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HomeMy WebLinkAboutCouncil Workshop Minutes 01.02.2024MINUTES CITY OF LAUREL CITY COUNCIL WORKSHOP ! 124 A Council Workshop was held in Council Chambers and called to order by Mayor Dave Waggoner at 6:30 p.m. on January 2, 2024. _x_ Tom Canape _x_ Heidi Sparks Michelle Mize x Jessica Banks _x_ Casey Wheeler x Iry Wilke _x_ Richard Klose x_ Jodi Mackay OTHERS PRESENT: Michele Braukmann, Civil City Attorney Kelly Strecker, Clerk/Treasurer Ryan Welsh, KLJ Jessica McCartney, Union 303 President/Dispatcher Jackson Booth, Union 303 Vice President/Sergeant Jarred Anglin, Acting Captain Stan Langve, Police Chief Ryan Sedgwick, Police Officer Haley Swan, Police Officer Gabe Seibert, Police Officer Ryland Ratcliff, Police Officer Steven Baumgartner, Police Officer Susan Canape, Dispatcher Public Input: Steve Krum, 249 24`h Avenue North, spoke on the Growth Management Policy that is coming before the Council in the near future. Wallace Hall, 1006 1S` Avenue, spoke regarding people wanting power but not wanting infrastructure built in their backyard. General Items Nomination and appointment of Council President and Vice President. Council Member Wilke nominated Council Member Sparks for Council President. Seconded Council Member Klose. Motion carried 7-0. Council Member Sparks nominated Council Member Wilke for Council Vice President. Seconded by Council Member Klose. Motion carried 7-0. 2. Appointment of Council Members to Boards, Committees, and Commissions. The Mayor made the following appointments: • Budget/Finance Committee: Council Members Klose, Mize, Sparks, and Wheeler. • Emergency Services Committee: Council Members Klose, Wilke, Sparks, and Mackay. • Human Resources Committee: Council Members Sparks, Wilke, and Wheeler. • Public Works Committee: Council Members Wilke, Banks, Mackay, and Sparks. • Cemetery Committee: Council Members Klose and Canape. ® Park Board: Council Members Wilke, Klose, and Canape. • Tree Board: Council Members Mize and Canape. 0 Insurance Committee: Council Members Mize and Wheeler. Executive Review 3. Resolution -A Resolution Of The City Council Authorizing The Mayor To Approve A Change Order For The Project Known As The South 4th Street Reconstruction. Ryan Welsh, KLJ, stated this Change Order is to tie up all loose ends. When the contract was awarded, it was an estimate of the project cost. Some of those costs increased, and some of them decreased. This is the reconciliation Change Order that incorporates all those additional costs. It was questioned if we took the lowest bid for this project. It was clarified that there were five bids for the project, and they were the lowest bidder. It was further questioned if there is a different evaluation process during the bidding process if they do not have to stick with their initial bid. It was clarified that change orders are common and accepted in large-scale construction projects for unanticipated costs. It was questioned if the City had gone with a higher bid, would it have incurred more costs? It was clarified that there would have still been a reconciliation change order at the end of the project. It was questioned how far outside of the budget this change order took this project. It was clarified that the engineers' estimate was $5.2 Trillion. The contractor's bid came in at $4.2 million. Change order number one added $88k to the project, and change order number two will add $113k to the project. In total, the final cost for the project is just under $4.4 million. 4. Resolution - Resolution Of The City Council Of Intent To Adopt An Official Schedule Of Fees And Charges For The City Of Laurel And Repealing All Previous Resolutions That Set Fees Or Charges That Conflict With The Schedule Attached Hereto Upon Its Effective Date. Council noted an out -of -district fee for EMS. It was questioned if that fee would be billed to insurance. It was clarified that, yes, that fee would be billed to insurance, and any fees not covered by insurance would be passed to the patient. This billing structure is simplified and will make it easier for Pintler to bill and our patients to understand. Council noted that the annexation fee is listed as $750 but also states $35/acre. It was questioned if an annexation was 10 acres, would the cost be $350. It was stated that was correct. 5. Resolution - A Resolution Of The City Council Approving A Preventative Maintenance Plan For City Of Laurel Vans And Small Busses In Passenger Service. The Clerk/Treasurer briefly reviewed why the City needs a preventative maintenance plan. The FTA requires it to continue receiving funding. This plan states how the City plans to maintain the bus. It was questioned if the City shop can do the preventative maintenance or if it will need to be contracted out. It was clarified that the van we currently have is a Dodge/Mercedes van, and there are a lot of things that cannot be done in-house. The City has applied for a new bus and has requested a Ford; this will allow more maintenance to be done in-house. Council Issues 6. 303 Union MOU Market Adjustment Discussion. Jessica McCartney, 1002 Peaceful Plateau Shepard, MT, Union 303 President, has been employed by the City of Laurel for 17 years. Jackson, Booth, 409 E. 5t" Street, Union 303 Vice President and a Sergeant with the Police Department. Both briefly reviewed the attached documents. They gave two examples of calls they have received. The first was a suspicious activity — a fireworks complaint. They were able to document 129 bullet holes. That Officer was on the scene for 27 minutes before backup could arrive. Back up was the Capitan, who was called out from home. The second example was a routine traffic stop that ended up being a DUI. It took the Officer 10 minutes to subdue the suspect. Bystanders were calling 911, stating that the Officer had been punched in the face. That Officer was on the scene by themselves for 26 minutes before backup arrived. If we do not raise our wages, there is a very real possibility of having a career -ending injury or one of our Officers killed. If they receive ten applications, one will receive a letter stating they do not meet minimum qualifications, one doesn't show up to the physical test, one doesn't show up to the written testing, and one doesn't pass the written test. That leaves five applicants going into backgrounds. That packet is 27 pages in length. It is extensive, and that is thoroughly vet the people who police our community. It was questioned if Council Members could speak with members of the 303 Union to get their take on what is being proposed or if there is a more appropriate method. It was clarified that the most appropriate method to communicate with Union members is through their Union President. It was questioned if the dispatchers had voiced any concerns over this MOU. It was clarified that all members of the Union understand that things will look different for Officers and Dispatchers when negotiations begin. It was questioned if they would have two people per shift after hiring these two vacant positions. It was clarified that this was correct once they returned from the academy. It was further questioned if new hires are unable to go out by themselves before they go to the academy. It was clarified that they are allowed to do this via the field training process. The State allows them one year to obtain their certification. Wallace Hall, 1006 1" Avenue, stated that he has served on the Police Commission for the last 20 years. He currently serves as the Commission's Chair. In the last ten years, the Commission has been able to select the finest candidates. The City continues to lose them because we can't pay them. Mike Kirschenmann, 1112 Cherry Hills Drive, stated he has served on the Police Commission for the last nine years. He served as a Laurel Reserve Officer for 20 years. Steve Hurd, 1704 Duval Drive, stated he has served the City of Laurel for about 35 years. He started as a Parole Officer. He spoke to the safety and security issues of patrolling the streets. Ali. Mackay, 404 E. 9'1' Street, spoke in favor of increasing the pay for those who protect our City. It was questioned if this proposal includes the Chief or Captain. It was clarified that the Chief and Captain are not included in the proposal. This proposal puts a $2.20 gap between the senior most Officer and the captain's wage. Mayor Waggoner stated that if this wage increase is granted, negotiations are going to be difficult. Union President McCartney stated that their team has always come into negotiations with very reasonable expectations. The City Attorney has drafted the MOU but was waiting on the amount that the Council wanted to see presented to them. It was questioned if the Clerk/Treasurer was concerned about how the budget would hold up after this fiscal year. It was clarified that budget is always a concern. We do not know how much taxes will be each year, and they run on the General Fund. The total cost of this increase is approximately $128k. That does not account for the gap between the Chief and the Officers either. Mayor Waggoner stated that Council Member Canape would have to abstain as his wife is a dispatcher and a member of Union 303. Council indicated they would like to see a $3.00 increase listed in the MOU. 7. Local Government Review/Study Commission Discussion City Attorney Braukmann briefly reviewed the attached documents. It was questioned whether this would be budgeted in this year's budget or next year's budget. It was clarified that it would need to be budgeted for, and it would have to come out of the General Fund. It was questioned how often a study commission is put on the ballot. It was clarified that every ten years, it can go out to the voters, but it has never passed in Laurel. Council asked for clarification on what is needed tonight. It was clarified that the only thing needed tonight is an indication from the Council that they are ok with a resolution being presented as 3 Study Commissioners and a mid-range budget. The resolution needs to be passed by mid-February. It was questioned what would happen if the Council did not pass the resolution. It was clarified that the City is required to hold the primary election. What the Council has a say in is the number of commissioners on the study commission and the budget set for the Commission. Other Items There were none. Attendance at Upcoming Council Meeting All Council Members in attendance will be at next week's meeting. Announcements 8. Employee Years of Service Recognition January to June 2024. Mayor Waggoner recognized employee years of service. A Council Member recently was asked what happened to the nine o'clock siren. 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" m r- It F, 6 to to r- r4 W o r -f nto 0 r, 0 0 0) r, 0 V-4 a) " to %t Orq C� C ct 0 0 tD d h Ct lD r-: t6 M 6 r-rn o) r- 0 0 V -q r -I 0 0 " (3) a) )"0 :O ti's (n 00 a) H H V-4 V -q r -i H V-4 H AA, 4/1. V)- in V t/? +✓> t/} vi to V). V1, A/). � oo 00 LD to o 00 o N to to to kD r*� N VS! r r*� 00 N q tT Ot km5Rdl: 0) 0) 0) rn rn m r, r, o m 4 -n q c; c5 6 W m m 00 00 (3) m cli 0 H r.4 1.4 H m Ln Ln Ln u-, Ln Zt Ln bi in Ln to Ln Lm vii 44 77 . .... 4n V). V-)- to -C4 V't Vh- Vl V'J- V). V). tr* V C) 0 0 0 0 0 0 C) 0 a C 0 0 C) 0 ci 0* 0* CO 0 0 0 0OORO,: 6 C5 OE E- ZA Ln to Ln Ln Ln Ln Ln to to Ln Ln Ln C D ::i m 00 m NKM zo .:; ..�; t AGENCY POPULATIO CALLSL RATE AFTER FOR Y RATE PROBATION 2021 SERVIC 1ST CENSUSES E YEAR BIG HORN 12,957 8,491 $29.5 COUNTY HARDIN PD 3,685 CARBON 10,847 6,028 $31.89 +5% COUNTY + C L REDLODGE 2,339 3,135 $26.25 $27.86+ D 3-6% COLA UNION USSELS EL 4,896 3,874 $24.27 + COLA EVERY L COUNTY JULY STILLWATER 9,044 7,152 $30.53 $30.83 + COL COUNTY ON SHERIFF G 88-95% COLUMBUS 1,856 2,428 $25.43 $26.97 PD + 3% COLA UNION YELLOWSTON 167,146 72,000 $31.89 DEPENDANT E COUNTY ON UNION CERTIFICATION S BILLINGS PD 117,445 88,513 $30.38 +3% + UNION CERTIFICATION BONUS LAUREL PD 7,180 9,851 $24.83 +$1.00 UNION 23 MSW PRISON 200 $22.00 YCDF 590-610 $23.48 3 % JULY 1ST mcs $21.50 .50+1.50 Pofice Dena, e-7 u 215 W. I �' Street LlUrel, Mt. 59044 - 111ione 406-628-8737 - Fax 406-628-4641 2023 Printed on December 19, 2023 Code : Description Totals Agency Assist 800 800 Alarm - Burglary 125 125 Assault 44 44 Burglary 14 14 Child Abuse/Neglect 26 26 Discharge Firearm 9 9 Disorderly Conduct 117 117 DUI: DUI Driver 88 88 Family Disturbance 162 162 Fight 27 27 Intoxicated Pedestrian 18 18 Mental Health 43 43 Possession of Drugs 18 18 Prowler 1 1 Sexual Assault 28 28 Suicide 1 1 Suicide - Attempt 8 8 Suicide - Threat 40 40 Suspicious Activity 1163 1163 Suspicious Person 140 140 Threats 69 69 TRO Violation 3 3 T/S: Traffic Stop 1321 1321 Warrant 155 155 Welfare Check 178 178 Totals 4598 4598 Page 1 of 1 -,u -r I Police Dcv,aj 215 W. I 'I Street Laurel, Mt. 59044 - Phone 406-628-87-37 - Fax406-628-4641 Total Calls 2023 Printed on December 19, 2023 Code : Description Totals 1 Abandoned Vehicle 192 192 Agency Assist 800 800 Alarm - Burglary 125 125 Alarm - Fire 56 56 AMB: Ambulance 1053 1053 Animal Complaint 119 119 Area Check 82 82 Assault 44 44 Barking Dog 69 69 Burglary 14 14 Child Abuse/Neglect 26 26 Civil Complaint 127 127 Code Enforcment Violation 143 143 Community Integrated Health 6 6 Counterfeiting 1 1 Criminal Mischief 80 80 Criminal Trespass 75 75 Cruelty to Animals 26 26 Curfew Violation 46 46 Discharge Firearm 9 9 Disorderly Conduct 117 117 Dog at Large 283 283 Dog Bite 33 33 DUI: DUI Driver 88 88 Duplicate Call 50 50 Family Disturbance 162 162 Fight 27 27 FIRE : Fire or Smoke 162 162 Fireworks 35 35 Forgery 2 2 Found Property 77 77 Fraud 40 40 Harassment 41 41 Hit & Run 50 50 Identity Theft 6 6 Indecent Exposure 4 4 Insecure Premises 21 21 Intoxicated Pedestrian 18 18 Page 1 of 2 Code: description Totals l(kinapping 1 1 Lttte&v 7 7 Loitering 27 27 Lost or Stray Animal 157 157 Lost Property 55 55 Mental Health 43 43 Missing Person 38 38 Noise Complaint 40 40 Order of Protection Violation 23 23 : Parking Comptaint 199 199 Possession of Arc ohol 4 4 Possession of Drugs 18 18 : Possession of Tobacco 12 12 Privacy to Communications 15 15 :Prowler 1 1 Public Assist 570 570 Public Safety Complaint 99 99 Public Warks Cali 137 137 Report Not Needed 68 68 Runaway Juvenile 27 27 : Sexual Assauti 28 28 Suicide 1 1 Suicide - Attempt 8 8 Suicide - threat 40 40 Suspictous Activity 1163 1163 Suspicious Perm 140 140 :Theft 314 314 Threats 69 69 Tow Call 6 6 Traffic Accident 220 220 Traffic Hazard 55 55 Traffic Incident 231 231 TRO Violation 3 3 Truancy 5 5 TiS : Traffic Stop 1321 1321 Unattended Death 10 10 Unlawful Use of Motor Vehicle 1 1 Vicious Dog 26 26 Warrant 155 165 Welfare Check 178 178 Totals 9825 9825 Page 2 of 2 .. a --J Poficew Det)mrt, ga-1, 215 fit'. 1F' Strcct Laurel, NIL. i9044 - i'llone 406-628-8737 - Fax 406-628-1641 Violent Crinies 2023 Printed On December 10, 2023 Statute/Offense Totals 45-5-201(1)(a) - Assault, Purposely Or Knovringly Causing Bodily Injury To Another 11 11 45-5-206(1)(a) - Partner Or Family Member Assault, Causing Bodily Injury To Partner Or Family Member 24 24 45-5-207 - Criminal Endangerment 2 2 45-5-212 - Assault On A Minor 1 1 45-5-213 - Assault With Weapon 9 9 45-5-215 - Strangulation of partner or family member 2 2 45-5-401 - Robbery 1 1 45-5-502(1) - Sexual Assault 1 1 45-5.502(3) - Sexual Assault - (Victim Less Than 16, Offender 3 Or More Years Older Than Victim) 2 2 45-5-503 - Sexual Intercourse Wthout Consent 3 3 Totals 56 56 Page 1 of 1 215 W. I "Street Laurel, NIL. 59044 11ione 406-6i�8-8737 • Fax 406-628-41641 Total Calls 2022 Printed on December 19, 2023 Code: Description Totals 2 2 Abandoned Vehicle 293 293 Agency Assist 755 755 Alarm - Burglary 228 228 Alarm - Fire 62 62 AMB: Ambulance 1086 1086 Animal Complaint 119 119 Area Check 72 72 Assault 44 44 Bad Checks 2 2 Barking Dog 36 36 Burglary 13 13 Child Abuse/Neglect 32 32 Civil Complaint 140 140 Code Enforcment Violation 27 27 Counterfeiting 2 2 Criminal Mischief 114 114 Criminal Trespass 56 56 Cruelty to Animals 64 64 Curfew Violation 52 52 Discharge Firearm 14 14 Disorderly Conduct 83 83 Dog at Large 264 264 Dog Bite 12 12 DUI: DUI Driver 109 109 Duplicate Call 37 37 Family Disturbance 150 150 Fight 20 20 FIRE: Fire or Smoke 173 173 Fireworks 24 24 Forgery 2 2 Found Property 84 84 Fraud 37 37 Harassment 53 53 Hit & Run 49 49 Identity Theft 12 12 Indecent Exposure 1 1 Insecure Premises 21 21 Intoxicated Pedestrian 16 16 Pagel of Code: Description Totals :Littering 2 2 Lotter% 31 31 Lost or Stray Animal 175 175 Lost Property 43 43 Mental Health 44 44 Missing Person 26 26 Noise Complaint 41 41 Open Container 1 1 Order of Protection Violation 34 34 Parking Complaint 210 210 Possession of Alcohol 5 5 Possession of Drugs 18 18 Possession of Tobacco 13 13 Privacy in Communications 12 12 Prowler 5 5 Public Assist 682 682 Public Safety Complaint 67 67 Public Works Call 157 157 Report Not Needed 80 80 Robbery 2 2 Runaway Juvenile 21 21 Sexual Assault 31 31 Suicide - Attempt 5 5 Suicide - Threat 43 43 : Suspicious Activity 823 823 Suspicious Person 160 160 :Theft 304 304 Threats 50 50 Traffic Accident 201 201 Traffic Hazard 58 58 Traffic incident 191 191 TRO Violation 1 1 Truancy 12 12 TIS : Traffic Stop 1081 1081 Unattended Death 5 5 Unlawful Use of Motor Vehicle 4 4 Vicious Dog 20 20 Warrant 172 172 Welfare Check 157 157 Touts 9347 9347 Page 2 of 2 P-0 Hcgi D aTt ei- t --8737 - Fax 406-628-4641 215 W' P! Street Laura. Mt. 59044 - Phan 0 e 46-628 Violent Crimes 2022 Printed on December 19, 2023 Statute/Offense Totals 45-5-201(1)(a) - Assault, Purposely Or Knowingly Causing Bodily Injury To Another 14 14 45-5-206(1)(a) - Partner Or Family Member Assault, Causing Bodily Injury To Partner Or Family Member 24 24 45-5-207 - Criminal Endangerment 5 5 45-5-213 - Assault With Weapon 5 5 45-5-215 - Strangulation of partner or family member 1 1 45-5-401 - Robbery 2 2 45-5-502(1) - Sexual Assault 3 3 45-5-502(1) - Sexual Assault - Felony 2 2 45-5-502(3) - Sexual Assault - (Victim Less Than 16, Offender 3 Or More Years Older Than Victim) 1 1 45-5-503 - Sexual Intercourse Without Consent 7 7 Totals 64 64 Page 1 of 1 LaLu�re, P J"ce, Devertme, 215 WI" Street Laurel, Mt. 59044 - None 406-623-8737 - Fax 406-628-4641 2022 Printed on December 19, 2023 Code : Description Totals Agency Assist 755 755 Alarm - Burglary 228 228 :Assault 44 44 Burglary 13 13 Child Abuse/Neglect 32 32 Discharge Firearm 14 14 Disorderly Conduct 83 83 DUI : DUI Driver 109 109 Family Disturbance 150 150 Fight 20 20 Intoxicated Pedestrian 16 16 Mental Health 44 44 Possession of Drugs 18 18 Prowler 5 5 Robbery 2 2 Sexual Assault 31 31 Suicide - Attempt 5 5 Suicide - Threat 43 43 Suspicious Activity 823 823 Suspicious Person 160 160 Threats 50 50 TRO Violation 1 1 T/S : Traffic Stop 1080 1080 Warrant 172 172 Welfare Check 157 157 Totals 4055 4055 Page 1 of 1 L P o, ic e- D ever e7 215 W I Street Laurel, Mt. 59044 - Phone 406-62�8-8737 - Fax 406-628-4641 2021 Printed on December 19, 2023 Code : Description Totals Agency Assist 732 732 Alarm - Burglary 210 210 Assault 51 51 Burglary 25 25 Child Abuse/Neglect 40 40 Discharge Firearm 9 9 Disorderly Conduct 79 79 DUI: DUI Driver 157 157 Family Disturbance 172 172 Fight 33 33 Intoxicated Pedestrian 17 17 Mental Health 106 106 Possession of Drugs 17 17 Prowler 1 1 Sexual Assault 15 15 Suicide 4 4 Suicide - Attempt 12 12 Suicide - Threat 47 47 Suspicious Activity 1099 1099 Suspicious Person 147 147 Threats 68 68 TRO Violation 7 7 T/S: Traffic Stop 1584 1584 Warrant 176 176 Welfare Check 158 158 Totals 4966 4966 Page 1 of 1 Ua—,urel R fice D 115 W. I" Street Laurel, Nlt. 59044 - I'lione 406 Total Calls 2021 Code : Description Totals 737 - Fax 406-628-4641 Printed on December 19, 2023 Page 1 of 2 2 2 Abandoned Vehicle 230 230 Agency Assist 732 732 Alarm - Burglary 210 210 Alarm - Fire 52 52 AMB: Ambulance 1043 1043 Animal Complaint 107 107 Area Check 69 69 Assault 51 51 Barking Dog 42 42 Burglary 25 25 Child Abuse/Neglect 40 40 Civil Complaint 174 174 Counterfeiting 9 9 Criminal Mischief 76 76 Criminal Trespass 109 109 Cruelty to Animals 54 54 Curfew Violation 137 137 Discharge Firearm 9 9 Disorderly Conduct 79 79 Dog at Large 184 184 Dog Bite 17 17 DUI: DUI Driver 157 157 Duplicate Call 15 15 Family Disturbance 172 172 Fight 33 33 FIRE: Fire or Smoke 212 212 Fireworks 51 51 Forgery 1 1 Found Property 97 97 Fraud 39 39 Harassment 49 49 Hit & Run 47 47 Identity Theft 9 9 Indecent Exposure I I Insecure Premises 17 17 Intoxicated Pedestrian 17 17 Kidnapping I I Littering 7 7 737 - Fax 406-628-4641 Printed on December 19, 2023 Page 1 of 2 Code: Description Totals Loitering 17 17 Lost or Stray Animal 223 223 Lost Property 53 53 Memo[ Health 106 106 Missing Person 30 30 Noise Complaint 34 34 Order of Protech Viotation 23 23 Parking Complaint 234 234 Possession of AkxMW 5 5 Possession of Drugs 17 17 Possession of Tobacco 7 7 Privacy In Commmunications 22 22 Prowler 1 1 Public Assist 698 698 Public Safety Complaint 91 91 Punic Works Gats 240 240 Report Not Needed 66 66 Runaway Juvenfle 17 17 :Sexual Asset* 15 i5 Suicide 4 4 Suicide - Attempt 12 12 Suicide - Threat 47 47 Suspicious Activity 1099 1099 Suspicious Person 147 147 Theft 301 301 Threats 68 68 Traffic Accident 191 191 Traffic Hazard 85 85 Traffic Incident 186 186 TRO Violation 7 7 Truancy 5 5 T/S : Traffic Stop 1584 1584 Unattended Death 11 11 Unlawful Use of Motor Vehicle 5 5 Vicious Dog 24 24 Warrant 176 176 Welfare Check 158 158 Totals 10385 10385 Page 2 of 2 e::,! P i e. Den, -:nl Y 215 W. I" Street Laurel, Mt. 59044 • I'lioric 406-628-8737 Fax 406-628-4641 Violent Crimes 2021 Printed on December 19, 2023 Statute/Offense Totals 45-5-201(1)(a) - Assault, Purposely Or Knowingly Causing Bodily Injury To Another 11 11 45-5-206(1)(a) - Partner Or Family Member Assault, Causing Bodily Injury To Partner Or Family Member 39 39 45-5-207 - Criminal Endangerment 9 9 45-5-212 - Assault On A Minor 1 1 45-5-213 - Assault With Weapon 10 10 45-5-502(1) - Sexual Assault 4 4 45-5-502(1) - Sexual Assault - Felony 2 2 45-5-502(3) - Sexual Assault - (Victim Less Than 16, Offender 3 Or More Years Older Than Victim) 3 3 45-5-503 - Sexual Intercourse Without Consent 1 1 Totals 80 80 Page 1 of 1 HoL, 215 W I Street Laurel, Mt. 59044 - 11hotic 406-628-8737 • Fax 406-628-4641 2020 Printed on December 19, 2023 Code : Description Totals Agency Assist 648 648 Alarm - Burglary 164 164 Assault 33 33 Burglary 20 20 Child Abuse/Neglect 26 26 Discharge Fireami 19 19 Disorderly Conduct 71 71 DUI : DUI Driver 127 127 Family Disturbance 175 175 Fight 25 25 Intoxicated Pedestrian 14 14 Mental Health 36 36 Possession of Drugs 11 11 Prowler 4 4 Robbery 2 2 Sexual Assault 20 20 Suicide - Attempt 15 15 Suicide - Threat 50 50 Suspicious Activity 943 943 Suspicious Person 175 175 Threats 50 50 TRO Violation 3 3 T/S : Traffic Stop 1463 1463 Warrant 161 161 Welfare Check 130 130 Totals 4385 4385 Page 1 of 1 Devart ment Laure.1 R fic 215 W I" Street Laurel, Nit. 59044 - 1111one 406-628-8737 - Fax 406-628-4641 Total Calls 2020 Printed on December 19, 2023 Code : Description Totals 10-15: With Prisoner 1 1 Abandoned Vehicle 102 102 Agency Assist 648 648 Alarm - Burglary 164 164 Alarm - Fire 53 53 AMB: Ambulance 871 871 Animal Complaint 84 84 Area Check 66 66 Assault 33 33 Barking Dog 63 63 Burglary 20 20 Child Abuse/Neglect 26 26 Civil Complaint 105 105 Counterfeiting 6 6 Criminal Mischief 93 93 Criminal Trespass 91 91 Cruelty to Animals 33 33 Curfew Violation 51 51 Discharge Firearm 19 19 Disorderly Conduct 71 71 Dog at Large 133 133 Dog Bite 17 17 DUI: DUI Driver 127 127 Duplicate Call 14 14 Family Disturbance 175 175 Fight 25 25 FIRE: Fire or Smoke 189 189 Fireworks 40 40 Forgery 6 6 Found Property 88 88 Fraud 32 32 Harassment 39 39 Hit & Run 46 46 Identity Theft 10 10 Indecent Exposure 1 1 Insecure Premises 9 9 Intoxicated Pedestrian 14 14 Littering 5 5 Loitering 23 23 Page 1 of 2 Code.* Description Totals Lost or Stray Animal 211 211 Lost Property 50 5o Mental Health 36 36 Missing Person 11 11 Noise Complaint 69 69 Order of Protection Violation 25 25 Parking Complaint 185 185 Possession of Alcohol 3 3 Possession of Drugs t 1 11 Possession of Tobacco 5 5 Privacy In Communications 26 26 Prtsoruller 4 4 Public Assist 614 614 Public Safety Complaint 54 54 Pudic Works Call 168 168 Report Piot Needed 74 74 Robbery 2 2 Runaway Juvenile 26 26 Sexual Assault 20 20 Suicide -Attempt 16 15 Suicide - Threat 5o 50 Suspicious Activity 943 943 :mous Person 175 175 :Theft 273 273 Threats 5o 5o Traffic Accident 191 191 Traffic Hazard 79 79 Traffic Incident 182 182 TR© Violation 3 3 Truancy 8 8 TIS : Traffic Stop 1463 1463 Unattended Oath 8 8 Unlawful Use of Motor Vehicle 1 1 Vires Dog 19 19 Warrant 161 161 Welfare Check 130 130 Totals 8938 8938 Page 2 of 2 Statute/Offense Totals 45-5-201(1)(a) - Assad, PuMosely Or Knowingly Causes Bodily " To Another 5 6 45-5-206(1 )(a) - Partner Or Family Member Assault Causing Bout " To Partner Or Family Member 18 18 45-5-207 - Criminal EndangermerA 4 4 45.5-212 - Assault On A Minto 2 2 45-5-213 - Assault With V*apon 4 4 45-5-215 - Strangulation of partner or family member 2 2 464 401 - Robbery 2 2 45-5-2(1 ) - Sexual Assault 4 4 45-5-502(l) - Sexual Assault - Felony 8 8 45.5-503 - Sexual Intercourse Vftux t Consent 3 3 Totals 52 52 Page 1 of 1 CITE' I-L4.LL 115 W kr. St. PUB WORKS: 623-4796 PNIM FAN 628-2241 WATER OFFICE: 628-7431 ',%7R FAX: 628-2289 MAYOR: 628-8456 %,ity of Laurel P.O. Bos IO Laurel, Moutaaaa i9044 DEP.ARTfENT Memorandum Re Local Government Study and Related Election TO: City of Laurel City Council and Mayor CC: City of Laurel Clerk-Treasurer/City Council Administrative Assistant FROM: Michele Braukmann, Laurel Civil City Attorney DATE: 2023.12.27 RE: Information Re Local Government Study and Related Election This Memorandum serves to provide information regarding the required Local Government Study that has to be put on the 2024 Ballot for consideration by the electorate in the City of Laurel. What is this about, and why is it required? Pursuant to Article XI, section 9 of the Montana Constitution and section 7-3-173, MCA, local governments, including cities and counties, must place the local government review question on the ballot if 10 years have elapsed since voters have voted on the question. In June of 2014, the local government entities of Yellowstone County had the question on the ballot. Therefore, it is once again time to adopt a resolution to place on the June primary ballot the question of establishing a study commission that includes the number of commissioners and the amount of funding. See 7-3-173, 7- 3-174, 7-3-175, MCA. -1- Pursuant to the Secretary of State's guidance, the deadline to call for the local government review is on or before March 11, 2024 (See 7-3-173, MCA). The following is the legal information related to the study commissions and the requirement to place this on the ballot every ten years. 7-3-173. Establishment of study commissions. (1) A study commission may be established by an affirmative vote of the people. An election on the question of conducting a local government review and establishing a study commission must be held if: (a) the governing body of the local government unit calls for an election by resolution; (b) a petition signed by at least 15% of the electors of the local government calling for an election is submitted to the governing body; or (c) 10 years have elapsed since the electors voted on the question of conducting a local government review and establishing a study commission. (2) The governing body shall call for an election on the question of conducting a local government review and establishing a study commission, as required by Article XI, section 9(2), of the Montana constitution, within 1 year after the 10 -year period referred to in subsection (1)(c). 7-3-174. Election dates and procedures. (1) An election on the question of establishing a study commission under 7-3-173 must be held in conjunction with a primary election held on the date established in 13-1-107. (2) An election of study commission members under 7-3-176 must be held in conjunction with a general election held on the date established in 13-1-104. (3) The elections must be counted, canvassed, and returned as provided in Title 13 for general elections. (4) The election administrator shall report the results of an election conducted under 7-3-171 through 7-3-193 to the secretary of state within 15 days of the date the election results become official. Article XI, Section 9. Voter review of local government. (1) The legislature shall, within four years of the ratification of this constitution, provide procedures requiring each local government unit or combination of units to review its structure and submit one alternative form of government to the qualified electors at the next general or special election. (2) The legislature shall require an election in each local government to determine whether a local government will undertake a review procedure once every ten years after the first election. Approval by a majority of those voting in the decennial -2- general election on the question of undertaking a local government review is necessary to mandate the election of a local government study commission. Study commission members shall be elected during any regularly scheduled election in local governments mandating their election. 7-3-175. Ballot form and question. The question of conducting a local government review and establishing a study commission must be submitted to the electors in substantially the following form: Vote for one: [ ] FOR the review of the government of (insert name of local government) and the establishment and funding, not to exceed (insert dollar or mill amount), of a local government study commission consisting of (insert number of members) members to examine the government of (insert name of local government) and submit recommendations on the government. [ ] AGAINST the review of the government of (insert name of local government) and the establishment and funding, not to exceed (insert dollar or mill amount), of a local government study commission consisting of (insert number of members) members to examine the government of (insert name of local government) and submit recommendations on the government. How do we determine the budget for the Study and Commission requirements? It is up to City Council to detennine the budget, but it should be based off a recommendation made by City Staff. The following is the information I have received in communications with the Local Government Center and the Elections Office in addressing how City Council should budget this Election. Budget Framework: See attached document (2024 VR sample budget.pdf). Cj!Y Staff recommends a budget consistent with the mid -tier City size (less than l Ok in population). Number of Study Commissioners: This is addressed in 7-3-177(1 , MCA where it states, "the study commission shall consist of three members unless the local governing body by resolution declares that a larger number shall be elected". During the 2016-18 voter review cycle, 38 municipalities elected to have a study commission. Of the 38 municipalities, 34 chose to have 3 study commissioners and 4 cities chose to have 5 study commissioners. The communities who chose 5 commissioners were Conrad, Dillon, Hot Springs, and Polson. City Staff recommends 3 Commissioners, if the City of Laurel elects to have a study commission. Consulting Support: The MSU Local Government Center is planning to provide as -3- much support as possible given their Center size and the number of cities and counties participating in the voter review. They will focus their efforts on providing training and technical support to study commissioners and on a limited basis provided education and context to the electorate. In addition to in person support, they are planning to develop quality online resources for both study commissioners and the public to support the review. The League may also be available for limited support and other State agencies. There may also be other resources around the state that can aid the study commission with facilitating public engagement around proposed changes. I am attaching a sample budget that was proposed by the MSU Local Government Center. I recommend a budget consistent with what other municipalities our size are being recommended. What are the next steps? By mid-February 2024, a Resolution needs to be placed in front of City Council to approve the ballot to be placed on the June 2024 Election cycle to ask the voters if they want to support appointing the study commission for local government review. If the voters decline to do so, then the ballot issue dies, and no further action needs to be taken. If the voters elect to do so, the study commission will be appointed, and its responsibility will be to examine the City of Laurel governance and submit recommendations to the City of Laurel. Any citizen may submit their request to be included on the commission. I will submit a proposed Resolution to City Council by mid-February of this year, in order to have City Council approve the proposed ballot language for the June 2024 election, as well as to set a budget included in the ballot. In addition to a proposed sample budget, I am submitted materials herewith describing, in more details, the purpose of the study commission and intended format of governmental review. I will be happy to answer any questions in the upcoming City Council Meetings, during discussion, about this matter, before it is placed for consideration in front of you as a Resolution. OFFICE OF THE CIVIL CITY ATTORNEY Michele L. Braukmann, J.D. CITY OF LAUREL Civil City Attorney civilattomevA,1aurel.mt.gov -5- . , Montana Secretary of State Christi Jacobsen Elections and Government Services 2024 Local Government Review Information a What is the Local Governme nt Review election? A. Established as part of the 1972 Constitution, the Local Government Review election is to be held b«each city and county government every IDyears. |[ your city orcounty government has held a Local Government Review election any time after the 2014 general election until now, you should consult with your county attorney regarding your responsibility. -_ A. The applicable laws, 7-3-171 through 7-3-193, MCA, are found at a'''Does the Local Government Review~ ' A. No, local governments have been defined bJinclude both city and county governments. Q, Is it a - requirement==°"^___-_, a local government~~~~~. A. Yes. Ayrequired under MCA, "The governing body shall call for anelection, tobe held on the primary election date, on the question of conducting a local government review and establishing a study commission ..... . A governing body shall call for an election on Local Government Review byMarch 11,2OZ4. a'� ~Who pays the cost of putting the local government review question on the ballot? According to MCA, each jurisdiction shall pay their proportionate cost. The county will bill the municipality for their proportionate cost, which cannot include the services ofthe election administrator orcapital expenditures. The proportionate costs shall beonly those additional costs incurred as result ofthe political subdivision holding its election in conjunction with the primary or general election. For uniformity purposes, those costs should be; - any extra ballot costs, - any extra equipment programming costs, - any extra advertising costs, and; - any other additional costs incurred because the municipal ballot issue appears on the primary ballot and the municipal local government review candidates appear onthe general election ballot, if applicable. 0, What -exactly Will voters be,asked to decide at the June 4 Primary? A. The ballot language bt0be substantially a5follows, under Section MCA: [I FOR the review of the government of (insert name of local government) and the establishment and funding, not toexceed (insert dollar or mill omount),mfa local government study commission Updated June 8,2023 i DATE ACTION MCA SEMON March 11, 2024 Deadline for governing bodies to call 7-3-173(2) for local government review June 4, 2024 Primary election citizens vote on 7-3-173 l whether or not they want to conduct local government review No later than June 18, Results canvassed and returned as l 7-3-174(l)W 2024 provided in Title 13; beginning of study commission candidate filing j (assuming vote is in favor of study I commission) July 3, 2024 Deadline for local government Z-3-17-412 review results to be delivered to the Secretary of State (within 15 days of t the date that the results become official) I � August 12, 2024 ; Last day for local government review 7-3-176 2 1 I commission candidates to file declaration of nomination by 5:00 I p.m. (assuming vote is in favor of study commission) **No filing fee i **Nonpartisan declaration **No primary November 5, 2024 Election for study commissioners 7-3-176 No later than November Results to be canvassed and returned 7-3-174(1)j 19, 2024 _ as provided in Title 13 December 4, 2024 Deadline for local government ; 7-3-174(2) review results to be delivered to the Secretary of State (within 15 days of the official canvass) Updated lune 8, 2023 MONTANA�S 6TH LOCAL GOVERNMENT REVIEW — TIMELINE Montana Code Annotated Title 7, Chapter 3, Part 1 (MCA 7-3-171 — 7-3-193) Adopt resolution to place on the ballot the question of establishing a study commission that includes number Ofcommissioners and amount offunding not toexceed $>(XXX (MCA 7-3-173 0^7-3'l75). June 2024 Local Government Review election on the question ofestablishing a study commission (MCA 7- 14-17]). Ballot measure passes with amajority ofthosevotingonthgquestion. Citizens file with county election administrator to be a study commission candidates (MCA 7-3'I74i MSU Local Government Center connects with mayor/manager or chair of county commission in jurisdictions that elect to conduct a Local Government Review to provide training and support. November 2024 Election orappointment ofStudy Commissioners (MCA 7-3'174Q^7-3'175\. Study Commissioners take office the day the election is declared or certified (MCA 7-3-178) Ex - officio member is appointed by the governing body, must be a current elected official or employee ofthe local government (MCA 7-3-177}. November/December 2024 Within 10days after taking office the Study Commission meets to organize. Date set by the presiding officer /nn anagerorchairofboardofoountycornnnboion\svvearin,ehect temporary presiding officer until a permanent presiding officer isselected. Discuss when, where, how tomeet, develop budget, decide whether 10cooperate with another jurisdiction and consider consolidation mrcollaboration ofservices (MCA 7 -3'179&7 -S -18O). December 2024 MSU Local Government Center hosts study commissioner training. December 2024 to November 2026 MSU Local Government Center, Montana Association of Counties, Montana League of Cities and Towns, etc. supports study commission with technical assistance, training and community engagement. Study Commission reviews power, form, and plan ofgovernment. Either choses "no change" or makes recommendation to voters by November election in 2026 (MCA 7-3-192 and 7-3-149). Within 60 days of adoption of the Local Government Review report, submits reports to appropriate agencies and publishes findings (MCA 7-3-187 through 191). M UPdated September 2021 MONTANA STATE UNWERSM EXTENSION Local G"vernm°",Center Passed and adopted by the City/Tow-n Council of the City/Town of Montana meeting at regular session held on the day of 22024. . Mayor . City/Town Clerk zVOTE: For an alter-nativeformatsee the model resolution at Attachment ?.1, Section 2.303, p. 44, A-lantana.Municipal Qt ook .ficials IIanclb Passed and adopted by the County Commissioners of the County of I Montana meeting at regular session held on the 2024. Presiding Officer Commissioner Commissioner ATTEST: Clerk and Recorder APPROVED AS TO FORM: Countv Attorney 1 City or Town Anaconda/ Deer -Lodge Class 2nd (Consolidated city -county) Population 2019 9,131 Type of Govt Self Year of Incorporation 1988 Year Adopted Self -Government Powers 1976 Pian of Government Comm -Ex Charter Yes 2 Belgrade 3rd 8,993 Self 1906 1987 Comm -Mgr Yes 3 Billings 1st 109,550 Self 1885 1976 Comm -Mgr Yes 4 Bozeman 1st 48,532 Self 1883 2000 Comm -Mgr Yes 5 Bridger Town 754 Self 1907 1976 Comm -Ex Yes 6 Broadview Town 188 Self 1929 1976 Comm -PO No 7 Butte/Silver- Bow 1st !Consolidated city-countO 34,284 Self 1874 1976 Comm -Ex Yes 8 Chateau 3rd 1,713 Self 1913 2006 Comm -Ex Yes 9. Circle Town 608 Self 1929 1976 Comm -Ex Yes 10 Clyde Park Town 325 Self 1913 1976 Comm -Ex No 11 Colstrip 3rd 2,266 Self 1998` 1998 Coram -Ex I Yes 12 Conrad 3rd 2,500 Self 1909 2006 Comm -Ex Yes 13 Cut Bank' 3rd 3,122 Self 1911 2006 Comm -Ex Yes 14 Darby Town 792 Self 1916 1996 Comm -Ex Yes 15' Millon 3rd 4,261 Self 1885 1996 Comm -Ex Yes 16 Ennis Town 997 Self 1956 1976 Comm -Ex Yes Y 18 Forsyth 3rd 1,823 Self 1905 1996 Comm -Ex Yes 19' Fort Benton 3rd 1,443 Self 1893 1996 Comm -Ex No 20 Fort Peck Town 240 Self 1986 1986 Comm -Ex No 21 Fromberg Town 462 Self 1902, 1976 Comm -Ex No 22 Glasgow 3rd 3,328 Self 1902 1976 Comm -Ex No 23 Great Falls 1st 58,701 Self 1888 1986Comm-Mgr Yes 24 Havre 1st 9,715 Self 1893 2020 Comm -Ex Yes 25 Helena 1st 32,315 Self 1867 1976 Cornea -Mgr Yes 26 Hingham Town 118 Self 1918 1976 Comm -Ex No 7' Laurel ars! 6,766 Self 1908 2007 Comm -Ex Yes 28 Lewistown 2nd 5,818 Self 1901 1996 Comm -Mgr Yes 29 Libby 3rd 2,737 Self 1909 19889 Comm -Ex Yes 30 Lima Town 227 Self 1917 2006 Comm -Ex Yes 31 Manhattan Town 1,822 Self '1911 2006 Comm4x - Yes 32 Missoula 1st 74,428 Self 1883 1996 Comm -Ex Yes 33 Nethart Town 49 Self 1991 1976 Cct r Ex No 34 Pinesdale Town 985 Self 1986 1996 Town Mtg Yes 95 Poison 3rd 5,018 Self 1910 !4006 minim -I Or 'Yes 36 Red Lodge 3rd 2,294 Self 1892 1986 Comm -Ex Yes 37 Saco Town 193 1 Self ' 1918 ' 2006 Comm -Ex Yes 38 Sunburst Town 341 1 Self 1923 1976 Comm -Ex Yes MSU Extension Local Government Center Updated September 2021 TITLE 7. LOCAL GOVERNMENT CHAPTEV 3. ALTE1?1X_A_TjAYJL*"?X4S_4-'F IL 1!1111111 i 11111ell , , � I A I j� I I 7-3-113. Statutory basis for municipal council -mayor government. (1) For the purpose of determining the statutory basis of existing units of local government, each unit of local government organized under the general statutes authorizing the municipal council -mayor form of government, which does not adopt a new form, shall be governed after May 2. 1977, by the following sections: (a) (b) 7-3-202(1); (c) 7_-__3-20}i; - (d) Tjl-= t_2(2); (e) (f) 7-3-214(2); (g) 7-33-21 i(2); Z= _ (h) 77-3-2116(2); (i) 1 0 ) 7-3-21 S(2); (k) 7—;-? l 2( I (1) (m) 2:13-2211(3); (o) 7-3-223(2). (2) This form has terms of 4 years for all elected officials. The size of the commission shall be established by ordinance, but it may not exceed 20 members. 7-3-201. Commission -executive form. The commission -executive form (which may be called the council -executive, the council -mayor, or the commission -mayor form) consists of an elected commission (which may be referred to as the council) and one elected executive (who may be referred to as the mayor) who is elected at large. 7-3-202. Nature of government. The plan of government submitted to the qualified electors shall determine the powers of the local government unit by authorizing: (1) general government powers; or (2) self-government powers. 7-3-203. Duties of executive. The executive shall: (1) enforce laws, ordinances, and resolutions; (2) perform duties required by law, ordinance, or resolution; (3) administer affairs of the local government; (4) carry out policies established by the commission; (5) recommend measures to the commission; (6) report to the commission on the affairs and financial condition of the local government; BOLD = Statutory basis for municipal council -mayor government. MCA 7-3-113 (The Recipe) 7-3-216. Administrative supervision and control. The executive may: (1) exercise control and supervision of the administration of all departments and boards; or (2) exercise control and supervision of all departments and boards to the degree authorized by ordinance of the commission. 7-3-217. Financial officer. A financial officer (who may be called the treasurer): (1) shall be elected; (2) shall be appointed by the executive with the consent of the council-, (3) shall be selected as provided by ordinance; or (4) may, at the discretion of the commission, be selected as provided by ordinance. 7-3-218. Selection of commission members. The commission shall be: (1) elected at large. (2) elected by districts in which candidates must reside and which are apportioned by population; (3) elected at large and nominated by a plan of nomination that may not preclude the possibility of the majority of the electors nominating candidates for the majority of the seats on the commission from persons residing in the district or districts where the majority of the electors reside; or (4) elected by any combination of districts, in which candidates must reside and which are apportioned by Population, and at large. 7-3-219. Type of election. Local government elections shall be conducted on a: (1) partisan basis; or (2) nonpartisan basis. 7-3-220. Presiding officer of commission. The commission must have a presiding officer who must be: (1) elected by the members of the commission from their own number for a term established by ordinance; or (2) selected as provided by ordinance. 7-3-221. Presiding officer of commission. The presiding officer of the commission: (1) may vote as other members of the commission; (2) is the executive, who may vote as the commissioners; (3) is the executive, who shall decide all tie votes of the commission but may not have another vote (the presiding officer of the commission shall preside if the executive is absent); or (4) is the executive but may not vote. 7-3-222. Terms of commission members. Commission members shall be elected for: (1) concurrent terms of office; or (2) overlapping terms of office. BOLD = Statutory basis for municipal council -mayor government. MCA 7-3-113 (The Recipe) Statutory Basis for Elected County Official Governmeno 7-3-105. Plan of government. The approved plan filed with the secretary of state pursuant to subsection (3)(a) of section 14. Chapter 513, Laws of 1975, shall be the official plan and shall be a public record open to inspection of the public and judicially noticeable by all courts. 7-3-111. Statutory basis for elected county official govern -went. (1) For the purpose of determining the statutory basis of existing units of local government after May 2, 1977, each unit of local aovernment organized under the general statutes authorizing the elected county official form of government shall be governed by the following sections: (a) 7-3-401 (b) 7-3-40", (c) 7-3-41.'(3); (d)1-1'4-1131 1 (f) 7::3-415(2); (g) '7 3-416(2): (h) 7--3,- 7(2). (i) 7-3-418: ��-3-43(1 (k) 7-3-433( I (1):Z-_3- 34(1): (in) 41-3-5 M, (n) 7--3- 36(1 (o) 7-3-437(l): (1q) 7-3-439(1); (r) .1 -3 -440(l) - (s) 7-3-441(1); (t) 7-3-442(1) if the county has elected an auditor; (u) 7-3-442(6) if the county has not elected an auditor. (2) This form has terms of 4 years for all elected officials except commissioners who are elected to 6 -year terms. The commission consists of three members. TITLE 7. LOCAL GOVERNMENT CHAPTER 3. ALTERNATIVE FORMS OF LOCAL GOVERNMENT Part 4. Commission Government 7-3-401. Commission form. The commission form consists of an elected commission (which may also be called the council) and other elected officers as provided in this part. All legislative, executive, and administrative powers and duties of the local government not specifically reserved by law or ordinance to other elected officers shall reside in the commission. The commission shall appoint the heads of departments and other employees, except for those appointed by other elected officials. Cities and towns which adopt this form may distribute by BOLD = Statutory basis for elected county official government as outlined in MCA 7-3-111 7-3-417. Size of commission and community councils. The size of the commission, which shall be a number not less than three, shall be established when the form is adopted by the voters, and: (1) community councils of at least three members shall be elected within each district to advise the commissioner from that district. Local governments conducting, elections at large shall district according to population for the purpose of electing community councils, or (2) community councils to advise commissioners may be authorized by ordinance. 7-3-418. Terms of elected officials. The term of office of elected officials may not exceed 4 years, except the term of office for commissioners in counties adopting the form authorized by Article XI, section 3(2). of the Montana constitution may not exceed 6 years. Terms of office shall be established when the form is adopted by the voters. 7-3-431. Additional structural suboptions for county and consolidated governments. In county and consolidated local governments, the plan of government submitted to the qualified electors shall further define the structural characteristics of the form by including one item frons each of the choices listed in 7-3-4-12 through 7-3-44?. The officers shall have the powers and duties established by ordinance. After the establishment of any office. the commission may consolidate, as provided by law, two or more of the offices. 7-3-432. Legal officer. A legal officer. who may be called the county attorney: (1) may be elected; (2.) may be appointed by the local government commission. (3) may, be appointed by the presiding officer of the local government commission, (4) may be selected as provided by ordinance, (5) may at the discretion of the commission be selected as provided by ordinance: or (6) may not be included in this form as a separate office. 7-3-433. Law enforcement officer. A law enforcement officer, who may be called the sheriff: (1) may be elected; (2) may be appointed by the local government commission: (3 )) may be appointed by the presiding officer of the local government commission; (4) may be selected as provided by ordinance; (5) may at the discretion of the commission be selected as provided by ordinance, or (6) may not be included in this form as a separate office. 7-3434. Clerk and recorder. A clerk and recorder: (1) may be elected; (2) may be appointed by the local government commission; (3) may be appointed by the presiding officer of the local government commission; (4) may be selected as provided by ordinance; (5) may at the discretion of the commission be selected as provided by ordinance; or (6) may not be included in this form as a separate office. BOLD = Statutory basis for elected county official government as outlined in MCA 7-3-111 (5) may at the discretion of the commission be selected as provided by ordinance; or (6) may not be included in this form as a separate office. 7-3-441. Public administrator. A public administrator: (1) may be elected; (2) may be appointed by the local government commission. Q )) may be appointed by the presiding officer of the local government commission: (4) may be selected as provided by ordinance, (5) may at the discretion of the commission be selected as provided by ordinance, or (6) may not be included in this form as a separate office. 7-3-442. Auditor. An auditor: (1) may be elected; (if the County has elected an auditor) (2) may be appointed by the local government commission. (3) may be appointed by the presiding officer of the local government commission: (4) may be selected as provided by ordinance. - (5) may at the discretion of the commission be selected as provided by ordinance, or (6) may not be included in this form as a separate office. (If the county has not elected an auditor.) BOLD = Statutory basis for elected county official government as outlined in MCA 7-3-111 Attorney General's Opinions Competitive Bidding Requirements Mandatory: Alocal government unit with self-government powers cannot supersede by the passage of a resolution or ordinance the competitive bidding requirements set forth in 7-5-4302. 37 A.G.Op. 17S(197O). Self -Government Powers: Section 7-4-2503 does not apply to self-government units since it may be superseded byordinance orresolution ofthe Commission and isnot prohibited by7-1'114(l)(g).37A.G.Op. 6D(1977). 7-1-106. Construction of self-government powers. The powers and authority of a local government unit with arnnment powers shall be liberally construed. Every reasonable doubt as to the existence of a local governmen History. En. «rx-7-1nauvSec. �Ch. 345.L 1975;oz»x xe*r 47A-7-106, 7-1-111. Powers denied. A local government unit with self-government powers is prohibited from exercising the following: (1)any power that applies bzoraffects any private or civil relationship, except asanincident tothe exercise of enindependent self-government power; (I) any power that applies to or affects the provisions of7'33-4I2U or Title 39\ except that subject to those provisions, it may exercise any power ofa public employer ith regard to its employees; (3)any power that applies tuoraffects the public school system,except that alocal unit may impose an assessment reasonably related to the cost of any service or special benefit provided by the unit and shall exercise any power that it is required by law to exercise regarding the public school any power that prohibits the grant nrdenial ofa of public convenience and necessity pursuant toTitle 69, chapter 12; (5) any power that establishes a rate or price otherwise determined by a state agency; (6) any power that applies to or affects any determination of the department of environmental quality with regard to any mining plan, permit, or contract; (7)any power that applies to or affects any determination by the department of environmental quality with (8) any power that defines as an offense conduct made criminal by state statute, that defines anoffense asa felony, or that fixes the penalty or sentence for a misdemeanor in excess of a fine of $5006months' imprisonment, or both, except asspecifically authorized bystatute; (9)any power that applies tooraffects the (1O)any power that applies tooraffects a asestablished bystate law, except that alocal government may establish additional pension or retirementsystems; (11)any power that applies tooraffects the standards of professional or occupational competence established pursuant to Title 37 as prerequisites to the carrying on of a profession or occupation; (12)except usprovided in7-3'1105,7-3'1222,7-21-3214'or7'31'41lO.any power that applies tooraffects Title 7S,chapter 7,part l,orTitle 87; (13) any power that applies to or affects landlords, asdefined in7O-J4'1Q3,when that power isintended to license landlords or to regulate their activities with regard to tenants beyond what is provided in Title 70, chapters 24 and 25. This subsection isnot intended to restrict local government's ability Uz require landlords tocomply with ordinances or provisions that are applicable to all other businesses or residences within the local government's jurisdiction. (14)subject to7']2-43O4,any power toenact ordinances prohibiting or penalizing vagrancy; (15)subject to 80-10-110, any power to regulate the registrabon, packaging, labeling, sale, storage, distribution, use, orapplication of commercial fertilizers or soil amendments, except that alocal government may enter into a cooperative agreement with the department of agriculture concerning the use and application of commercial fertilizers or soil amendments. This subsection is not intended to prevent or restrict a local government from adopting or implementing zoning regulations or fire codes governing the physical location or siting of fertilizer manufacturing, storage, and sales facilities. 2 (1)the power toauthohzeataxonincomeorthesalemfgoodsorservices,emept that, subject to 15-10-420, this section may not be construed to limit the authority of a local government to levy any other tax or establish the rate of any other tax; (2) the power tnregulate private activity beyond its geographic limits; (3) the power to impose a duty on another unit of local government, except that nothing in this limitation affects the right ofeself-government unit toenter into and enforce anagreement oninterlocal cooperation; <4\ the power to exercise any judicial function, except as an incident to the exercise of an independent self- government administrative power; elf-governmentadnnin/strativepuwer; (5) the power tnnegulateanyformofgambling, lotteries, orgift enterprises. History: En. */A-r-2ozmvSec. 1,Ch. m�L.mr5;n/cK 1947,47A-7-202;amu. Sec. 3,Ch. su«L.zyoy Attorney General Opinions: City Authority &mEnact Photo -Radar Ordinance: Nostate agency iagiven exclusive power toestablish administrative rules governing speed of traffic in cities and towns, nor is the enforcement of speed regulations exclusively vested in a state agency. Therefore, the city of Billings, under its self-government charter, isnot precluded by statute from enacting a photo -radar ordinance providing either for accountability on the part of the registered owner for illegal speeding by any person operating the vehicle with the owner's permission or for a permissive inference that the registered owner was the speeding violator, 4SA.G.Op. 7(1993). 7'1'213. Consistency with state regulation required. (1) Alocal government with self-government powers is prohibited the exercise of anyin a manner inconsistent with state law oradministrative regulation in any area affirmatively subjected by law to state regulation or control. (2) The exercise ofapower isinconsistent with state law o/regulation (])Anarea is affirmatively subjected to state control if a state agency or officer is directed to establish administrative rules governing the matter or if enforcement of standards or requirements established by statute is vested inastate officer oragency. History: En. wx'r-2oauvSec. 1'Ch. **s.L. 1975;n.c.w.19*7'*7A'7-203. Attorney General Opinions: Municipal AuthxoritytofetN/oterondSewerServiceRotes— Applicability ofHuman Rights Act toSetting of Water and Sewer Rates: A provision in 7-13-4304 provides that the rates for municipal water and sewer charges may befixed inadvance and must be uniform for like services in all parts of the municipality. The city of Bozeman sought to provide discounts or preferential rates to senior citizens on water and wastewater charges. The question was whether the senior rates violated the statutory requirement for uniform or equitable rates. The Attorney General held that because water and sewer ratemaking is not an area affirmatively subject to state control, a local government with self- government powers may set rates for those services without regard to the requirements of 7-13-4304. However, e|f-governnnentpom/ennnaysetratesforthosesen/icenwithoutregardtntheneqoirementsof7-IS'43O4.However, the Attorney General noted that age discrimination does violate Title 49, ch. 2, commonly known as the Montana Human Rights Act, that Bozeman is subject to the Act despite its status as a self-governing municipality, and that discrimination in government services isaffirmatively subject to state contro|. Without deciding vvheiherBozeman's proposed ordinance would meet the standard of strict construction of reasonable grounds based on age, the Attorney General nevertheless concluded that 49-2-308 of the Act did apply to the Bozeman ordinance setting senior rates for municipal water and sewer services. 5OA.G.Op. 1O(ZOO4). 7-1-114, Mandatory provisions. (1) A local government with self-government powers is subject to the following provisions: (a) all state laws providing for the incorporation or disincorporation of cities and towns, for the annexation, disannexation, or exclusion of territory from a city or town, for the creation, abandonment, or boundary alteration of counties, and for city -county consolidation; U (b)prohibits orrestricts auxiliary containers; or /c\imposes afee, charge, ortax 0nauxiliary containers. (3) The prohibitions in subsection (2) may not be construed to prohibit, restrict, or apply to any of the following: (a)acurbside recycling program; (b)adesignated residential orcommercial recycling location; (c)acommercial recycling program; (d)anordinance that prohibits littering; or (e) the use of auxiliary containers on property owned by a local unit of government, (5} As used in this section, unless the context requires otherwise, the following definitions app (a) means a bag, cup, bottle, can, device, eating or drinking utensil or tool, or other ig, whether reusable or single use, that is: (i) made of cloth, paper, plastic, including foamed or expanded Plastic, cardboard, corrueated material. multilayer substrates; and (ii)designed for transporting, consuming, orprotecting merchandise, food, orabeverage toorfrom, orat, a food sen/ice, manufacturing, distribution orprocessing facility, urretail facility, (b)"Local unit ofgovernment" means any county, municipality, school district, special district orother political subdivision of the state, including any agency or governing body of a local unit of government as defined by 7-4-502, or a similar unit nfgovernment ofanother state ornation. History: En. Sec. /^Ch. 220, L. 2021. rol city. Section 2.02 Qualifications for Office Even? resident of the City of Choteau who is 18 years of age or older. a citizen of Montana and a qualified elector pursuant to Article IV, Section 2 of the Montana Constitution is eligible to hold the office of council member. The City of Chateau shall have a city council of four (4) members. Section 2.04 Term of Office Members of the city council shall be elected for fotr (4) year, overlapping terms of office. Section 2.05 Election 1. Local government elections shall be conducted on a nonpartisan basis. 2. The city shall be divided into two (2) electoral districts with two council members elected from each district. One (1) council member from each ward shall be elected every two (2) years. Section 2.06 President of the Council The council shall have a president who shall be elected by the members of the council from amon,g, their own number for a term established by resolution. The president of the council shalt preside at council meetings when the mayor is absent, and shall vote as other members of the council. Section 2.07 Vacancy in Office The office of council member becomes vacant as prescribed by law, Section 2.08 Removal from Office A council member inky be removed from office by a finding, adopted by the affirmative vote of three (3) council members, that the office has become vacant as prescribed by law, or by recall by the electors of Choteau, as prescribed by law. Section 2.09 Filling Vacancy on Council I . When a vacancy occurs in the office of council member, the position shalt be considered open and subject to nomination and election at the next general municipal election, except the term of office shall be limited to the unexpired term of the person who originally created the vacancy. Every resident of the City of Choteau who is 18 years of age or older, a citizen of Montana and a qualified elector pursuant to Article IV.. Section 2 of the Montana Constitution is eligible to hold the office of mayor. Section 3.03 Term of Office The mayor shall be elected for a four (4) year term of office. Section 3.04 Election The mayor shall be nominated and elected at -large on a nonpartisan basis. Section 3.05 Vacancy in Office The office of mayor becomes vacant as prescribed by law. Section 3.06 Removal from Office The mayor may be removed from office by a finding, adopted by the affirmative vote of three (3) council members that the office has become vacant as prescribed by law, or by recall by the electors of the City of Choteau, as prescribed by law. Section 3.07 Filling Vacancy in the Office of Mayor When a vacancy occurs in the office of mayor the position shall be considered open and subject to nomination and election at the next general municipal election, except the term of office shall be limited to the unexpired term of the person originally creating the vacancy. Pending such Z� election and qualification the council shall appoint, by the affirmative vote of three (3) council members, a person possessing the qualifications for office required by law and this Charter within 30 days of the vacancy to hold the office until the successor is elected and qualified. Section 3.08 Powers and Duties The mayor shall: I. enforce laws, Charter, ordinances, and resolutions; 2. perform the duties required by law, Charter, ordinance or resolution; 3. administer the affairs of the city government; 4. carry out policies established by the council; 5. recommend measures to the council, 6. report to the council on the affairs and financial condition of the city government, 7. execute bonds, notes, contracts, and written obligations of the council, subject to the approval of the council; ordinance. Nothing in this charter shall be construed as preventing the city council from employing in special cases on a contract basis additional or other counsel. Section 4.01 City Court There shall be a city court as provided by law, ARTICLE V DEPARTMENT STRUCTURE Section 5.01 Organization of Departments The organization of city departments shall be prescribed by ordinance or resolution. ARTICLE VI GENER4,L PWVISI*)L� Section 6.01 Amendment of Charter This Charter may be amended only as prescribed by law. Section 6.02 Effective Date This Charter shall become effective on January 1, 2006. Section 6.03 Oath of Office Before entering upon the duties of of ice, all elected cit -y' officials shall take and subscribe to the oath of office as prescribed in Article 111, Section 3 of the Constitution of Montana. Section 6.04 Severability If any provision of this Charter is held invalid, the other provisions of this Charter shall not be affected thereby. If the application of the Charter, or any part of its provisions, to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. ARTICLE VII TRANSITION PROVISIONS Section 7.01 General Transition Transition to this charter form of government shall be as prescribed by law. The Study *Check with the local election administratorfor accurate estimated cost This sample 2024-2026 Montana Local Government Review budget is for educational purposes only. Each jurisdiction should estimate costs based on local needs and develop a budget that reflects the expectations of the Local Government Review in that municipality or county. MONTANA STATE UNIVERSITY EXTENSION Local Government Center Small Community Population —1,000 Medium Community Population — 10,000 Large Community Population — 30,000+ Training $3,000 $4,000 $5,000 Consulting $1,000 $3,000 $5,000 Resource Materials $500 $1,000 $3,000 Survey $500 $2,000 $5,000 Community Engagement $1,500 $3,000 $5,000 Advertising/Notices $500 $2,000 $3,000 Election Expenses* $3,000 $8,000 $15,000 Publication (reports, summary, etc.) Miscellaneous $500 1 $1,000 $3,000 *Check with the local election administratorfor accurate estimated cost This sample 2024-2026 Montana Local Government Review budget is for educational purposes only. Each jurisdiction should estimate costs based on local needs and develop a budget that reflects the expectations of the Local Government Review in that municipality or county. MONTANA STATE UNIVERSITY EXTENSION Local Government Center