HomeMy WebLinkAboutLocal Government CenterJune30, 2004
~Loc?l Government Center
MSU Bozemon
Box 172240
~elephone(406) 994-6694
(406) 994-1905
~-mil janejelinski~ montana.edu
~eb ~w. montono.edu/wwwl~c/
Dear Mayor or City Manager,
At the June 8 primary election a majority of your voters decided to review your unit of local
government. We have been asked by a number of municipal governments "What happens next?" In
response, what follows is a brief summary of what will (should) happen to implement Local
Goverrament Review ill your community.
· Nonpartisan study commissioners will be elected at the November 2, 2004 general election.
· People who are interested in serving on your Voter Review study commission must file to run
for that unpaid position not later than 75 days (August 19) before the election.
· If your city/tom council has already defined by resolution the number of unpaid study
commissioners to be elected, and if enough people~do not file for office, the council must then
appoint people to fill any vacant positions soon after the November 2 election. Elected officials
currently serving in your govermnentmay not serve as a study commissioner. If you did not
set the number of study commission positions by resolution, the law establishes three (3) as the
minimum number.
· You may wish to think of people who would do a good job on your study commission and
encourage them to run or, if necessary, to accept your appointment.
· In addition to the elected or appointed study commissioners, every city/town study
commission must also include an ex officio, non-voting member appointed by the city/town
council. The ex officio member may (and probably should) be one of your elected or appointed
municipal officials who can serve as a communication link between your government and the
study commission and also serve as a knowledgeable resource person to help educate the study
commissioners about your government.
· The law regarding Local Government Review is found at 7-3 - 171 through 7-3 - 193, M.C.A.,
which enables the city/tom council to appropriate an amount of money necessary to fund the
study. Whether or not your voters approved a separate mill levy to support the review process,
you may wish to consider this appropriation in your 2004-05 annual budget. Recall that any
appropriated monies not spent by the study commission revert to your general fund balance at
the end of the Local Government Review process.
The Local Government Center will conduct an intensive 2 day workshop for study
commissioners here on the MSU campus in Bozeman on December 16-17, 2004. In the meantime,
please feel flee to contact us with any question you may have.
Sincerely,~ ~
Table 2-2
RESPONSIBILITIES OF THE LOCAL GOVERNMENTS UNDER REVIEW
D~OLn~EI ACTION STATUTE I COMMENTS
August 9, 2004 (Second Appmprlate an amount 7-3-184(2)(a) and
Monday in August) necessary to fund the study 7-6-4024(3)
Local government shall provide 7-3-184(2)(b) In-kind services may be used to partially
office and meeting space and fulfill appropriation requirement.
clerical assistance.
Local governmant may 7-3-184(2)(c) Discretion given to governing body.
appropriate additional funds.
All money received by study 7-3-184(4) Study commission may receive funds from
commission must ba deposited other sources. Unexpended funds must be
with the local government, carried over to the study commission's
appropriation in the next fiscal year.
After November 2, 2004 If there is a tie vote for study 7-3-176(4) Decide by lot.
corranission eandidatas, the
governing body breaks thc tie.
November 12, 2004 Ex-officio member must be 7-3-177(2) The ex-officio, non-voting member must
appointed by the governing be a member of the governing body or an
body before the organization of employee of the local government.
the study commission.
November I2, 2004 or 10 Chairman of the governing 7-3-179(0
days after all members of body sets the time for the first
the study commission are meeting of the study
elected or appointed, commission.
November 20, 2004 Election administrator reports 7-3-174(2)
eIestion results to the Secretary
of State.
November 22, 2004 If too few study enmmiasioners 7-3-176(5) No elected official of the local govemmant
are alected, the chatrman of the under review may be appointed as a study
-- governing body with the corran~ssioner.
confirmation of the governing
body, shall appoint the number
of study commissioners
needed.
Within 30 days of a Local governing body appoints 7-3-178(2) See 7-4-411 for detemfming a vacancy on
vacancy occurring on the a new study commissioner the study commission.
study commission whenever a vacancy occurs.
Within one year fi'om date Supplementary reports may 7-3-190 and 41 Local governing bodies are expected to
of submittal of a recommend consolidation of A.G. Op. 80 respond to any suggestions made by a
supplercentary report services and functions and (1986). study commission in a supplementary
indicate areas for interienal report.
agreements.