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Montana Municipal Officials Handbook

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Kenneth L. Weaver Editor Montana Municipal Officials Handbook Third Edition Madison-Jefferson Counties Local Government Center Montana Kenneth L. Weaver Editor Municipal Officials Handbook Third Edition Local Government Center Local Government Center Montana State University PO Box 170535 Bozeman, MT 59717-0535 (406) 994-6694 www.msulocalgov.org Montana Municipal Interlocal Authority 3115 McHugh Drive PO Box 6669 Helena, MT 59604-6669 1 (800) 635-3089 www.mmia.net Copyright © 2020 All rights reserved. Cover design by David Ashcraft Printed and bound in the United States of America ISBN 0-9707310-5-1 Montana State University Extension is an ADA/EO/AA/Veteran’s Preference Employer and Provider of Educational Outreach. Contributing Authors Montana Municipal Officials Handbook Part I John Cummings, MBA Chapter III. Human Resource Management Betsy J Webb, MS SPHR Miral Gamradt, MPA Chapter V. Municipal Finance Paul Lachapelle, PhD Chapter VII. Citizen Participation and Interaction Allison Mouch, AICP Chapter VIII. Land Use and Planning Law in Montana Kelly A. Lynch Kenneth L. Weaver, PhD Chapters I. Municipal Government Defined Chapter II. Governing the Municipality Chapter IV. Budgeting Chapter VI. Municipal Property and Contracts Handbook General Editor Part II Primary Contributors and Reviewers: Ronald Barndt, Clerk-Treasurer, CMC, CMMC/T, Town of Columbus Mary Embleton, former Clerk-Treasurer, CMC, City of Laurel Agnes Fowler, Finance Officer, CMC, CPFA, CMMFO, City of Conrad Julie Lazaro, Clerk-Treasurer, CMMC/T, Town of Hot Springs Susan Nicosia, CPA, City Manager, City of Columbia Falls Doris Pinkerton, Clerk-Treasurer, CMC, CMMC/T, City of Forsyth Marty Rehbein, Clerk, CMC, City of Missoula Brenda Schneider, Clerk-Treasurer, MMC, CPFA, CMMC/T, Town of Superior Kelly Thiel, Clerk, MMC, CMMC, City of Plentywood Stacy Ulmen, Clerk, CMC, CMMC, City of Bozeman The authors wish to recognize and express their appreciation to those who helped make this publication possible: Jennifer Blessum, Dan Clark, Ashley Kent, Jane MacDonald, Tara Mastel, Alan Hulse, Amber Ireland, Angela Simonson, Britani Laughery, Terry Mitton, Lisa Lowery, Denise Michael, Julia Shannon, Chet McClean, Darla Erickson, James Caniglia, Wyeth Friday, Kelly A. Lynch, JD, and Allison Mouch, Judy Mathre, Jim Nugent, Esq., Larry Bonderud, Gene Townsend and John Williams. Thank You! Preface The creation of this handbook is a response to years of frustration experienced by newly elected mayors and council members and newly appointed municipal clerks who have had little in the way of accessible resource materials. The high turnover rate of these municipal officials’ results in continuous erosion of the knowledge base and skills required to operate and maintain efficient, responsive and trusted municipal government in Montana. The authors are experienced practitioners of Montana’s municipal government as elected or appointed municipal officials or consulting experts who share an abiding commitment to the cause of good government in Montana’s cities and towns. They view this handbook as a “work in progress” that simply had to get started even if our first efforts are imperfect. We will rely upon those who must meet the daily challenges of governing Montana’s 129 cities and towns to help us improve, correct, update and enlarge what we hope will be a useful tool for municipal officials. Prudent mayors, council members and municipal clerks all recognize the need for the assistance and legal counsel of an experienced city attorney and will understand that this handbook is not and cannot be a substitute for competent legal opinion. Rather, the handbook is intended to serve merely as an easily accessible first reference for local officials seeking an entry point into the resolution of common municipal issues. The statutory citations included herein are provided primarily for the convenience of the consulting city attorney who may be new to the local government venue and unfamiliar with the unusual organization of Title 7 of the Montana Code Annotated. The authors are grateful to the MSU Local Government Center and to the Montana Municipal Interlocal Authority for the resources to undertake this project. We also wish especially to thank the Montana Municipal Clerks, Treasurers and Finance Officers Association for their unwavering support of the accomplishment of a useable handbook. However, errors and omissions are the responsibility of the authors, especially the editor, and should not be attributed to Montana State University, the Local Government Center or the Montana Municipal Interlocal Authority. We will welcome enthusiastically all criticism and corrections offered by the reader, which may be communicated directly to the Local Government Center at Montana State University, Bozeman, MT 59717. Kenneth L. Weaver, Editor Dedication Our work is dedicated to all those who serve in Montana’s municipal government. Have a Question? Agencies That Can Help Governance Questions Local Government Center, Montana State University (406) 994-6694 www.msulocalgov.org Risk Management Questions Montana Municipal Interlocal Authority (MMIA) 1-800-635-3089 www.mmia.net Legislative Issues Affecting Municipalities Montana League of Cities and Towns (406) 442-8768 www.mtleague.org Budget and Finance Questions Local Government Services Bureau, MT Department of Administration (406) 841-2909 www.doa.mt.gov/lgsb/default.mcpx Land Use, Planning and Zoning Questions Community Development Division, MT Department of Commerce (406) 841-2770 www.comdev.mt.gov/default.mcpx Infrastructure Questions on Sewer, Water and Solid Waste • Montana Rural Water Systems (406) 454-1151 www.mrws.org • W2ASACT – Water, Wastewater and Solid Waste Action (406) 444-2074 Coordinating Team MT Department of Natural Resource Conservation • www.dnrc.mt.gov/cardd/ResourceDevelopment/wasact Community Health, Water and Sewer Issues State Public Water Supply Program, MT DEQ (406) 444-2409 www.deq.mt.gov/wqinfo/pws Grant Funding Options Community Development, Grants Bureau, MT Department of Commerce (406) 841-2770 www.comdev.mt.gov/Grantsbureau/grantsbureau.mcpx Working with Your Local Court Judge Montana Judicial Branch, Courts of Limited Jurisdiction (406) 841-2967 www.courts.mt.gov/lcourt/default.mcpx Local Transportation Issues Local Technical Assistance Program (406) 994-6114 www.westerntransportationinstitute.org/centers/ltap Local Elections Elections and Government Services, MT Secretary of State (406) 444-5376 www.sos.mt.gov/elections Consulting Local Government Associates, Inc. [email protected] CHAPTER I MUNICIPAL GOVERNMENT DEFINED by Kenneth L. Weaver, Ph.D. 1.1 Origins and Characteristics of Municipal Government 1.101 The Origin of Governed Communities 1.102 Municipality Defined 1.103 Disincorporation 1.104 Characteristics of a Municipality Table 1.1 Incorporation Dates of Montana Municipalities 1.2 Municipal Classification 1.201 Purpose of Municipal Classification 1.202 Montana Municipal Classification System 1.203 When and How to Change Classifications 1.204 Principal Statutes Related to Municipal Classification Table 1.2 Classifications of Montana Municipalities 1.3 Forms of Municipal Government 1.301 Forms of Government Defined 1.302 Permitted Forms of Municipal Government 1.303 Methods to Alter the Form of Municipal Government 1.304 Principal Statutes Related to the Forms of Government Table 1.3 Forms of Municipal Government in Montana 1.4 Powers of Municipal Government 1.401 Governing Powers Define 1.402 Municipal Police Powers 1.403 General Government Powers 1.404 Self‐Government Powers 1.405 Acquiring Self‐Government Powers 1.406 Principal Statutes Related to Governing Powers Table 1.4 Municipalities with Self‐Government Powers 1.5 Municipal Officers 1.501 Definition of Officers 1.502 Required Qualifications 1.503 Oath of Office Required 1.504 Compensation of Municipal Officers 1.506 Vacancies in Municipal Office 1.507 Method of Filling Vacancies in Office 1.508 Principal Statutes Related to Municipal Officers 1.6 City and Municipal Courts 1.601 Local Courts of Limited Jurisdiction 1.602 City and Municipal Courts 1.603 City Courts 1.604 Municipal Courts 1.605 Court Revenues 1.606 The Court’s Relationship to the Legislative and Executive Branches Montana Municipal Officials Handbook 2 1.Municipal Government Defined 1.1 ORIGINS AND CHARACTERISTICS OF MUNICIPAL GOVERNMENT 1.101 The Origin of Governed Communities Human history seems to validate Aristotle’s ancient insight that man is, by nature, a social animal best suited for living in a community. Beginning about 6,000 years ago, at the dawn of the agricultural revolution, governed agricultural communities, emerged on the banks of the Tigris and Euphrates Rivers in Mesopotamia (modern day Iraq). Whether for the purpose of defense against hostile neighbors or as a means to gain the economic benefits of specialized labor and commerce (or both), the city emerged from its primitive, communal origins to become the defining institution of human civilization. It is difficult to think of civilization at all except in the context of “the city.” Improvements to the human condition made by the inhabitants who populated ancient Athens, Rome, Florence, and London or, for that matter, Tenochtitlan (Mexico City) or Mesa Verde, should remind us that it is within the city where human creativity flourishes. It is where wealth is accumulated and where individuals and their families seek safety in numbers. Even though cities as governed communities existed thousands of years
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