Montana Consensus Council

The Montana Consensus Council

History and Executive Order

In 1992, a cross-section of Montanans-including ranchers, farmers, environmental advocates, state legislators, and federal officials-decided it was time to find a better way to make natural resource decisions and to resolve controversial issues.

For decades, policy debates over natural resources, land use, and other public issues in Montana and the West had been marked by acrimony and gridlock. Too often, decisions on endangered species, federal land use, growth management, or water rights had satisfied only the side with the most clout, leaving fundamental issues unresolved and key interests unmet. Debates recurred or dragged on in costly stalemates. The work of agriculture, industry, and conservationists alike was frequently stalled by "interim" management plans or court battles.

The ad hoc group envisioned a "center for excellence" designed to help people on all sides build mutually satisfying public policies. Governor Racicot agreed to host the effort, and, with start-up funding provided by the legislature, he drafted an executive order creating the Montana Consensus Council in January 1994 (see below). Today the Council consists of an executive director, two management team-level staff and a group of professional contract mediators and facilitators. The Council is governed by an eight-member Board of Directors, jointly appointed by the Governor and legislative leadership from both political parties. It is attached to the Department of Administration for administrative purposes only. The Executive Director serves at the pleasure of the Board of Directors, and is responsible for articulating a vision for the Montana Consensus Council in consultation with the Board of Directors, staff and consultants, and citizens and leaders throughout the state and generating/assembling the resources (diversified funding sources, political support, staff and so on) required to achieve the vision.

Consensus Councils are based on the premise that democracies evolve, and consensus building forums that supplement the array of legislative and other forums in which policy is shaped have become essential. By statute and by standard of practice, MCC is impartial and nonpartisan; it is not an advocate for any particular interest or outcome. Rather than build on the supply of specific "solutions" to public problems in Montana, the Council uses its program areas to build the demand for, and the capacity for, collaborative problem solving and effective public decision making. In this way, the Council not only contributes to durable public decisions, but also fosters the growing profession of public dispute resolution and conflict management in Montana, the Intermountain West, and more broadly.

Its programs build on existing constitutional and statutory mandates for public participation, including Article II, Section 8 of the 1972 Montana constitution, which states that "The public has the right to expect government agencies to afford such reasonable opportunity for citizen participation in the operation of the agencies prior to the final decision as may be provided by law." Pursuant to this constitutional mandate, the legislature provided guidelines on public participation in governmental operations in MCA 2-3-101.

Executive Order

Montanans have long followed the western tradition of cooperation, of neighbor helping neighbor. Our towns and cities and rural ways of life are founded on the shoulders of Montanans working together.

This sense of community is a valuable resource, one we must again nurture as Montana prepares to enter the 21st century. Great changes are at hand. Our economy -- once dominated by agriculture, mining, and timber -- is diversifying with the growth of tourism, recreation, service industries, and an emerging high-tech sector. Our populace also grows more diverse as retirees, professionals, and service providers are drawn here by Montana's inspirational landscape, spaciousness, and a quality of life many find diminished outside our borders.

Now more than ever we must work together to meet the challenges ahead: jobs, education, sustainable communities, and environmental protection. Together, Montanans of all walks of life must seek ways to find agreement, to equitably and effectively resolve these and other important issues.

Many citizens are rising to this challenge with a renewed desire to participate in public debate, to have a voice in the decisions that affect their lives. In response, the 1993 Montana Legislature awarded a grant to the Office of the Governor to encourage public participation, and to provide a forum for cooperative and innovative problem-solving, particularly regarding natural resource issues.

As Governor, I hereby create The Montana Consensus Council. Its mission is:

• To provide assistance for building agreement on natural resource and other public policy issues;
• To anticipate and resolve controversial issues before disputes occur, thereby reducing the social and financial costs associated with prolonged disagreement;
• To encourage and support opportunities for citizens to work together and build agreement among diverse interests;
• To enhance the capacity of citizens, communities, agencies, and organizations to jointly solve problems and resolve disputes; and
• To increase public awareness and understanding of cooperative approaches to building agreement on public policy.

The Montana Consensus Council shall be governed by a Board of Directors, initially appointed by the Governor, whose members shall represent a cross-section of Montana's citizens.

This Order will remain in effect unless rescinded by subsequent Executive Order. This Order is effective immediately.

January 22, 1994