HomeMy WebLinkAboutResolution No. R24-05RESOLUTION Oi ON THE
QUESTION OF f i`
EST4,.BLISHING A STUDY COMMISSION.
WHEREAS, Section 9, Article XI of the Constitution of the State of Montana requires
that each unit of local government shall conduct an election once every ten years to determine
whether the local government will undertake a local government review procedure; and
WHEREAS, 7-3-173(2) M.C.A. requires that the governing body shall call for an
election, to be held on the primary election date, on the question of conducting a local
government review and establishing a study commission; and
WHEREAS, 7-3-184 M.C.A. provides for the support of the study commission, for each
fiscal year that the study commission is in existence, and the City shall appropriate Thirty -One
Thousand Dollars and No Cents ($31,000) to fund the study, and the local government may
levy mills in excess of all other mill levies authorized by law to fund the appropriation for the
support of the study commission. Upon termination of the study commission, unexpended
money reverts to the general fiend of the City of Laurel.
WHEREAS, the Laurel City Council is the governing body of the City of Laurel and
therefore must call for the election required by Section 9, Article XI of the Montana
Constitution and 7-3-173 M.C.A. on the question of conducting a local government review and
establishing a study commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LAUREL, MONTANA:
1. The City Council of Laurel hereby calls for an election on the question of conducting
a local government review and electing a study commission to be held at the primary
election on June 4, 2024.
2. If the voters decide in favor of conducting a local government review, a study
commission comprised of three (3) members shall be elected at the general election of
November 5, 2024.
3. Pursuant to 7-3-175, M.C.A. the question of conducting a local government review
shall be submitted to the electors in substantially the following form:
Vote.for one.-
[
ne:
[ ] FOR the review of the government of the City of Laurel and the establishment and
funding, not to exceed Thirty -One Thousand Dollars and No Cents ($31,000), of a local
R24-05 Election on Local Governmental Review
government study commission consisting of three (3) members to examine the
government of the City of Laurel and submit recommendations on the government.
[ ] AGAINST the review of the government of the City of Laurel and the establishment
and funding, not to exceed Thirty -One Thousand Dollars and No Cents ($31,000), of a
local government study commission consisting of three (3) members to examine the
government of the City of Laurel and submit recommendations on the government.
Introduced at a regular meeting of the City Council on the 23rd day of January, 2024 by
Council Member Mize.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
23r`I day of January, 2024.
APPROVED by the Mayor on the 23rd day of January, 2024.
ATTEST:
4ySer, Clerk -Treasurer
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
R24-05 Election on Local Governmental Review
CITY OF LAUREL
Dave Waggoner, Mayor
CITY HALL
1ty of Laurel
l 13 "t T stst.
PUB WORKS: 628-4796
P11T) FAX: 62s 2241
P.O. Box 10
Laurel. Mcxitmia 59044
WATER OFFICE: 628-7432
U*TR FAX 623-2239
MAYOR: 628-8.456
City Attorney's Office
DEPART tE\T
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.
Flow do we determine the budget for the Study and Commission requirements?
It is up to City Council to determine 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). Qi!y
Staff recommends a budget consistent with the mid -tier City size less than 10k in
population).
Number of Study Commissioners: This is addressed in 7-3-177(l), 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
51
Michele L. Braukmann, J.D.
CITY OF LAUREL
Civil City Attorney
civilattomeya,laurel.mt. gov
-5-
^ ^
Montana Secretary of State Christi Jacobsen
Elections and Government Services
2024 Local Government Review Information
What Is the Local Government Review election?
A. Established as part of the 1972 Constitution, the Local Government Review election iSb]be
held byeach city and county government every 1Oyears, |fyour city 0rcounty government has
held aLocal Government Review election any time after the 2Ol4general election until now,
you should consult with your county attorney regarding your responsibility.
Q. �
A. The applicable laws, 7-3-171 through 7-3-193, MCA, are found at
�
Q.
A. No, local governments have been defined hJinclude both city and county governments.
Q. Isit a requirement that the governing body call for a local government review?
A. Yes. Asrequired under MCA, "The governing body shall call for anelection, tube
held onthe primary election date, onthe question ofconducting alocal government review
and establishing astudy commission ..... "Agoverning body shall call for anelection onLocal
Government Review by March 11, 2024.
a ^Who pays the cost of putting the local government review question on the ballot?
According to &4[A, 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.
a What exactly will voters be asked to decidealtthe June 4,PrImary?
A. The ballot language is to be substantially as follows, under Section 7-3-175 MCA:
[I 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
Updated June 8,2OZ
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(2)
whether or not they want to conduct
local government review
No later than June 18,
Results canvassed and returned as
7-3-174(l)
2024
provided in Title 13; beginning of
study commission candidate filing
(assuming vote is in favor of study
commission)
July 3, 2024
Deadline for local government
7-3-174(2)
review results to be delivered to the
Secretary of State (within 15 days of
I
the date that the results become
official)
August 12, 2024
Last day for local government review
7-3-176(2)
commission candidates to file
declaration of nomination by 5:00
p.m. (assuming vote is in favor of
study commission)
**No filing fee
"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)
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 June 8, 2023
February/March 2024
Adopt resolution toplace onthe ballot the question Vfestablishing astudy commission that
includes number ofcommissioners and amount offunding not toexceed $X,XXX (MCA 7-3-173
&7-3'175).
June 2024
Local Government Review election on the question of establishing a study commission (MCA 7-
14-173). Ballot measure passes with amajority ofthose voting onthe question.
Ju 202
Citizens file with county election administrator to be a study commission candidates (MCA
7'3'174). 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 7-3-174&7-]'17G\.
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-]'177\.
November/December 2024
Within 10 days after taking office the Study Commission meets to organize. Date set by the
presiding officer (mayor/manager or chair of board of county commission), swear in, elect
temporary presiding officer until a permanent presiding officer is selected. Discuss when,
where, how to meet, develop budget, decide whether to cooperate with another jurisdiction
and consider consolidation orcollaboration mfservices (MCA 7-3-179&7-8-18O).
December 2024
MSU Local Government Center hosts study commissioner training.
December 2024bmNovember 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
toappropriate agencies and publishes findings (MCA 7-3-1Q7thnoughl91\.
_ M
MONTANA
STATE UNVVERSITY
ExrcNxmm
,IpdatedSeptember2021
Passed and adopted by the City/Town Council of the City/Town of
Montana meeting at regular session held on the ---day of 2024,
. Mayor
ATTEST:
, City/Town Clerk
N"OTE.- For an ahernativefin-mat see the model resolution at Attachment 2. 1, Section 2.303, p. 44,
iWontana.1111micipal Qfficials Hantihook.
Passed and adopted by the County Commissioners of the County of.__
Montana ineetino at regular session held on the day of .2024.
Presiding Officer
Commissioner
Commissioner
ATTEST:
Clerk and Recorder
APPROVED AS TO FORM:
County Attorney
1
City or Town
,Anaconda
Greer -Lodge
Class
2nd
(Consolidated
Cr , u )
Population
2019
9,131
Type of
Govt
Self
Yearof
Incorporation
1888
Year Adopted
Self -Government
Powers
1976
Plan of
Government
Coram -Ex
Charter
Yes"
2
Belgrade
3rd
8,993
Self
1906
1987
Comm -Mgr
Yes
3
Billings
1st
109,55#1
Self
1985
1.976
Comm -Mgr
Yes
4
Bozeman
1st
48,532
Self
1883
2000
Comm -Mgr
Yes
S
Bridger
Town
7.54
Self
1907
1976
Comm -Ex
Yes
6
Broadview
Town
188
Self
1929
1976
Comm -PO
No
7
Butte Sliver-
Bow
1st
{Consolidates
City-Countyl
34,284
Self
1874
1976
Comm -Ex
Yes
8
Choteau
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
Cclstrip
3rd
2,266
Self
2998
1998
Coram -Ex
Yes
12
Conrad
3rd
2,500
Self
1909
2006
Comm -Ex
Yes
13
Cyst 8anl£
3rd
3,622
Self
1911
2006
Comm -Ex
Yes
14
Darby
Town
792
Self
1916
1996
Comm -Ex
Yes
15
Dillon
3rd
4,261
Self
1885
1996
Comm -Ex
Yes
16
Ennis
Town
997
Self
1956
1976
Comm -Ex
Yes
7,7
18
Forsyth
3rd
1,823
Self
1905
1996
Comm -Ex
Yes
19
Fort Benton
3rd
1,443
Self
1.883
1996
Comm -Ex
No
20
Fort Peck
Town
240
Self
1986
1986
Comm -Ex
No
21
Fromberg
Town
462
Self
1902
1976
Comm -fit
No
22
Glasgow
3rd
3,328
Self
1902
1976
Comm -Ex
No
23
Great Falls
1st
$8,701
Self
1888
1986
Comas -Mgr
Yes
24
Havre
1st
9,715
Self
1893
2020
Comm -Ex
Yes
25
Melena
351
32,315
Self
1867
1976
Comm -Mgr
Yes
26
Hingham
Town
118
Self
1918
1976
Comm -Ex
No
27
laurel
3rd
6,766
Self
1908
2007
Comm -Ex
Yes
28
Lewistown
2nd
5,818
Self
1901
1996
Comm -Mgr
Yes
29
Ubby
3rd
2,737
Self
1909
L989
Com Fat
yes
30
Lima
Town
227
Self
1917
2006
Comm -Ex
Yes
31
Manhattan
Town
1,822
tel#
1913
2006
Ccxtn»m x
e
32
Missoula
1st
74,428
Self
1883
1996
Comm -Ex
Yes
33
Nethart
Town49
Self,
3893
197
nuts x� ��
No
34
Pinesdale
Town
985
Self
1986
1996
Town Mtg
Yes
35
Poison
3rd.
SjO18
t5+�lfi
191#3'
2�
or rrt l�il r
Yes
36
Red Lodge
3rd
2,294
Self
1892
1986
Comm -Ex
Yes
37
Saco
Town
193
Self, :
1$18;
2006 J
Comm-l~x
Yes
38
Sunburst
Town
341
Self
1923
1976
Comm -Ex
Yes
MSU Extension Local Government Center Updoted September 2021
TITLE 7. LOCAL GOVERNMENT
CHAPTER 3. ALTERNATIVE FORMS OF LOCAL GOVERNMENT
I III i� iii I I I �� I I i I I I ri I I :� I r I rqppp�q�
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
C01incil-mayor form of government, which does not adopt a new form, shall be governed
after May 2. 1977, by the following sections:
(a)
(b)
�-202(1);
(c) 7-3-203,
(d) 7-�
-202).
(e) ' '-213(3):
(f) _7�-3-214(2)-,
(g) 7-3-215(2);
(h) 7_,-_3-21 6(2);
(j) 7- 3-21(2);
(k) 7-3-219(l):
(1) 7-33-2,20( 1);
(,in) 1(3);
(n) 7-3-222(2);
(o) 77-3-223(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
LI
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)
11 � 111, llillillillillil11111,1111111��iliI p III
IN � I I I
7-3-105. Plan of government. The approved plan filed with the secretary of state pursuant to
subsection (3)(a) of section 14.1 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 government. (1) For the purpose of
determining the statutory basis of existing units of local government after May 2, 1977, each unit
of local government organized under the general statutes authorizing the elected county official
farm of9 ovemment shall be governed by the following sections:
(a) 7-'-401.
(b).7-3-402:
(c) 7-3-41'(3);
(d) Z-2-413,( I
(e) 1---')-4L4( I
(f) Z-3-415(2):
(g) 7T:3 --4-1-Y2):
L-'�tj 7111
(i)%3-418;
0) 7-3-432(l
(k) 7-3-433(1 };
(1) 7-3-434(1),
(in) 7.1:3-435(1):
(n) -Z- L3- (1):
(o) 7-3-437(1);
3 7(l
(p) 7-3-4-38(1);
(q) !:::3-439(l),
(r) 2 --3 -440(1);
(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 from
each of the choices listed in 7-3-432 throueh 7-1411. 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 niav 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.
7-3-434. 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,
(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 fibrin 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. 175(197Q).
Self -Government Powers: Section 7-4-2503 does not apply to self-government units since it may be superseded
by ordinance or resolution of the Commission and is not prohibited by 7-1-114(l)(g). 37A.G.Op. GD(1977).
7-1-106. Construction of self-government powers. The powers and authority of a local government unit with
self-government powers shall be liberally construed. Every reasonable doubt as to the existence of a local Rovernmen
History: En. *nA-7-1mauvSec, 1,Ch. ms L. 1975nzm�x947.^rA-ra06.
7-1-111. Powers denied. A local government unit with self-government powersis prohibited from exercising the
following:
(1)any power that applies Uzoraffects any private or civil relationship, except axanincident tothe exercise of
onindependent self-government power;
(2) any power that applies to or affects the provisions of 7-33-4128 or Title 39, except that subject to those
provisions, itmay exercise any power ofapublic emplo with regardtoits employees;
(3)any power that applies tooraffects 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 itisrequired bylaw toexercise regarding the public schoolsystem;
nypovverthatprohibitsthegrantordenia!ofe certificate of compliance or a certificate 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, orcontract;
(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 $500,6months' imprisonment, o,
both, except asspecifically authorized bystatute;
(9)any power that applies tonraffects the
(1O)any power that applies tooraffects a asestablished bystate
law, except that alocal government may establish additional pension or retirement
(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 asprovided |n7-3'11O5,7-3'1222,7'21'3214'or7'31-4110,any power that applies tooraffects Title
7S,chapter 7,part 1,orTitle 87;
(13)any power that applies to or affects landlords, asdefined in7D'34'1U3'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 is not intended to restrict a local government's ability to require landlords to comply with
ordinances or provisions that are applicable to all other businesses or residences within the local government's
jurisdiction.
(14) subject to7-]2-43[4,any power toenact ordinances prohibiting or penalizing vagrancy;
(15) subject to 80-10-110, any power to regulate th ist,adon, packaging, labeling, sale, storage, distribution,
use, orapplication of commercial fertilizers or soil arneindmerits, 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 toauthorize atax onincome orthe sale ofgoods orservices, except 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 toregulate 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 ofaself-government unit tnenter into and enforce anagreement oninterlocal cooperation;
(4) the power toexercise any judicial function, except asanincident tothe exercise ofanindependent self-
government administrativepower;
(5) the power toregulate any form �gambling, lotteries, or gift enterprises.
History- En. ���Sec. 1,Ch. 34S, L. 197S;u�1947,47A-7-202; amd.Sec. �Ch. ��1999.
Attorney General Opinions:
City Authority toEnact Photo -Radar Ordinance: Wostate agency iugiven 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, is not 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. 4GA.G.Op. 7(19Q3).
7-1-113. Consistency with state regulation required. (1) A local government with self-government powers is
prohibited the exercise ofany power in a manner inconsistent with state law oradministrative regulation in any area
affirmatively subjected by law to state regulation or control.
(2) The exercise of a power is inconsistent with state law or regulation if it establishes standards or
(3) An area is affirmatively subjected to state control if a state agency or officer is directed to establish
administrative rules governing the matter orifenforcement of standards orrequirements established bystatute is
vested in a state officer oragency.
History: En. 4,x'7-zsouvSec. z.Ch. aws.Lzyrs;x.cm. 1947, 47A-7-203.
Attorney General Opinions:
Municipal Authority to Set Water and Sewer ServiceRmtes—Applicoility of Human Rights Act to Setting of
Water and Sewer Rates: A provision in 7-13-4304 provides that the rates for municipal water and sewer charges may
be fixed in advance 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 isnot anarea affirmatively subject tostate control, alocal government with self-
government powersmaysetratesforthosesen/icesm/ithoutre8ardtothenequimemnentsof7-13-43O4.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 is affirmatively subject to state control. Without deciding whether Bozeman'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(2OO4).
7-1-114. Mandatory provisions. (1)Alocal government with self-government powers is subject to thefollowirtg
(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;
4
(b)prohibits orrestricts auxiliary containers; or
(dimposes afee, charge, urtax onauxiliary 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)odesignated 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, thefo||ow/inn definit|onsaoo{v:
(ii) designed for transporting, consuming, or protecting merchandise, food, or a beverage to or from, or at, a
food service, manufacturing, distribution orprocessing facility, orretail facility.
(b) "Local unit of government" means any county, municipality, school district, special district or other 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 uf government ofanother state ornation.
MO
city.
Section 2.02 Qualifications for Office
Every resident of the City of Chateau 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.
Section 2.03 Composition
The City of Choteau shall. have a city council of four (4) members.
Section 2.04 Term of Office
Members of the city council shall be elected for four (4) year, overlapping terms of office.
Section 2.05 Election
I - Local government elections shall be conducted on a nonpartisan basis.
2. The city shall be divided into two (41) electoral districts with two council members elected
from each district. One (1) council member 1,+om 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
among, their own number for a term established by resolution. The president of the council shall
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 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 Choteau, as prescribed by law.
Section 2.09 Filling Vacancy on Council
1. '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'Nfontana 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
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 terns of office shall
be limited to the unexpired tenn, of the person originally creating the vacancy. Pending such
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:
1. 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.
ARTICLE IV
JUDICIAL BRA -NCR
Section 4.01 City Court
There shall be a ci-ty court as provided by law.
Section 5.01 Organization of Departments
The organization of city departments shall be prescribed by ordinance or resolution.
ARTICLE VI
GENERAL PROVISIONS
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 office, all elected city 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
y r i
1Y.
*Check with the local election administrator for 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.
9K AM
MONTANA
STATE UNIVERSITY
EXTENSION
Local Government Center
Updated September 2023
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
Support Staff
$6,000 ($20/hr x 300 hrs)
$6,000 ($20/hr x 300 hrs)
$10,000 ($20/hr x 500 hrs)
Election Expenses*
$3,000
$8,000
$15,000
Publication
(reports, summary, etc.)
$500
$1,000
$3,000
Miscellaneous 1
$500 1
$1,000 1
$3,000
*Check with the local election administrator for 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.
9K AM
MONTANA
STATE UNIVERSITY
EXTENSION
Local Government Center
Updated September 2023