HomeMy WebLinkAboutCouncil Workshop Minutes 10.06.2020MINUTES
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, OCTOBER 06, 2020
A Council Workshop was held in Council Chambers and called to order by Council President
Eaton at 6:29 p.m. on October 6, 2020.
COUNCIL MEMBERS PRESENT:
_x_ Emelie Eaton _x_ Heidi Sparks
Bruce McGee x Richard Herr
x Scot Stokes x Iry Wilke
x Richard Klose x Don Nelson
OTHERS PRESENT:
Bethany Langve, Clerk/Treasurer
Kurt Markegard, Public Works Director
Nick Altonaga, Planning Director
Brent Peters, Fire Chief
Matt Smith, KLJ
Public Input:
There was none.
General Items
1. Appointment of Clint Willis and Levi Dostal to the Laurel Volunteer Fire Department
Brent Peters, Fire Chief, introduced Mr. Dostal to the Council. Mr. Willis was unable to
attend tonight's meeting. The Fire Association voted unanimously on both of these
gentlemen. This will bring the total to 36 members.
Executive Review
2. Resolution - Riverside Park Campground Rules
Kurt Markegard, Public Works Director, presented the attached Riverside Park
Campground Rules.
It was noted that on the "The maximum limits for a single occupancy campsite shall be
S people, one camping unit, and two additional tents, unless otherwise authorized (by
who)." Rule the who had not been established. It was questioned if that would be
decided before next week's meeting. The Public Works Director stated he felt having
Public Works Director or their Designee would be appropriate.
It was questioned how much it would cost per night to rent a spot. It was clarified that it
would $15 for a campsite and $12 for a tent site. It was questioned how they would pay
the nightly fee. It was clarified that there is a collection box. The Clerk/Treasurers
office would collect the money. Each space is clearly labeled. There will be envelopes
for people to put their payments in. They are looking into a reservation system with
online payments. Will look into these options this winter. It will be an "on your honor"
system.
3. Resolution - MSA Amendment with KLJ
This resolution is an extension of the Master Service Agreement with KLJ. This
amendment extends the three-year contract that was set to expire in December of this
year. With ongoing projects and future projects coming up, Staff felt it was in the City's
best interest to extend the contract. This amendment is a five-year extension and is set
to expire in 2025.
4. Resoltuion - CBDG Grant
A few weeks ago, KLJ brought forward information regarding applying for a CDBG
grant. The Public Works Director worked with KLJ in brainstorming various projects to
apply for these funds. The project that fits the best is a Capital Improvements Projects
program. The grant could be awarded up to $50k with a $16k match from the City. The
Capital Improvements Projects Program would look at all City infrastructure, Fire,
Police, Ambulance, Water, Sewer, Solid Waste. And prioritize where funds and spent
and when those funds are needed. This plan can be used to apply for grants and is one
of the first things those grants are looking for. This grant is one of the better grants
available.
5. Resolution - Dyer Boulevard Request
Nick Altonaga, Planning Director, gave a brief overview of the attached memo.
Council Issues
6. Christmas To Remember Discussion
Jean Carol Thompson, 606 6t" Avenue, briefly reviewed the attached plan with Council
for this year's Christmas To Remember celebration.
There is nothing additional the Council needs to approve. The Mayor approves Special
Event Permits.
7. Update on Public Works Projects
Kurt Markegard, Public Works Director, gave a brief overview of all ongoing public
works projects; see attached.
It was questioned if there are any openings on the Public Works Committee. It was
clarified there is one vacancy.
The Public Works Director noted that recently two employees have retired and thanked
them for their service.
8. Regal Subdivision Discussion
Multiple Council Members have received complaints regarding the Regal Subdivision.
Complaints range from landscaping to storage of items on the property.
Nick Altonaga, Planning Director, stated that the Regal Subdivision is located off E. 8th
Street. Both Code Enforcement and Planning have been in touch with the developer of
this subdivision. He was able to find the Weed Management Plan, which requires the
landscaping to be kept in grass and trees. This plan has not been followed. There are
also issues with the Subdivision Improvements Agreement that also mentions
landscaping is unrecordable. The owner has been in touch with the Planner and Code
Enforcement Officer. The owner is making plans to cut back the weeds, resod, and plant
trees this spring.
There is an illegal access where someone has a carport that is not allowed. The
conditions of the trailers have been subpar. The internal roadways are private. She
cannot legally enter, and therefore she is not able to cite the central properties.
It was questioned if the City has any legal recourse if a satisfactory solution is not
achieved. It was clarified that they could be cited for not following the weed
management plant.
The Planning Director stated that the ordinance needs to be updated. Years ago, the fees
section was reserved. The section for fines and penalties is nonexistent. The Code
Enforcement Officer has been working on updating the nuisance code. However, it
dovetailed into other chapters and then was set aside for the noise ordinance. She is
working to get that put together to send to Council.
It was questioned when someone is cited how long they have to fix the issue. There is a
1St notice, then a 2nd notice, then a fine or penalty would be sent out. The Planning
Director thought the timeframe for each notice was 30 days.
It was questioned if the developer may not finish the subdivision. The Planning Director
thought that the developer would finish the development.
9. Conflict of Interest Discussion
Council President Eaton briefly reviewed the attached handout. Conflicts of interest are
not to be taken lightly, especially when in recent years Council/Mayor/Staff have been
accused. Any conflict of interest or perceived conflict of interest needs to be stated in
advance and removed from the discussion. This applies to at the committee level and at
the Council level. There are fines; this is serious. She has held back on having her
husband come and present things because she was the committee chair. There have been
people interested in serving on a committee and have not been filled because there
might have been a conflict of interest.
10. Fire Department CIP Discussion
Council President Eaton stated this item comes from the Budget/Finance Committee
and felt this information needed to be presented to Council.
Bethany Langve, Clerk/Treasurer, stated that there had been questions on when the Fire
Department CIP started. Resolution No. 07-53 set up the Fire Department's CIP and was
passed in July of 2007. This was before the 07-08 budget was passed. It stated that 15%
of all Fire District contract revenues be set aside for CIP and will continue until either
that resolution is rescinded or changed by Council. When there is a significant change
such as this, it is put in the budget message. It explains how and why that change was
made and can help future Clerk/Treasurers understand what happened. Every year after
15% of the Fire District contracts are put into the Fire Department's CIP.
Other Items
® Budget Correction
Bethany Langve, Clerk/Treasurer, stated that every year the City has to submit its budget
to the State by October 1St. This year they found an error; see the attached table. There
was no formula in the cell, and there was an error. This resolution is to fix this error. It is
not an audit finding, and there are no other budgetary changes. It will be voted on next
week.
• CARES Act Submission
Bethany Langve, Clerk/Treasurer, stated Council might have noticed that Billings is
getting a CARES Act reimbursement. The Clerk/Treasurer and Council Secretary spent a
lot of time preparing a submission for the City. City Staff submitted a 600 -page
document totaling $943,346 in CARES Act funds.
The Clerk/Treasurer was on the fence on some of the wages they stated the City could
submit. Her suggestion was to set the wages reimbursement aside until after it is audited.
The Treasury stated the City could submit all wages for Police, Fire, and Ambulance
from March 21 St through August 31 St. She stated this sits oddly with her, but the City did
submit there. She was only going to submit the overtime for Ambulance. The State came
back and stated we could submit for all Police, Fire, and Ambulance wages. So she called
the auditor, who confirmed that was the intent of these funds. Staff also submitted all
items needed to work from home, Zoom software, personal protective equipment, etc.
Review of Draft Council Agendas
• Review Draft Council Agenda for October 13, 2020.
There were no changes.
Attendance at Upcoming Council Meeting
All present will be in attendance at next week's meeting.
Announcements
Council questioned the tree removal at the old Burger King. They questioned if this
should have been allowed. Will add to Council Issues for the next Workshop.
Council thanked the Public Works Director for all his work on Public Works various
Public Works projects and his outstanding report of those projects.
Council thanked the Clerk/Treasurer and Council Secretary for all their hard work on the
CARES Act submission.
The council workshop adjourned at 7:49 p.m.
Respectfully
Brittney Moorr
Administrative
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for
the listed workshop agenda items.
's
Riverside Park Campground Rules
o RV and Tent camping are limited to 16 days, within a consecutive 30 -day period, beginning with
the first night's stay.
o Campfires are not permitted except in provided campfire rings. Campfires must be attended
and extinguished prior to leaving the campsite. Campfires may be restricted during periods of
high fire danger.
o Dogs must be leashed with no longer than an 8 -foot tether. Service animals, clearly identified as
such, are exempt from the leash rule.
o Individuals bringing domestic pets into the campground shall be responsible for proper removal
and disposal of any waste produced by the pet. Failure to pick up pet waste will be grounds for
eviction from the campground.
o No outside storage of food or trash is permitted at the campsite. Store food within a vehicle or
camper and use the provided dumpsters, located within Riverside Park, for trash.
o No RV, camping, or human waste dumping of any kind is allowed.
o The discharging of any firearms, including BB guns or pellet guns, is a violation of Laurel
Municipal Code, and therefore not permitted at anytime.
o No discharging of Fireworks is allowed, at any time.
o Speed limit shall be 10 mph.
o Free standing portable gas grills are allowed but must be attended when in use. No tabletop
grilling campground equipment is allowed.
o Driving of vehicles is allowed only on designated roads or parking pads.
o Quiet hours are 10 pm until 6 am.
o Metal detectors are not allowed.
o Check in time after 2pm. Check out time will be by 11 am.
o No wood collecting from any trees or shrubs in Riverside Park, for the purpose of starting or
maintaining a campfire is allowed.
o No unattended campsite, tent, or vehicles for more than 24 hours is allowed, and after 48 hours
they will be subject to impound and removal.
o The maximum limits for a single occupancy campsite shall be 8 people, one camping unit, and
two additional tents, unless otherwise authorized (by who).
o No use of unmanned aircraft, drones, or radio -controlled toys allowed in campground.
o Consumption of alcohol is permitted within the boundaries of the individual campsites only.
o No operation of generators during the established quite hours.
o No excessive noise created from any person, radio, tv or any other equipment that disturbs
other visitors.
o All campers must pay the appropriate fee for camping as set by resolution of the Laurel City
Council. Failure to pay for every night's stay will result in expulsion from the campground.
o Penalties for violation of the campground rules will result in:
• First violation - expulsion from the campground for 48 hours.
• Second violation - 7 -day suspension from the campground.
• Third violation — permanent ban from campground.
CITY HALL o
115 W. 1 ST ST.
PLANNING: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964 P.Q. Box 10
FAX 628-2241 Laurel, Montana 59044
October 6, 2020
Laurel City Council
115 West I` Street
Laurel, MT 59102
Office of the City Planner
Comments regarding Darrell Dyer's Request for rocks in boulevard on 112-114 3rd Ave
Mayor and City Council,
Darrell Dyer has requested to replace the trees and grass in the boulevards in front of his properties at
112-114 3`d Avenue with river rock as is required by "LMC 12.32.010 - Boulevards to be kept in grass
and trees." I am in support of this change with minor conditions that should be put in place to ensure a
positive aesthetic and proper maintenance. Conditions for approval include:
Install weed barrier landscape fabric below river rock and around any planted shrubs or plants
y Remove weeds and other invasive species of plants regularly
➢ Spray weedkiller twice yearly to control any weeds or invasive plant species present.
Use Xeriscaping best practices to install drought -tolerant plants and shrubs to cover a minimum
of 25% of the boulevard landscaping area.
These conditions of approval will allow the boulevard landscaping to be more easily maintained, provide
a positive aesthetic, and soften the harsh building forms and paved areas of the downtown area. Thank
you for your consideration of the request and these conditions of approval.
Regards,
Nicholas Altonaga
Planning Director
Christmas to Remember Inc
P.O. Box 463
Laurel, MT 59044
Christmas to
Remember
October 6, 2020
To whom it may concern:
The Christmas to Remember has had 35 years of history in Laurel. The
Covid 19 has created a problem for our annual celebration. The success of
our event incorporates many organizations, the city, the firemen, the
school, and the businesses to mention a few.
In our meeting with the firemen we decided their display set up in Memo-
rial Park better known as Fireman's Park will happen and Santa will ar-
rive in Laurel on December 6. Social distancing should be maintained and
everyone should wear masks. Business and organizations will be encour-
aged to enter our parade. The committee will be selling poinsettias to help
pay for the insurance.
The committee will decorate a Grinch tree at the Moss Mansion this year.
Since the committee has been decorating trees for 35 years we will offer
our decorations to businesses that will provide a tree, lights and the labor
to decorate the tree in their business.
Since the school is not renting out their buildings, our bazaar held at the
Laurel Middle School will return hopefully in 2021. We have several
businesses that will allow our bazaar to be held in their stores on Decem-
ber 6. This is in conjunction with the stroll and downtown activities the
Laurel Chamber of Commerce will sponsor on December 6. Social dis-
tancing will be maintained and everyone should wear a mask. If the gov-
ernment orders a return to Phase 1, we will not be able to hold a bazaar.
We are glad to bring the 35th Christmas to Remember back to downtown.
If more information is needed please contact:
Jean Carroll Thompson
1-406-248-8557
If you are not in agreement, please call as soon as possible.
CITY HALL
115 W. IST ST. City Of Laurel
PUB. WORKS: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964 P.O. Box 10
FAX 628-2241 Laurel, Montana 59044
Office of the Director of
Public Works
10/6/2020 City Council Presentation Public Works Update
2019 Pavement Repairs Project Warranty period ends this Friday.
2019 East 6th Street project one-year warranty has been completed.
East Downtown Infrastructure Improvement Project is mostly complete.
2020 Pavement Closeout is October 9th.
Design Standards is ongoing when we have time to review.
Data and Asset management is under final review. Utility Maps updated.
Riverside Park Campground is completed except for some grass seeding and park
bench installation. Williston Basin Pipeline has informed the City they will be
removing their building and replacing pipeline in the Park next summer.
Lions Park design is starting and will be out to bid by February hopefully.
Future Projects
Water Reservoir Preliminary Engineering Report for 2021. Apply for a TSEP
Grant by2022. Hopefully awarded grant funds by the 2023 Legislative session.
Design work in 2023 and 2024 with construction to take place in 2025.
Replacing the water line to Riverside Park.
Rerouting water line under residential properties between West 11th and West
12th Street.
Sewer Plant lift screw B replacement
Sewer Main for the Elm Street Lift Station
West Railroad Street
Storm water for south side and street reconstruction plan including new water
and sewer mains.
West 7t" Street water, sewer main replacement and street reconstruction from
11t Ave to 2"d Ave.
Hopefully participate in a Citywide Capital Improvement Plan if the City is
successful with the CDBG grant.
Solid Waste will need new refuse trucks
Recognition of City Employees
Guy Rolison Retirement
Tim Reiter Retirement
The men and women of the Public Works Department that continually choose to
spend their lives serving the citizens of this great city. They have my deepest
gratitude and I want to thank them for their skill, knowledge, advice, and their
efforts that they carry out every day.
The Mayor, City Council, and the Public Works Volunteers for their advice and
efforts to make Laurel a better place to live for its citizens.
The City Clerk's Office personnel than work with us daily to keep the department
running.
Planning and code enforcement that helps us every day.
Police dispatch that wake us up at all hours of the night. Fire Department for
putting out all the trash fires.
The Engineers that design and build our projects and must work with me.
The Public Works Department Volunteers that take the time to help their fellow
citizens.
The Citizens of Laurel that make all this possible. It is my hope that they
understand the efforts that our department is taking to better serve them for
today and into the future.
Thank you
Kurt Markegard
Public Works Director
City of Laurel
MONTANA CODE OF ETHICS
CONSTITUTION OF MONTANA -- ARTICLE XIII -- GENERAL PROVISIONS
Section 4. Code of ethics. The legislature shall provide a code of ethics prohibiting conflict between public duty
and private interest for members of the legislature and all state and local officers and employees.
Montana Code Annotated (2019)
TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION CHAPTER 2. STANDARDS OF CONDUCT
Part 1. Code of Ethics
2-2-101. Statement of purpose. The purpose of this part is to set forth a code of ethics prohibiting conflict
between public duty and private interest as required by the constitution of Montana. This code recognizes
distinctions between legislators, other officers and employees of state government, and officers and employees
of local government and prescribes some standards of conduct common to all categories and some standards of
conduct adapted to each category. The provisions of this part recognize that some actions are conflicts per se
between public duty and private interest while other actions may or may not pose such conflicts depending
upon the surrounding circumstances.
2-2-102. Definitions. As used in this part, the following definitions apply:
(1) "Business" includes a corporation, partnership, sole proprietorship, trust or foundation, or any other
individual or organization carrying on a business, whether or not operated for profit.
(2) "Compensation" means any money or economic benefit conferred on or received by any person in return
for services rendered or to be rendered by the person or another.
(3) (a) "Gift of substantial value" means a gift with a value of $50 or more for an individual.
(b) The term does not include:
(i) a gift that is not used and that, within 30 days after receipt, is returned to the donor or delivered to a
charitable organization or the state and that is not claimed as a charitable contribution for federal income tax
purposes;
(ii) food and beverages consumed on the occasion when participation in a charitable, civic, or community
event bears a relationship to the public officer's or public employee's office or employment or when the officer
or employee is in attendance in an official capacity;
(iii) educational material directly related to official governmental duties;
(iv) an award publicly presented in recognition of public service; or
(v) educational activity that:
(A) does not place or appear to place the recipient under obligation;
(B) clearly serves the public good; and
(C) is not lavish or extravagant.
(4) "Local government" means a county, a consolidated government, an incorporated city or town, a school
district, or a special district.
(5) "Official act" or "official action" means a vote, decision, recommendation, approval, disapproval, or other
action, including inaction, that involves the use of discretionary authority.
(6) "Private interest" means an interest held by an individual that is:
(a) an ownership interest in a business;
(b) a creditor interest in an insolvent business;
(c) an employment or prospective employment for which negotiations have begun;
(d) an ownership interest in real property;
(e) a loan or other debtor interest; or
Prepared by the MSU Local Government Center for educational use only. For interpretation of the law, please seek competent legal counsel. I
(f) a directorship or officership in a business.
(7) "Public employee" means:
(a) any temporary or permanent employee of the state;
(b) any temporary or permanent employee of a local government;
(c) a member of a quasi-judicial board or commission or of a board, commission, or committee with
rulemaking authority; and
(d) a person under contract to the state.
(8) (a) "Public officer" includes any state officer and any elected officer of a local government.
(b) For the purposes of 67-11-104, the term also includes a commissioner of an airport authority.
(9) (a) "Public officer" includes any state officer and any elected officer of a local government.
(b) For the purposes of 67-11-104, the term also includes a commissioner of an airport authority.
(10) "Special district" means a unit of local government, authorized by law to perform a single function or a
limited number of functions. The term includes but is not limited to conservation districts, water districts, weed
management districts, irrigation districts, fire districts, community college districts, hospital districts, sewer
districts, and transportation districts. The term also includes any district or other entity formed by interlocal
agreement.
(11) (a) "State agency" includes:
(i) the state;
(ii) the legislature and its committees;
(iii) all executive departments, boards, commissions, committees, bureaus, and offices;
(iv) the university system; and
(v) all independent commissions and other establishments of the state government.
(b) The term does not include the judicial branch.
(12) "State officer" includes all elected officers and directors of the executive branch of state government as
defined in 2-15-102.
2-2-103. Public trust -- public duty. (1) The holding of public office or employment is a public trust, created
by the confidence that the electorate reposes in the integrity of public officers, legislators, and public
employees. A public officer, legislator, or public employee shall carry out the individual's duties for the benefit of
the people of the state.
(2) A public officer, legislator, or public employee whose conduct departs from the person's public duty is
liable to the people of the state and is subject to the penalties provided in this part for abuse of the public's
trust.
(3) This part sets forth various rules of conduct, the transgression of any of which is a violation of public duty,
and various ethical principles, the transgression of any of which must be avoided.
(4) (a) The enforcement of this part for:
(i) state officers, legislators, and state employees is provided for in 2-2-136;
(ii) legislators, involving legislative acts, is provided for in 2-2-135 and for all other acts is provided for in 2-2-
136;
(iii) local government officers and employees is provided for in 2-2-144.
(b) Any money collected in the civil actions that is not reimbursement for the cost of the action must be
deposited in the general fund of the unit of government.
2-2-104. Rules of conduct for public officers, legislators, and public employees. (1) Proof of commission of
any act enumerated in this section is proof that the actor has breached the actor's public duty. A public officer,
legislator, or public employee may not:
(a) disclose or use confidential information acquired in the course of official duties in order to further
substantially the individual's personal economic interests; or
Prepared by the MSU Local Government Center for educational use only. For interpretation of the law, please seek competent legal counsel. 2
(b) accept a gift of substantial value or a substantial economic benefit tantamount to a gift:
(i) that would tend improperly to influence a reasonable person in the person's position to depart from the
faithful and impartial discharge of the person's public duties; or
(ii) that the person knows or that a reasonable person in that position should know under the circumstances
is primarily fotIaurRve8at;r%yaGding the pets o .i:cial
(2) An economic benefit tantamount to a gift includes without limitation a loan at a rate of interest
substantially lower than the commercial rate then currently prevalent for similar loans and compensation
received for private services rendered at a rate substantially exceeding the fair market value of the services.
Campaign contributions reported as required by statute are not gifts or economic benefits tantamount to gifts.
(3) (a) Except as provided in subsection (3)(b), a public officer, legislator, or public employee may not receive
salaries from two separate public employment positions that overlap for the hours being compensated, unless:
(i) the public officer, legislator, or public employee reimburses the public entity from which the employee is
absent for the salary paid for performing the function from which the officer, legislator, or employee is absent;
or
(ii) the public officer's, legislator's, or public employee's salary from one employer is reduced by the amount
of salary received from the other public employer in order to avoid duplicate compensation for the overlapping
hours.
(b) Subsection (3)(a) does not prohibit:
(i) a public officer, legislator, or public employee from receiving income from the use of accrued leave or
compensatory time during the period of overlapping employment; or
(ii) a public school teacher from receiving payment from a college or university for the supervision of student
teachers who are enrolled in a teacher education program at the college or university if the supervision is
performed concurrently with the school teacher's duties for a public school district.
(c) In order to determine compliance with this subsection (3), a public officer, legislator, or public employee
subject to this subsection (3) shall disclose the amounts received from the two separate public employment
positions to the commissioner of political practices.
2-2-105. Ethical requirements for public officers and public employees. (1) The requirements in this section
are intended as rules of conduct, and violations constitute a breach of the public trust and public duty of office
or employment in state or local government.
(2) Except as provided in subsection (4), a public officer or public employee may not acquire an interest in
any business or undertaking that the officer or employee has reason to believe may be directly and substantially
affected to its economic benefit by official action to be taken by the officer's or employee's agency.
(3) A public officer or public employee may not, within 12 months following the voluntary termination of
office or employment, obtain employment in which the officer or employee will take direct advantage,
unavailable to others, of matters with which the officer or employee was directly involved during a term of
office or during employment. These matters are rules, other than rules of general application, that the officer or
employee actively helped to formulate and applications, claims, or contested cases in the consideration of which
the officer or employee was an active participant.
(4) When a public employee who is a member of a quasi-judicial board or commission or of a board,
commission, or committee with rulemaking authority is required to take official action on a matter as to which
the public employee has a conflict created by a personal or private interest that would directly give rise to an
of impropriety as to the public employee's influence, benefit, or detriment in regard to the matter,
the public employee shall disclose the interest creating the conflict prior to participating in the official action.
(5) A public officer or public employee may not perform an official act directly and substantially affecting a
business or other undertaking to its economic detriment when the officer or employee has a substantial
personal interest in a competing firm or undertaking.
Prepared by the MSU Local Government Center for educational use only. For interpretation of the law, please seek competent legal counsel. 3
2-2-121. Rules of conduct for public officers and public employees. (1) Proof of commission of any act
enumerated in subsection (2) is proof that the actor has breached a public duty.
(2) A public officer or a public employee may not:
(a) subject to subsection (7), use public time, facilities, equipment, supplies, personnel, or funds for the
officer's or employee's private business purposes;
(b) engage in a substantial financial transaction for the officer's or employee's private business purposes with
a person whom the officer or employee inspects or supervises in the course of official duties;
(c) assist any person for a fee or other compensation in obtaining a contract, claim, license, or other
economic benefit from the officer's or employee's agency;
(d) assist any person for a contingent fee in obtaining a contract, claim, license, or other economic benefit
from any agency;
(e) perform an official act directly and substantially affecting to its economic benefit a business or other
undertaking in which the officer or employee either has a substantial financial interest or is engaged as counsel,
consultant, representative, or agent; or
(f) solicit or accept employment, or engage in negotiations or meetings to consider employment, with a
person whom the officer or employee regulates in the course of official duties without first giving written
notification to the officer's or employee's supervisor and department director.
(3) (a) Except as provided in subsection (3)(b), a public officer or public employee may not use or permit the
use of public time, facilities, equipment, supplies, personnel, or funds to solicit support for or opposition to any
political committee, the nomination or election of any person to public office, or the passage of a ballot issue
unless the use is:
(i) authorized by law; or
(ii) properly incidental to another activity required or authorized by law, such as the function of an elected
public officer, the officer's staff, or the legislative staff in the normal course of duties.
(b) As used in this subsection (3), "properly incidental to another activity required or authorized by law" does
not include any activities related to solicitation of support for or opposition to the nomination or election of a
person to public office or political committees organized to support or oppose a candidate or candidates for
public office. With respect to ballot issues, properly incidental activities are restricted to:
(i) the activities of a public officer, the public officer's staff, or legislative staff related to determining the
impact of passage or failure of a ballot issue on state or local government operations;
(ii) in the case of a school district, as defined in Title 20, chapter 6, compliance with the requirements of law
governing public meetings of the local board of trustees, including the resulting dissemination of information by
a board of trustees or a school superintendent or a designated employee in a district with no superintendent in
support of or opposition to a bond issue or levy submitted to the electors. Public funds may not be expended for
any form of commercial advertising in support of or opposition to a bond issue or levy submitted to the electors.
(c) This subsection (3) is not intended to restrict the right of a public officer or public employee to express
personal political views.
(d) (i) If the public officer or public employee is a Montana highway patrol chief or highway patrol officer
appointed under Title 44, chapter 1, the term "equipment" as used in this subsection (3) includes the chief's or
officer's official highway patrol uniform.
(ii) A Montana highway patrol chief's or highway patrol officer's title may not be referred to in the
solicitation of support for or opposition to any political committee, the nomination or election of any person to
public office, or the passage of a ballot issue.
(4) (a) A candidate, as defined in 13-1-101(8)(a), may not use or permit the use of state funds for any
advertisement or public service announcement in a newspaper, on radio, or on television that contains the
candidate's name, picture, or voice except in the case of a state or national emergency and then only if the
announcement is reasonably necessary to the candidate's official functions.
Prepared by the MSU Local Government Center for educational use only. For interpretation of the law, please seek competent legal counsel. 4
(b) A state officer may not use or permit the use of public time, facilities, equipment, supplies, personnel, or
funds to produce, print, or broadcast any advertisement or public service announcement in a newspaper, on
radio, or on television that contains the state officer's name, picture, or voice except in the case of a state or
national emergency if the announcement is reasonably necessary to the state officer's official functions or in the
case of an announcement directly related to a program or activity under the jurisdiction of the office or position
to which the state officer was elected or appointed.
(5) A public officer or public employee may not participate in a proceeding when an organization, other than
an organization or association of local government officials, of which the public officer or public employee is an
officer or director is:
(a) involved in a proceeding before the employing agency that is within the scope of the public officer's or
public employee's job duties; or
(b) attempting to influence a local, state, or federal proceeding in which the public officer or public employee
represents the state or local government.
(6) A public officer or public employee may not engage in any activity, including lobbying, as defined in 5-7-
102, on behalf of an organization, other than an organization or association of local government officials, of
which the public officer or public employee is a member while performing the public officer's or public
employee's job duties. The provisions of this subsection do not prohibit a public officer or public employee from
performing charitable fundraising activities if approved by the public officer's or public employee's supervisor or
authorized by law.
(7) A listing by a public officer or a public employee in the electronic directory provided for in 30-17-101 of
any product created outside of work in a public agency is not in violation of subsection (2)(a) of this section. The
public officer or public employee may not make arrangements for the listing in the electronic directory during
work hours.
(8) A department head or a member of a quasi-judicial or rulemaking board may perform an official act
notwithstanding the provisions of subsection (2)(e) if participation is necessary to the administration of a statute
and if the person complies with the disclosure procedures under 2-2-131.
(9) Subsection (2)(d) does not apply to a member of a board, commission, council, or committee unless the
member is also a full-time public employee.
(10) Subsections (2)(b) and (2)(e) do not prevent a member of the governing body of a local government
from performing an official act when the member's participation is necessary to obtain a quorum or to
otherwise enable the body to act. The member shall disclose the interest creating the appearance of
impropriety prior to performing the official act.
2-2-131. Disclosure. A public officer or public employee shall, prior to acting in a manner that may impinge
on public duty, including the award of a permit, contract, or license, disclose the nature of the private interest
that creates the conflict. The public officer or public employee shall make the disclosure in writing to the
commissioner of political practices, listing the amount of private interest, if any, the purpose and duration of the
person's services rendered, if any, and the compensation received for the services or other information that is
necessary to describe the interest. If the public officer or public employee then performs the official act
involved, the officer or employee shall state for the record the fact and summary nature of the interest disclosed
at the time of performing the act.
2-2-144. Enforcement for local government. (1) Except as provided in subsections (5) and (6), a person
alleging a violation of this part by a local government officer or local government employee shall notify the
county attorney of the county where the local government is located. The county attorney shall request from
the complainant or the person who is the subject of the complaint any information necessary to make a
determination concerning the validity of the complaint.
Prepared by the MSU Local Government Center for educational use only. For interpretation of the law, please seek competent legal counsel. 5
(2) If the county attorney determines that the complaint is justified, the county attorney may bring an action
in district court seeking a civil fine of not less than $50 or more than $1,000. If the county attorney determines
that the complaint alleges a criminal violation, the county attorney shall bring criminal charges against the
officer or employee.
(3) If the county attorney declines to bring an action under this section, the person alleging a violation of this
part may file a civil action in district court seeking a civil fine of not less than $50 or more than $1,000. In an
action filed under this subsection, the court may assess the costs and attorney fees against the person bringing
the charges if the court determines that a violation did not occur or against the officer or employee if the court
determines that a violation did occur. The court may impose sanctions if the court determines that the action
was frivolous or intended for harassment.
(4) The employing entity of a local government employee may take disciplinary action against an employee
for a violation of this part.
(5) (a) A local government may establish a three-member panel to review complaints alleging violations of
this part by officers or employees of the local government. The local government shall establish procedures and
rules for the panel. The members of the panel may not be officers or employees of the local government. The
panel shall review complaints and may refer to the county attorney complaints that appear to be substantiated.
If the complaint is against the county attorney, the panel shall refer the matter to the commissioner of political
practices and the complaint must then be processed by the commissioner pursuant to 2-2-136.
(b) In a local government that establishes a panel under this subsection (5), a complaint must be referred to
the panel prior to making a complaint to the county attorney.
(6) If a local government review panel has not been established pursuant to subsection (5), a person alleging
a violation of this part by a county attorney shall file the complaint with the commissioner of political practices
pursuant to 2-2-136.
COMMISSIONER OF POLITICAL PRACTICES
The Commissioner has jurisdiction over laws and rules pertaining to: Ethics (Title 2, chapter 2, part 1), Lobbying
(Title 5, chapter 7) and Campaign finance and practices (Title 13, chapters 35 and 37).
Our Mission
We fairly and impartially carry out our assigned responsibilities monitoring and enforcing campaign finance and
practices and government ethics standards. We serve the public and interested parties in a helpful and
responsive way.
Commissioner of Political Practices 1205 8th Ave P.O. Box 202401 Helena, MT 59620-2401 (Tel.) 406-444-2942
http://politicalpractices.mt.gov/
Prepared by the MSU Local Government Center for educational use only. For interpretation of the law, please seek competent legal counsel. 6
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