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HomeMy WebLinkAboutVarious Models of Executive Powers in Municipal Government1 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. Various Models of Executive Powers in Municipal Government City of Bozeman, February 2026 Municipal governments across the United States employ a range of structural models to balance political leadership, administrative professionalism, and accountability. In Montana, these structures are explicitly defined under Title 7, Chapter 3 of the Montana Code Annotated, which outlines the alternative forms of local government available to municipalities. These statutory frameworks shape how executive authority is distributed, whether concentrated in an elected mayor, delegated to a professional manager, or hybridized to meet the operational needs of individual communities. Montana’s approach reflects both national trends and the state’s unique tradition of local autonomy and voter- driven government structure reform. The Commission-Executive and Commission-Manager forms—two of Montana’s primary municipal government options—represent distinct philosophies of executive power. Under the Commission-Executive Form, the state establishes an elected commission paired with a single elected executive (commonly referred to as the mayor), who is responsible for enforcing laws, administering local government affairs, executing the budget, and recommending policy to the commission. These powers are detailed in MCA 7-3-201 through 7-3-203, which collectively define the nature of the government, the executive’s duties, and the structural sub-options that voters may adopt. This form allows considerable variation, enabling municipalities to calibrate executive authority along a spectrum that includes strong mayor, weak mayor (or strong council), and hybridized arrangements. The central focus of this white paper explores these variations within the Commission-Executive Form. The strong-mayor model concentrates administrative and appointment authority in the elected executive, while the weak-mayor model distributes these powers more evenly across the commission, limiting mayoral independence. A growing adaptation in Montana and nationally—what may be termed a hybrid system—blends these approaches by authorizing the mayor to hire a chief operations manager to oversee daily administration. This manager operates similarly to a city manager in the Commission-Manager Form but is appointed and supervised directly by the elected mayor rather than the commission, creating a hybrid distribution of political and administrative authority. Though not expressly defined as a standalone model in statute, this arrangement fits within the customizable structural sub-options that Montana law permits under MCA 7-3-211 through 7-3-224, which allow municipalities to design administrative support roles, including assistants and managerial positions, aligned with local voter preferences. Statute MCA 7-3-212 specifically provides a general governing powers municipality with the commission-executive form to hire, an “administrative assistant” commonly referred to as a chief.operating.officer, to “assist in the supervision and operation of the local government, and the administrative assistants are answerable solely to the executive”. 2 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. This hybrid option allows the local government to elect a mayor who is ultimately accountable to the electorate for the administration of the city but relies on a professional manager to administer the day-to-day operations under the elected mayor’s direction. The Commission-Manager Form, governed under Part 3 of Montana’s municipal government statutes. Under this structure, the elected commission appoints a professional city manager, whose powers and duties are defined in MCA 7-3-301 through 7-3-318. The mayor— designated from among the commissioners—holds a largely ceremonial role unless voters adopt structural sub-options that grant limited presiding or representational powers. In this system, the contrast between a “strong” mayor with narrowly defined leadership functions and a “weak” mayor who operates purely as a figurehead offers a valuable point of comparison to the Commission-Executive Form, highlighting different approaches to accountability, political leadership, and administrative professionalism. Together, these models illustrate the diversity and flexibility of municipal governance available under Montana law. By examining their legal foundations, operational characteristics, and practical implications for cities across the state, this white paper aims to provide a clear, research-based understanding of how municipalities can structure executive power to best serve their communities. 3 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. Title 7. Local Government Chapter 3, Alternative Forms of Government Part 41. Strong Mayor Municipal Government 7-3-4101. Strong mayor form of municipal government. (1) The qualified electors of any city or town in this state may, in the manner provided in chapter 5, part 42, adopt an ordinance vesting any or all of the following powers with the office of mayor of the city or town: (a) to appoint and remove, without consent of the council, all nonelective officers of the city or town; (b) to exercise absolute control over all departments and divisions of the city or town created in this title or that may be created by the council; (c) to appoint one or more administrative assistants to assist in the direction of the operations of the various city departments and agencies; (d) to be solely responsible for the preparation of the annual budget in compliance with the procedures set forth in chapter 6, part 42; (e) to appoint a budget and finance director whose functions include the preparation of the annual municipal budget under the direction of the mayor. (2) If any ordinance duly adopted in accordance with this section is in conflict with 7- 4-4114, 7-4-4303, 7-4-4305, 7-5-4102(1), 7-5-4122, 7-5-4205, and 7-5-4206, the provisions of this section prevail. History: En. 11-802.1 by Sec. 1, Ch. 359, L. 1973; R.C.M. 1947, 11-802.1(part); amd. Sec. 8, Ch. 485, L. 1997. 7-3-4102. Relationship of administrative assistants and budget and finance director to mayor. (1) The administrative assistants are answerable solely to the mayor. (2) The budget and finance director is answerable solely to the mayor and serves at the mayor's pleasure. History: En. 11-802.1 by Sec. 1, Ch. 359, L. 1973; R.C.M. 1947, 11-802.1(part); amd. Sec. 358, Ch. 61, L. 2007. 4 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. TITLE 7. LOCAL GOVERNMENT CHAPTER 3. ALTERNATIVE FORMS OF LOCAL GOVERNMENT MONTANA CODE ANNOTATED 2013 Part 2. Commission-Executive Government 7-3-203. Duties of executive. The executive shall: (1) enforce laws, ordinances, and resolutions; (2) perform duties required by law, ordinance, or resolution; (3) administer affairs of the local government; (4) carry out policies established by the commission; (5) recommend measures to the commission; (6) report to the commission on the affairs and financial condition of the local government; (7) execute bonds, notes, contracts, and written obligations of the commission, subject to the approval of the commission; (8) report to the commission as the commission may require; (9) attend commission meetings and may take part in discussions; (10) execute the budget adopted by the commission; and (11) appoint, with the consent of the commission, all members of boards, except the executive may appoint without the consent of the commission temporary advisory committees established by the executive. 7-3-211. Structural sub-options. The plan of government submitted to the qualified electors shall further define the structural characteristics of the form by including one item from each of the choices listed in 7-3-212 through 7-3-224. 7-3-212. Administrative assistants. The executive: (1) shall appoint one or more administrative assistants to assist in the supervision and operation of the local government, and the administrative assistants are answerable solely to the executive; or (2) may appoint one or more administrative assistants to assist in the supervision and operation of the local government, and the administrative assistants are answerable solely to the executive. 7-3-213. Supervision of personnel. The executive may: (1) appoint and remove all employees of the local government; (2) appoint and remove, with the consent of a majority of the commission, all employees of the local government; (3) appoint, with the consent of a majority of the commission, all department heads and remove department heads and may appoint and remove all other department employees; or (4) appoint and remove, with the consent of a majority of the commission, all department 5 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. heads and appoint and remove all other employees of the local government. 7-3-214. Veto power. The executive may: (1) veto ordinances and resolutions, subject to override by a majority plus one of the whole number of the commission; (2) veto ordinances and resolutions, subject to override by a two-thirds vote of the commission; or (3) sign all ordinances and resolutions with no veto power. 7-3-215. Preparation of budget. The executive may: (1) prepare the budget and present it to the commission for adoption; or (2) prepare the budget in consultation with the commission and department heads. 7-3-216. Administrative supervision and control. The executive may: (1) exercise control and supervision of the administration of all departments and boards; or (2) exercise control and supervision of all departments and boards to the degree authorized by ordinance of the commission. 7-3-221. Presiding officer of commission. The presiding officer of the commission: (1) may vote as other members of the commission; (2) is the executive, who may vote as the commissioners; (3) is the executive, who shall decide all tie votes of the commission but may not have another vote (the presiding officer of the commission shall preside if the executive is absent); or (4) is the executive but may not vote. 6