HomeMy WebLinkAbout01-26-18 City Commission Packet Materials - A1. Review and Discussion of Charter and Rules of ProcedureCommission Memorandum
REPORT TO: Bozeman City Commission
FROM: Cyndy Andrus, Mayor
Greg Sullivan, City Attorney
SUBJECT: City of Bozeman Charter and Rules of Procedure
MEETING DATE: Friday, January 26, 2018
AGENDA ITEM TYPE: Policy Discussion
RECOMMENDATION: Review and discuss The Bozeman City Charter and Rules of
Procedure
BACKGROUND: The Bozeman City Charter, approved by the voters on November 7, 2006,
became effective on January 1, 2008.
Per the Charter, the City established its Rules of Procedure. In February of 2009, the City
Commission amended the Bozeman Municipal Code to include these rules with the most
recent amendments adopted in 2011.
This work session is an opportunity to review, clarify and discuss The Bozeman City
Charter and The Rules of Procedure.
FISCAL EFFECTS: None.
Attachment(s): Bozeman City Charter
Rules of Procedure (Chapter 2- Administration, Bozeman Municipal
Code)
PART I - CHARTER[1]
Footnotes:
--- (1) ---
Editor's note— Printed herein is the Bozeman City Charter proposed by the City of Bozeman's 2004-
2006 Local Government Study Commission and was approved by voters at the November 7, 2006,
general election. Section 2.03(b) of the charter became effective with the 2007 election; all other sections
became effective on January 1, 2008. Amendments are indicated by a history note following in
parentheses following the amended section. Obvious misspellings have been corrected. Other changes
made for clarity are indicated by brackets.
State Law reference— Self-government Charter, Const. of Mt. Art. XI, § 5; nature of self-government
local governments, MCA 7-1-101 et seq.; charter government, MCA 7-3-701 et seq.
PREAMBLE
We, the people of the City of Bozeman, under the constitution and laws of the State of Montana, in
order to secure the benefits of local self-government and to provide for an honest and accountable
commission-manager government, do hereby adopt this Charter and confer upon the city the following
powers, subject to the following restrictions, and prescribed by the following procedures and
governmental structure. By this action, we secure the benefits of home rule and self-governance and
affirm the values of representative democracy, professional management, strong political leadership,
citizen participation, and regional cooperation.
ARTICLE I. - POWERS OF THE CITY[2]
Footnotes:
--- (2) ---
State Law reference— Nature of self-government local governments, MCA 7-1-101 et seq.
Sec. 1.01. - Powers of the City.
The City of Bozeman shall have all powers possible for a city with self-governing powers to have
under the constitution and laws of the State of Montana as fully and completely as though they were
specifically enumerated in this charter.
Sec. 1.02. - Construction.
(a) Powers. The powers of the city under this charter shall be construed liberally in favor on the city,
and the specific mention of particular powers in the charter shall not be construed as limiting in any
way the general power granted in this article.
(b) Priority Construction. As provided by Article XI, Section 5, of the Constitution of Montana, provisions
herein establishing executive, legislative, and administrative structure and organization are superior
to statutory provisions.
Sec. 1.03. - Intergovernmental Relations.
The City of Bozeman may participate by contract or otherwise with any governmental entity of the
State of Montana or any other state or states or the United States in the performance of any activity which
one or more of such entities has the authority to undertake.
ARTICLE II. - CITY COMMISSION[3]
Footnotes:
--- (3) ---
State Law reference— A local government with self-government powers is subject to state laws
establishing legislative procedures or requirements, MCA 7-1-114(1)(c); local government ordinances,
resolutions, and initiatives and referendum, MCA 7-5-101 et seq.; office of city council member, MCA 7-4-
4401 et seq.; conduct of municipal government, MCA 7-5-4101 et seq.
Sec. 2.01. - General Powers and Duties.
All powers of the city shall be vested in the city commission, except as otherwise provided by law or
this charter, and the commission shall provide for the exercise thereof and for the performance of all
duties and obligations imposed on the city by law.
Sec. 2.02. - Eligibility, Terms, and Composition.
(a) Eligibility. Only registered voters whose principal residence is in the City of Bozeman shall be
eligible to hold the office of commission member or mayor.
(b) Terms. The term of office of elected officials shall be four years elected in accordance with Article
VI.
(c) Composition. The commission shall be composed of four members elected by the voters of the city
at large in accordance with provisions of Article VI and the mayor. The mayor shall be elected as
provided in §2.03(b).
Sec. 2.03. - Mayor.
(a) Powers and Duties. The mayor shall be a voting member of the city commission and shall attend
and preside at meetings of the commission; represent the city in intergovernmental relationships;
present an annual state of the city message; add an item to the commission agenda prepared by the
city manager; assign, subject to the consent of commission, agenda items to sub-committees of the
commission; and perform other duties specified by the commission. The mayor shall be recognized
as head of the city government for all ceremonial purposes and by the governor for purposes of
military law but shall have no administrative duties and shall not interfere with the administration of
the city as provided in §2.05(c), below. The mayor shall not have any appointment power to city
boards except where required by state law.
(b) Mayor Elected At Large. At every regular city election the voters of the city shall elect a mayor at
large for a term of four years. The person so elected shall serve as deputy mayor and a
commissioner for the first two years of his or her term, and mayor for the balance of his or her term
of office.
State Law reference— Office of mayor, MCA 7-4-4301 et seq.
Sec. 2.04. - Compensation; Expenses.
The city commission may determine the annual salary of the mayor and commission members by
ordinance, but no ordinance increasing such salary shall become effective until the date of
commencement of the terms of commission members elected at the next regular election. The mayor and
commission members shall receive their actual ordinary and necessary expenses incurred in the
performance of their duties of office.
State Law reference— Compensation of municipal officers and employees, MCA 7-4-4201 et
seq.
Sec. 2.05. - Prohibitions.
(a) Holding Other Office. Except where authorized by law, no commission member shall hold any other
elected public office during the term for which the member was elected to the commission. No
commission member shall hold any other city office or employment during the term for which the
member was elected to the commission. No former commission member shall hold any
compensated appointive office or employment with the city until one year after the expiration of the
term for which the member was elected to the commission, unless granted a waiver by the board of
ethics. Nothing in this section shall be construed to prohibit the commission from selecting any
current or former commission member to represent the city on the governing board of any regional or
other intergovernmental agency, or any city board.
(b) Appointments and Removals. Neither the city commission nor any of its members shall in any
manner control or demand the appointment or removal of any city administrative officer or employee
whom the city manager or any subordinate of the city manager is empowered to appoint, but the
commission may express its views and fully and freely discuss with the city manager anything
pertaining to appointment and removal of such officers and employees.
(c) Interference with Administration. Except for the purpose of inquiries, and investigations under §2.09,
the commission or its members shall deal with city officers and employees who are subject to the
direction and supervision of the city manager solely through the city manager, and neither the
commission nor its members shall give orders to any such officer or employee, either publicly or
privately.
Sec. 2.06. - Vacancies; Forfeiture of Office; Filling of Vacancies.
a) Vacancies. The office of a commission member shall become vacant upon the member's death,
resignation, or removal from office or forfeiture of office in any manner authorized by law. If the
mayor is absent, incapacitated, dies, resigns from office, or is removed from office, the deputy mayor
shall succeed as mayor during said time or absence or incapacity or for the balance of the mayor's
term, as appropriate; and the commission vacancy created therein shall be filled pursuant to this
section.
b) Forfeiture of Office. A commission member shall forfeit that office if the commission member:
(1) Fails to meet the residency requirements,
(2) Violates any express prohibition of this charter,
(3) Is convicted of a felony, or
(4) Fails to attend three consecutive regular meetings of the Commission without being excused
by a majority of the Commission.
c) Filling of Vacancies. A vacancy in the city commission shall be filled for the remainder of the
unexpired term, pursuant to state law.
State Law reference— Filling of vacancy, MCA 7-4-4112.
Sec. 2.07. - Judge of Qualifications.
The city commission shall be the judge of the grounds for forfeiture of a member's office, pursuant to
§2.06.b. In order to exercise these powers, the commission shall have power to subpoena witnesses,
administer oaths and require the production of evidence. A member charged with conduct constituting
grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing
shall be published in one or more newspapers of general circulation in the city pursuant to state law.
Sec. 2.08. - City Clerk.
The city commission or the city manager, as designated by ordinance, shall appoint an officer of the
city who shall have the title of city clerk. The city clerk shall give notice of commission meetings to its
members and the public, keep the journal of its proceedings and perform such other duties as are
assigned by this charter, by the commission or by state law.
State Law reference— Office of municipal clerk, MCA 7-4-4501 et seq.
Sec. 2.09. - Investigations.
The city commission may make investigations into the affairs of the city and the conduct of any city
department, office, or agency and for this purpose may subpoena witnesses, administer oaths, take
testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the
exercise of these powers by the commission shall be a misdemeanor punishable pursuant to state law.
Sec. 2.10. - Procedure.
The city commission shall, by ordinance, establish its rules of procedure and time and place of
meetings, in accordance with state law.
Sec. 2.11. - Action Requiring an Ordinance.
In addition to other acts required by law or by specific provision of this charter to be done by
ordinance, those acts of the city commission shall be by ordinance which:
(1) Adopt or amend an administrative code or establish, alter, or abolish any city department,
office, or agency;
(2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or
other penalty is imposed;
(3) Levy a new tax;
(4) Grant, renew, or extend a franchise;
(5) Convey or lease or authorize the conveyance or lease of any lands of the city;
(6) Adopt or amend zoning and subdivision regulations;
(7) Amend or repeal any ordinance previously adopted; or
(8) Adopt, with or without amendment, ordinances proposed under the initiative power.
Acts other than those referred to in the preceding sentence may be done either by ordinance or by
resolution.
State Law reference— Municipal ordinances and resolutions, MCA 7-5-4201 et seq.
Sec. 2.12. - Ordinances in General.
Ordinances, regular, emergency, and technical regulations, will be proposed, published, and
approved in accordance with state law. In addition to the requirements of state law, ordinances,
administrative regulations, resolutions, and the Bozeman Municipal Code will be published electronically.
ARTICLE III. - CITY MANAGER
Sec. 3.01. - Appointment; Qualifications; Compensation.
The city commission, by a majority vote of its total membership, shall appoint a city manager for an
indefinite term and fix the manager's compensation. The city manager shall be appointed solely on the
basis of education and experience in the accepted competencies and practices of local government
management. The manager need not be a resident of the city or state at the time of appointment, but may
reside outside the city while in office only with the approval of the commission.
Sec. 3.02. - Removal.
If the city manager declines to resign at the request of the city commission, the city commission may
suspend the manager by a resolution approved by the majority of the total membership of the city
commission. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of
such resolution shall be served immediately upon the city manager. The city manager shall have fifteen
days in which to reply thereto in writing and, upon request, shall be afforded a public hearing, which shall
occur not earlier than ten days nor later than fifteen days after such hearing is requested. After the public
hearing, if one is requested, and after full consideration, the city commission, by a majority vote of its total
membership, may adopt a final resolution of removal. The city manager shall continue to receive full
salary until the effective date of a final resolution of removal.
Sec. 3.03. - Acting City Manager.
By administrative order filed with the city clerk, the city manager shall designate a city officer or
employee to exercise the powers and perform the duties of city manager during the manager's temporary
absence or disability. The city commission may revoke such designation at any time and appoint another
officer of the city to serve until the city manager returns.
Sec. 3.04. - Powers and Duties of the City Manager.
The city manager shall be the chief executive officer of the city, responsible to the commission for
the management of all city affairs placed in the manager's charge by or under this charter. The city
manager shall:
(1) Appoint and suspend or remove all city employees and appointive administrative officers
provided for by or under this charter, except as otherwise provided by law, this charter, or
personnel rules adopted pursuant to this charter. The city manager may authorize any
administrative officer subject to the manager's direction and supervision to exercise these
powers with respect to subordinates in that officer's department, office or agency;
(2) Direct and supervise the administration of all departments, offices, and agencies of the city,
except as otherwise provided by this charter or by law;
(3) Attend all city commission meetings unless excused. The city manager shall have the right to
take part in discussion but shall not vote;
(4) See that all laws, provisions of this charter, and acts of the city commission subject to
enforcement by the city manager or by officers subject to the manager's direction and
supervision are faithfully executed;
(5) Prepare and submit the annual budget and multi-year capital program to the city commission
for its approval, and execute the final budget approved by the commission to achieve the goals
of the city;
(6) Submit to the city commission and make available to the public a complete report on the
finances and administrative activities of the city as of the end of each fiscal year;
(7) Make such other reports as the city commission may require concerning operations;
(8) Keep the city commission fully advised as to the financial condition and future needs of the city;
(9) Make recommendations to the city commission concerning the affairs of the city and facilitate
the work of the city commission in developing policy;
(10) Provide staff support services for the mayor and commission members subject to the
provisions regarding the city clerk under §2.08;
(11) Assist the commission in developing long term goals for the city and strategies to implement
these goals;
(12) Encourage and provide staff support for regional and intergovernmental cooperation;
(13) Promote partnerships among commission, staff, and citizens in developing public policy and
building a sense of community;
(14) Perform such other duties as are specified in this charter or may be required by the city
commission;
(15) Prepare the commission agenda; and
(16) Appoint members of temporary advisory committees established by the city manager or the
city commission.
ARTICLE IV. - DEPARTMENTS, OFFICES AND AGENCIES[4]
Footnotes:
--- (4) ---
State Law reference— Officers and employees, MCA 7-4-101 et seq.
Sec. 4.01. - General Provisions.
(a) Creation of Departments. The city commission may establish city departments, offices, or agencies
in addition to those created by this charter and may prescribe the functions of all departments,
offices, and agencies. No function assigned by this charter to a particular department, office, or
agency may be discontinued or, unless this charter specifically so provides, assigned to any other.
(b) Direction by city manager. All departments, offices, and agencies under the direction and
supervision of the city manager shall be administered by an officer appointed by and subject to the
direction and supervision of the city manager. With the consent of commission, the city manager may
serve as the head of one or more such departments, offices, or agencies or may appoint one person
as the head of two or more of them.
Sec. 4.02. - Personnel System.
Consistent with all applicable federal and state laws, all appointments and promotions of city officers
and employees shall be made solely on the basis of merit and qualifications demonstrated by a valid and
reliable examination or other evidence of competence.
Sec. 4.03. - Legal Officer.
(a) Appointment. There shall be a legal officer of the city appointed by the city manager subject to
confirmation by the city commission.
(b) Role. The legal officer shall serve as chief legal adviser to the commission, the manager and all city
departments, offices and agencies, shall represent the city in all legal proceedings, and shall perform
any other duties prescribed by state law, by this charter, or by ordinance.
State Law reference— Office of city attorney, MCA 7-4-4601 et seq.
Sec. 4.04. - Land Use, Development, and Environmental Planning.
Consistent with all applicable federal and state laws with respect to land use, development, and
environmental planning, the city commission shall:
(1) Designate an agency or agencies to carry out the planning function and such decision-making
responsibilities as may be specified by ordinance;
(2) Adopt a comprehensive plan and determine to what extent zoning and other land use control
ordinances must be consistent with the plan;
(3) Determine to what extent the comprehensive plan and zoning and other land use ordinances
must be consistent with regional plan(s); and
(4) Adopt development regulations, to be specified by ordinance, to implement the plan.
The designated agency, the city manager, and the mayor and commission shall seek to act in
cooperation with other jurisdictions and organizations in their region to promote integrated approaches to
regional issues.
State Law reference— Land resources and use, MCA 76-1-101 et seq.
Sec. 4.05. - Municipal Court.
There shall be a municipal court as prescribed by state law.
State Law reference— Municipal courts, MCA 3-6-101 et seq.
Sec. 4.06. - Neighborhood Associations.
(a) Purpose. The citizens of Bozeman value the contribution neighborhoods can make to the
governance of the city. Therefore, it is the purpose of this article to strengthen neighborhood
participation where it exists, and to encourage and support neighborhood participation where it does
not yet exist.
(b) Recognition of neighborhood associations. The city commission shall establish by ordinance
minimum recognition requirements for neighborhood associations. These standards shall include,
but not be limited to:
(1) clear geographic boundaries;
(2) procedures for defining a resident for neighborhood association membership;
(3) adherence to established by-laws that ensure democratic deliberative and voting procedures;
(4) periodic meetings, including an annual meeting;
(5) copy of the by-laws and all amendments filed with the city;
(6) inclusion of all residents in the neighborhood association; and
(7) demonstrating that it has a means of communicating with all residents in a neighborhood
association.
(c) Minimum Standards. A neighborhood association must meet and continue to maintain conformity
with the minimum standards as established by ordinance in order to be recognized by the city and to
be eligible to elect members to the InterNeighborhood Council. Neighborhood associations existing
on the date of the enactment of this charter shall have one year after the enactment of said city
ordinance to come into compliance.
(d) InterNeighborhood Council. There is hereby established an InterNeighborhood Council to be
composed of representatives selected by each recognized neighborhood association.
(1) The InterNeighborhood Council shall provide a forum for Neighborhood Associations to come
together, share information, and make recommendations to the city commission, city staff, and
the mayor on city-wide issues. This does not preclude a neighborhood association from taking
its concerns directly to the city or the commission.
(2) The InterNeighborhood Council shall meet on a regular basis to address city-wide concerns
and foster dialogue between neighborhoods.
(3) The InterNeighborhood Council shall adopt by-laws governing the conduct of their business.
Such by-laws shall be approved by the city commission, or as designated by ordinance. A
vacancy on the InterNeighborhood Council shall be filled only by the affected neighborhood
association. The city may appoint a city commissioner as a non-voting member of the
InterNeighborhood Council.
(e) City Liaison. The City shall designate a staff member to serve as liaison to the InterNeighborhood
Council and neighborhood associations.
Sec. 4.07. - City Boards, Commissions and Committees.
Except for boards and commissions established by statute, the commission may create boards,
commissions, or committees as determined necessary. All city boards, commissions, or committees will
be established by the city commission and members appointed by the commission and the mayor, when
so required by law, following a public solicitation through the newspaper advertised not less than twice
annually. Between public solicitations for members, appointments may be made to fill unexpected
vacancies or vacancies not filled through the last round of advertisements from those applications on file
as of the date of appointment. Subcommittees of existing boards, commissions, or committees may be
appointed by the city commission without the necessity of public solicitation. The commission may
authorize the city manager to establish ad hoc special commissions for specific purposes without public
advertisement. Except where prohibited by law, the terms on all boards shall be staggered.
ARTICLE V. - FINANCIAL MANAGEMENT[5]
Footnotes:
--- (5) ---
State Law reference— Financial administration and taxation, MCA 7-6-101 et seq.; debt management,
MCA 7-7-101 et seq.
Sec. 5.01. - Fiscal Year.
The fiscal year of the city shall begin on the first day of July and end on the last day of June, or as
otherwise provided by state law.
Sec. 5.02. - Submission of Budgets and Budget Message.
The city manager shall submit to the city commission a preliminary budget for the ensuing fiscal year
and an accompanying message and a final budget, both in a timely manner. The publication requirements
must conform to the provisions of state law for a municipality and be available electronically.
Sec. 5.03. - Budget Message.
The city manager's message shall explain the budget both in fiscal terms and in terms of the work
programs, linking those programs to organizational goals and community priorities. It shall outline the
proposed financial policies of the city for the ensuing fiscal year and the impact of those policies on future
years. It shall describe the important features of the budget; indicate any major changes from the current
year in financial policies, expenditures, and revenues together with the reasons for such changes;
summarize the city's debt position, including factors affecting the ability to raise resources through debt
issues; and include such other material as the city manager deems desirable.
Sec. 5.04. - Budget.
(a) Statutory Provisions. The preliminary annual operating budget, the final budget, and amended
budgets must be prepared in accordance with state laws governing municipal budgets as then in
effect.
(b) Unreserved Fund Balance. A minimum level of budgeted general fund unreserved fund balance
shall be established by ordinance and shall be in accordance with the GFOA (Government Finance
Officers Association) recommended practice on appropriate levels of unreserved fund balance in the
general fund. This provision does not limit appropriations in case of emergency pursuant to state law.
Sec. 5.05. - Adjusting Appropriations.
(a) Reduction of Appropriations. In addition to the requirements of state law, if at any time during the
fiscal year it appears probable to the city manager that the revenues or fund balances available will
be insufficient to finance the expenditures for which appropriations have been authorized, the
manager shall report to the city commission without delay, indicating the estimated amount of the
deficit, any remedial action taken by the manager, and recommendations as to any other steps to be
taken. The commission shall then take such further action as it deems necessary to prevent or
reduce any deficit and, for that purpose, it may by ordinance reduce or eliminate one or more
appropriations.
(b) Transfer of Appropriations. In addition to the requirements of state law, at any time during or before
the fiscal year, the city commission may by resolution transfer part or all of the unencumbered
appropriation balance from one department, fund, service, or organizational unit to the appropriation
for other departments or organizational units or a new appropriation as provided by state law. The
city manager may transfer funds among programs within a department, fund, service, or
organizational unit and shall report such transfers to the commission in writing in a timely manner.
(c) Limitation; Effective Date. In addition to the requirements of state law, no appropriation for debt
service may be reduced or transferred, except to the extent that the debt is refinanced and less debt
service is required, and no appropriation may be reduced below any amount required by law to be
appropriated or by more than the amount of the unencumbered balance thereof. The supplemental
and emergency appropriations and reduction or transfer or appropriations authorized by this section
may be made effective immediately upon adoption.
Sec. 5.06. - Administration and Fiduciary Oversight of the Budget.
The city commission shall provide by ordinance the procedures for administration and fiduciary
oversight of the budget.
Sec. 5.07. - Capital Program.
(a) Submission to City Commission. The city manager shall prepare and submit to the city commission
a multi-year capital program no later than December 15 for the ensuing fiscal year.
(b) Contents. The capital program shall include:
(1) A clear general summary of its contents;
(2) Identification of the long-term goals of the community;
(3) A list of all capital improvements and other capital expenditures which are proposed to be
undertaken during the fiscal years next ensuing, with appropriate supporting information as to
the necessity for each;
(4) Cost estimates and recommended time schedules for each improvement or other capital
expenditure;
(5) Method of financing upon which each capital expenditure is to be reliant;
(6) The estimated annual cost of operating and maintaining the facilities to be constructed or
acquired;
(7) A commentary on how the plan addresses the sustainability of the community and the region of
which it is a part; and
(8) Methods to measure outcomes and performance of the capital plan related to the long-term
goals of the community.
The above shall be revised and extended each year with regard to capital improvements still pending or
in process of construction or acquisition.
Sec. 5.08. - City Commission Action on Capital Program.
(a) Notice and Hearing. The city commission shall publish the general summary of the capital program
and a notice stating:
(1) The times and places where copies of the capital program are available for inspection by the
public, and
(2) The time and place, not less than two weeks after such publication, for a public hearing on the
capital program.
(b) Adoption. The city commission by resolution shall adopt the capital program for the ensuing fiscal
year, with or without amendment after the public hearing, but no later than the last day of March of
the current fiscal year.
Sec. 5.09. - Independent Audit.
The city commission shall provide for an independent annual audit of all city accounts in accordance
with state law and may provide for more frequent audits as it deems necessary. No accountant or firm
may provide any other services to the city during the time it is retained to provide independent audits to
the city; however, the city commission may waive this requirement by a majority vote at a public meeting.
ARTICLE VI. - ELECTIONS[6]
Footnotes:
--- (6) ---
State Law reference— Elections, MCA 13-1-101 et seq.
Sec. 6.01. - City Elections.
(a) Regular Elections. Regular city elections shall be held and administered in odd numbered years,
pursuant to state law. Candidates shall run for office without party designation.
(b) Beginning of term. The terms of new commission members shall start at the beginning of the first
regularly scheduled meeting in January after their election.
Sec. 6.02. - Methods of Electing Commission Members.
At the first election under this charter, commission members shall be elected at large for four-year
terms. The mayor shall be elected pursuant to §2.03(b).
Sec. 6.03. - Initiative; Citizen Referendum, and Recall.
The powers of initiative, citizen referendum, and recall are hereby reserved to the electors of the city
as provided by state law. In verifying petitions for initiatives and referendums, the percentage of
signatures required under state law shall be reduced in proportion to the number of inactive registered
voters as most recently certified by the county election administrator pursuant to state law.
ARTICLE VII. - GENERAL PROVISIONS
Sec. 7.01. - Conflicts of Interest; Board of Ethics.
(a) Conflicts of Interest. The use of public office for private gain is prohibited. The city commission shall
implement this prohibition by ordinance, the terms of which shall include, but not be limited to: acting
in an official capacity on matters in which the official has a private financial interest clearly separate
from that of the general public, the acceptance of gifts and other things of value, acting in a private
capacity on matters dealt with as a public official, the use of confidential information, and
appearances by city officials before other city agencies on behalf of private interests. This ordinance
shall include a statement of purpose and shall provide for reasonable public disclosure of finances by
officials with major decision-making authority over monetary expenditures and contractual and
regulatory matters and, insofar as permissible under state law, shall provide for fines and
imprisonment for violations.
(b) Board of Ethics. The city commission shall, by ordinance, establish an independent board of ethics
pursuant to state law. The city commission shall appropriate sufficient funds to the city manager to
provide annual training and education of city officials, city boards, and employees regarding the state
and city ethics codes. City officials, board members, and employees shall take an oath to uphold the
state and city ethics codes.
State Law reference— Code of ethics, MCA 2-2-101 et seq.
Sec. 7.02. - Campaign Finance.
In order to combat the potential for, and appearance of, corruption and to preserve the ability of all
qualified citizens to run for public office, the city shall, insofar as is permitted by state and federal law,
have the authority to enact ordinances designed to limit contributions and expenditures by candidates for
locally elected office. Ordinances pursuant to this section may include, but are not limited to: limitations
on candidate and candidate committees that affect the amount, time, place, and source of financial and
in-kind contributions; and voluntary limitations on candidate and candidate committee expenditures tied to
financial or non-financial incentives.
ARTICLE VIII. - CHARTER AMENDMENT[7]
Footnotes:
--- (7) ---
State Law reference— Amendment of charter, MCA 7-3-709.
Sec. 8.01. - Proposal of Amendment.
Amendments to this charter may be framed and proposed:
(1) In the manner provided by state law, or
(2) By ordinance of the commission containing the full text of the proposed amendment, or
(3) By report of a study commission created pursuant to state law, or
(4) By voters of the city. Proposal of an amendment by the voters of the city shall be by petition
containing the full text of the proposed amendment and shall be governed by the same
procedures and requirements prescribed in Article VI for initiative petitions until such time as a
final determination as to the sufficiency of the petition is made, except that there shall be no
limitation as to subject matter and that the petition must be signed by registered voters of the
city equal to that required by state law. In verifying petitions, the percentage of required
signatures shall be reduced pursuant to §6.03, above.
Sec. 8.02. - Election.
Upon delivery to the election authorities of the report of a charter commission or delivery by the city
clerk of an adopted ordinance or a petition finally determined sufficient, proposing an amendment
pursuant to §8.01, or as otherwise provided by state law, the election authorities shall submit the
proposed amendment to the voters of the city at an election, pursuant to state law.
Sec. 8.03. - Adoption of Amendment.
If a majority of those voting upon a proposed charter amendment vote in favor of it, the amendment
shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its
adoption by the voters.
ARTICLE IX. - TRANSITION AND SEVERABILITY
Sec. 9.01. - Officers, Employees and Elected Officials.
(a) Rights and Privileges Preserved. Nothing in this charter except as otherwise specifically provided,
shall affect or impair the rights or privileges of persons who are city officers or employees at the time
of its adoption.
(b) Continuance of Office or Employment. Except as specifically provided by this charter if, at the time
this charter takes full effect, a city administrative officer or employee holds any office or position
which is or can be abolished by or under this charter, he or she shall continue in such office or
position until the taking effect of some specific provision under this charter directing that he or she
vacate the office or position. Elected officials serving at the time this charter is approved by the
voters shall continue in office for the balance of their term.
(c) Personnel System. An employee holding a city position at the time this charter takes full effect, who
was serving in that same or a comparable position at the time of its adoption, shall not be subject to
competitive tests as a condition of continuance in the same position but in all other respects shall be
subject to the personnel system provided for in §4.02.
Sec. 9.02. - Pending Matters.
All rights, claims, actions, orders, contracts, and legal administrative proceedings shall continue
except as modified pursuant to the provisions of this charter and in each case shall be maintained, carried
on, or dealt with by the city department, office, or agency appropriate under this charter.
Sec. 9.03. - State and Municipal Laws.
All city ordinances, resolutions, orders, and regulations in force when this charter becomes fully
effective shall be updated to conform with this charter pursuant to state law. Any ordinance or resolution
required to be established pursuant to this charter shall be completed as required by state law.
Sec. 9.04. - Schedule.
(a) Mayor Election. Section 2.03(b) shall take effect with the 2007 city election, with said mayor being
seated after serving as deputy mayor at the beginning of the first commission meeting in January,
2010.
(b) Referendum on Increasing the Commission. At the general election in 2010, the city commission
shall place before the voters, with conforming charter amendments, the issue of adding two
members to the city commission. Should the voters approve said increase, said commission
members shall be elected during the regular city election in 2011 and seated at the first regular
commission meeting in January 2012.
(c) Time of Taking Full Effect. The charter shall be in full effect for all purposes pursuant to the
schedule established by state law.
Sec. 9.05. - Severability.
If any provision of this charter is held invalid, the other provisions of the charter shall not be affected.
If the application of the charter or any 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.
ARTICLE 2. - CITY COMMISSION[2]
Footnotes:
--- (2) ---
State Law reference— A local government with self-government powers is subject to state laws
establishing legislative procedures or requirements, MCA 7-1-114(1)(c); local government ordinances,
resolutions, and initiatives and referendum, MCA 7-5-101 et seq.; office of city council member, MCA 7-4-
4401 et seq.; conduct of municipal government, MCA 7-5-4101 et seq.
Sec. 2.02.010. - Oath of office.
Every person elected commissioner shall, within ten days thereafter, file with the city clerk an oath of
office which the clerk shall then file with the county clerk and recorder.
(Code 1982, § 2.04.010; Ord. No. 1100, § 1, 1982; Ord. No. 1727, § 1(2.04.010), 12-3-2007;
Ord. No. 1757, § 1(2.04.010), 2-23-2009; Ord. No. 1807, § 2(2.04.010), 5-9-2011)
Sec. 2.02.020. - Mayor and deputy mayor; powers and duties.
The presiding officer of the commission shall be the mayor. During the absence of the mayor, the
deputy mayor shall discharge the duties and exercise the powers and authority of the mayor. The
presiding officer shall preserve strict order and decorum at all meetings of the commission and confine
members in debates to the question under consideration. The presiding officer may assign each
commissioner to a seat at the commission table as the presiding officer deems advisable. Upon passing
the gavel, the presiding officer may move or second any item of business then before the commission.
The presiding officer shall state, or cause to be stated, every motion coming before the commission,
announce the decision of the commission on all subjects, and decide all questions of order, subject,
however, to an appeal to the commission, in which event a majority vote of the commission shall govern
and conclusively determine such question of order. The presiding officer shall vote on all questions with
the presiding officer's name being called last. The mayor shall sign all ordinances and resolutions
adopted by the commission during the mayor's presence. In the event of the absence of the mayor, the
deputy mayor or presiding officer shall sign ordinances or resolutions as then adopted.
(Code 1982, § 2.04.030; Ord. No. 1727, § 1(2.04.030), 12-3-2007; Ord. No. 1757, § 1(2.04.030),
2-23-2009; Ord. No. 1807, § 3(2.04.020), 5-9-2011)
Sec. 2.02.030. - City clerk.
The city clerk shall, pursuant to section 2.02.130, record all meetings of the commission and shall
create minutes of the proceedings of the commission and shall maintain all files and records, including
the record of all ordinances and resolutions, and perform such other duties as may be required by
ordinance or resolution or order of the commission, and the city clerk shall be the custodian of the
corporate seal of the city.
(Ord. No. 1727, § 1(2.04.060), 12-3-2007; Ord. No. 1757, § 1(2.04.060), 2-23-2009; Ord. No.
1807, § 4(2.04.030), 5-9-2011)
Sec. 2.02.040. - Parliamentary authority.
Unless otherwise specifically provided herein or provided by statute, all meetings and hearings of the
commission shall be conducted in accordance with this article. In all cases not covered by this article, the
controlling parliamentary authority shall be the latest edition of Robert's Rules of Order, Newly Revised.
(Ord. No. 1727, § 1(2.04.100), 12-3-2007; Ord. No. 1757, § 1(2.04.100), 2-23-2009; Ord. No.
1807, § 5(2.04.040), 5-9-2011)
Sec. 2.02.050. - Meeting agendas.
A. All reports, communications, ordinances, resolutions, contract documents or other matters to be
submitted to the commission shall be submitted to the city clerk no later than 5:00 p.m. on the
Thursday immediately preceding the next scheduled commission meeting; provided, however, the
city manager may approve late submittals deemed to be in the city's best interest, but only if the
items are provided to the commission and made available to the public at least 48 hours prior to the
scheduled meeting time, excepting items of an emergency nature. The city clerk, the mayor, and the
city manager shall arrange a list of such matters according to the order of business specified herein,
and furnish each member of the commission, the city manager, city attorney and the public through
the city's website with a copy of the agenda and all supporting information no later than 48 hours
immediately preceding the commission meeting for which that item has been scheduled. Copies of
the agenda shall be available from the city clerk and one copy shall be posted at the designated
posting board in the city hall for public viewing and made available on the city's website. Pursuant to
MCA 7-1-4135, the city commission designates as its official posting place the posting board in the
lobby of city hall located at 121 North Rouse, Bozeman, Montana.
B. The city manager shall prepare the commission regular meeting agenda and shall consult with the
mayor in preparing the agenda. The mayor or any three commissioners may add to or remove an
item from the agenda. The agenda shall be in substantially the following form:
1. Executive session (if required).
2. Pledge and moment of silence.
3. Changes to the agenda (if required).
4. Public service announcement (if required).
5. Approval of minutes.
6. Consent items (consent items are those which staff considers no discussion is necessary,
including resolutions. However, at the beginning of each meeting, any commissioner may
request items be removed from the consent agenda for the purpose of discussion.
7. Public comment.
8. Special presentations (if required).
9. Action items.
10. FYI/discussion.
11. Adjournment.
The order of the above may be adjusted by the presiding officer.
(Ord. No. 1727, § 1(2.04.110), 12-3-2007; Ord. No. 1757, § 1(2.04.110), 2-23-2009; Ord. No.
1807, § 6(2.04.050), 5-9-2011)
Sec. 2.02.060. - Call to order.
The mayor, or in the mayor's absence, the deputy mayor, shall take the chair precisely at the hour
appointed for the meeting and shall immediately call the commission to order. In the absence of the
mayor or deputy mayor, the city clerk shall call the commission to order, whereupon a temporary
presiding officer shall be elected by the members of the commission present. Upon the arrival of the
mayor or deputy mayor, the temporary presiding officer shall relinquish the chair upon the conclusion of
the agenda item immediately pending before the commission. The city clerk shall enter the names of
those commissioners present in the minutes.
(Ord. No. 1727, § 1(2.04.130), 12-3-2007; Ord. No. 1757, § 1(2.04.120), 2-23-2009; Ord. No.
1807, § 7(2.04.060), 5-9-2011)
Sec. 2.02.070. - Meetings.
A. General/regular meetings.
1. The city commission shall hold a regular meeting on each of the first four Mondays of every
month. The city commission may hold a regular meeting on the fifth Monday of the month. The
commission shall meet in regular session from 6:00 p.m. to no later than 10:00 p.m. in the City
Commission Room, City Hall, 121 North Rouse Avenue, or in an alternative location as duly
noticed to the public. However, when the day affixed for any regular meeting of the commission
falls upon a day designated by law as a legal or national holiday, such meeting may be
scheduled at the same hour on the next succeeding day not a holiday or the meeting may be
canceled by the commission.
2. The meeting may be extended beyond the time specified in subsection A.1 of this section by the
mayor or a majority vote of the members of the commission should additional matters remain on
the commission agenda.
3. Any meeting of the commission may be adjourned to a later date and time, provided that no
adjournment shall be for a longer period than until the next regular or specially scheduled
meeting.
4. The mayor or majority of the commission may cancel a regular meeting if no business is
scheduled for that meeting.
B. Public hearings.
1. Public hearings are meetings of the commission required to be held as a public hearing
pursuant to law. The provisions of subsection A of this section apply to public hearings.
2. Unless prohibited by law, a public hearing may be rescheduled or adjourned to a later date and
time.
C. Executive sessions. Executive sessions are meetings of the commission with the purpose to discuss
litigation strategy, a matter of individual privacy, or other matters wherein a meeting may be closed
pursuant to law and will be scheduled as needed. Although each executive session will commence
as an open public meeting, executive sessions may be closed to the public pursuant to authority and
limitations in MCA 2-3-201 et seq. An executive session may be called at any time during any
meeting if authorized by law.
D. Work or policy sessions. Work or policy sessions are meetings of the commission to review
forthcoming issues of import to the city and programs of the city, receive progress reports on current
programs or projects, view sites or community projects of interest, or receive other similar
information from the city manager and staff. All discussions and conclusions thereon shall be
informal and no final action may be taken, but the commission may give direction to staff regarding
items to be scheduled for a future action. Work or policy sessions provide an informal setting for
discussion of topics for which no formal action is immediately required. At the commission's
discretion, public comment may be received during the work or policy session. The commission work
or policy sessions may be scheduled as needed and may be held during a regular meeting. The
commission is not bound by Robert's Rules of Order during work or policy sessions.
E. Optional concept reviews. The commission may, at the request of a landowner, developer or other
interested party considering the future submittal of a land use development application, conduct a
concept review. Concept review is an initial, informal exchange of ideas prior to formal submittal of a
land use development application. The commission's decision on any subsequently submitted formal
application will be based on staff findings, the applicable criteria, applicant presentation, evidence
submitted and public testimony provided at a regular meeting or public hearing. A final decision
regarding any item discussed during a concept review may not be based on information provided
during the concept review. Formal public comment will be received during review of a formal
application; however, the commission may, at its discretion, accept questions and written comment
from the public during the concept reviews. The commission is not bound by Robert's Rules of Order
during concept reviews.
F. Optional post mortem reviews. Post mortem review is a review by the commission of a previous
decision but is not a reconsideration of a previous item. Following action on any matter, the
commission may request a post mortem review to be scheduled at a subsequent meeting to
determine if revisions to code provisions or other procedural changes are needed to address
concerns raised during consideration of the particular agenda item. The commission is not bound by
Robert's Rules of Order during optional post mortem reviews.
G. Special meetings. The mayor, any two members of the commission, or the city manager may call
special meetings of the commission, upon at least 48 hours' notice to each member of the
commission and give notice to the public by, at a minimum, posting an agenda on the city's website,
or personally served on each member or left at his usual place of residence.
H. Emergency meetings. In the event of an emergency situation, such as a storm, fire, explosion,
community disaster, insurrection, act of God, or other potential destruction or impairment of city
property or business that affects the health and safety of the residents, employees or the functions of
the city, a meeting may be convened by a majority of the commission directing the city manager to
schedule a meeting without adhering to 48-hour time limit. The city clerk shall use reasonable efforts
to inform the public of the emergency meeting.
(Code 1982, § 2.04.040; Ord. No. 1100, § 5, 1982; Ord. No. 1537, § 3, 5-29-2001; Ord. No.
1654, § 2, 11-21-2005; Ord. No. 1727, § 1(2.04.040), 12-3-2007; Ord. No. 1737, § 1, 1-28-2008;
Ord. No. 1737, § 1, 1-28-2008; Ord. No. 1757, § 1(2.04.040), 2-23-2009; Ord. No. 1807, §
8(2.04.070), 5-9-2011)
State Law reference— Open meetings, MCA 2-3-201 et seq.
Sec. 2.02.080. - Order of presentation/public participation.
A. The order of presentation in which items are presented to the commission shall be as follows:
1. The city manager shall present an agenda item to the commission.
2. The city staff may present a background report on the matter for discussion. Upon conclusion of
a staff report, commissioners may ask questions of staff for the purposes of understanding and
clarification. If the agenda item is a public hearing, the presiding officer will open the public
hearing prior to staff presentation.
3. If applicable, comments from the applicant, or his agent, shall be heard by the commission. The
applicant's presentation/testimony is limited, subject to the discretion of the presiding officer, to
ten minutes.
4. After being recognized by the presiding officer, a commissioner may direct questions to the staff
or applicant.
5. Members of the audience or their agents may be invited to present testimony or evidence. To be
recognized, each person desiring to give testimony or evidence shall step to the podium and,
after being recognized, give their name and address for the record. The audience
presentation/testimony is limited to three minutes per speaker. The presiding officer may
lengthen or shorten the time allotted for public testimony.
6. After being recognized by the presiding officer, a commissioner may direct questions to any
person so testifying for purposes of clarification.
7. Following public comment, staff shall be given the opportunity to comment on any testimony or
other evidence.
8. Following staff comment, and if a public hearing, the applicant will be given the opportunity to
rebut or comment on any testimony or other evidence. The applicant's comments and rebuttal
are limited, subject to the discretion of the presiding officer, to five minutes.
9. If a public hearing, following applicant rebuttal and any further questions, the presiding officer
will close the hearing and bring the agenda item to the dais for discussion, motion and vote.
10. If a public hearing, after being recognized by the presiding officer, a commissioner may direct
questions limited to the rebuttal testimony and evidence.
11. The city clerk shall enter into the record all correspondence that has been received but was not
yet provided to the commission.
12. The commission may continue the discussion to a date certain, close discussion and vote on
the matter, or close the discussion and continue the vote to a date certain.
13. The commission, upon the request of a commissioner who is to be absent from a meeting at
which a public hearing on a particular item of interest is scheduled, may reschedule the public
hearing until a full commission is present, unless precluded from doing so due to statutory time
constraints.
B. All testimony and evidence shall be directed to the presiding officer. No person, other than a
commissioner and the person recognized as having the floor shall be permitted to enter into the
discussion. No questions shall be asked of a commissioner except through the presiding officer.
C. The commission may ask staff for its recommendation.
D. If a public hearing, in the event the applicant does not appear at the scheduled time and place,
unless the applicant has waived the applicant's appearance in writing, and which waiver has been
accepted by the commission, or unless the matter is submitted as a consent item, the matter shall be
continued to the next available regular meeting, public hearing date, or other date certain.
E. For all public hearings involving land use and annexation decisions, the commission will wait a
minimum of one week before making a decision whenever requested by a member of the
commission, unless a decision is required due to a statute, ordinance or other law.
F. Commissioners are urged to state the reasons for their decisions, particularly on land use issues.
The record must reflect findings regarding legal criteria for all quasi-judicial decisions.
G. Witnesses may be required to testify under oath.
H. The commission shall not be bound by the strict rules of evidence and may exclude irrelevant,
immaterial, incompetent or unduly repetitious testimony or evidence.
I. The presiding officer shall rule on all questions relating to the admissibility of evidence with advice
from the city attorney, which ruling may be overruled by a majority vote of the commission.
J. A public hearing which has been formally closed for all public input may not be reopened and no
additional evidence or testimony from the public shall be received or considered except as provided
herein. If additional information is required from the public before a decision can be made, the
commission, upon motion duly made, seconded and passed, may call for an additional public
hearing which hearing shall be noticed as required by law, specifying date, time place and subject
matter of hearing. This subsection does not preclude the commission, after the public hearing, from
asking questions of staff, receiving additional evidence from staff or, after a hearing held on a
preliminary plat, pursuant to MCA 76-3-101 et seq., from consulting the subdivider about conditions
or other mitigation required of the subdivider. Upon decision by the presiding officer or upon a duly
adopted motion of the commission to reopen the public hearing prior to close of the agenda item in
which the hearing was held, the requirement to provide public notice does not apply; the public
hearing may be reopened and the additional input provided prior to a final decision on the item.
(Ord. No. 1727, § 1(2.04.180), 12-3-2007; Ord. No. 1757, § 1(2.04.170), 2-23-2009; Ord. No.
1807, § 9(2.04.080), 5-9-2011)
Sec. 2.02.090. - Quorum and voting.
A quorum shall consist of three commissioners. If a quorum is not present, those in attendance shall
be named and shall adjourn to a later time. The city clerk shall reduce motions to writing and, upon
request, the city clerk shall read the motion prior to the vote. The affirmative vote of three commissioners
shall be necessary to adopt or reject any motion, resolution or ordinance, or pass or fail any measure
unless a greater number may be required by law. Upon every vote, the ayes and nays shall be called and
recorded. A commissioner has an obligation to vote unless there is a conflict of interest. In the event of a
tie vote a commissioner is required to vote after disclosing the conflict of interest pursuant to section
2.02.100.E.
(Ord. No. 1727, § 1(2.04.150), 12-3-2007; Ord. No. 1757, § 1(2.04.140), 2-23-2009; Ord. No.
1807, § 10(2.04.090), 5-9-2011)
Sec. 2.02.100. - Rules of debate; reconsideration; conflict of interest.
A. Every commissioner desiring to speak shall address the presiding officer, and, upon recognition by
the presiding officer, shall confine discussion to the question under debate, avoiding all personalities
and indecorous language.
B. A commissioner, once recognized, shall not be interrupted when speaking unless the commissioner
is to be called to order, or as herein otherwise provided. If a commissioner, while speaking, is called
to order, the commissioner shall cease speaking until the question of order is determined, and, if in
order, the commissioner shall be permitted to proceed.
C. Order of rotation in matters of debate or discussion shall be at the discretion of the presiding officer.
D. Reconsideration of previous commission action. A motion to reconsider any action taken by the
commission must be made on the day such action was taken. It must be made either immediately
during the same session, or at a recessed and reconvened session thereof. Such motion shall be
made by a commissioner of the prevailing side, but may be seconded by any commissioner, and
may be made at any time and have precedence over all other motions or while a commissioner has
the floor. It shall be debatable. Nothing herein shall be construed to prevent any commissioner from
making or remaking the same or any other motion at a subsequent meeting of the commission, but
the matter must be duly scheduled as an agenda item.
E. Conflict of interest. A commissioner may rely upon the advice of the city attorney as to whether the
commissioner has a conflict of interest pursuant to law. If the commissioner is advised there is a
conflict of interest, the commissioner shall recuse himself or herself, step off the dais, and refrain
from discussion and vote except when the commissioner's participation is necessary to obtain a
quorum or otherwise enable the commission to act. In such a case, the commissioner shall disclose
the interest creating the appearance of impropriety and comply with the disclosure requirements of
MCA 2-2-101 et seq., prior to performing the official act.
F. After a motion, duly made and seconded, by the commission, no person shall address the
commission without first securing the permission of the presiding officer.
(Ord. No. 1727, § 1(2.04.170), 12-3-2007; Ord. No. 1757, § 1(2.04.160), 2-23-2009; Ord. No.
1807, § 11(2.04.100), 5-9-2011)
Sec. 2.02.110. - Open meetings and email.
A. Except for properly called executive sessions as permitted by state law, all meetings of the city
commission shall be open to the public and media, freely subject to recording by radio, television and
photography at any time, provided that such arrangements do not interfere with the orderly conduct
of the meetings.
B. A majority of the commission shall not conduct synchronized email discussions involving a matter
over which the commission has supervision, control, jurisdiction, or advisory power. Synchronized
email discussions are email exchanges among three or more commissioners within minutes of each
other that create the quality of simultaneity similar to instant messaging or chat room discussions.
Such discussions are characterized as an active exchange of information rather than the passive
receipt of information. An example of synchronized email discussion would be three commissioners
sitting at their computers and instantly exchanging emails concerning city business, whereas a
passive receipt of information is where a commissioner receives an email and responds in the
normal course of time similar to responding by letter received in the mail. The commission shall not
view emails or other electronic communication mechanisms concerning any matter on the agenda
during a city commission meeting unless the submission is part of a specifically approved and
adopted electronic public testimony program. Electronic communication mechanisms include text
messaging or any other emerging technology that violates the spirit of open meeting laws. This does
not preclude viewing emails or electronic communication mechanisms that were received prior to the
commission meeting. Emails received by commissioners concerning an agenda item shall be
forwarded to the city clerk and retained in accordance with the city's retention policy.
(Ord. No. 1727, § 1(2.04.120), 12-3-2007; Ord. No. 1757, § 1(2.04.110), 2-23-2009; Ord. No.
1807, § 12(2.04.110), 5-9-2011)
Sec. 2.02.120. - Decorum.
A. While the commission is in a session, the commissioners must preserve order and decorum, and a
commissioner shall neither, by conversation or otherwise, delay or interrupt the proceedings or the
peace of the commission nor disturb any member while speaking or refuse to obey the orders of the
commission or its presiding officer.
B. Any person making personal, impertinent or slanderous remarks or who shall become boisterous
while addressing the commission may be barred from further audience with the commission by the
presiding officer, unless permission to continue be granted by a majority vote of the commission.
C. The commission shall not debate, in a heated or argumentative manner, with a member of the public
presenting testimony during a meeting.
D. Speakers shall only address the agenda item before the commission. Any person speaking on an
agenda item not before the commission may be called out of order.
(Ord. No. 1727, § 1(2.04.190), 12-3-2007; Ord. No. 1757, § 1(2.04.180), 2-23-2009; Ord. No.
1807, § 13(2.04.120), 5-9-2011)
Sec. 2.02.130. - Recording of meetings and minutes; televising of meetings.
A. Minutes of all meetings shall be recorded. All meetings of the commission shall be electronically
recorded and the recording shall constitute the official record of the commission meeting. The city
clerk shall prepare a summary of all meetings from the recording to be known as the "minutes" which
shall be maintained by the clerk and approved by the commission. It shall not be necessary to
formally read the minutes prior to approval. Such minutes may be revised by the city clerk to correct
spelling, numbering and other technical defects. Prior to approval, any commissioner may, through
the mayor or the clerk, request the privilege of amending or correcting the minutes to accurately
reflect the substance of the prior meeting. If objection is made by any commissioner to such
amendment or correction, a majority vote of the commission shall be necessary for adoption of the
correction or amendment. The audio or video recording may not be amended.
B. Executive session minutes.
1. Executive sessions shall be recorded and minutes prepared by the city clerk. The commission
shall approve the minutes of an executive session in open session; provided, however, that any
discussion concerning the contents of the minutes, prior to approval, shall be conducted in
executive session. The city clerk will distribute the draft executive session minutes to the
commission in a manner that ensures and retains confidentiality.
2. Following approval of executive session minutes by the commission, the city clerk shall forward
all executive session minutes to the city attorney. The city attorney shall review these minutes,
determining which, if any, can be released to the public in whole or in part, and advise the city
clerk. If the city attorney determines any minutes from an executive session may be released,
the city clerk shall then present a resolution to the commission for adoption releasing the
executive session minutes, in whole or in part. Those executive session minutes to be released
shall be designated by subject matter. Upon adoption of the resolution, those minutes or
portions of minutes approved for release shall be available for public inspection.
3. If a member of the public requests from the city clerk access to executive session minutes not
yet released to the public as set forth above, the requestor shall submit a public records request
to the city clerk. The city clerk shall consult with the city attorney on the subject matter as
requested. The city attorney shall advise the city clerk if the minutes can be released in
complete or redacted form. If approved for release by the city attorney, a resolution releasing
either a complete or redacted minutes shall be presented to the city commission for adoption at
their next regularly scheduled meeting. Upon adoption of the resolution by the city commission,
the minutes shall be released to the public as authorized.
C. Televising and broadcasting of meetings. Unless the city commission determines televising or
webcasting of a meeting is impracticable, all meetings of the city commission shall be televised and
webcast. Meetings of the commission closed to the public pursuant to law shall not be televised or
webcast.
(Ord. No. 1727, § 1(2.04.160), 12-3-2007; Ord. No. 1757, § 1(2.04.150), 2-23-2009; Ord. No.
1807, § 14(2.04.130), 5-9-2011)
Sec. 2.02.140. - Ordinances and resolutions; requirements.
A. Each proposed ordinance or resolution shall be introduced in writing and shall not contain more than
one comprehensive subject, which shall be clearly stated in its title, except ordinances for the
codification and revision of ordinances and general appropriation ordinances which may contain the
various subjects and accounts for which monies are to be appropriated. An ordinance must be
adopted at two meetings of the commission not less than 12 days apart. Every ordinance or
resolution passed by the commission shall be filed immediately with the city clerk. The enacting
clause of all ordinances passed by the city commission shall be:
"Be it ordained by the City Commission of the City of Bozeman."
B. All ordinances shall be in effect from, and after, 30 days from the date of their passage by the
commission, except as otherwise provided by law. All resolutions are immediately effective unless a
delayed effective date is specified in the resolution.
C. The commission may, by an affirmative vote of four-fifths of its members, pass emergency measures
to take effect at the time indicated therein. An emergency measure is an ordinance or resolution for
the immediate preservation of the public peace, property, health, or safety, or providing for the usual
daily operation of a municipal department, in which the emergency is set forth and defined in a
preamble thereto.
D. Every ordinance or resolution passed by the commission shall be signed by the mayor or two
members, attested and filed by the city clerk.
E. After a resolution is adopted, an ordinance is provisionally adopted, or an ordinance is finally
adopted, the city clerk shall make a copy available to the public through the city's website. For
provisional and final adoption of ordinances, the city clerk shall publish a notice of passage in a
newspaper of general circulation.
(Code 1982, § 2.04.090; Ord. No. 1100, § 6, 1982; Ord. No. 1381, § 1, 1994; Ord. No. 1537, § 6,
5-29-2001; Ord. No. 1727, § 1(2.04.090), 12-3-2007; Ord. No. 1757, § 1(2.04.090), 2-23-2009;
Ord. No. 1807, § 15(2.04.140), 5-9-2011)
Sec. 2.02.150. - Salaries for mayor and commissioners.
The salary of each commissioner shall be established by ordinance, and the salary of the
commissioner acting as mayor shall be 1½ times that of the other commissioners.
(Code 1982, § 2.04.070; Ord. No. 1075, §§ 1, 2, 1981; Ord. No. 1093, §§ 1, 2, 1982; Ord. No.
1100, § 4, 1982; Ord. No. 1569, §§ 1—3, 8-12-2002; Ord. No. 1727, § 1(2.04.070), 12-3-2007;
Ord. No. 1757, § 1(2.04.070), 2-23-2009; Ord. No. 1807, § 16(2.04.150), 5-9-2011)
Sec. 2.02.160. - Boards, commissions, agencies and committees.
A. In addition to boards, agencies, committees, and commissions established by law, the commission
may create boards, commissions, agencies, or committees as determined necessary for the conduct
of the city's business.
B. All boards, commissions, agencies, or committees of the city will be established by the commission
and members appointed following a public solicitation posted not less than twice annually. Between
public solicitations for members, appointments may be made to fill unexpected vacancies or
vacancies not filled through the last round of advertisements from those applications on file as of the
date of appointment. Subcommittees of existing boards, commissions or committees may be
appointed by the city commission without the necessity of public solicitation. Members shall be
appointed by a majority of the commission for all appointments made by the city commission. In the
case of statutorily authorized mayoral appointments, the mayor shall seek the concurrence of at least
two other commissioners.
C. The authority to vote despite a conflict included in section 2.02.100.E shall not apply to any
appointed board, commission, agency, or committee.
D. All quasi-judicial boards shall have governing rules of procedure to be approved by the commission,
and said rules shall be in substantial conformance with law and this article.
(Ord. No. 1727, § 1(2.04.200), 12-3-2007; Ord. No. 1757, § 1(2.04.190), 2-23-2009; Ord. No.
1807, § 17(2.04.160), 5-9-2011)