authorityto use the funding to implementation of the program through the Wyoming Department ofTransportation. Primarily used by counties that are particularly affected by industrial development,the CMAQ dust mitigation program is underway, with a goal is to reduce air pollution acrossWyoming, and to assist local communities in mitigating the impacts of energy development.

F. AirportsBoards of County Commissioners are authorized to acquire lands and other property for

airport purposes, and to construct, maintain and operate these facilities. This authority includes allnormal facilities such as runways, terminals, offices, security, marketing, air traffic control and allother attendant facilities. All facilities must be constructed in accordance with federal and statestandards. Currently, all aviation security guidelines are established by the Transportation SecurityAdministration.

Commissioners may also appoint a board of trustees to act under any authority granted tothe county. The Commissioners may levy taxes, issue bonds or incur indebtedness, and may issuerevenue bonds or other revenue securities for the purposes listed above. All taxes collected,together with other monies received from the sale of bonds, cities and towns, rents and revenue,donations, federal and state grants-in-aid or other sources for this purpose, shall be placed in anairport fund which shall be expended only by the authority provided by law.

X. PLANNING AND ZONING

The Board of County Commissioners of each respective county is authorized to regulateand restrict the location and the use of buildings and structures and the use, condition of use oroccupancy of lands for residence, recreation, agriculture, industry, commerce, public use and otherpurposes in the unincorporated area of the county. The purpose of planning and zoning is as statedin the statutes: "to promote the public health, safety, morals and general welfare of the county".(W.S. 18-5-201)

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Regulating land use requires a comprehensive plan. A comprehensive plan is a policyguide for decisions about the physical development of the county - e.g. where development shouldoccur and what should it be. Zoning regulations are the normal means of implementation, byregulation, of the policy (plan). A comprehensive plan is a prerequisite to the adoption of a zoningordinance. In 1996, the Supreme Court concluded that zoning is the only allowed method toenforce the comprehensive plan (Ford v. Board of County Commissioners of Converse County). County Commissions that have officially adopted a comprehensive plan pursuant to W.S. 18-5-202(b) may participate in efforts to coordinate the plan with federal regional forest or other resourcemanagement plans as provided in the Federal Land Policy and Management Act of 1976 and federalregulations adopted pursuant to that act, including , but not limited to, Title 36, of the Code ofFederal Regulations, part 219.7 and Title 43, of the code of Federal Regulations, part 1610.3.

The first step towards zoning is the appointment of a planning and zoning (P&Z)commission by the Board of County Commissioners (W.S. 18-5-202). The purpose of thiscommission is to recommend the boundaries of the zoning district, appropriate regulations to beenforced within the zoning district, and prepare a comprehensive plan, which may include zoning.

This comprehensive plan is to be submitted to the Commissioners. Before submitting itscomprehensive plan, the P&Z commission must hold at least one public hearing. Notice of timeand place of the hearing shall be published in a newspaper of general circulation in the county atleast thirty days before the date of the hearing. Any person has the right to petition the P&Zcommission for the amendment of any previously adopted zoning plan.

The P&Z commission is also empowered to make recommendations concerning zoningmatters. At least one public hearing must also be held before a recommendation can be adopted bythe board. After the hearing, the board shall vote upon the adoption of the P&Z commission'sreport (W.S. 18-5-202).

The P&Z commission is be composed of five members, at least three of whom must residein the unincorporated area of the county, to be appointed by the county commissioners. The termsof the members appointed to the first P&Z commission are staggered so that the term of onemember expires each year. Thereafter, each member shall be appointed for a term of three years(W.S. 18-5-202).

In the event of a vacancy in the P&Z commission, the county commissioners fill thevacancy by appointment for the unexpired term. All meetings, records, and accounts of the P&Zcommission shall be open to the public. Three members constitute a quorum for the transaction ofbusiness (W.S. 18-5-202).

A. Subdivision ControlThe subdivision of land in unincorporated areas in each county is regulated and controlled

by the Commissioners under the authority of the Real Estate Subdivisions Act. Zoning typicallysets minimum lot sizes in particular districts. Subdivisions control the actual division of property,including roads, easements, utilities, drainage, layout water and sewerage systems, etc. Except asnoted in the Act, no person can subdivide land or commence the physical layout or construction of asubdivision without first applying for and obtaining a subdivision permit from the board of thecounty in which the land is located (W.S. 18-5-301). Provisions relating to the minimumrequirements for a permit, and the rights, powers, and duties of the board are detailed in the Act(W.S. 18-5-301). Specific information to be submitted for a subdivision permit includes:

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• Evidence of zoning compliance• Survey Plat• Evidence of merchantable title• Sewage system study• Easements for access and utilities• Water supply system study• Adequate access documentation• Adequate financial resources documentation• Public notice of intent• Any county-specific information• Water rights disposition documentation• Conservation District review• Department of Environmental Quality (DEQ) review

The 2001 State Legislature significantly amended the subdivision act as a result of suggestions

made by the WCCA, the Wyoming Planning Association, title companies, other county electedofficials, and developers. The amendment was chiefly aimed at closing loop-holes that fosteredillegal divisions of land, and at allowing counties the discretion to relax subdivision permitsubmission requirements for small (five or fewer lots) subdivisions. The most significant changewas to redefine the term "subdivision". The old definition said any division of land into three ormore parcels was a subdivision. That was amended to say that any division of land, with certainexemptions, was a subdivision. However, the legislature did not want to burden someone selling asingle lot or two to be held to the standards of a 50 unit subdivision. They added language thatallowed county discretion in applying minimum requirements for five or fewer lots. Among otherthings, a county can exempt a small subdivision from the statutory requirement of the DEQ review. The DEQ review of a subdivision may have a major financial impact on the cost of subdividingproperty. (W.S. 18-5-306(c)). The legislature also expanded the list of exemptions to include thesale or transfer of land to a relative, known as the “family exemption”. Moreover, property dividedinto parcels, all of which are 35 acres or more, are exempt from most subdivision regulations. Thelegislature did require access to be provided to lot sizes in excess of 35 acre developments, eventhough the subdivision laws do not apply.

The 2008 legislature further amended the 35 acre language to authorize counties, thatchoose to adopt, to apply additional regulations to these large lot subdivisions (W.S. 18-5-316). Application of this provision can mean increasing the minimum acreage from 35 to as many as 140acres per lot. Additionally, certain platting and utility standards may be imposed.

Comprehensive Plans, Zoning Regulations and Subdivision Regulations can be highlycontroversial in terms of property rights vs. overbearing regulations. On the other hand, when aplanning and zoning commission effectively engages the citizenry in the discussion about visioningand long term planning, there can be positive community building outcomes. Where countyresidents have a voice in shaping their own planning documents, there will be more buy in with theadministration of those plans. The Wyoming Tomorrow task force, organized by the Governor, willbe generating community planning discussions and creating planning tools that will need to bespecific to Wyoming’s way of life.

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B. Court and Attorney General Opinions on Land UseThe county's duty as to planning and zoning has been open to quite a bit of controversy for

many years. The Wyoming Supreme Court, through case law, and the Attorney General's office,through opinions, have tried to interpret the boundaries of the Commissioners' powers as a boardand interpreted their obligations under statutory guidelines. This supplementary part will evaluatecase precedent and Attorney General opinions in an attempt to explain new developments in thecounties planning and zoning function.

The grant of authority under W.S. 18-5-201 is to regulate and restrict the use of the land inthe county. This is done through the planning and zoning commission and the furtherrecommendation of a comprehensive plan for the county. A comprehensive plan is a prerequisiteto the adoption of a zoning ordinance. In 1996, the Supreme Court concluded that zoning is theonly allowed method to enforce the comprehensive plan. While allowing the board to retain controlover the adoption of a comprehensive plan and to impose restrictions within the plan, this statutedoes not enable the board to control the division or subdivision of land. W.S. 18-5-307 through 315authorizes the commission and board to receive and evaluate applications for subdivision permits.

(Attorney General Opinion 79-35, p. 180) Thus, zoning and subdivision controls are separate anddistinct control mechanisms with different functions and purposes. The use of the land iscontrolled by zoning and the division of land is controlled by subdivision regulations. Under W.S.18-5-305, the county shall enact local resolutions which impose additional requirements onsubdivisions. W.S. 18-5-315 allows any board to enact subdivision regulations which imposerequirements which are more restrictive than the Real Estate Subdivision Act.

In Attorney General Opinion 80-022, the AG recognized the right of the planning andzoning commission to request mining operations to submit applications for zoning permits inunincorporated areas to establish conformity with zoning restrictions. Under this opinion, countiesare limited to control of mining permits and may not impose restrictions outside the county plan. You may not allow use of permits to regulate environmental concern. Before requiring conformitycan be effective, the opinion indicates that a comprehensive plan must have been adopted.

Within the issue of comprehensive planning falls the question of freezing land use (ormoratoriums) and the long-term effects of such actions. The Supreme Court in Schoeller v. Boardof County Commissioners of Park County, 568 P.2d 869 (Wyo. 1977), held that an emergency landfreeze cannot be made permanent policy or plan of the county without hearings and noticeaccording to the statutes. The court ruled that the county freeze resolution may continue only for alength of time which affords on opportunity to give notice and hold a hearing. After the hearing,the authority for a freeze will not be allowed to be made the permanent plan.

The preparation and adoption of a plan must be for the total area of the county but may beadopted with special plans for areas under certain strains. (AG’s Opinion 81-001) For a detailedanalysis in this area of county government, see the statutes, cases and opinions: Schoeller v. ParkCounty, 568 P.2d 869 (Wyo. 1977); Snake River Venture v. Teton County, 616 P.2d 744 (Wyo.1980; Snake River Brewing, Inc. v. Town of Jackson 70 P.38 241 (Wyo. 2003); and AttorneyGeneral Opinions 79-035, 80-022, and 81-001.

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XI. COOPERATION WITH OTHER UNITS OF GOVERNMENT

The State of Wyoming and any one (1) or more of its counties, municipal corporations,school districts, special districts, public institutions, agencies, boards, commissions, and politicalsubdivisions may cooperate with and assist each other. This power includes like entities orauthorities of other states, the United States and the Eastern Shoshone and Northern Arapaho Tribesof the Wind River Reservation.

Such cooperation may be informal or subject to resolution, ordinance, or other appropriateaction. It may be embodied in a written agreement specifying purpose or purposes, duration, meansof financing, methods of operation, termination, acquisition and disposition of property,employment of executive and subordinate agents, and other appropriate provisions.

A. Wyoming Joint Powers ActThe most common formal use of this cooperative authority is through the Wyoming Joint

Powers Act (W.S. 16-1-102 through 109). The JPA provides that two or more agencies having

similar powers, privileges, or authority may enter into agreements with one another for joint actionprovided no cost is incurred, no debt is accrued, and no money is expended by any of thecontracting parties which will exceed any limits prescribed by law. All joint power agreements arerequired to be approved by the Wyoming Attorney General.

The Act specifically authorizes any county to enter into a joint powers agreement with oneor more counties, cities, school districts, or community college districts and, in operating under thatagreement, to perform any function that the county, city, school district, or community collegedistrict is authorized to perform, except the creation, expansion, financing, operation, or planning ofmunicipally owned electrical facilities (W.S. 16-1-104).

A joint powers board must consist of not fewer than five (5) members, all of whom shall bequalified electors of the counties in which the board operates. Members are appointed by thegoverning bodies in any proportion or number the bodies feel would adequately reflect theirinterest. The initial appointments shall be by mutual agreement with staggered terms of one (1),two (2) and three (3) years and are subject to reappointment. Thereafter, appointments for a fullterm shall be for three (3) year staggered terms. It is not incompatible office holding for an officeror legal representative of a county to be a member of a joint powers board.

A joint powers board has a chairman, vice-chairman, secretary and treasurer. The secretarymust notify the participating agencies of the board's organization and must file a certificate with thecounty clerk and the secretary of state showing its organization. Further provisions relating to thetypes of projects undertaken, the contents of a joint powers agreement and when the agreement iseffective; the meetings, rights, powers, and duties of the board; and the ways in which a projectundertaken under this Act may be financed are detailed in W.S. 16-1-104 through 109.

In addition to a formal joint powers agreement, the law allows counties to cooperate withother local units of government in specific situations. For example:

1. A county may contract with a city (town) and/or private organizations to give orreceive fire protection, to jointly provide fire protection, or to contribute toward thesupport of any fire department in return for fire protection service (W.S. 18-2-105);

2. A county may, by agreement, with the city (town) which is the county seat of thatcounty, acquire and use a joint county courthouse and city (town) hall, a public

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auditorium, athletic fields, civic center, or other community buildings (W.S. 18-2-104);

3. Each county, city (town), school, hospital, or other special district, or any two ormore of them may, by contract or agreement, jointly establish and operaterecreational facilities, water, liquid or solid waste facilities, police protection agencyfacilities, fire protection agency facilities, transportation system facilities includingairports, public school facilities, public health facilities, community collegefacilities, hospital and related medical facilities, courthouse, jail, and administrativeoffice facilities or any combination thereof, and public access roads to such school,hospital, or other special districts where not otherwise provided by law (W.S. 18-2-105). When such units of local government agree to establish and operate any of theenumerated facilities, they may, by contract or agreement, jointly purchase, lease,construct, and operate facilities and equipment used in the joint operation and issuetheir bonds for such purpose as provided by statute (W.S. 18-2-105); and

4. Any county may acquire by lease, purchase or otherwise lands and other property for

airport purposes, and may construct, maintain, and operate thereon those facilities itfinds to be necessary for such airport operation; or if it is agreeable to both parties,the county can do so jointly with a city (town). The statutes, W.S. 10-4-101 throughW.S. 10-4-107, set forth the provisions governing such airports in considerabledetail.

XII. OTHER COUNTY FUNCTIONS

A. County Extension AgentsWyoming counties have had a partnership with the federal and state levels of government

through the Cooperative Extension Service since 1914. The Cooperative Extension Service is apart of the University of Wyoming, and is active in addressing a wide range of issues of importanceto counties, and making current and factual information readily available to counties. Extension’smission is to provide lifelong learning opportunities for the youth and adults of Wyoming andempower them to make choices that enhance their quality of life. Extension works actively withWyoming people, institutions and communities to provide research-based learning for better living.

Funding for the office is a shared responsibility between the University and countygovernment. Generally, the University provides funding for one or more educators who workprimarily within the county but share their expertise across several contiguous counties in specificsubject matter areas. In addition, the University shares equally with the county to provide a 4-H andYouth Development educator who works with youth in the sponsoring county. The countyprovides a budget for office space, financial support for staff, and operation expenses and suppliesfor the extension office. Additional educators may be contracted as needed, along with countysupport and approval (W.S. 21-17-305).

B. Public HealthThere are Public Health offices, or Health Departments, in each county. Their function is

to provide a variety of health-related services and programs to the local population. Those

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functions include: 1) health education; 2) health status monitoring; 3) communicable diseaseinvestigations and treatment; 4) mobilization of community partnerships to identify and solve healthproblems; 5) systems which link people to needed personal health service; and 6) direct health carewhen otherwise unavailable. Specific services include: adult health maintenance and chronicdisease control; services for the child with special health care needs; immunizations; infectiousdisease control; maternal and child programs; pre-admission reviews for nursing home placements;and screening and referrals for a variety of health care problems such as diabetes. Public Healthworks with agencies, businesses and leaders in their communities to determine which services areneeded.

Public health nursing offices also serve as Public Health Emergency Response Coordinatorswho work in conjunction with local Emergency Management and other agencies.

Every county has a public health office, with sub-offices in some of the counties. Of the 23counties, all but one are funded through a state-county funding partnership (Campbell County fundstheir entire nursing budget). Other revenue sources include grants, insurance, fees and donations. Services are delivered regardless of ability to pay, although some programs have a financial

eligibility. In most counties, the Board of County Commissioners act as the Board of Health. Acounty may also, by resolution of the Commissioners or by a majority of the votes cast by thequalified electors of the county, establish and maintain a county health department with agoverning board. Currently Laramie, Natrona, Sweetwater and Teton counties have city/county health departments established under this statute (W.S. 35-1-302).

There are approximately 110 state funded nursing positions, 82 county funded nurses, 19Public Health Response Coordinators, and 89 other state and county staff positions, including socialworkers, health educators, and clerical support.

C. Libraries The Commissioners of any county are authorized to annually levy a tax for the purpose of

maintaining a library. The Commissioners also must appoint a library board of directors. Thecontrol and use of the county library fund is entrusted to the library board of directors. The libraryboard of directors sets the budget and expends funds on the maintenance, operation, and promotionof the county library and the county library system. (W.S. 18-7-101 through 103)

Upon the library board's discretion, they may receive gifts for the library in the form ofproperty or money, appoint a competent librarian and determine his/her duties and compensation,and establish and maintain branch libraries (W.S. 18-7-104 through 105). The Commissioners setthe mill levy that goes to the library, usually out of the county 12 mill levy. Some counties alsosupplement that with other funds such as the optional sales tax. Some county libraries now receivecounty funds based on needs and county revenues – not mills.

D. HospitalsHospitals are obviously one of the most important services that a county provides. The

Wyoming Statutes provide for the establishment of a county hospital and the appointment of a boardin very specific terms, although the original minimum of fifteen thousand dollars referenced in theparagraph below would not build much today:

"When the County Commissioners have received sufficient guarantees that not less thanfifteen thousand dollars is available for constructing, acquiring or equipping a county hospital wing,or portion of a building suitable for operation of a county hospital, so arranged as to be capable of

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future enlargement, or where a county has acquired a hospital valued at not less than twenty-five thousand dollars, it shall appoint a non-partisan board of trustees of the hospital, none of which shallbe a county commissioner or an employee of the county hospital." (W.S. 18-8-102)

A county indebtedness may be created and county bonds issued for the construction,acquisition and equipment of the hospital in the same manner as indebtedness is created and bondsissued for the construction of a courthouse or county jail. Once the hospital is fully established, theCommissioners are required to annually levy a sufficient tax on all the taxable property in thecounty to provide the means for the maintenance of the hospital (W.S. 18-8-102).

The construction, management and control of the hospital, the hospital funds and all donatedproperty and funds are to be placed under the control of the board of trustees, consisting of not lessthan five (5) nor more than eleven (11) members. The board is appointed by the Commissioners.(W.S. 18-8-104)

It is possible for the hospital trustees, with the approval of the Commissioners, to contract orlease the operation of the hospital to a person, group, association or corporation (W.S. 18-8-108). Acounty hospital, with the approval of the Commissioners, may contract with another licensed

hospital to share specialty or costly hospital services and equipment (W.S. 18-8-108).

E. Fairgrounds, Airports, Parks, and Recreational SystemsThe Commissioners are authorized to acquire lands and other property for the purposes of

fairgrounds, airports, parks and pleasure grounds. The Commissioners are also authorized tomaintain, manage and conduct agricultural, industrial and other fairs and exhibitions, public parksand pleasure grounds (W.S. 18-9-101). In practice, fairground, airport, and parks and recreationboards are generally set-up separately.

The Commissioners are allowed by law to acquire property for this purpose and to appoint a5- to 9-member board of trustees to manage and maintain all types of fairs, exhibitions, public parksand pleasure grounds, and adopt rules and regulations (W.S. 18-9-102). As with libraries, theCommissioners set the mill levy that goes to the county fair, usually out of the county 12 mill levy.

The Commissioners have the authority to levy taxes, issue bonds or incur indebtedness as isauthorized by law for this purpose. The Commissioners are also allowed to establish a sinking fundto provide for the raising of money within a certain number of years for improvements or thepurchasing of land and equipment for the fairgrounds (W.S. 18-9-103). All money collected in anymanner is designated as the county fair fund and managed by the board of trustees, who must submitan annual financial report to the Commissioners (W.S. 18-9-101).

It is also possible for any city, town, village, county or school district or other county toestablish a recreational system independently or jointly with the county (W.S. 18-9-201). The boardgoverning this system is described in W.S. 18-9-202. A recreation mill levy set by the schooldistrict is also available, and it is not part of the county mill levy.

F. MuseumsMuseums are another facility the Commissioners may establish for the enjoyment and use of

the public. The Commissioners are authorized to purchase, accept by gift, or constructarcheological, geological and historical museums and collections of exhibits, and articles, mattersand things to be included on or added to such museums and collections (W.S. 18-10-101).

The Commissioners may annually levy a tax, not to exceed one-half mill on the dollar, forthe construction, care and maintenance of such museums. The proceeds from the collection of the

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levy are kept in a special fund by the county treasurer and used solely for the purpose for which thelevy was made (W.S. 18-10-102). A five-member board of trustees is appointed by theCommissioners to manage the museum (W.S. 18-10-103). Not later than the first day of June ofeach year, the board of trustees must file with the Commissioners a report detailing all gifts anddonations made to the museum or collection and the receipts and expenditures during theimmediately preceding fiscal year. The report must also contain a schedule of estimatedrequirements for expenditures for the museum or collection during the ensuing fiscal year (W.S. 18-10-104). The trustees have the immediate custody, charge and control of the museum or collectionand may employ necessary personnel and make rules and regulations for the preservation, upkeep,care, maintenance, operation and support and display contained therein.

G. Special Districts Many counties are able to fund functions and services like libraries, museums, recreation,

senior centers and hospitals out of the 12 mill county levy. However, in cases where the cost ofthose functions begin to strain the general fund, counties, through an election process, may often

form a special district to handle those costs. These special districts have separately elected boardsof directors, are funded outside the county 12 mill levy, and have a separate mill levy authority andcitation as to means of formation. Some of the types of districts included are: cemetery districts; fireprotection districts; flood control districts; hospital districts; museum districts; rural health caredistricts; sanitary and improvement districts; and watershed improvement districts. It should benoted that while the formation of a district allows greater funding flexibility, when the board iselected it also generally removes the district’s mill levy from the control of the Commissioners, andplaces it with the elected board of the district.

The statutory requirements for the formation of a special district may vary significantly. Specific details can be found below or in Title 18 or W.S. 22-29-101. Most require a petition signedby a certain percent of voters owning a certain percent of the assessed valuation of property withinthe area proposed to be established as a special district. Usually the petition must include, amongother requirements, the proposed name for the district, the boundaries of the district (including amap), the general purpose of the proposed district and the services to be provided, the proposedmethod for financing improvements or services to be provided within the first year of operationafter formation, the number and names of persons willing to serve, or apply for election, as theinitial board of directors of the district (as required by the principal act), and who shall beresponsible for the costs associated with formation.

If a district is authorized to promulgate rules and regulations or adopt ordinances or bylaws,the district must file any rules and regulations it promulgates, ordinances or bylaws it adopts andany amendments with the county clerk for each county in which it is located.

Other types of districts are important for local residents to provide services not provided bythe county, and also permit or require funding of other services for county residents separate andapart from the county 12 mill levy and traditional county revenues. Several are listed below:

1. Senior Citizen Service Districts May be formed by an election called for either by the Commissioners adopting a resolution

favoring establishing a district, or by the Commissioners receiving a petition signed by at leastfifteen percent (15%) of the resident voters in the proposed district who voted in the last generalelection (W.S. 18-15-101).

2. Solid Waste Disposal Districts

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The Commissioners may, by resolution, establish one (1) or more solid waste disposaldistricts composed of any portion of the county. The Commissioners then appoint the board. Because the board is appointed, not elected, the Commissioners can set the mill levy (W.S. 18-11-101).

3. Special Museum Districts In addition to the statute language allowing counties to maintain a museum, there is also

language that allows a special museum district be formed if the voters so approve. Special museumdistricts may be formed in one or more counties. The Commissioners must receive a petition fromat least 25% of the property owners, owning at least 25% of the assessed property. After receivingthe petition, the Commissioners must hold a public hearing. Unless the Commissioners receivewritten protest from owners of at least 35% of the assessed value of property, it then goes to a vote. If approved, the district elects six (6) trustees and may levy up to one (1) mill for the operation ofthe museum district.

4. Weed and Pest Control Districts All land within the boundaries of Wyoming, including all federal, state, private and

municipally owned lands, is included in weed and pest control districts within the county in whichthe land is located, with the boundaries of the district being the same as the boundaries of thecounty. The Commissioners of each district appoint a district board of directors. TheCommissioners establish the number of members of the district board and establish district boardmember areas. The district board is charged with implementing an effective program for thecontrol of designated weeds and pests. The Commissioners annually levy a tax to carry out this act.The tax is levied on all property in the district and shall not exceed one (1) mill on each one dollarof assessed valuation, with another one mill allowed for leafy spurge control. The tax is not part ofthe general county twelve (12) mill levy. All taxes levied and collected are kept in a separate fund tobe known as the weed and pest control fund, and can only be used to carry out these activities.

5. Fire Protection DistrictsFire protection districts are created to provide protection from fire for persons and property

within its boundaries. They may also contract to give or receive such protection from municipalcorporations, private organizations or individuals. The procedure for establishing a fire protectiondistrict is set forth in the Special District Elections Act of 1994. The Board of CountyCommissioners may, by resolution, identify lands to be included within the proposed district andsubmit the question of establishing the district to the electors of the proposed district at the nextgeneral election.

The districts are governed by an elected board of directors. Among its authorized duties areto enact ordinances necessary to establish and operate a fire department.

Funds for the operation of the district come primarily from a property tax (not to exceed three (3) mills) that the board requests the Board of County Commissioners to levy annually. Theboard may also submit to the electors of the district the authority to issue the coupon bonds, not toexceed two percent (2%) of the assessed valuation in the district, for the construction or purchase ofimprovements, and for equipment for fire protection district purposes.

If the establishment of the district is defeated at the election, the Commissioners may refuseto provide fire protection to the area within the proposed district commencing with the succeedingfiscal year.

6. Conservation Districts The Wyoming State Legislature recognized in 1941 the need for a local governmental entity

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which would assist landowners and resource users with conservation practices and provideleadership in natural resource management issues and efforts. As a result, legislation was enactedwhich enabled the formation of local Conservation Districts and the election of ConservationDistrict Supervisors.

The purpose of Conservation Districts is to provide for the conservation of the soil andwater resources of the state, the control and prevention of soil erosion and flood prevention, topreserve natural resources, preserve wildlife, protect public lands, and protect and promote thehealth, safety and general welfare of the people of the state.

A district’s primary funding is normally through a property tax voted in by the qualifiedelectors of the district. The tax is levied on all property in the district, but may not exceed one (1)mill on each one dollar ($1.00) of assessed valuation. The tax is not part of the general county orcity mill levies.

There are 34 local Conservation Districts located throughout the state of Wyoming, with 170Supervisors representing rural and urban interests. These Supervisors are elected during the generalelection and serve voluntarily. Conservation Districts today offer a wide variety of programs to help

anyone interested in conservation. Some of the programs offered include: tree planting, wastemanagement, water quality, wildlife habitat, recycling and information/education programs.

Conservation Districts, as local governments, also play a key role in federal landmanagement planning processes and federal and state legislative and administrative initiativesaffecting local conservation and land use activities. (W.S. 11-16-101)

7. Improvement and Service Districts Improvement and service districts are important for local residents to provide services not

provided by the county, e.g. roads, water and sewer. Special assessments are collected with otherproperty taxes. (W.S. 18-12-101)

H. Liquor LicensesThe following liquor licenses are issued by the county: 1) retail liquor licenses; 2) limited

retail liquor licenses; 3) resort liquor licenses; 4) county retail malt beverage permits; 5) 24 hourmalt beverage permits; 6) restaurant liquor licenses; 7) catering permits; and 8) bar and grilllicenses.

The Commissioners may only issue licenses for establishments outside the incorporatedlimits of a city or town. Fees for such licenses are established by the Commissioners within thelimits set by the Wyoming Statutes.

1. Retail Liquor Licenses and Malt Beverage Permits W.S. 12-4-201(a) defines a retail liquor license as "the authority under which a licensee is

permitted to sell alcoholic liquor or malt beverages for use or consumption but not for resale. Amalt beverage permit is defined as "the authority under which the licensee is permitted to sell maltbeverages only".

Retail liquor licenses and malt beverage permits may be granted by the CountyCommissioners to establishments located outside of incorporated cities and towns. The number oflicenses to be granted is based on a population formula: one (1) retail liquor license issued for eachfive hundred (500) population residing outside cities and towns, but no more than three (3) retailliquor licenses issued for locations within five (5) miles of the corporate limits of a city or town. Malt beverage permits may be issued for county locations beyond a five (5) mile zone around

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incorporated cities and towns without regard to population. The fees for retail liquor licenses and malt beverage permits are outlined below:a. When licensing an establishment for a retail liquor license within five miles of a city

or town, the license fee may not be less than the comparable fee charged by theadjacent town or city.

b. When licensing an establishment for a retail liquor license outside the five mile limit,the annual fee charged cannot be less than three hundred dollars ($300.00) nor morethan one thousand five hundred dollars ($1,500.00).

c. When licensing an establishment for a malt beverage permit, the annual fee shall notbe less than one hundred dollars ($100.00) nor more than one thousand five hundreddollars ($1,500.00). [W.S. 12-4-204(h)]

2. Limited Retail Liquor Licenses Bona fide clubs as defined by W.S. 12-1-101(a)(iii) may be licensed by the Commissioners.

Such clubs are issued limited retail liquor licenses which allow the club to sell alcoholic or maltbeverages within the club's premises to members and their accompanied guests. (W.S. 12-4-301)

Upon application for the permit, the club must file a petition with the county clerk with thesignatures of at least 51% of the membership indicating the desire to obtain a limited retail liquorlicense.

3. Resort Liquor Licenses Resort retail liquor licenses may be issued by the Commissioners under the provisions of

W.S. 12-4-401. To qualify for such a license, the resort complex must have the following facilities: 1) an actual valuation of, or a commitment to spend on the complex, not less than one milliondollars, excluding the value of the land; 2) a restaurant, and a convention facility which seats noless than 100 people; and 3) motel or hotel accommodations with a minimum of one hundredsleeping rooms.

The annual fees for a resort liquor license shall not be less than five hundred dollars($500.00) nor more than three thousand dollars ($3,000.00).

4. Twenty-Four Hour Malt Beverage Permits and Catering Permits Up to twelve 24-hour permits may be issued a year to each individual establishment or

organization. A 24-hour malt beverage permit may be issued to any responsible person ororganization for sales at a picnic, bazaar, fair, rodeo, special holiday or similar public gathering. The permit only authorizes the sale of malt beverages, and such beverages must not be consumedoff the premises described on the permit. [W.S. 12-4-502(a)] The fee for this malt beverage permitis not less than $10.00 nor more than $100.00 per twenty-four hour period. (W.S. 12-4-502)

A catering permit may be issued to an establishment holding a retail liquor license. Thepermit authorizes the off-premises sale of both alcoholic and malt beverages for sales at meetings,convention, private parties, dinners, etc. which are not capable of being held within the licensee'slicensed premises. The catering permit only permits sales within the premises described in thepermit (W.S. 12-4-502(b)). The fee for a catering permit is not less than $10.00 nor more than$100.00 per twenty-four period (W.S. 12-4-502(c)).

5. Restaurant Liquor Licenses Restaurant liquor licenses, as defined by W.S. 12-1-101(a)(xiv), may be issued by the

Commissioners. The applicant must have a valid food service permit in addition to the otherlicensing requirements (W.S. 12-4-407(a)). Not less than sixty percent (60%)of gross sales from thepreceding twelve (12) months operation shall be derived from food services (W.S. 12-4-408 (b)).

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Restaurant liquor licenses are also issued under a population ratio. The Commissioners mayissue a number of restaurant liquor licenses not to exceed 50% of the number of retail liquorlicenses allowable under W.S. 12-4-201(c).

6. Bar and Grill Liquor Licenses The Commissioners may issue Bar & Gill liquor licenses under the provision in W.S. 12-4-

413. Bar & Grill liquor licenses have the same restrictions as restaurant liquor licenses with theexception that they are allowed to have a bar or lounge area in the restaurant. The liquor licensealso can not be transferred from one owner to another. The license will return to the County when arestaurant with a bar & grill liquor license is sold to a new owner. The new owner would need toapply for a new bar & grill liquor licenses. Bar & Grill licenses are acquired by a populationformula: one(1) for each seventy five hundred (7,500) population residing outside incorporatedcities and towns.

Annual fees for a bar & grill liquor license shall not be less than fifteen hundred ($1,500)dollars nor more than ten thousand five hundred dollars ($10,500).

Any person who desires a license or permit must apply to the Commissioners. The

application forms are prepared by the Wyoming Attorney General and distributed by the WyomingLiquor Division. The application is filed in the office of the county clerk. (W.S. 12-4-102(a))

Once an application for a license, permit, renewal, or any transfer of location of ownership isfiled with the county clerk, the clerk must immediately prepare a notice of application. Such noticemust be conspicuously placed upon the premises shown by the application as the proposed place ofsale. The notice must also be published in the newspaper once a week for four consecutive weeks. Every applicant must pay the county clerk a sufficient amount to cover the publishing costs.

A copy of all applications must also be forwarded to the Wyoming Liquor Commission. Noapplication may be approved or denied until the Liquor Commission has certified its completeness. Upon approval or denial of an application, the Commissioners or the county clerk must promptlynotify the Wyoming Liquor Commission.

All fees for licenses and permits issued by the Commissioners shall be deposited in thecounty treasury. No refunds can be made following issuance of the license (W.S. 12-4-105).

I. Industrial Development ProjectsIn order to further the economic well-being of the state and its citizens, counties are

authorized to acquire one or more projects for the purpose of creating or encouraging the expansionof business and industry within the state. The project(s) must be located within the territorial limitsof that county. No project or any part of it can be acquired by condemnation. Project means anyland, building, pollution control facility, or other improvement, and all necessary and appurtenant real and personal properties, whether or not in existence, suitable for manufacturing,industrial, commercial or business enterprises (W.S. 15-1-701).

As an alternative to the above, a county may, as provided by W.S. 15-1-710, finance anindustrial development project by issuing revenue bonds without having any ownership interest inthe project.

Federal tax law has restricted the purpose for which industrial revenue bonds may be issued. Commissioners should consult a municipal bond underwriter or bond attorney.

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XIII. SOURCES OF INFORMATION

The office of a county commissioner can be extremely varied in its range of duties. In thesame week you may be asked to deal with an issue on brucellosis, public safety radio frequencies,child care, or land use. It is therefore often important to seek outside advice or expertise. Often,that expertise is found right in the courthouse or other county offices. State and federal agenciesoften can provide information that will help your decision making.

There are also several organizations that may be able to provide assistance or expertise whenneeded, or simply to research an issue.

The Wyoming County Commissioners’ Association (WCCA) is an organization consistingof the Boards of County Commissioners of all twenty-three (23) counties. Among the objectivesof the WCCA are:C improving mutual cooperation among the counties, C provide the means where county officials may exchange ideas and experiences, andC formulate and promote such state legislation beneficial to the counties and their citizens.

The WCCA tries to accomplish these goals through several ways. It provides informationthrough written and electronic correspondence, video conferences, manuals, workshops, andseminars. The WCCA also maintains a website for the counties.

The WCCA is a member of the Wyoming Association of County Officers (WACO). WACO is an organization made up of all the associations of the elected county officers, includingthe clerks, treasurers, assessors, sheriffs, and clerks of court, county attorneys, and coroners. WACO hosts an annual convention each September, providing the organizations and their membersa chance to discuss common problems and issues.

Membership in the WCCA also provides membership to the National Association ofCounties (NACo). NACo is an organization based in Washington D.C. with a membership of 2,400 of the country’s approximately 3,000 counties. It provides services similar to the WCCA, butits focus is on the national issues that affect counties. There is also a regional group of NACocalled the Western Interstate Region (WIR). It consist of counties from all the western states, andfocuses its attention on public lands and federal land policies that affect the western states.

The WCCA selects from its membership a representative on each of the NACo and WIRboards.

Wyoming County Commissioners AssociationP.O. Box 86 (normal mailing address)409 W. 24th StreetCheyenne, WY 82003Phone: 307/632-5409Fax: 307/632-6533

Joseph Evans, Executive Director E-mail: [email protected] Koehn, Administrative Assistant E-mail: [email protected] Web site: www.wyo-wcca.org

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APPENDICES

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APPENDIX AWYOMING CONSTITUTIONAL PROVISIONS

Wyoming was admitted to the union in 1890, but the Wyoming Constitution was written in1889, and formed the legal basis for the counties in the state. The legislature was given theauthority to outline the powers and duties of county government. Since the Territorial Legislatureof Wyoming met prior to 1889, the Constitution merely ratified those acts concerning counties thathad already been passed. Thus, the office of county commissioner was actually created in 1876--thirteen years before the Constitution was approved by the people of Wyoming. The statutesprovide: "Each organized county in the state is a body corporate and politic. The powers of thecounty shall be exercised by a board of County Commissioners.." (W.S. 18-2-101). From this legalbasis of counties and its officers has evolved a wide array of responsibilities for the Commissioners. For a general discussion concerning the powers exercised by County Commissioners in Wyoming,see "Wyoming's Local Government and the Quality of Growth - A Preliminary Discussion," [14Land and Water L. Rev. 491 (1979)].

The basic framework for county governments is set forth in Article 12 of the WyomingConstitution. Section 1 states that all of the counties in the Territory of Wyoming as they exist atthe time of the admission of the territory as a state are declared to be counties of the State ofWyoming.

The remaining sections of Article 12 (2 through 5) provide for the organization oftownships, all of which can only be enacted by the legislature. Section 5 states that the legislatureshall provide for the election of such county officers as may be necessary.

Other Constitutional ProvisionsOther provisions of the Wyoming constitution which apply to county governments include:Article 3, Section 27: Prohibits passage by legislature of local or special laws in certain

enumerated cases and provides that in all other cases, no special law shall be enacted where ageneral law can be made applicable. According to Mountain Fuel Supply Co. v. Emerson, 578 P. 2d1351 (Wyo. 1978), the prohibition against special legislation does not mean to say that the statutepassed must affect all persons the same way. The classification must only be reasonable andoperate upon all persons or property in like or the same circumstances.

Article 3, Section 30: A bill cannot be passed giving extra compensation to any countyofficer, after services are rendered or contract made.

Article 3, Section 37: Prohibits the delegating of the taxing power and other purelymunicipal functions to officials not subject to the people's control. This provision is to prevent thelegislature, either directly or indirectly, from taking away municipal powers from municipalauthorities and then conferring them on some other commission in no way connected with themunicipal authority. Frank v. City of Cody, 572 P. 2d 1106 (Wyo. 1977).

Article 14, Section 2: Requires county officials to account for all monies collected by them.Article 15, Section 5: For county revenue, exclusive of debt payment, a tax shall be levied

annually not to exceed twelve mills on the dollar for all purposes including a general school tax.Article 15, Section 8: It is a felony for any public officer to make a profit out of public

funds or to use them for any purpose not authorized by law.Article 15, Section 12: Exempts county property from taxation when used primarily for a

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governmental purpose.Article 16, Section 3: The state debt limit is one percent under the provisions of Art. 16 g.1

Wyo. Const., while the debt limit for a county is two percent (2%) under Art. 16 Subsection 3 Wyo.Const. Limitations on indebtedness can be eased in cases where a county transaction is consideredas a property lease, rather than a sale to the public entity. Leasing is a tool available to the CountyCommissioners to use in those cases where money is not available to finance a purchase up front. Laramie Citizens for Good Government v. City of Laramie, 617 P.2d 474 (Wyo. 1980).

Article 16, Section 4: Limits county debt to taxes for the current year unless approved by avote of the people. However, no debt is created within the constitutional limiting provision whenthe obligation is payable form a special fund.

Article 16, Section 6: Forbids counties from loaning, giving credit, or donating money or aidto a private entity.

Please Note: In November 2004, voters approved a constitutional amendment thatreads - “The adoption of this provision authorizes the legislature to enact laws for local governmentsto use local sources of revenue for economic or industrial development subject to approval of the

voters.” The uses are only for economic or industrial development.

Article 16, Section 7: Specifies that money shall be paid out only after properlyappropriated and on a properly drawn warrant; and requires all money claims to be supported by anitemized written statement.

Article 16, Section 8: Requires all evidence of debt to have a proper certificate stating that itis issued pursuant to law and is within the debt limit.

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APPENDIX BRECENT ATTORNEY GENERAL OPINIONS

Occasionally elected officials may disagree on the interpretation of a particular statute orcounty policy, or require legal advice on whether or not to implement a particular procedure. Inthose instances, an elected county official may request an opinion from the county attorney. Generally, the county attorney is able to research the matter, reach a conclusion and provide awritten opinion.

However, situations do arise when the county attorney is unable to reach a conclusion. Typically, this occurs when there is little or no supporting case law, when the legislature has justenacted legislation that is confusing or contradictory, or if the county attorney has a conflict (i.e.,the county attorney is one of the parties to the dispute). In these instances, the county attorney canrequest the assistance of the Wyoming Attorney General's Office.

There are different levels of A.G.’s opinions. A formal A.G.’s opinion is simply aninformal opinion that is published statewide. An informal opinion is an opinion written to a countyattorney that carries with it the attorney/client privilege. That is, the A.G.’s office will not release itto a third party without the consent of the individual requestor. A letter of advice is simply anopinion written in letter form that carries the same privileges as a informal opinion.

Upon request from a county attorney (or elected/appointed state official), the attorneygeneral may issue an opinion. Wyoming Statute 9-1-603, provides that the attorney general shall:

". . . (v) Be the legal adviser of all elective and appointive state officers and of the countyand district attorneys in the state;"

When reviewing attorney general opinions, the reader must always keep the following in mind:1. The opinion addresses a specific issue that arose at a specific time. It is imperative

that the reader perform additional research. The statute in question may have beenchanged or the courts may have issued an opinion on the issue. An opinion issued in1981, or even 1995, may no longer be valid in 1997.

2. An attorney general opinion is merely that - an opinion. The document does not havethe effect of law and cannot be used in court to prove a case. It merely reflects theopinion of the attorney general.

3. The attorney general is a political appointment of the governor. When a newgovernor is elected, the philosophy and direction of the attorney general's office maychange as well.

Attorney General Opinions are valuable research documents for elected officials. Theinformation contained in these documents will frequently provide the reader with a solid foundationfrom which to proceed. Additional research will inevitably be required. However, for an electedofficial searching for a starting point to frame an issue and argument, Attorney General Opinions area valuable resource often overlooked.

Following is a brief summary of the more recent Attorney General Opinions that addressissues related to county operations. All formal opinions are on file at the State Library in Cheyenne.

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RECENT ATTORNEY GENERAL OPINIONSAFFECTING COUNTY GOVERNMENT

OPINION YEAR SUMMARY

80-07 1980 County regulations are not entirely voidable because they modify thestatutory definition of a subdivision found in the Real EstateSubdivision Act and the Board of County Commissioners does havethe power to review subdivision plats without first enactingsubdivision rules and regulations.

80-15 1980 The Wyoming Administrative Procedures Act (WAPA) requires thatthe adoption procedures of a county comprehensive plan under W.S.18-5-202 conform to the procedure outlined under WAPA.

81-1 1981 A citizen board may serve in an advisory capacity to the CountyPlanning and Zoning Commission when the Commission is preparinga comprehensive plan for the county.

81-7 1981 The County Commissioners do not have an obligation to pay for thecosts of fire protection in unincorporated areas of a county wherein nofire protection district has been organized.

82-7 1982 Use of results of special local census data to form a basis fordistribution of severance taxes and royalty revenue is prohibited.

83-009 1983 County and prosecuting attorney is expected to represent countyagencies, departments and boards.

85-001 1985 The county sheriff is responsible for all medical bills incurred in thetreatment of those persons who are in his custody.

85-003 1985 The Board of County Commissioners may adopt an ordinance orresolution to regulate junkyards.

86-027 1986 The Board of County Commissioners may not employ private legalcounsel to advise the Board when the county attorney is available andwilling to serve the Board.

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OPINION YEAR SUMMARY

88-024 1988 The county sheriff must receive prisoners, arrested by city or townofficers, for violations of state law and the county shall pay the costsfor incarceration.

88-025 1988 The Board of County Commissioners has no authority to grant taxrelief of any kind to encourage economic development, or for anyother purpose, unless the exemption is provided for in the constitutionor the Wyoming Statutes.

91-008 1991 The Board of County Commissioners may not appropriate countyfunds to create an endowment managed by a non-profit corporationfor the benefit of a county agency.

95-003 1995 Juvenile prisoners shall be kept separate from adult prisoners.

96-002 1996 County Commissioner minutes must be published in a newspaper ofgeneral circulation if action has been taken.

96-003 1996 Certain senior citizen centers are covered by the provisions of theWyoming Governmental Claims Act.

98-009 1998 Does the statute (W.S. 9-13-103)(a) prohibit an elected official’sfamily member from working in the office of the elected official.

99-001 1999 Regarding whether the Sheridan County Board of Commissionershave the authority to enter into collective bargaining agreement

2001-001 2001 Regarding whether a new town incorporated under Wyoming lawprior to July 1, 2001 may participate in the distribution of theWyoming Mineral Trust Fund.

2005-001 2005 Regarding the ability of the County Commissioners to appoint anassistant county and prosecuting attorney, as well as Wyoming’snepotism statute as it applies to public officials.

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APPENDIX CTHE WYOMING ADMINISTRATIVE PROCEDURE ACT

The Administrative Procedure Act requires that specific procedural requirements must befollowed by all agencies (W.S. 16-3-101 through W.S. 16-3-115).

Recent judicial decisions on the APA have focused on the record available for judicialreview if someone appeals a case before the Board of County Commissioners. The courts want anadequate record so they can review what actions are taken. They want to know what the issueswere, whether the procedural aspects were followed, and what basis the Commissioners used tomake a decision. If the court, from reviewing the transcripts of the hearing, the evidence and thedocuments, determines that there was basis for the decision, they normally affirm the decision,However, the court will not affirm a decision if it cannot determine the basis for the decision. Thedecision still must be in accordance with law, and cannot be arbitrary or capricious.

If the county does not follow its own procedural rules, or it doesn’t explain what evidence itused to arrive at its decision, the court will send it back for further review and further developmentof the record, or will make their own decision with regard to evidence presented at the hearing. There are three requirements in this act.

First, each county agency must adopt rules of practice setting forth the nature andrequirements of all formal and informal procedures available in connection with contested cases. Second, they must make available for public inspection all rules and all other written statements ofpolicy or interpretations formulated, adopted or used by the agency in the discharge of its functions,and third, they must make available for public inspection all final orders, decisions and opinions.

The first part of the act, contested cases, is used primarily for property assessments and for planning and zoning actions in the county. W.S. 16-3-101(b)(ii) describes a contested case as "Aproceeding including, but not restricted to, rate-making, price fixing and licensing, in which legalrights, duties or privileges of a party are required by law to be determined by an agency after anopportunity for hearing". (W.S. 16-3-101) All parties must have an opportunity for a hearing after areasonable notice has been served either personally or by mail. In all contested cases, agencies havethe authority to administer oaths, subpoena witnesses, and require the production of any books,papers or other documents relevant to the inquiry. Opportunity must also be afforded all parties torespond and present evidence and argument on all issues involved (W.S. 16-3-107 (a)). In anycontested case, the agency, or the person designated as presiding officer, must be present at allproceedings (W.S. 16-3-112). All final decisions or orders adverse to a party in a contested casemust be in writing or dictated into the record (W.S. 16-3-110). Written decisions must containseparately stated findings of fact and conclusions of law. Any person adversely affected by adecision of an agency is entitled to a judicial review in the district court of the county, providedadministrative remedies have been exhausted and there is no statutory or common law provisionlimiting judicial review (W.S. 16-3-114 (a)). Once appealed to the district court, the aggrievedparty may appeal to the supreme court (W.S. 16-3-115).

The second part of the act, making available for public inspection all rules and other writtenstatements of policy used by the agency is used more generally. A rule means each agencystatement of general applicability that implements, interprets and prescribes law or policy, ordescribes the organization, procedures, or practice requirements of any agency. All final orders,decisions and opinions must also be made available for public inspection. No agency rule, order or

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decision is valid until it has filed with the registrar of rules and been made available for publicinspection (W.S. 16-3-102 (b)). This does not apply to orders or decisions in favor of any person orparty with actual knowledge.

Prior to an agency's adoption, amendment, or repeal of a rule, other than a procedural use orstatement of general policy, the agency must give forty-five (45) days notice of its intended action. The notice must include a description of the terms of the rule and the time when, the place where,and the manner in which interested persons may present their views. Each agency must afford allinterested persons reasonable opportunity to submit data and express their views or arguments. Any interested person may petition an agency requesting the promulgation, amendment or repeal ofany rule and may accompany his petition with relevant data and views (W.S. 16-3-106). If twenty-five (25) or more people request it, or if an organization with at least 25 members request it, theagency must have a hearing on the proposed rules. If any agency has overruled a consideration, astatement explaining its reasoning must be issued if requested to do so by an interested person. Each agency must file a copy of each rule adopted by it with the Secretary of State who must keep apermanent register of the rules to the public (W.S. 16-3-104). For local rules, the rule needs to be

files with the county clerk of the county affected (W.S. 16-3-101(b)(8).In 1979, the legislature amended the definition of agency under W.S. 16-3-101 to the

governing body of a town or city, but did not exempt county government. Thus, theCommissioners, and any board or authority created by the Commissioners, is required to complywith the Administrative Procedure Act (A.P.A.). The purpose of the act is to provide uniformprocedures for the adoption of rules so that the public is afforded rights of notice, open hearings,and judicial review.

In 1980, the Wyoming Attorney General's office offered an opinion dealing with theapplicability of the A.P.A. to county functions, (specifically, the adoption of a zoning commission'scomprehensive county zoning plan by the board). The opinion, after reviewing recent WyomingSupreme Court cases, concluded that the county and its officers are required to comply with the rulemaking provisions of the A.P.A. and, until the Wyoming Legislature enacts an exemption forcounties as it did for cities, the county must comply with the A.P.A. (Attorney General Opinion 80-15, p. 65, included at the back of the handbook)

Recent cases dealing with various applications of the act have held that, while the act bindsagencies such as a county board, the act only sets the minimum procedural standards forcompliance. The county can exceed the minimum procedural standard. This was the opinion of theAttorney General and the Wyoming Supreme Court in Tri-State Generation and Transmission Assnv. Environmental Quality Council, 590 P.2d 1324 (Wyo. 1979).

The Tri-State case also imposed an additional rule-making requirement. The administrativeagency must provide a brief and concise statement as to the principal reason for adoption of the rule.

It should be noted that the Secretary of State has promulgated rules pursuant to W.S. 16-3-104(c) prescribing the manner and form in which all rules shall be prepared. They are found underthe “Rules for Rules for Local Agencies” at the Secretary of State’s office or website.

W.S. 16-3-114, dealing with the judicial review aspect of the A.P.A., was amended in 1979. The court can compel action or set aside a finding or action that is arbitrary, capricious, or contraryto enumerated rights or in excess of authority. Because the Attorney General has ruled that countiesfall within the boundaries of the A.P.A., the Commissioners must follow the minimum guidelinesprovided to insure that the rule adopted was procedurally correct.

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APPENDIX DSTATUTORY REFERENCE GUIDE ON COUNTY ISSUES

• Administrative Procedure Act W.S. 16-3-101 • Ad Valorem (Property) Taxes W.S. 39-13-101• Airports W.S. 18-9-101• Auditing W.S. 9-1-507 • Assessor W.S. 18-3-201; 39-13-101• Budget Process(Municipal Fiscal Procedures Act) W.S. 16-4-101• Courts W.S. 5-9-210• Clerk of District Court W.S. 5-3-101 • Compensation of county officers W.S. 18-3-107• Conservation Districts W.S. 11-16-101• Clerk W.S. 18-3-401• County Board of Equalization W.S. 39-13-102 (c)• County Commissioners - general powers of the W.S. 18-3-504 • Increasing to five Commissioners W.S. 18-3-501• County Extension Agents W.S. 21-17-305• County - General powers of the counties W.S. 18-2-101• Building Fund W.S. 18-4-201 • Bonds - generally W.S. 18-4-301• Bond Anticipation Notes W.S. 16-5-401 • Certificates of Indebtedness W.S. 18-4-104 • Financing - generally W.S. 18-4-101• Funding Bonds W.S. 18-4-501• Emergency Management W.S. 19-5-104• Eminent Domain W.S. 1-26-501-517• Fairgrounds W.S. 18-9-101• Governmental Claims Act W.S. 1-39-105 • Grants and Loans• AML W.S. 35-11-1202 (a) (v)• SLIB W.S. 9-4-601• Hospitals W.S. 18-8-101-301• Industrial Development Projects W.S. 15-1-701• Insurance• Local Government Insurance Program W.S. 1-42-101 • State Self-Insurance Program: W.S. 1-41-101• Investment of County Money W.S. 9-4-831(h)• Jails W.S. 18-6-301• Joint Powers Act W.S. 16-1-101• Libraries W.S. 18-7-101• Liquor Licenses W.S. 12-4-201• Commissioner Meetings in General W.S. 18-3-506• Open Meeting Law W.S. 16-4-401• Executive Session W.S. 16-4-405

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• Museums W.S. 18-10-101• Planning and zoning W.S. 18-5-101 • Planning and zoning commission W.S. 18-5-201• Subdivisions W.S. 18-5-301• Property (Ad Valorem) Taxes W.S. 39-13-101• Public Health W.S. 35-1-305• Recreational Systems W.S. 18-9-101• Records and Publication of Proceedings W.S. 16-4-201 and W.S. 18-3-

516-19• Federal Revenue Sources• Taylor Grazing Act Funds W.S. 9-4-401• U. S. Forest Reserve Funds W.S. 9-4-501• Revenue Sources - Local Optional Taxes W.S. 39-15-204(a)(i)• Capital Facilities Sales Tax W.S. 39-15-204(a)(iii)• Lodging Tax W.S. 39-15-204(a)(ii)• One Percent (1%) Optional Sales Tax W.S. 39-15-204(a)(i)• Cigarette Tax Revenue W.S. 39-18-111• Diesel fuel Tax W.S. 39-17-211(d)(ii)• Gas Tax W.S. 39-17-111(d)(i) and (d)ii)• Mineral Severance Tax Revenue W.S. 39-14-801(d)(v),(vi)(vii)• Sales and Use Tax W.S. 39-15-111(b)• Roads and Bridges - Generally W.S. 24-3-101 • State-county Road Fund W.S. 24-2-110 • Private Roads W.S. 24-9-101• Sheriff W.S. 18-3-601• Treasurer W.S. 18-3-801• Special Districts W.S. 18-11 thru 15 and W.S. 22-

29-101• Vacancies• Commissioner Vacancy W.S. 18-3-524 • Other County Officers W.S. 22-18-111 (a) (ii) • Legislators W.S. 22-18-111 (a) (iii)

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APPENDIX E

By-Laws of the Wyoming County Commissioners Association

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