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HomeMy WebLinkAboutShaping Our Future by Deanna Campbell1 Shaping Our Future: A Guide to Revising Bozeman's City Charter in Accordance with Montana Law By Deanna Campbell, Bozeman City Study Commissioner, 2024 Bozeman stands at a defining moment, one that extends far beyond administratfve formalitfes. The revision of our City Charter can affirm our commitment to self-governance, accountability, and local control. As Nestor M. Davidson highlights in Local Constitutions, * municipal charters are more than just legal documents; they functfon as the foundatfonal constftutfons of local democracy, shaping governance, defining instftutfonal structures, and setting forth principles that guide policy within the legal frameworks established by state and federal law. Our City Charter is Bozeman’s local constftutfon—a guiding document that structures our municipal government, defines its powers, and establishes mechanisms for transparency, accountability, and responsiveness to community needs. While it does not dictate specific policies, it shapes the environment in which policymaking occurs. City charters reenforce local governments as democratfc politfes rather than mere administratfve extensions of the state. By recognizing our charter’s constftutfonal foundatfon, we can uphold limited government, fiscal responsibility, and the rule of law while protectfng citfzens' rights. The Bozeman City Study Commission has a critfcal responsibility: to draft a charter that not only reflects the character and aspiratfons of our community but also ensures that governance remains responsive, transparent, and legally sound. Our approach must be thoughtiul and ambitfous, recognizing that this document will serve as the cornerstone of our local government and must stand the test of tfme. As Davidson suggests, a well-structured charter legitfmizes local governance by embedding rule-of-law values, reinforcing stability, and ensuring that the voice of the people remains central to the decision-making process. * Nestor M. Davidson, Local Constitutions, 99 Tex L. Rev. 839 (2021) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/1203 2 Guided by the Montana Code Annotated (MCA), the Montana Constftutfon, and the U.S. Constftutfon, this charter revision process must achieve three fundamental objectfves: • Strengthen local self-governance by ensuring that Bozeman retains the flexibility to address local needs within the bounds of state law (Mont. Code Ann. § 7-1-101). • Enhance democratic accountability by establishing clear structures for leadership selectfon, public partfcipatfon, and government transparency (Mont. Code Ann. § 7-3-103, § 7-1-4142). • Safeguard individual rights and freedoms by embedding fundamental legal protectfons that prevent government overreach (Montana Constftutfon, Artfcle II, Sectfon 17). This white paper serves as both a guide and a call to actfon—urging the Study Commission and the community to approach this process with the seriousness and vision it deserves. Just as Davidson emphasizes the power of municipal charters in shaping democratfc identfty, our revision process must be driven by the collectfve will of Bozeman’s residents, ensuring that our governance framework remains robust and aligned with our community’s values and that it: • Reinforces the foundatfons of limited, effectfve local governance (Mont. Code Ann. § 7-1-101). • Maximizes local self-governance, empowering Bozeman to chart its own course within the parameters of state law (Mont. Code Ann. § 7-3-103). • Ensures compliance with state and constftutfonal requirements, while reflectfng the values and vision of the people for governance, ensuring that the charter will stand as a lastfng testament to Bozeman’s commitment to its citfzens and their values. (Montana Constftutfon, Artfcle XI, Sectfon 6 and Sectfon 4) With thoughtiul deliberatfon and clear purpose, we can seize this moment to create a charter that not only governs but empowers Bozeman for generatfons to 3 come, securing our community’s future through steadfast principles and responsible governance. The Charter as Our Local Constitution: Defining the Charter’s Role The city charter of Bozeman is our local constftutfon, akin to how state or natfonal constftutfons operate. It sets forth the legal and organizatfonal structure of our municipal government, defining its powers, dutfes, and operatfonal boundaries. This document ensures governance is conducted with transparency, predictability, and a commitment to the rule of law. Key attributes of an effectfve charter include: • Clarity: The charter must clearly define the roles, responsibilitfes, and constraints of government officials, departments, and operatfonal procedures, fostering an understanding of governance among citfzens and officials alike (Mont. Code Ann. § 7-1-4124). • Adaptability: Recognizing that the needs of a community evolve, the charter includes mechanisms for amendment to address future challenges while maintaining its foundatfonal integrity (Mont. Code Ann. § 7-3-149). • Protection of Rights: It serves as a bulwark against governmental overreach, upholding the rights guaranteed by the Montana Constftutfon, such as due process and equality before the law (Montana Constftutfon, Artfcle II, Sectfons 17 and 4). • Alignment with Community Values: At its heart, the charter must reflect the shared prioritfes, character, and long-term vision of Bozeman's residents, ensuring that governance aligns with the people’s aspiratfons rather than outside interests. Unlike policies which can be fluid, the charter provides a stable framework within which decisions are made. It dictates how local officials are chosen, the extent of their authority, and how they are held accountable to the public, ensuring governance is not capricious but guided by law and community consensus. Ensuring Fairness and Neutrality in the City Charter 4 The city charter should reflect the core values of fairness, transparency, and good governance to ensure it serves all residents equally. As a foundatfonal document, it is essentfal that the charter remain free from language or frameworks that could unintentfonally align with specific politfcal or social ideologies. Fairness is achieved by focusing on equal treatment, accountability, and governance structures that address the unique needs of the local community. The charter should: • Uphold Equal Treatment: Establish policies and practfces that ensure all residents are treated with fairness and dignity under the law. • Promote Neutrality: Avoid embedding language or concepts that may prioritfze one perspectfve or group over another. • Focus on Local Representation: Emphasize governance systems that reflect the diverse voices and prioritfes of the community. By centering on these principles, the city charter will build trust, foster inclusivity, and provide a governance framework that stands above divisive ideologies. Principles of Local Self-Governance The principle of self-governance is a cornerstone of Montana law, with the Montana Constftutfon and the MCA emphasizing local control. Artfcle XI, Sectfon 6 of the Montana Constftutfon grants local governments the power to exercise any authority not expressly prohibited, empowering communitfes like Bozeman to tailor governance to their unique circumstances. Revising the charter allows Bozeman to: • Affirm Local Control: By ensuring governance decisions reflect the will of the community, free from undue external influence (Mont. Code Ann. § 7-3- 103). • Reflect Community Values: Incorporatfng Bozeman's ethos into governance, emphasizing values such as fiscal responsibility, respect for property rights, and governmental transparency. 5 • Balance Power and Accountability: Designing checks and balances to prevent power consolidatfon while making sure leaders are accountable to the electorate. The Charter’s Influence on Policy The Bozeman City Charter holds within it the power to shape policy in profound and impactiul ways. Understanding this, the authors of the charter have the unique opportunity to guide the city's future through the policies that will emerge from their work. Here is how the charter can significantly influence policy: • Defining the Limits of Power: The charter can explicitly outline the powers, dutfes, and limitatfons of government officials and bodies, actfng as a constftutfonal check against overreach (Mont. Code Ann. § 7-1-4142). By setting clear boundaries, it can ensure that policies stay within the legal and ethical framework intended by the community, preventfng any one individual or group from extending authority beyond what is democratfcally agreed upon. • Protecting Citizens' Rights: With provisions that echo the protectfons of the Montana Constftutfon, and the US Constftutfon, the charter can provide safeguards for individual rights against expansive policies that could infringe on personal freedoms or privacy (Montana Constftutfon, Artfcle II, Sectfons 17 and 4). A commitment to rights protectfon ensures that policymaking respects the fundamental libertfes of Bozeman's residents. • Encouraging Focused Policy Development: By delineatfng specific areas of responsibility, the charter can direct policy makers to concentrate on areas where they have clear jurisdictfon, fostering policies that are targeted and effectfve rather than broad and potentfally overreaching (Mont. Code Ann. § 7-3-103). This focus helps in creatfng policies that directly address community needs without straying into unnecessary or inappropriate domains. • Mandating Public Accountability: The charter's requirement for transparency and public involvement in the policy-making process (Mont. Code Ann. § 7-5-103) can serve as a natural check against policies that might not have broad support or that exceed community consensus. Public 6 hearings, referenda, and other partfcipatory mechanisms keep policy makers grounded in community will, curbing the temptatfon for expansive, unchecked policy initfatfves. • Balancing Innovation with Stability: While encouraging innovatfon, the charter can also provide mechanisms for review and amendment, ensuring that bold policies are balanced with stability. This balance prevents the rapid, potentfally destabilizing shifts that could occur if policy makers were allowed to enact sweeping changes without regard for long-term implicatfons or community feedback. • Fiscal Responsibility: The charter can set limits on taxatfon and debt (Mont. Code Ann. § 7-6-4002), which act as financial guardrails. These provisions prevent policy makers from engaging in financially unsustainable or overly ambitfous projects without careful consideratfon and broad support, thus maintaining economic stability. • Legal Safeguards: By aligning with state laws and the Montana Constftutfon, the charter can ensure that local policies cannot exceed certain legal thresholds, providing a legal framework within which all policies must operate. This alignment serves as an external check on local government, preventfng policy overreach that might conflict with higher legal standards. • Encouraging Collaborative Governance: The charter can stfpulate the need for collaboratfon among different branches of city government or with the community, ensuring that policies are not the product of a single, potentfally overzealous, viewpoint but are instead the result of a balanced, collectfve effort. In sum, the Bozeman City Charter can be a powerful instrument for both inspiring and restraining policymaking. It can empower visionary actfon within well-defined parameters, ensuring that the spirit of innovatfon does not lead to governance devoid of checks and balances. For those crafting the charter, understanding this dual role is essentfal—to guide policy makers towards what is beneficial and possible while setting firm boundaries against what is expansive and potentfally harmful to the community's well-being and rights. Learning from Other Montana Cities: Illustrating the Range of Charter Influence 7 As Bozeman considers revisions to its city charter, examining how other Montana cities have structured their charters provides valuable insight. Municipal charters serve as foundational governance documents, establishing accountability, fiscal responsibility, and the limits of governmental authority. While each city tailors its charter to reflect local priorities, many incorporate provisions that ensure transparency, maintain voter oversight, and reinforce responsible financial management. The following examples from cities across Montana illustrate the broad range of ways in which charters can shape governance. These provisions—ranging from tax limitations to term limits and public participation requirements—demonstrate the different ways that local governments have chosen to structure their authority. They are in no way intended as recommendations for what Bozeman should adopt, but rather as illustrations of the influence a charter can have in areas such as fiscal policy, governmental accountability, and citizen engagement. By analyzing these governance models, we can better understand how municipal charters function as guiding frameworks rather than rigid policy mandates. These examples show the potential for a charter to establish key principles that align with a community’s values while ensuring compliance with Montana law. As we move forward in this revision process, these models offer insight into the scope of charter influence, helping us craft a charter that reflects Bozeman’s unique needs while maintaining legal and structural integrity. • Laurel, Montana: Tax Limitations: The City of Laurel's charter includes a provision that the property tax mill levy shall be limited to that of Montana municipal governments with general government powers, except with the prior approval of the electors votfng on the questfon in a general or special municipal electfon (Laurel City Charter, Artfcle III § 3.07). This sets a boundary on property tax increases without voter approval, reflectfng a conservatfve approach to taxatfon • Helena, Montana: Fiscal Responsibility: Helena's charter, while not directly setting tax limits in the document, includes principles of fiscal responsibility and requires public hearings for budget processes, which indirectly influences how taxes are managed and potentfally increased (Helena City Charter, Artfcle V). This approach ensures that any tax policy must be presented and discussed publicly, providing a de facto check on taxatfon. 8 • Missoula, Montana: Voter Approval for Tax Increases: Although not explicitly in the charter, Missoula has adopted practfces through ordinances and public policy that require voter approval for significant tax increases, reflectfng a commitment to fiscal conservatfsm and public oversight in taxatfon. This is somewhat akin to the charter's spirit, emphasizing public partfcipatfon in significant fiscal decisions (Missoula City Charter indirectly supports this through Artfcle VI on Finance). • Billings, MT: Commission compensation: The Council shall establish by ordinance the compensation of its members including the mayor, but no Councilmember or Mayor's compensation may be increased during his or her term of office. • Billings, MT: Term limits on advisory boards: Terms shall be limited to two (2) consecutive four (4) year terms. • Great Falls, MT: Ability of public to call for special commission meeting: The charter gives citizens power to call for a special meeting of the city commission through petition signed by ten percent of eligible voters. Summary: A Call to Action for Bozeman’s City Charter Revision Bozeman stands at a pivotal moment—one that transcends mere administratfve updates. The revision of our City Charter is an opportunity to reaffirm our commitment to self-governance, accountability, and the principles that define our community. As Nestor M. Davidson highlights in Local Constitutions, municipal charters are not just procedural documents; they serve as the foundatfonal constftutfons of local democracy, shaping governance structures, reinforcing the rule of law, and ensuring that local authority remains responsive to the will of the people rather than a mere extension of state power. Our City Charter functfons as Bozeman’s local constftutfon, defining government powers, ensuring transparency, and establishing mechanisms for citfzen partfcipatfon. While it does not dictate policy directly, it shapes the environment in which policies emerge, setting critfcal guardrails to ensure fiscal responsibility, limited government, and the protectfon of individual rights. Recognizing the charter’s constftutfonal role allows us to design a governance framework that is 9 stable, effectfve, and aligned with the long-term aspiratfons of Bozeman’s residents. Guided by the Montana Code Annotated (MCA), the Montana Constftutfon, and the U.S. Constftutfon, this revision process presents an opportunity to: • Strengthen local self-governance by ensuring Bozeman retains the flexibility to address local needs while operatfng within state law. • Enhance democratfc accountability by establishing clear structures for leadership selectfon, public partfcipatfon, and transparency in governance. • Safeguard individual rights and freedoms by embedding fundamental legal protectfons that prevent government overreach. By acknowledging that municipal charters are not just administratfve tools but the foundatfon of democratfc identfty, we can ensure that our governance framework remains robust, fair, and aligned with Bozeman’s core values. This is our opportunity to craft a charter that does more than govern—it empowers, protects, and strengthens our community for generatfons to come. With clarity of purpose and a commitment to local self-determinatfon, we can shape a charter that reflects the unique character of Bozeman while standing as a testament to responsive and responsible governance. The future of Bozeman is in our hands—let us lead with vision and integrity.