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HomeMy WebLinkAbout04-24-26 Public Comment - Gallatin Valley Sentinel - Proposed Charter Language for Neighborhoods, INC, and Advisory BoardsFrom:The Gallatin Valley Sentinel To:Bozeman Goverment Study Commission Subject:[EXTERNAL]Proposed Charter Language for Neighborhoods, INC, and Advisory Boards Date:Friday, April 24, 2026 1:21:42 AM Attachments:GVS Proposed Charter Language for Neighborhood Associations and Advisory Boards.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, Please see attached charter language that we have drafted for neighborhoods, INC, andadvisory boards. This language was developed using a combination of public comments you have received, the survey we conducted that mirrored the survey of the Study Commission,focus group conversations, and INC's language that they proposed to you when you engaged them in the process. Katie Adamson behalf of The Gallatin Valley Sentinel ARTICLE V NEIGHBORHOODS AND ADVISORY BOARDS Section 5.01 Intent and Philosophy. The City of Bozeman values the contributions residents and neighborhoods make to the governance of the city, and its governance is most effective when it is rooted in the collective wisdom, local expertise, and direct participation of its residents. Therefore, it is the purpose of this Article to strengthen resident and neighborhood participation where it exists and to encourage and support resident and neighborhood participation where it does not yet exist. It is the intent of this Article to establish a formal, independent, and transparent system of public engagement that ensures City policy is responsive to the unique needs of Bozeman residents. The City of Bozeman formally recognizes Neighborhood Associations, the Inter-Neighborhood Council, and Citizen Advisory Boards as essential partners in the municipal decision-making process. These bodies are hereby established as the foundational conduits for resident participation and shall be integrated into the early stages of the legislative and planning processes of the City. To this end, the City shall proactively support, adequately fund, and legally respect the autonomy of these resident-led institutions. The City Commission shall ensure these bodies have a meaningful opportunity to influence city policy and planning before final action is taken. Section 5.02 Neighborhood Associations (a) Purpose. To promote more citizen participation in government and make government more responsive to local needs, there shall be a City program that supports the creation and maintenance of resident-led Neighborhood Associations. The Neighborhood Associations shall have an advisory role on issues of concern to the neighborhood, including, but not limited to, land use, planning and zoning, growth plans, neighborhood plans, issue plans, housing, neighborhood projects, capital improvement projects, public finance, public works, public safety, parks, transportation, water resource allocation, open spaces, environmental health, and public health and sanitation. They also provide local expertise and a local voice on the delivery of City services to their neighborhoods. (b) Composition. To ensure that city governance is rooted in the needs and identities of its residents, the City of Bozeman shall recognize and integrate resident- led Neighborhood Associations into the formal structure of municipal decision- making. (i) Organic Formation of Neighborhood Associations. Neighborhood Associations shall be formed organically by residents and residential property owners. The City Commission shall not have the power to create, dictate the boundaries of, or dissolve a Neighborhood Association. (ii) Recognition of Neighborhood Associations. The City shall formally recognize any Neighborhood Association that certifies in writing to the City Clerk that it meets the following criteria. 1) Clearly-Defined Boundaries. To ensure clarity of representation, the geographic boundaries of a Neighborhood Association shall not overlap with those of any other previously recognized Neighborhood Association. The City Clerk shall maintain a definitive map of all recognized neighborhood boundaries to serve as the official record for future recognition. Boundaries may be adjusted only by the mutual written consent of the affected Neighborhood Associations, provided the change does not create an overlap. 2) Open Membership. Membership is open to all residents (renters and owners) and residential property owners within the defined area. All residents and residential property owners within the boundaries of a neighborhood association shall be eligible to participate in the Neighborhood Association, serve on the Neighborhood Association’s leadership board, participate in the selection of officers for their Neighborhood Association, and have voting rights on all matters that come before the Neighborhood Association. Recognition as a Neighborhood Association is a public status. A Homeowners Association can also be a Neighborhood Association, but it must ensure that all residents within its boundaries are granted full membership and voting rights in Neighborhood Association affairs. 3) Exclusion of Commercial Interests. Membership and voting rights shall be strictly limited to residents and residential property owners. No developer, commercial entity, or business interest, unless they also reside within the boundaries, shall be eligible for membership or have a vote in Neighborhood Association affairs. 4) Voluntary Service. Neighborhood Association members and leaders shall serve on a voluntary basis. 5) Democratic Governance. Each Neighborhood Association shall adopt by-laws that ensure democratic deliberation, transparent voting procedures, and the inclusion of all residents. The by-laws must explicitly authorize a designated representative to cast votes on behalf of the Neighborhood Association at meetings of the Inter-Neighborhood Council (INC). This authorization shall establish the representative as the official voice of the neighborhood for the purpose of city-wide coordination and collective recommendation. 6) Communication. Each Neighborhood Association shall maintain a verified method for communicating with and notifying all residents within its boundaries regarding meetings and votes. (c) Duties and Responsibilities. Recognized Neighborhood Associations shall serve as the primary vehicle for neighborhood-level self-governance. Their responsibilities include. (i) Meetings. Each Neighborhood Association shall meet with the residents within its boundaries on a regular basis, including at least one annual meeting. (ii) Communication. Neighborhood Associations and the City of Bozeman shall be responsible for two-way communication between the City and neighborhoods, providing information on City and neighborhood issues to the residents of the neighborhoods. The City of Bozeman shall be responsible for providing information on City and neighborhood issues to all Neighborhood Associations regularly and in a timely manner. The Neighborhood Associations shall be responsible for reporting to the City concerns and interests of the residents in their respective neighborhoods and in the City as a whole on a regular basis and in a timely manner. (iii) Recommendations. Recommendations from the Neighborhood Associations to the City Commission, City Manager, City staff, and advisory boards shall be made in the form of a Neighborhood Impact Statement (NIS), as detailed in Section 5.04 of this Charter. Neighborhood Association recommendations do not preclude any of its individual members from taking their concerns directly to the City Commission, Mayor, City Manager, City staff, or advisory boards. (iv) Representation. Each Neighborhood Association shall appoint a representative and an alternate to the Inter-Neighborhood Council (INC) to coordinate city-wide neighborhood efforts. (v) Monitoring. Neighborhood Associations shall be given an opportunity to participate in the development of land use plans, zoning, and any other policy changes within or adjacent to their neighborhood boundaries. It is the City of Bozeman’s responsibility to notify the Neighborhood Association through a formal channel when they begin discussions on these topics. (d) Maintenance of Status. To remain in good standing, a Neighborhood Association must file a current copy of its by-laws and the names of its presiding officers to the City Clerk annually. The City Clerk shall formally recognize or maintain the status of any association that submits the required filings; the City’s role is purely ministerial, verifying that the paperwork is filed, and is not discretionary. (e) Funding. The City of Bozeman shall provide reasonable financial assistance to support the efforts associated with the formation, operation, and maintenance of Neighborhood Associations. (f) Minimum Standards. A Neighborhood Association must meet and continue to maintain conformity with the minimum standards as established by this Charter in order to be recognized by the city and to be eligible to appoint members to the lnter- Neighborhood Council. Neighborhood Associations existing on the date of the enactment of this charter shall have one year after the enactment of said Charter to come into compliance. Section 5.03 lnter-Neighborhood Council. (1) (a) Purpose. There is hereby established an lnter-Neighborhood Council (INC) to be composed of representatives selected by each formally recognized Neighborhood Association. The lnter- Neighborhood Council shall provide a forum for formally recognized Neighborhood Association representatives to meet, share information, and make recommendations to the City Commission, Mayor, City Manager, City staff, and advisory boards. Recommendations made by the INC may be related to neighborhood- level and / or city-wide issues in order to advocate for their neighborhoods’ concerns. INC recommendations do not preclude a Neighborhood Association or any of its individual members from taking its concerns directly to the City Commission, Mayor, City Manager, or City staff, or advisory boards. (b) Meetings. The lnter-Neighborhood Council shall meet on a regular basis to understand and address city-wide and neighborhood concerns, examine current or proposed city policy, and foster two-way dialogue between neighborhoods and City leadership. (c) Bylaws. The lnter-Neighborhood Council shall adopt bylaws governing the conduct of their business. Such bylaws shall be recorded with the City Clerk. (d) Recommendations. Recommendations from the Inter-Neighborhood Council (INC) to the City Commission, City Manager, City staff, and advisory boards shall be made in the form of a Neighborhood Impact Statement (NIS), as detailed in Section 5.04 of this Charter. INC and Neighborhood Association recommendations do not preclude any of its individual members from taking their concerns directly to the City Commission, Mayor, City Manager, City staff, or advisory boards. (e) Vacancies. A vacancy on the lnter-Neighborhood Council shall be filled only by the affected Neighborhood Association. It will be the responsibility of the Neighborhood Association to select their replacement. (f) Neighborhoods Coordinator. The City shall retain a full-time paid staff member to coordinate with Neighborhood Associations and the Inter-Neighborhood Council. This staff member shall be under the City Manager’s department and work solely on the Neighborhoods Program. (g) City Liaison. The City of Bozeman shall designate a City Commissioner to serve as liaison between the lnter-Neighborhood Council, Neighborhood Associations, and the City Commission. Section 5.04 Neighborhood Impact Statements. (a) Definition and Purpose. A Neighborhood Impact Statement (NIS) is an official statement or position adopted by a Neighborhood Association and / or the Inter- Neighborhood Council (INC) on any pending or active city legislation or policy. The NIS process is hereby established for Neighborhood Associations and the INC as the formal method to publicly express their support, opposition, or suggestions about any existing or pending matter before the City Commission, City Manager, City staff, or advisory boards. The filing of an NIS also allows Neighborhood Associations and / or the INC to provide testimony at City Commission, advisory board, and any other public City meetings pertaining to the submitted statement. This allows city leaders and policymakers to understand the impact of pending legislation and policy on the neighborhood scale and allows the public to participate in the decision-making process more locally. (b) Procedures. To ensure that the advisory roles of Neighborhood Associations and the Inter-Neighborhood Council are substantive and transparent, the following procedures for Neighborhood Impact Statements are established. (i) Right to File. Any recognized Neighborhood Association and the Inter- Neighborhood Council (INC) may file an Neighborhood Impact Statement (NIS) regarding any matter pending before the City Commission and its advisory boards. The NIS is an official statement used to express the position of a Neighborhood Association or the INC as a whole and is not to be used to express individual, personal opinions. The NIS is a Neighborhood Association and / or INC’s formal communication to the City as to how the neighborhood(s) wish their representatives to vote on a matter that is before them. There are five types of actions from which the Neighborhood Associations and INC may choose: For, For If Amended, Against, Against Unless Amended, No Position, and Neutral. (ii) Process. Neighborhood Associations and INC must have a governing board in place and must have voted in a Neighborhood and / or INC meeting on the topic on which the NIS is being submitted. The NIS should include information about how the NIS was approved by the Neighborhood Association and / or INC (for example, if it was voted on by the entire Neighborhood Association or INC board, or if it was written by an officer authorized by the board to express its previously voted upon position). The NIS should also include the vote count. (iii) Early Notification. The City Commission, City Manager, City Clerk, or Neighborhoods Coordinator shall provide Early Warning notification to the affected Neighborhood Associations and the INC at least thirty (30) days prior to any scheduled final vote or public hearing on matters listed in Section 5.02(a). (iv) Submission and Inclusion. An NIS must be submitted to the City Clerk at least five (5) business days prior to the relevant public meeting. The City Clerk shall include the NIS in the official agenda packet and on the agenda item memorandum provided to the City Commission and relevant advisory boards. The NIS shall be maintained as a permanent part of the public record for the project or ordinance in question. (v) Public Meeting Protocol. During a public hearing or meeting where an NIS has been filed, the presiding officer of the meeting shall acknowledge the receipt of the NIS. A designated representative of the filing Neighborhood Association and / or INC shall be granted ten (10) minutes for a presentation and testimony, immediately following the staff and applicant presentations, to summarize the NIS findings. (vi) Formal Response. Should the City Commission take action contrary to a formal recommendation in an NIS, it shall provide a written or verbal explanation for the record during the public meeting, outlining the rationale for the deviation. (vii) Individual Rights Reserved. Submitting an NIS expresses a serious and committed position on an issue by a Neighborhood Association and / or the INC and demonstrates community interest and support (or disapproval) of an issue. This process does not preclude individual residents or members of the Neighborhood Association or INC from also expressing their opinions as individuals. Letters submitted to the City Clerk identifying an opinion on a specific NIS are to also be included in the file. Section 5.05 City Boards, Commissions and Committees. (a) Purpose. The City of Bozeman recognizes that its residents possess a wealth of professional expertise, technical knowledge, and life experiences that are essential to sound governance. This City of Bozeman establishes citizen advisory boards, commissions, and committees (hereafter “advisory boards”) to ensure that municipal policy is informed by resident expertise and a range of community perspectives. By establishing this advisory boards, the City seeks to encourage civic leadership by creating a formal pathway for residents to apply their specialized skills, to develop informed policy by engaging and incorporating the perspectives of Bozeman residents, and to proactively seek out and integrate the insights of the community into its long-term planning and legislative processes. (b) Powers. Advisory boards shall be advisory only, meaning they have no final decisionmaking authority. While the City Commission may refer specific matters to the advisory boards for study, neither the City Commission nor City staff shall prohibit or restrict an advisory board from establishing their own work plan or priorities. (c) Recommendations. Formal recommendations from advisory boards to the City Commission shall include the majority position, but any member or group of members shall have the right to submit a minority report or dissenting statement. All such reports, both majority and minority, shall be submitted concurrently to the City Commission and made available to the public without alteration by City staff. (d) Board Creation, Appointments, Compensation, Terms, and Qualifications. (i) Creation. Except for boards and commissions established by statute, the City Commission may create boards, commissions, or committees as determined necessary. (ii) Appointments. All appointments shall be made by the mayor, with the approval of the City Commission, following a public solicitation through the City’s digital and social media platforms, email lists, and official newspaper of record. Solicitations shall occur at least quarterly and when an unexpected vacancy occurs and must remain open for a minimum of thirty (30) calendar days. (iii) Representation. To ensure boards represent the entire city, the City Commission shall prioritize a balanced distribution of members across all Wards. (iv) Qualifications. Except where otherwise required by law, all members of city advisory boards shall be qualified electors of the City of Bozeman at the time of their appointment and throughout the term of their service. Subcommittees of existing boards, commissions, or committees shall be composed exclusively of members already appointed to the parent body. The City Commission shall not appoint outside individuals to subcommittees without following the formal public solicitation process outlined in this charter. (v) Ad Hoc Special Commissions. The City Commission may authorize the City Manager to establish ad hoc special commissions for specific purposes. Appointments made to these ad hoc special commissions must follow the formal public solicitation process outlined in this charter. (vi) Terms. Members of advisory boards shall serve four-year terms. Except where prohibited by law, the terms on all boards shall be staggered. Terms shall be staggered so that approximately one-half (½) of the seats on any body expire every two (2) years. (vii) Term Limits. No member shall serve more than two (2) consecutive four-year terms. A resident must remain off the board for at least one full two-year cycle before becoming eligible for reappointment. (viii) Limitation on Concurrent Service. No resident shall serve on more than one (1) advisory board at the same time. (ix) Eligibility. To ensure the absolute objectivity of advisory boards, no person shall be eligible to serve on an advisory board if they, or their employer, have a direct or indirect financial or contractual relationship with the City of Bozeman. This prohibition includes, but is not limited to: Owners, partners, or employees of any firm, organization, or corporation currently under contract with, or bidding for a contract with, the City of Bozeman; Staff, volunteer, or board members of any for-profit or non-profit organization or entity that has received a discretionary grant or financial consideration from the City of Bozeman within the previous twelve (12) months; Any person with a substantial indirect interest in a firm, organization, or corporation that renders services to the City for consideration. If a member of an advisory board, or their employer or organization, enters into a contractual or grant-based relationship with the City of Bozeman during the member’s term, that member shall be deemed to have a conflict of interest and their seat shall be considered immediately vacant. All applicants for advisory boards shall submit a full disclosure of any professional, financial, or volunteer ties to entities doing business with or receiving grants from the City of Bozeman. To ensure ongoing compliance with the eligibility standards of this charter, every member of an advisory board shall file an updated disclosure statement with the City Clerk annually by January 31st. Should a member’s employment, financial interest, or organizational affiliation change during their term in a way that creates a potential conflict under this Section, the member must notify the City Clerk in writing within five (5) business days. The City Clerk shall review these disclosures to ensure compliance with this Section prior to any appointment. If a new affiliation violates the eligibility requirements in this Charter, the seat shall be declared vacant immediately. (x) Compensation. Advisory board members shall serve without compensation.