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HomeMy WebLinkAboutReview_of_NCL_Model_City_Charter_Deanna_Campbell_20241 Review of the National Civic League's Model City Charter, Ninth Edition By Deanna Campbell, Bozeman City Study Commissioner, 2024 Purpose of this Review As part of the Bozeman City Study Commission's evaluation of resources related to local government structures, this review assesses the relevance and applicability of the National Civic League's Model City Charter, Ninth Edition (2021). While the Model Charter presents several constructive governance concepts, it ultimately extends beyond the appropriate scope of a municipal charter under Montana Code Annotated (MCA) Title 7 – Local Government. For this reason, while it can provide insights, it is not a suitable model for guiding the work of the Bozeman City Study Commission. The Study Commission’s responsibility is to focus on the form and structure of local government, not on embedding detailed policy goals within the city charter. This review identifies key areas where the Model Charter overreaches that role, while acknowledging certain positive concepts that can inform our discussions. The Role of a City Charter Under Montana Law Montana law, through MCA Title 7, defines a city charter as a structural document establishing: - The form of government (such as mayor-council or commission-manager), - The distribution of governmental powers and responsibilities, - The processes of legislative authority. A city charter is not intended to dictate policy outcomes such as social programs, environmental mandates, or personnel directives. Those areas belong to the legislative process, where policies can be developed and debated by elected officials who are accountable to voters and responsive to the evolving needs of the community. Where the Ninth Edition Model Charter Overreaches 1. Embedding Policy into the Charter Framework Words related to diversity, equity, and inclusion appear 228 times in the Ninth Edition*, demonstrating an overemphasis on areas of policy that are outside the scope of the study commission and that are better left to the legislative process. The Ninth Edition moves beyond structural governance by embedding specific policy initiatives directly into the charter framework, such as equity audits and dedicated equity officers, sustainability mandates, and personnel practices aimed at achieving diversity benchmarks. Such detailed 2 policy matters are better left to the legislative process, where they can be openly debated and adjusted as the community's needs and priorities evolve. 2. Governance Structure: City Manager vs. Strong Mayor The Model Charter’s preference for a strong city manager system concentrates executive authority in an unelected professional administrator. While this arrangement offers operational expertise, it can create a layer of separation between decision-making and direct voter accountability. For Bozeman, this is precisely the kind of structural question the Study Commission is tasked with examining. It is critical that the commission thoughtfully considers the alternatives, including the strong mayor model with a professional city administrator. This structure maintains professional management while ensuring that ultimate executive authority rests with an elected official directly accountable to the public. The strong mayor model may provide Bozeman with the benefits of administrative professionalism while preserving clear lines of democratic accountability. 3. Promoting Regionalism and External Influence The Ninth Edition strongly encourages regional collaboration, which can risk entangling local governments with outside organizations and external policy agendas. While regional cooperation can be valuable in certain circumstances, Bozeman must carefully safeguard its local autonomy and ensure all decisions reflect the specific needs and priorities of its residents. 4. Destabilizing Traditional Governance The model’s emphasis on expanded public engagement processes and structural flexibility may weaken the stability and predictability of government operations. Frequent structural changes and activist-driven initiatives can disrupt long-term planning and diminish the confidence of residents in their local government. Positive Elements to Acknowledge Despite these concerns, the Model Charter does promote some worthwhile governance principles, including: - Transparency in decision-making, - Ethical standards for public officials, - Encouragement of public participation in civic life. These are enduring values that Bozeman can and should strive to uphold, though they are best advanced through ongoing legislative and administrative practices—not locked into the governing charter through prescriptive language. Conclusion The National Civic League's Model City Charter, Ninth Edition is a well-developed resource in the national conversation about local governance. However, its scope is not compatible 3 with the legal role of a charter under MCA Title 7. The Model Charter extends into policy- making and ideological commitments that are better handled through the normal legislative process by Bozeman’s elected representatives. For these reasons, the Ninth Edition should be viewed as an informational reference only— not as a governing template for Bozeman’s charter review. As the Bozeman City Study Commission continues its work, our focus must remain on: - Defining a clear, lawful, and effective government structure, - Preserving voter accountability, - Safeguarding local autonomy, - And providing future city leaders the flexibility to adopt policies responsive to the community. By adhering to these principles, we will ensure that Bozeman’s government remains stable, transparent, and truly representative of its people. Respectfully submitted, Deanna Campbell Deanna Campbell Bozeman City Study Commissioner, 2024