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HomeMy WebLinkAbout04-30-26 Public Comment - Gallatin Valley Sentinel - Submission of Proposed Article II and Article VII Language – Establishing a 7-Ward Representative SystemFrom:The Gallatin Valley Sentinel To:Bozeman Goverment Study Commission Subject:[EXTERNAL]Submission of Proposed Article II and Article VII Language – Establishing a 7-Ward Representative System Date:Thursday, April 30, 2026 1:33:18 AM Attachments:GVS Recommended Text for City Commission and Elections.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. To the Members of the Bozeman Study Commission: Attached please find a formal proposal for the restructuring of Article II (City Commission)and Article VII, previously Article VI, (Elections) of the Bozeman City Charter. This proposed language moves the City from an at-large system to a seven-ward model, where eachcommissioner is elected directly by the residents of their specific geographic district. We submit these revisions to ensure that the outcome of this study process, that was approved by voters because they are unrepresented by their local government, results in an outcome thatcan actually achieve better representation. Bozeman residents have largely disengaged from their local government because it has been demonstrated that the City Commission ignores the will of the majority of the people. Thelanguage that we have proposed, both for Neighborhood Associations, Advisory Boards, and the Neighborhood Impact Statement Process, and today for how the City Commission iselected, is in direct response to what you have been hearing from Bozeman residents. You have previously said that once the decisions on wards are made, you would be open to revisiting the conversation of how the mayor is elected. We believe that this new proposedstructure warrants having that conversation and changing the current election of the mayor at- large to a model where the elected City Commissioners select from amongst themselves apresiding officer who will serve with the title of mayor, similar to the model used by neighboring Livingston. During your recent deliberations, there has been a suggestion that mandating NeighborhoodAssociations could serve as a viable alternative to establishing wards. While we strongly support the empowerment, but not the mandating, of Neighborhood Associations, we must beclear: Neighborhoods are not a substitute for wards. Neighborhoods are, and should remain, the vital sub-units within a larger ward structure. Neighborhoods serve as the "front porch" of democracy, but on their own, they lack theconstitutional and legislative authority that a ward-based system provides. As noted in Commissioner Strout's comments at your last meeting, not all residents have the time, desire, or resources to maintain an active neighborhood association at all times. Civicengagement often ebbs and flows based on local issues. A ward system would ensure that every resident has a direct representative, regardless of whether that resident belongs to aformal neighborhood association or how active that association chooses to be. Further, you have proposed mandated neighborhood associations, the boundaries of which may always bechanging based on fluctuations in population and annexations. This would be fixed by a wards system, where the boundaries of the wards can fluctuate, but the neighborhoods and the character and residents within them, remain constant. With all of the change that Bozemanresidents have endured in recent years, it is only right for their neighborhoods to remain constant. Our proposed language addresses several key structural needs: direct accountability (bydividing the city into seven compact, contiguous wards, we ensure that every resident knows who is responsible for their neighborhood's specific needs), protection of civic infrastructure(the proposed language mandates that ward boundaries must, as nearly as practicable, preserve existing Neighborhood Association boundaries, rather than splitting them), and legislativeteeth (unlike neighborhood associations, which are advisory, a ward commissioner holds a vote on the expenditure of city resources and the passing of ordinances and policy, ensuringthat neighborhood concerns are translated into policy). Bozeman is no longer a small town where at-large representation can effectively capture the nuances of our neighborhoods. We urge the Study Commission to view wards not as a threatto neighborhood associations, but as the legislative framework required to make neighborhood voices permanent and powerful. The items highlighted in Article I are the items that we changed. Articles II and VII are nothighlighted but have been changed almost in their entirety. Thank you. Katie AdamsSubmitted on behalf of The Gallatin Valley Sentinel ARTICLE I POWERS OF THE CITY Section 1.01. Powers of the City. The City of Bozeman shall have all powers possible for a city with self-governing powers to have under the constitution and laws of the State of Montana as fully and completely as though they were specifically enumerated in this charter. Section 1.02. Construction. (a) Powers. The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this article. (b) Priority Construction. As provided by Article XI, Section 5, of the Constitution of Montana, provisions herein establishing executive, legislative, and administrative structure and organization are superior to statutory provisions. Provisions governing ward-based representation and mandatory public processes shall be construed as fundamental to the city’s exercise of self-governing powers. Section 1.03. Intergovernmental Relations. (a) Participation. The City of Bozeman may participate by contract or otherwise with any governmental entity of the State of Montana or any other state or states or the United States in the performance of any activity which one or more of such entities has the authority to undertake. (b) Authorized Representatives. The city commission shall designate representation based on the nature of the engagement: (i) Administrative and Technical Matters. The city manager or designated staff shall represent the city in technical execution and inter-agency coordination. (ii) Legislative and Policy Matters. An elected city commissioner shall represent the city in policy-making, legislative advocacy, and commitment of city resources. (iii) Hybrid Matters. For activities involving both technical and policy implications, the commission may represent the city or delegate authority to the city manager to designate themselves or a member of staff. (c) Public Process and Ratification. No representative of the city, whether staff or elected, shall have the authority to cast a final, binding vote or enter into a binding legislative or policy agreement that commits city resources or alters city policy without a formal public hearing and a majority vote of the city commission at a regularly-scheduled public meeting. Any agreement entered into without this public process shall be considered void. ARTICLE II CITY COMMISSION Section 2.01. General Powers and Duties. All powers of the city shall be vested in the city commission, acting in partnership with the current residents of the city through the representative structures provided by this charter. Except as otherwise provided by law or this charter, the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. Section 2.02. Eligibility, Terms, and Composition. (a) Eligibility. No person shall be eligible to hold elective office as a commissioner unless that person is, and has been for a period of at least twelve (12) months immediately preceding the candidate filing deadline for such office, a resident within the commission ward corresponding in number to the office to which that person is elected or appointed. Each commissioner shall, during that commissioner’s term of office, reside within such commission ward. These eligibility requirements shall also apply to persons appointed to fill a vacancy in an elected office; however, the twelve (12) month residency requirement shall be measured from and precede the date of appointment. The boundaries of such wards shall be determined by an Independent Citizens’ Redistricting Advisory Board by report to the commission and shall be redetermined by the board, by resolution adopted not later than twelve (12) months following the publication of each federal census thereafter; provided that the population disparity between wards shall not exceed ten percent at the time of any such boundary determination or redetermination, and no boundary shall be altered so as to exclude any incumbent from office prior to the expiration of that incumbent’s term. (b) Terms. The term of office of elected officials shall be four years elected in accordance with Article VII. No person elected to the office of commissioner for two successive terms shall again be eligible to hold that same office until one full term has intervened. No person appointed to the office of commissioner shall be eligible to run for election to that same office until one full term has intervened. (c) Composition. The commission shall consist of seven commissioners, each of whom must be elected by the qualified electors of their respective ward, in accordance with the provisions of Article VI. There shall be no at-large seats. The commission shall elect from among its members a presiding officer who shall have the title of mayor, and vice mayor, as provided in §2.03(b). (d) Disqualification. No person shall be eligible to run for election or appointment to any elected office, who, within the prior five (5) years: (i) was convicted of a felony or entered a plea of guilty or no contest to a felony charge; (ii) was convicted of a violation of the conflict of interest or governmental ethics provisions of the charter, city ordinances, state or federal law. Any person disqualified under these provisions from seeking election or appointment to an elected city office shall likewise be ineligible for the same period of time to hold any appointed position in the city government or advisory boards. Section 2.03. Mayor (a) Powers and Duties. The mayor shall be a voting member of the city commission and shall attend and preside at all meetings of the commission; The mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties and shall not interfere with the administration of the city as provided in §2.05(c), below. The mayor shall not have any appointment power to city boards except where required by state law. (b) Mayor and Vice Mayor Selection. At the first meeting of each year, the commissioners shall elect from amongst themselves a presiding officer, who shall have the title of mayor, for one (1) year. The vice mayor shall be elected at the same time as the mayor for one (1) year and shall preside at commission meetings in the absence of the mayor. Section 2.04. Compensation and Expenses. The city commission may determine the annual salary of the mayor and commission members by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of commission members elected at the next regular election. The salary for the office of mayor shall be the same as that of a commission member, with any additional stipend for presiding duties clearly defined by ordinance. The mayor and commission members shall receive their actual ordinary and necessary expenses incurred in the performance of their duties of office. An itemized report of all such expenses for each commissioner shall be published on the city’s website quarterly to ensure full public transparency. Section 2.05. Prohibitions. (a) Holding Other Office. Except where authorized by law, no commission member shall hold any other elected public office during the term for which the member was elected to the commission. No commission member shall hold any other city office or employment during the term for which the member was elected to the commission. No former commission member shall hold any compensated appointive office or employment with the city until one year after the expiration of the term for which the member was elected to the commission. Nothing in this section shall be construed to prohibit the commission from selecting any current or former commission member to represent the city on the governing board of any regional or other intergovernmental agency, or any city board. (b) Appointments and Removals. Neither the city commission nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the commission may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquiries, and investigations under §2.09, the commission or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the commission nor its members shall give orders to any such officer or employee, either publicly or privately. Section 2.06. Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. An office becomes vacant on the happening of any of the following events before the expiration of the term of the incumbent: (i) The death of the incumbent; (ii) A determination pursuant to MCA Title 53, Chapter 21, Part 1, that the incumbent is mentally ill; (iii) The incumbent’s resignation; (iv) The incumbent’s removal from office; (v) The incumbent’s failure to attend three (3) consecutive or twenty-five percent (25%) of all regular meetings of the commission in a 12-month period, without being excused by the commission for a valid medical or military reason or death of an immediate family member; (vi) The incumbent’s open neglect or refusal to discharge duties; (vii) The incumbent’s ceasing to be a resident of the commission member’s ward; (viii) The incumbent’s ceasing to discharge the duty of office for a period of three (3) consecutive months; except when prevented by certified illness; (ix) The incumbent’s conviction of a felony or any offense involving moral turpitude or a violation of official duties; (x) The incumbent’s forfeiture of office in any manner authorized by law. (b) Forfeiture of Office. A commission member shall forfeit that office if the commission member: (i) Violates any express prohibition of this charter; (ii) Is convicted of a felony or a crime involving a violation of official duties; or (iii) Occur any of the events listed in Section 2.06. (c) Filling of Vacancies. In the event of a vacancy in the city commission, the commission shall, within sixty (60) days, appoint a qualified resident of the affected ward. Such appointment shall occur only after a public hearing and a minimum fourteen (14) day application period advertised to the residents of that ward. The appointee shall serve until the next regularly scheduled municipal election, at which time the office shall be filled for the remainder of the unexpired term, if any, pursuant to state law. Within thirty (30) days of a vacancy of the mayor, the commission shall select a new mayor from among its members to serve the remainder of the unexpired term. The vice mayor shall preside during the interim. Within thirty (30) days of a vacancy of the vice mayor, the commission shall select a new vice mayor from among its members to serve the remainder of the unexpired term. Section 2.07. Judge of Qualifications. The city commission shall be the judge of the grounds for forfeiture of a member's office, pursuant to §2.06.b. In order to exercise these powers, the commission shall have power to subpoena witnesses, administer oaths, and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, the right to be represented by legal counsel, and the right to cross-examine witnesses. The member shall be responsible for all costs associated with their legal representation; provided, however, that the commission may, by ordinance, provide for the reimbursement of reasonable legal fees if the hearing results in a final determination that no grounds for forfeiture existed. Notice of such hearing shall be published in the city’s official newspaper of record and on the city’s digital platforms at least fourteen (14) days prior to the hearing. A vote to declare an office forfeited shall require an affirmative vote of at least five (5) of the seven (7) members of the commission. Section 2.08. City Clerk. The city commission or the city manager, as designated by ordinance, shall appoint an officer of the city who shall have the title of city clerk. The city clerk shall give notice of commission meetings to its members and the·public, keep the journal of its proceedings, maintain the city’s official records in accordance with state law, and perform such other duties as are assigned by this charter, by the commission or by state law. Section 2.09. Investigations. The city commission may make investigations into the affairs of the city and the conduct of any city department, office, or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the commission shall be a misdemeanor punishable pursuant to state law. Section 2.10. Procedure. The city commission shall, by ordinance, establish its rules of procedure and time and place of meetings, in accordance with state law. Section 2.11. Action Requiring an Ordinance. In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city commission shall be by ordinance which: (a) Adopt or amend an administrative code or establish, alter, or abolish any city department, office, or agency; (b) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (c) Levy a new tax; (d) Grant, renew, or extend a franchise; (e) Convey or lease or authorize the conveyance or lease of any lands of the city; (f) Adopt or amend zoning and subdivision regulations; (g) Amend or repeal any ordinance previously adopted; or (h) Adopt, with or without amendment, ordinances proposed under the initiative power. (i) Establish or change the boundaries of city wards; provided, however, that the commission shall adopt the ward boundaries exactly as determined by the Independent Citizens’ Redistricting Advisory Board pursuant to §2.02(c). Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution. Section 2.12. Ordinances in General. Ordinances, regular, emergency, and technical regulations, will be proposed, published, and approved in accordance with state law. In addition to the requirements of state law, ordinances, administrative regulations, resolutions, and the Bozeman Municipal Code will be published electronically. Notice of any proposed ordinance impacting a specific Neighborhood Association or ward shall be transmitted directly to the designated leadership of any impacted neighborhood association and ward commissioner at least six (6) days prior to the first reading. The City Clerk shall maintain an updated registry of Neighborhood Association leadership for this purpose. ARTICLE VII ELECTIONS Section 7.01. City Elections. (a) Regular Elections. Regular city elections shall be held and administered in odd numbered years, pursuant to state law. Candidates shall run for office without party designation. (b) Beginning of term. The terms of new commission members shall start at the beginning of the first regularly scheduled meeting in January after their election. Section 7.02. Methods of Electing Commission Members. The city shall be divided into seven (7) wards as determined by the Independent Citizens’ Redistricting Advisory Board pursuant to §2.02. The mayor and vice mayor shall be selected from among the elected commission members as provided in §2.03. In the initial formation of wards and subsequent redistricting, as nearly as practicable, each ward shall be compact, contiguous, and of substantially equal population, and shall preserve existing neighborhood association boundaries. Section 7.03. Initiative; Citizen Referendum, and Recall. The powers of initiative, citizen referendum, and recall are hereby reserved to the electors of the city as provided by state law. In verifying petitions for initiatives and referendums, the number of signatures required shall be calculated based upon the total number of active registered voters as most recently certified by the county election administrator, effectively reducing the requirement in proportion to the number of inactive voters on the rolls.