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HomeMy WebLinkAbout04-03-25 Study Commission Agenda and Packet MaterialsTHE STUDY COMMISSION OF BOZEMAN, MONTANA SC AGENDA Thursday, April 3, 2025 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to govreview@bozeman.net prior to 12:00 p.m. on the day of the meeting. At the direction of the Study Commission, anonymous public comments are not distributed to the Study Commission. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Meeting Videos and available in the City on cable channel 190. For more information please contact Ex Officio, Mike Maas, 406.582.2321. A.Call to Order with Pledge of Allegiance and Moment of Silence - 5:30 PM, Commission Room, City Hall, 121 North Rouse This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 951 6442 0347 B.Changes to the Agenda C.Public Comment on Anything within the Jurisdiction of the Study Commission This is the time to comment on any matter falling within the scope of the Bozeman Study Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the Study Commission cannot take action on any item which does not appear on the agenda. All persons addressing the Study Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your 1 D. Consent Agenda E. Correspondence or Study Commission Update F. Unfinished Business G. New Business G.1 Public Hearing for the Purpose of Gathering Information Regarding the Current Form, Functions, and Problems of Local Government(Maas) H. Future Agenda Items H.1 Potential Meeting topics:(Maas) I. Public Comment on Anything within the Jurisdiction of the Study Commission J. Announcements K. Adjournment comments to three minutes. Written comments can be located in the Public Comment Repository . Receive Information from the Community Regarding the Current Form, Functions, and Problems of Local Government Joint Meeting with Gallatin County Study Commission Study Commission Purview and Charge Charter Crises and City Attorney notes of issues in current Charter Staff identified "pinch points" Develop a summary of issues from First Public Hearing Develop and adopt a communications and public outreach plan with calendar dates and locations Develop and adopt a discovery plan for best practices to be learned from other communities. Following deliberation and public input, decide the Power structure desired for the City of Bozeman Following deliberation and public input, decide the Form of government for the City of Bozeman Following deliberation and public input, decide the Plan sub-options that will be under consideration Following deliberation and public input, decide the Recommendations that will be under consideration Draft a Tentative Report and submit for legal review Second Public Hearing—to gather citizen response to Tentative Report Adopt the Final Report from Second Public Hearing Reference Materials Study Commission Bylaws Study Commission Repository Study Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact the City of Bozeman's ADA Coordinator, David Arnado, at 2 406.582.3232. Study Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page . 3 Memorandum REPORT TO:Study Commission FROM:Mike Maas, Ex Officio SUBJECT:Public Hearing for the Purpose of Gathering Information Regarding the Current Form, Functions, and Problems of Local Government MEETING DATE:April 3, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Receive Information from the Community Regarding the Current Form, Functions, and Problems of Local Government STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Study Commission of the City of Bozeman has set April 3 as their "kick- off" for "[t]he purpose of a study commission is to study the existing form and powers of a local government and procedures for delivery of local government services and compare them with other forms available under the laws of the state." (MCA 7-3-172) Following the initial public hearing, the Study Commission will compile a summary of issues raised that are in their purview and plan future education, events, and meetings to review the subjects raised. On March 6, 2025, City Attorney, Greg Sullivan, provided an educational session to the Study Commission on the Bozeman Charter and Self- government powers. A video of that presentation is available, as well as the slides that were presented. The Montana Local Government Center has provided additional guidance related to the scope and purview of the Study Commission and its local government review. Those materials are attached. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Study Commission FISCAL EFFECTS:None Attachments: 4 Timeline of Bozeman Study Commission.pdf Red Light, Green Light.pdf Misconceptions About VR--The Voter Review is NOT.pdf VR Scope Quick Reference Guide.pdf Report compiled on: March 24, 2025 5 Study Commission of City of Bozeman Timetable For Study Commission Deliberations and Actions This timetable for the deliberations and actions of the Bozeman Study Commission is established as required by 7-3-186, MCA for the purpose of assuring full public information concerning the Local Government Review process in City of Bozeman and enabling informed citizen participation. All meetings of the Study Commission are open to the public and public comment is encouraged. MCA 7-3-172. Purpose of study commission. The purpose of a study commission is to study the existing form and powers of a local government and procedures for delivery of local government services and compare them with other forms available under the laws of the state. Goals: (with guidance from MCA 7-3-141 ) • Educate ourselves and the community to develop a comprehensive understanding of the City of Bozeman’s current structure, Charter form, and the processes of local government. • Conduct a transparent and inclusive study process that engages the community in evaluating our current structures and identifying any necessary changes. • Engage the community in the local government study process using a variety of methods to gather information regarding what’s working, what’s not working, and ideas to explore to improve the City’s governance. • Distill identified issues and provide information to the community in an accessible and approachable manner, including a draft and final report. • Identify ways to educate all City voters on the Study Commission’s Final Report to encourage their participation in the November 2026 General Election. Date Action December 9, 2024 First Study Commission organizational meeting December 12, 2024 Montana State University Local Government Center regional Study Commission Trainings January 8, 2025 Bylaws established and approved by Study Commission. January 22, 2025 Establish dates and cadence for regular Study Commission meeting, Bozeman City Hall. Budget established and approved by the Study Commission. February 19, 2025 Determine and schedule education and other needs for the Study Commission to set us up for success in developing the proposed recommendations. March 6, 2025 Timetable established and published within 90 days of organizational meeting April 3, 2025 First Public Hearing—to gather citizen input on the form, functions, powers, and problems of city government and the adequacy of city services Consider scheduling all public hearings and community engagement workshops on Tuesday or Thursday evenings. Middle of the week times tend to be easier for folks to attend than beginning or end of the week times. 6 Develop a summary of issues from First Public Hearing Develop and adopt a communications and public outreach plan with calendar dates and locations Develop and adopt a discovery plan for best practices to be learned from other communities. Following deliberation and public input, decide the Power structure desired for the City of Bozeman Following deliberation and public input, decide the Form of government for the City of Bozeman Following deliberation and public input, decide the Plan sub-options that will be under consideration Following deliberation and public input, decide the Recommendations that will be under consideration Draft a Tentative Report and submit for legal review Second Public Hearing—to gather citizen response to Tentative Report Adopt the Final Report from Second Public Hearing June 2026 Provide the County Clerk and Recorder a ballot certificate if a proposal is to be placed on the November 3, 2026, ballot July 2026 If the final report proposes an alteration of local government, prepare public education materials to help citizens understand the proposal and compare the proposal with existing governmental form, structures, and powers August 2026 Approve public education materials and conduct public forums. November 2026 Election on proposed alternative or amendment in conjunction with regularly scheduled election. If the voters approve a proposed alteration of the government, the study commission term is extended for 90 days after the vote date. The Study Commission prepares for a transition plan. Study Commission term of office ends. Deposit all minutes and other Study Commission documents with the county clerk and recorder Submit a copy of the final report to the MSU Local Government Center Finalize the end budget and financial plan 7 The Montana State University Extension Service is an ADA/EO/AA/Veteran’s Preference Employer and Provider of Educational Outreach. RED LIGHT, GREEN LIGHT: ARE THESE ISSUES WITHIN THE SCOPE OF THE VOTER REVIEW? 1 The following list contains some of the most common issues communities have sought to address through the Local Government Review process that may be influencing community participation in this cycle. Several of the issues are within the legitimate scope of the Review process, the majority are not. This list addresses each issue, explaining why it is or is not within the scope of the Review.       ISSUE STOP OR GO EXPLANATION Changing the number of commissioners or council members GREEN LIGHT: GO This issue CAN be addressed through the Voter Review. Considering if a local government adequately represents the diversity of its constituency is part of the process of evaluating the form and plan of government the study commission is tasked with. Modifying the plan of government to change the number of commissioners or council members is an issue that can be addressed through the Voter Review process (7-3-223, MCA). Recalling or replacing elected officials RED LIGHT: STOP This issue CANNOT be addressed through the Voter Review. None of the changes that can be made to the form and plan of government through the review involve creating or implementing a mechanism for disciplinary action or the removal of elected officials. The legal options for recall or replacement are through the ballot or through a recall vote, the process for which is determined in Title 13, Chapter 1, Part 1 of the Montana Code Annotated. Changing or reducing taxes RED LIGHT: STOP This issue CANNOT be addressed through the Voter Review. Local governments’ tax revenue authority and restrictions are established independent of the Voter Review process. Local governments are already restricted in growth to one half the rate of inflation over the last three years by 15-10-420 MCA and they can cap their own taxes via policy. Title 15, Ch 10 Part 4 & Title 7, Ch 6, Part 40 address taxation at the local government level. Making changes to the areas commissioners or council members represent, for example electing council members at- large vs. by ward or district GREEN LIGHT: GO This issue CAN be addressed through the Voter Review. The Voter Review involves evaluating the form and plan of government and recommending specific changes if considered necessary. Choosing whether commission or council members are elected at large vs. by districts or wards is one option that can be altered in the plan of government and so can legally be addressed through the process. 8 2 Adding, changing, or removing services. For example, can a city add recycling services? RED LIGHT: STOP This issue CANNOT be addressed through the Voter Review. During the review, the study commission can consider if a change to the current form or plan of government would facilitate the responsiveness or efficiency of the unit of local government and thus allow it to implement certain services or enhance its service delivery. For example, adopting the Commission-Manager form can enhance efficiency and so could make improvements in service delivery. But the review itself cannot be used to implement, change, or remove any policies or services. Annexation, growth plans, and zoning policies RED LIGHT: STOP This issue CANNOT be addressed through the Voter Review. Annexation, growth plans, and zoning are policy decisions made by the legislative body. A commission or council can make annexation policy decisions by ordinance. The only aspect that could be addressed through the review would be voting to implement or change a charter to assign annexation responsibilities to the executive rather than the legislative branch. In addition, as mentioned above, the review itself cannot be used to implement, change, or remove any policies or services. Transitioning from a mayor to a professional manager or vice versa GREEN LIGHT: GO This issue CAN be addressed through the Voter Review. The decision whether to adopt an alternative form of government is one of the main decisions the review process helps facilitate. The transition from a mayor to a professional manager or vice versa could be accomplished if the study commission finds enough information to support recommending a change from the Commission-Executive form to the Commission-Manager form or the reverse. County or county-municipality consolidation or mergers GREEN LIGHT: GO This issue CAN be addressed through the Voter Review. Consolidation or merger is one of the main recommendations available to the study commission to make if they think such a recommendation would be beneficial to the community based on the information and research they gather during the review. Local option tax--sales or resort tax RED LIGHT: STOP This issue CANNOT be addressed through the Voter Review. Sales and resort taxes are both governed by different parts of the Montana Code Annotated. For example, resort tax law is contained in Title 7, Chapter 6, Part 15. Resort taxes are only available to communities that meet specific criteria. To be designated a “resort community,” that community must be incorporated, have a population of less than 5,500, and derive more than 50% of its economic well-being from business catering to the recreational needs of people traveling to or through the municipality. 9 3 Elections RED LIGHT: STOP This issue CANNOT be addressed through the Voter Review. Election law is governed by a different part of the Montana Code Annotated. While the review can be used to change things like whether elections are partisan or non-partisan or at large vs by ward or district, for example, election law is governed by Title 13 of the MCA and cannot be influenced or changed in the Voter Review process. 10 The Montana State University Extension Service is an ADA/EO/AA/Veteran’s Preference Employer and Provider of Educational Outreach. MISCONCEPTIONS ABOUT THE VOTER REVIEW WHAT THE VOTER REVIEW IS & IS NOT.... 1 The Local Government Review process is complicated; its scope and intent are easily misunderstood. But it’s important to know that the review is not a platform for airing discontent or mobilizing change in the ways that citizens sometimes think it is or want it to be.    Many of the misconceptions about what the process is and what it can do stem from a desire to use the process to address complaints with politics, policy, or personality that are outside the legally defined scope of the process. Here’s an analogy that might help clarify the limits of the Voter Review. The process is governed by, and limited to, the statutes laid out in Title 7 Chapter 3 of the Montana Code Annotated (7-3-101 through 7-3- 193, MCA). Imagine this section of the Code is a sandbox. Everything legally allowed by and relevant to the process—evaluating and potentially recommending changes to the power, form, and plan of government—is the sand in this sandbox. You can dig into this sand, redistribute piles of it from one corner to another, or even knock the existing sandcastle down and build a new one. But many of the concerns citizens hope to address through the review, election law, taxes, or zoning issues, for example, are contained in different sandboxes—different sections of the Code dictating the legal methods for addressing those issues. You can’t go to a neighboring sandbox, like the Title 13 sandbox, which governs election law, and take pails of that sand back to the Title 7 sandbox. So, what can it do? The Voter Review process examines and allows for change in two big categories: • A choice of one of the six designated alternative forms of government • The ability to choose between self-governing powers and the default general-governing powers Most of the forms offer some choice between the statutorily designated form of government and various suboptions that can be selected to tailor the plan of government to best meet the needs of the community. But these suboptions are limited and have clearly defined statutory parameters permitting limited and highly prescribed changes in the following three areas: • The relationship between the legislative (law-making) and executive (law-enacting) branches of local governments. Will this relationship be a Council-Mayor form, a Commission-Manager form, etc.? Each form and its various sub-options determine what this relationship looks like and how it functions. • The roles and responsibilities of the executive (mayor or manager) and the commission or council in a handful of specifically defined capacities: o Whether they appoint direct reports like administrative assistants o If they have supervision over boards, departments, or department heads o If that supervision is exclusive or if their supervisory role is limited o Whether the role includes veto power 11 2 • Aspects of the elections process. This is a big point of confusion because the review involves decisions pertaining to election criteria for local government officials, but none of these decisions have anything to do with changing or modifying election law. (Think of those sandboxes.) The review involves six decisions pertaining to election criteria: o Whether certain officials are elected or appointed o Whether council members, the mayor, or the commission are elected at large, by districts or wards, or by a combination o Whether they serve concurrent or overlapping terms of office o The length of office they serve o How many members are elected or appointed to the council or commission o Whether elections are partisan or non-partisan The review’s promise and potential have to do with building a local government’s capacity for flexibility and responsiveness to change, ensuring thriving grassroots governance, and positioning local governments to adapt and respond to community needs over time. It’s an opportunity to enhance your local government’s ability to provide services in response to changing community needs and demographics, but its scope is limited. Be wary of thinking about the review as a reactionary solution to problems in local government that have more to do with personality clashes, a lack of knowledge or clarity about roles and responsibilities, perceived mismanagement, poor decision making on the part of the few, or a plain old lack of civility. One bad egg doesn’t mean the whole system is rotten. It is NOT a forum for attempting to remove or discipline elected officials, local government staff, or board members. It is NOT an opportunity to address discontent with or attempt to change the elections process. It is NOT a platform for adding, changing, or removing services or challenging local policies, ordinances, taxes, fees, or zoning issues, among other frequent sources of frustration. In short, it is NOT a means of addressing problems you may have with personality, politics, or policy in your local government. The review can be used to examine how efficiently and effectively a local government makes and implements policy; it cannot be used to implement, change, or dispense with any policies or services.  These frustrations may be valid, but they are not within the scope of the Local Government Review and must be taken up elsewhere through the relevant legal and political channels. 12 SCOPE OF MONTANA’S LOCAL GOVERNMENT REVIEW Prepared by the MSU Local Government Center for educational use only. For interpretation of the law, please seek legal counsel. Updated 2024. Power In Montana (Shared Rule): General (default): Able to exercise the power and authority explicitly granted by the legislature. MT Constitution, Article XI, Section 4. General-governing powers. An incorporated city or town has the powers of a municipal corporation and legislative, administrative, and other powers provided or implied by law. Self: Able to exercise any power and authority not explicitly denied by the legislature. MT Constitution, Article XI, Section 6. Self-government powers. A local government unit adopting a self-government charter may exercise any power not prohibited by this constitution, law, or charter. Examples of authority available under self-governing powers, but not general-governing powers: • Provide additional services not permitted by the legislature, such as a natural gas utility • Lawfully acquire and operate utilities (gas, electric) within and outside the boundaries of its jurisdiction • Greater authority to dispose of public lands • Local Development Code to Regulate Sale of Alcoholic Beverages • Require All Residents to Connect to City Water Supply • Finance Future Expansion of City Water and Sewer System through System Development Fees • Authority of City-County Government to Acquire and Operate Electric and Natural Gas Utilities • Power to Prohibit Door-to-Door Solicitation • Mandatory Seatbelt Ordinance Form (1) the Commission-Executive form (council-mayor) Title 7, Chapter 3, Part 2 a. Council/commission elected directly by the citizens b. Executive (mayor) elected directly by the citizens c. Co-equal branches of government (2) the Commission-Manager form Title 7, Chapter 3, Part 3 a. Council/commission elected directly by the citizens b. Council/commission hires professional manager based on knowledge, skills, and experience c. Council supervises manager (3) the Commission form/ Elected County officials Form Title 7, Chapter 3, Part 4/ 7-3-111, MCA a. Commission elected directly by the citizens b. Commission serves in both legislative and executive roles 13 (4) the Commission-Presiding Officer form Title 7, Chapter 3, Part 5 a. Commission elected directly by the citizens b. Commission elects presiding officer from its own number c. Presiding officer retains all legislative duties during meetings, also operates as executive outside of meetings (5) the Town Meeting form Title 7, Chapter 3, Part 6 a. Electorate is the legislative branch, 10% of population constitutes a quorum b. Citizens elect a town presiding officer c. Only available to incorporated citizens and towns of less than 2,000 people (6) the Charter form Title 7, Chapter 3, Part 7 a. Written document defining the powers, structures, privileges, rights, and duties and limitations of the local government b. Can look like any of the other forms or be a structure unique to the local government c. Must adopt self-governing powers with Charter form Plan There are several areas of consideration that can be customized to meet the local needs of a community under the plan of government. The plan sub-options choices available are dependent on form of government. Examples of areas of consideration with the plan of government (this is not an exhaustive list): • Elections are held o By wards o At large • Elections are o Partisan o Non-partisan • The terms of office are o Concurrent o Overlapping • The executive: o May veto an ordinance or resolution, subject to override by the council o Shall sign all ordinances and resolutions passed by the council with no veto power • The executive may appoint and remove employees: o Without consent of the council o With consent of the council when hiring department heads o Only with consent of the council Example topics NOT included in the scope of the local government review • Removing individuals from elected office • Adding, changing, or removing services or programs • Changing the elections process • Fees, rates, taxes, or other service funding mechanisms 14 Memorandum REPORT TO:Study Commission FROM:Mike Maas, Ex Officio SUBJECT:Potential Meeting topics: MEETING DATE:April 3, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Joint Meeting with Gallatin County Study Commission Study Commission Purview and Charge Charter Crises and City Attorney notes of issues in current Charter Staff identified "pinch points" Develop a summary of issues from First Public Hearing Develop and adopt a communications and public outreach plan with calendar dates and locations Develop and adopt a discovery plan for best practices to be learned from other communities. Following deliberation and public input, decide the Power structure desired for the City of Bozeman Following deliberation and public input, decide the Form of government for the City of Bozeman Following deliberation and public input, decide the Plan sub-options that will be under consideration Following deliberation and public input, decide the Recommendations that will be under consideration Draft a Tentative Report and submit for legal review Second Public Hearing—to gather citizen response to Tentative Report Adopt the Final Report from Second Public Hearing STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:This item is a living list of potential future meeting topics. UNRESOLVED ISSUES:None identified. ALTERNATIVES:As per the Study Commission. FISCAL EFFECTS:TBD Report compiled on: March 24, 2025 15