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11. Resolution 4653 - Tri-City Interlocal AgreementCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 August 30, 2001 TO: Mayor, City Council, and Ma er FROM: Glen Neier, City Attorney RE: Tri-City Planning Board Your packet contains a "successor" Interlocal Agreement to the Interlocal Agreement on the Countywide Administrative Board. The document has been reviewed by this office as well as by the City Attorney in Whitefish. The substantive changes recommended at the 5th Monday meeting of July 30, 2001 have been inserted into the Agreement. The Tri-City Planning Office has prepared a "underlined" -"strikeout" version so that the Council may review the amendments. We have also prepared Resolution No. 4653 which is in all substantive parts identical to Resolutions to be considered by the City of Whitefish and Columbia Falls on September 4th, 2001, The Agreement does not change the jurisdictional boundaries existing for the Kalispell City -County Planning Board and the City retains whatever authority it previously possessed. This office and the Tri-City Planning Office is recommending that Resolution No. 4653 be adopted at the September 4th meeting. It is time the three incorporated Cities within Flathead County embarked on their experiment in cooperative planning. tricitymemo RESOLUTION NO. 4653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA APPROVING REVISIONS TO THE INTERLOCAL AGREEMENT REGARDING THE TRI- CITY PLANNING BOARD. WHEREAS, since November 23, 1979, the City of Kalispell has been a party to an Interlocal Agreement which created a four -member body known as the Countywide Administrative Board, which was created to, among other things, function as a central administrative body for the purpose of administering, setting policies, and coordinating the work of planning staff with respect to planning efforts throughout Flathead County; and WHEREAS, the 1979 agreement was subsequently amended in 1983, 1986, 1991, and 1994; and WHEREAS, the agreement was most recently amended in July of 2001, to recognize the withdrawal of Flathead County from the Countywide Administrative Board; and WHEREAS, the remaining parties to the original agreement, the City of Whitefish, the City of Kalispell and the City of Columbia Falls, have negotiated the terms of a successor agreement, which changes the name of the Countywide Administrative Board to the Tri-City Planning Board, and makes other significant changes; and WHEREAS, the attached proposed Interlocal Agreement consists of all of the changes approved over the years since the original 1979 agreement, and contains those recent changes proposed by the Tri-City Planning Board; and WHEREAS, it would be in the best interests of the City of Kalispell, and its inhabitants, to approve the proposed Interlocal Agreement, attached hereto as Exhibit "A" and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the proposed Interlocal Agreement, attached hereto as Exhibit "A", is hereby approved, and the Mayor of the City of Kalispell is authorized to execute it on behalf of the City of Kalispell. res/interlocal agmt.wpd 1 SECTION II. This resolution shall take effect immediately upon its adoption by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF SEPTEMBER, 2001. Wm. E. Bohars Mayor Attest: Theresa White City Clerk res/interlocal agmt.wpd 2 TRI-CITY PLANNING BOARD INTERLOCAL AGREEMENT THIS AGREEMENT in made and entered into by and between the following Montana public agencies within the meaning of the Interlocal Cooperation Act: The City of Columbia Falls, hereinafter called "Columbia Falls"; The City of Kalispell, hereinafter called "Kalispell'; and The City of Whitefish, hereinafter called "Whitefish." "Irim01.Y..1QIf11 WHEREAS, Title 7, Chapter 11, Part 1, M.C.A., known as the "Interlocal Cooperation Act," permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other local governmental units on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, said Act provides that an interlocal agreement may be authorized and approved by the governing body of each party to said contract; and WHEREAS, Montana laws in Title 76, M.C.A., relating to land resources and use encourage local units of government to plan for future development of their communities and provide for interlocal cooperation agreements by and between units of local government for the most efficient and economical use of common land resources and financing the cost thereof; WHEREAS, within Flathead County there have been established separate City -County planning districts with appropriate planning boards for jurisdictional areas including each of the aforesaid Cities with adjoining County areas, and the County has established a planning district for the balance of Flathead County outside the jurisdictional areas of the said City -County planning districts, with an appropriate planning board therefore; all of said districts and boards having been established and continue to function under authority of Title 76, Chapter 1, M.C.A.; and Page 1 of 8 WHEREAS, the aforesaid local governmental units find it most desirable and efficient to employ one staff of professional, technical and clerical personnel to assist the said districts and the governmental units involved in their land use planning and zoning functions. It has been further found that the continuity of thought and effort of a single staff of such professional, technical and clerical personnel in assisting each said governmental unit in making its decisions is to the best interests of each such governmental unit as well as to the best interests of the orderly development of the jurisdictional area of the three cities as a whole; and WHEREAS, there does appear to be a necessity for a central administrative body composed of representatives of each of the public agencies party to this agreement for the purpose of administering and setting the policies of such a staff as well as to co-ordinate their work in light of the priority of need for the best orderly planning purposes and development of the jurisdictional area of the three cities as a whole. It is also apparent that such a central administrative body can best assess and allocate the costs and expenses of said staff among the parties as each benefits for a particular period of time; and WHEREAS, since approximately November 23, 1979, the three cities and Flathead County have been parties to an interlocal Agreement, which was amended in 1983, 1986, 1991, and 1994 and which created a four -member body known as the Countywide Administrative Board ("CAB") to conduct the business for which the 1979 Interlocal Agreement was entered into; and WHEREAS, pursuant to the 1979 Interlocal Agreement, as amended, Flathead County gave timely notice of its withdrawal from the 1979 Interlocal Agreement, and from the CAB; and WHEREAS, pursuant to the 1979 Interlocal Agreement, as amended, the three cities have elected to continue to be parties to the 1979 Interlocal Agreement, as amended, and to continue to participate in the CAB; and WHEREAS, the three cities desire to amend in its entirety the 1979 Interlocal Agreement, as amended, to take into account Flathead County's withdrawal from, and their continuation with, the CAB, and they wish to rename the CAB to better reflect its mission, Page 2 of 8 NOW THEREFORE, it is agreed by and between the parties as follows: I. NAME AND MEMBERSHIP The joint body previously known as the Countywide Administrative Board shall hereafter be known as the Tri-City Planning Board (Board). The Board is the same body as the CAB, minus Flathead County, which has withdrawn. The Board owns all assets of every kind previously owned by the CAB. Said Board is established as an administrative body for planning purposes but it is not intended to dissolve or affect any of the functions of the aforesaid City - County planning boards except as may be specifically provided herein. The Board shall consist of three (3) members. Each member shall be either an elected official or staff member of each of the above -mentioned cities. The City Council of each city shall appoint their respective representative to serve at the pleasure of their Council. A City Council may designate an alternate member to serve in its stead for one or more meetings or to perform some other official act required to carry out the functions of the Board. Any expenses incurred by a member will be paid for by the governing body, which said member represents. II. TERM AND WITHDRAWAL OF A PARTY After appropriate filing, this agreement shall become effective and shall endure until terminated by law or by mutual agreement of the parties. A party may withdraw from this agreement only upon lawful resolution of the governing body of that party and service of written notice thereof on the remaining party or parties hereto on or before February 1st of the fiscal year in which they intend to withdraw. This agreement will remain in full force and effect as to a withdrawing party until the 30f day of June next following service of notice of the withdrawal of said party; the agreement shall remain in full force and effect as to all remaining parties until termination or withdrawal. Page 3 of 8 PURPOSE The purpose of this agreement is to permit the parties to better coordinate all land use planning, subdivision review and approval, zoning application and enforcement and to assist in efficient annexations in the jurisdictional area of the three Cities. The concerted action of the parties within the scope of this agreement should result in better professional, technical and clerical service accruing to the parties in the utilization of their land resources. It should result in a savings of public funds and more informed governmental decision in the best interests of the three cities. IV. BY-LAWS The Board shall adopt by-laws to govern its organization, internal affairs, meetings, and items of general administration in conformity with this agreement; such by-laws may be amended from time to time upon unanimous concurrence of the members. V. AMINISTRATIVE AGENT There is hereby created the position of Administrative Agent. The Administrative Agent shall be one of the three cities as determined by the Board. The role of the Administrative Agent is to provide for and administer the following services for the Board and its staff: 1. Employee payroll processing 2. Employee retirement, sick leave and insurance administration 3. Depository of all Board funds and receipts 4. Payment of all claims 5. Vehicle insurance 6. Other administrative duties as agreed upon by the Board Page 4 of 8 A fee may be charged by the Administrative Agent to address any reasonable administrative expenses incurred. Any fees or expenses charged by the administrative agent shall be approved by unanimous consent of the Board. VI. STAFF The Board will establish a staff of professional, technical and clerical personnel to be known as the Tri-Cities Planning Office. Said staff will be organized and positions established therein as the land use needs of the parties and the various planning boards require. The Board shall have full control over said staff, and shall establish the priority of functions to be performed by its personnel. The Board shall also adopt an administrative policy statement to govern the staff rights, duties, salary schedules, fringe benefits, and such other matters as may be proper and necessary to the efficient and harmonious operation thereof. Although staff personnel are not to be considered as employees of any of the cities, the administrative policy adopted shall recognize and provide for all rights and duties as are provided by law for all public employees. As set forth hereinabove, the staff's function is to provide technical, professional and clerical services to the various cities and planning boards of the governmental units that are parties to this agreement in carrying out their respective land use rights and obligations. No charge shall be made to any party for such service; however, the Board has full authority to direct the staff in establishing its workload priority in furnishing its services to the aforesaid parties and boards. VII. FINANCE Prior to the 1st day of February of each year, the Board will, with input from each of the planning boards, ascertain the budget requirements thereof for the next ensuing fiscal year. The Board will then prepare an estimated overall budget for the planning office for said fiscal year•, said budget shall include the income, costs and expenses of the staff provided for herein. Page 5 of 8 The Board shall then allocate to each party an equitable proportionate share of the funding for said budget; such allocation shall take into consideration the proportionate benefit that each party will receive from the staff for the ensuing fiscal year, the other planning purpose needs of the cities and planning boards serving the parties, and an equitable distribution of planning purpose costs. Member jurisdiction fees may be paid on a monthly, quarterly or semi-annual basis. The formula to determine specific city allocations shall be based on three equally weighted components: decennial population, current taxable valuation and a 5-year rolling average of actual applications processed by the Staff for each city. A percentage contribution shall be derived for each of the three cities by weighing the individual components against each other and developing a composite total. Any disagreement by a party with the allocation of proportionate funding provided hereby, shall be resolved by the good faith negotiations between the governing body of the disagreeing party and the Board. Each party will then levy within its own jurisdiction a tax for planning board purposes using the procedures set forth in Title 7, Chapter 6, Part 9 er 42, M.C.A., as the case may be, provided such levy shall not exceed the limits as provided by Montana Law. VIII. PROPERTY All furniture, office equipment, automobiles, and major items of personal property needed for the staff to operate will be provided by the Board. All property purchased or otherwise acquired by the Board shall remain the property of the Board as long as this agreement remains in effect. The withdrawal of a party from this agreement, pursuant to Paragraph II, shall not result in any change of ownership of any property purchased by the Board; any party, by withdrawing, shall waive any claim it might have to property purchased or otherwise acquired by the Board including any cash reserves or balances however denominated. In the event that this agreement is terminated by mutual consent of the parties, any property including cash then owned by the Board shall either (1) be divided among the parties pursuant to an agreement reached by the parties at the time of termination or, in lieu of such agreement, (ii) Page 6 of 8 be sold pursuant to the statutory provisions then in effect with regard to the sale of City property. In the event of a sale, the proceeds shall be divided among the parties pursuant to an agreement reached by the parties at the time of termination or, in lieu of such agreement, by using the percentages used to determine the contribution of each party to the Board in its budget for its last full fiscal year of operation. The Board shall provide adequate office space for the operation of the staff through the appointment of an administrative agent. Reasonable rental charges for office space and personal property may be a proper budget item chargeable by the Administrative Agent upon approval of the Board. Such rent charges must be approved by unanimous consent. IX. COUNSEL ` Legal Counsel shall be retained by the Board as needed. Page 7 of 8 IN WITNESS WHEREOF, the parties do execute this agreement this _ day of 2001. Attest: Columbia Falls City Clerk Attest: Kalispell City Clerk Attest: Whitefish City Clerk FILED: Flathead County Clerk and Recorder the SEAL CITY OF COLUMBIA FALLS By: City Mayor CITY OF KALISPELL Bv: City Mayor CITY OF WHITEFISH By: City Mayor day of Flathead County Clerk and Recorder 2001. Secretary of State, State of Montana, the day of 2001. Secretary of State Page 8 of 8 JULY 30, 2001 DRAFT INTERLOCAL AGREEMENT THIS AGREEMENT in made and entered into by and between the following Montana public agencies within the meaning of the Interlocal Cooperation Act: Flathead County, hereinafter- sailed "n.,untj4. The City of Columbia Falls, hereinafter called "Columbia Falls"; The City of Kalispell, hereinafter called "Kalispell"; and The City of Whitefish, hereinafter called "Whitefish." WITNESSETH: WHEREAS, Title 7, Chapter 11, Part 1, M.C.A., known as the "Interlocal Cooperation Act," permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other local governmental units on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, said Act provides that an interlocal agreement may be authorized and approved by the governing body of each party to said contract; and WHEREAS, Montana laws in Title 76, M.C.A., relating to land resources and use encourage local units of government to plan for future development of their communities and provide for interlocal cooperation agreements by and between units of local government for the most efficient and economical use of common land resources and financing the cost thereof; WHEREAS, within Flathead County there have been established separate City -County planning districts with appropriate planning boards for jurisdictional areas including each of the aforesaid Cities with adjoining County areas, and the County has established a planning district for the balance of Flathead County outside the jurisdictional areas of the said City -County planning districts, with an appropriate planning board therefore; all of said districts and boards having been established and continue to function under authority of Title 76, Chapter 1, M.C.A.; and 1 of WHEREAS, the aforesaid local governmental units found find it most desirable and efficient to employ one staff of professional, technical and clerical personnel to assist the said districts and the governmental units involved in their land use planning and zoning functions. It has been further found that the continuity of thought and effort of a single staff of such professional, technical and clerical personnel in assisting each said died governmental unit in making its decisions is to the best interests of each such governmental unit as well as to the best interests of the orderly development of the wkel@ of F4&t ,ea Geunt -; ^^a iurisdictional area of the three cities as a whole; and WHEREAS, there does appear to be a necessity for a central administrative body composed of representatives of each of the public agencies party to this agreement for the purpose of administering and setting the policies of such a staff as well as to co-ordinate their work in light of the priority of need for the best orderly planning purposes and development of Geun -- the jurisdictional area of the three cities as a whole. It is also apparent that such a central administrative body can best assess and allocate the costs and expenses of said staff among the parties as each benefits for a particular period of time; and WHEREAS since approximately November 23, 1979, the three cities and Flathead County have been parties to an interlocal Agreement, which was amended in 1983 1986 1991 and 1994 and which created a four -member bodv known as the Countywide Administrative Board ("CAB") to conduct the business for which the 1979 Interlocal Agreement was entered into; and WHEREAS pursuant to the 1979 Interlocal Agreement, as amended, Flathead Countv gave timely notice of its withdrawal from the 1979 Interlocal Agreement, and from the CAB; and WHEREAS pursuant to the 1979 Interlocal Agreement, as amended, the three cities have elected to continue to be parties to the 1979 Interlocal Agreement, as amended, and to continue to participate in the CAB; and WHEREAS the three cities desire to amend in its entiretv the 1979 Interlocal Agreement as amended to take into account Flathead County's withdrawal from, and their continuation with the CAB and they wish to rename the CAB to better reflect its mission, Page 2 of 9 NOW THEREFORE, it is agreed by and between the parties as follows: I. NAME AND MEMBERSHIP The joint body previously known as the Countywide Administrative Board shall hereafter be known as the Tri-City Planning Board (Board). The Board is the same body as the CAB, minus Flathead County, which has withdrawn. The Board owns all assets of every kind previously owned by the CAB. Said CAB Board is established as an administrative body for planning purposes but it is not intended to dissolve or affect any of the functions of the aforesaid City -County planning boards or the County planning be •--d except as may be specifically provided herein. The CAB Board shall consist of €guF (4) three 3 members. Each member shall be either an elected official or staff member of each of the above -mentioned cities. The City Council of each city shall appoint their respective representative to serve at the pleasure of their Council. These mernbe-s shall be the Mayers of eaeh of the afe,-esaid three eites and the Chairman of the FIlathead County Beard of Commissioners. A member ll hold effiee Cep. as long as the m. rube. holds thp, office of Mayor or GhaiFinar of the goe^ing—body of his City er the Eeunty, an each shall he suceeeded hereon by his sueeesser in his ffi 1 pes•tion. A Membe City Council may designate an alternate member may aee:,.,..,,te a eiher member r his geveccxixing bedy or a city manager to serve In his its stead for one or more meetings or to perform some other official act required to carry out the functions of the CAB Board. Any expenses incurred by a member will be paid for by the governing body, which said member represents. II. TERM AND WITHDRAWAL OF A PARTY After 2rprev l by Atte...,oy Genera€ of the State of A4e4;ta;ia aid appropriate filing, this agreement shall become effective and shall endure until terminated by law or by mutual agreement of the parties. A party may withdraw from this agreement only upon lawful resolution of the governing body of that party and service of written notice thereof on the remaining party or parties hereto (on or before February 1st of the fiscal year in which they intend to withdraw) at days prier to twe first day of july of ^ year. This agreement will remain in full force and effect as to a withdrawing party until the 30th day of June next following service of notice of the withdrawal of said party; the agreement shall remain in full force and effect as to all remaining parties until termination or withdrawal. III. The purpose of this agreement is to permit the parties to better coordinate all land use planning, subdivision review and approval, zoning application and enforcement and to assist in efficient annexations in Flatkead Geu ty the iurisdictional area of the three Cities. as edl ^^ to _Rssist erf.^;e1t ^ e ^t; by the City, parties. The concerted action of the parties within the scope of this agreement should result in better professional, technical and clerical service accruing to the parties in the utilization of their land resources. It should result in a savings of public funds and more informed governmental decision in the best interests of the—whele e Flathead Go:un'-• three cities as a w1ge1e. IV. BY-LAWS The CAB Board shall adopt by-laws to govern its organization, internal affairs, meetings, and items of general administration in conformity with this agreement; such by-laws may be amended from time to time upon unanimous concurrence of the members. V. AMINISTRATIVE AGENT There is hereby created the position of Administrative Agent. The Administrative Agent shall be one of the three cities as determined by the CAB Board. The role of the Administrative Agent is to provide for and administer the following services for the CAB Board and its staff: 1. Employee payroll processing 2. Employee retirement, sick leave and insurance administration 3. Depository of all GAB Board funds and receipts 4. Payment of all claims Page 4 of 9 5. Vehicle insurance 6. Other administrative duties as agreed upon by the Board A fee may be charged by the Administrative Agent to address any reasonable administrative expenses incurred. Any fees or expenses charged by the administrative agent shall be approved by unanimous consent of the Board. V1. STAFF The GAB Board will establish a staff of professional, technical and clerical personnel to be known as the Ad-vi eFy Teehnieal Staff Tri-Cities Planning Office. Said staff will be organized and positions established therein as the land use needs of the parties and the various planning boards require. The CAB Board shall have full control over said staff, and shall establish the priority of functions to be performed by its personnel. The Q AR Board shall also adopt an administrative policy statement to govern the staff rights, duties, salary schedules, fringe benefits, and such other matters as may be proper and necessary to the efficient and harmonious operation thereof. Although staff personnel are not to be considered as employees of any of the cities public e ^ arty to t4h agreement, the administrative policy adopted shall recognize and provide for all rights and duties as are provided by law for all public employees. As set forth hereinabove, the staffs function is to provide technical, professional and clerical services to the various cities and planning boards of Flathead Geunt - and the governmental units that are parties to this agreement in carrying out their respective land use rights and obligations. No charge shall be made to any party or Flathead Geunty planning heard for such service; however, the CAB Board has full authority to direct the staff in establishing its workload priority in furnishing its services to the aforesaid parties and boards. VII. FINANCE Prior to the 4551'' Elay of April 1st day of February of each year, the CAB Board will, Me-eut . ,;fH e w f the, ,.f,,,.os..;.a planning beards in PIR flge,.,a G.,,.nty and with input from each of the planning boards ascertain the budget requirements thereof for the next ensuing fiscal year. The CAB Board will then prepare an estimated overall budget for ,..,.,nning igurpeses for the entire .,t., the planning office €uxetiens for said fiscal year; said budget shall include the income, costs and expenses of the staff provided for herein. The CAB Board shall then allocate to each party an equitable proportionate share of the funding for said budget; such allocation shall take into consideration the proportionate benefit that each party will receive from the staff for the ensuing fiscal year, the other planning purpose needs of the cities and planning boards serving the parties, and an equitable eeu id@ distribution of planning purpose costs based on rtiei .,..ea mill loin, ro o e e ejur-isdietieRalMember jurisdiction fees may be paid on a monthly, quarterly or semi-annual basis. The formula to determine specific city allocations shall be based on three equally weighted components: decennial population, current taxable valuation and a 5-year rolling average of actual applications processed by the Staff for each city. A percentage contribution shall be derived for each of the three cities by weighing the individual components against each other and developing a composite total. Any disagreement by a party with the allocation of proportionate funding provided hereby, shall be resolved by the good faith negotiations between the governing body of the disagreeing party and the CAB Board. Each party will then levy within its own jurisdiction a tax for planning board purposes using the procedures set forth in Title 7, Chapter 6, Part 23 e 42, M.C.A., as the case may be, provided such levy shall not exceed the limits as provided by Tit!@ 76 Gliapter- , Part 4 M. n e , Montana Law. Page 6 of 9 VIII. PROPERTY All furniture, office equipment, automobiles, and major items of personal property needed for the staff to operate will be provided by the GAR er supplied by the Ceara Board. Should this agreement b@ to..,.. in tea r- the Go tt withdraws as a ty, e,l Geu ty ewned items sha4l remain County . e_t_. All property purchased or otherwise acquired by the GAB Board shall remain the property of the GAB Board as long as this agreement remains in effect. The withdrawal of a party from this agreement, pursuant to Paragraph II, shall not result in any change of ownership of any property purchased by the GAB Board; any party, by withdrawing, shall waive any claim it might have to property purchased or otherwise acquired by the GAB Board including any cash reserves or balances however denominated. In the event that this agreement is terminated by mutual consent of the parties, any property including cash then owned by the GAB Board shall either (1) be divided among the parties pursuant to an agreement reached by the parties at the time of termination or, in lieu of such agreement, (ii) be sold pursuant to the statutory provisions then in effect with regard to the sale of Eau City property. In the event of a sale, the proceeds shall be divided among the parties pursuant to an agreement reached by the parties at the time of termination or, in lieu of such agreement, by using the percentages used to determine the contribution of each party to the GAB Board in its budget for its last full fiscal year of operation. The Board Eau shall provide adequate office space for the operation of the staff through the appointment of an administrative agent. Reasonable rental charges for office space and personal property may be a proper budget item chargeable by the f.eun Administrative Agent upon approval of the Board. Such rent charges must be approved by unanimous consent. I%. COUNSEL Legal Counsel shall be retained by the GAB Board as needed. • • - - -- - IN WITNESS WHEREOF, the parties do execute this agreement this _ day of . 2001. Attest: CITY OF COLUMBIA FALLS 13 Columbia Falls City Clerk City Mayor Attest: Kalispell City Attest: CITY OF KALISPELL By: City Mayor CITY OF WHITEFISH Whitefish City Clerk By. City Mayor Page 8 of 9 FILED: Flathead County Clerk and Recorder the day of 2001. SEAL Flathead County Clerk and Recorder Secretary of State, State of Montana, the day of 2001. Secretary of State