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HomeMy WebLinkAbout05-13-26 Study Commission Agenda and Packet MaterialsA. Call to Order with Pledge of Allegiance and Moment of Silence - 4:00 PM, Commission Room, City Hall, 121 North Rouse B. Changes to the Agenda C. Public Comment on Anything within the Jurisdiction of the Study Commission THE STUDY COMMISSION OF BOZEMAN, MONTANA SC AGENDA Wednesday, May 13, 2026 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, or visit bozemanstudy.com. 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 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 D.1 Approval of Study Commission Minutes(Heinen) D.2 Authorize Chair Carson Taylor to Sign a Professional Services Agreement with Danegeld MT for Ballot Education Services(Maas) E. Correspondence or Study Commission Update F. Unfinished Business F.1 Review Further edits to Public Engagement Article (Franks/Cestero ) F.2 Decisions on Wards and Districts (Taylor/Franks) F.3 Decisions on Elected Mayor(Taylor/Franks ) F.4 Decisions on Commissioner Pay and Number of Commissioners G. New Business H. Future Agenda Items H.1 Discussion for May 20 (Heinen) 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. Consider the Motion: I move to approve the Study Commission meeting minutes from April 24, 2026. Reference Materials Study Commission Bylaws Study Commission Resources 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 406.582.3232. Study Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 2 Memorandum REPORT TO:Study Commission FROM:Caeleb Heinen, Recording Secretary Mike Maas, Ex Officio SUBJECT:Approval of Study Commission Minutes MEETING DATE:May 13, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to approve the Study Commission meeting minutes from April 24, 2026. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Attached are the written minute summaries from the previous two meetings. Future meeting minutes ought to be approved at the next schedule Study Commission meeting. All past meeting recordings are available for review on the City's Meeting Videos page. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Study Commission FISCAL EFFECTS:None Attachments: 04-30-26 Study Commission Meeting Minutes.pdf Report compiled on: April 24, 2026 3 Bozeman City Commission Meeting Minutes, April 30, 2026 Page 1 of 5 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 30, 2026 A) 00:03:20 Call to Order with Pledge of Allegiance and Moment of Silence - 4:00 PM, Commission Room, City Hall, 121 North Rouse Present: Carson Taylor, Becky Franks, Barb Cestero, Deanna Campbell, Jan Strout, Mike Maas Absent: None Excused: None B) 00:04:31 Changes to the Agenda 00:04:42 Proposed language for G.1 the presenter will be Chair Taylor instead of Ex Officio Maas C) 00:05:15 Public Comment on Anything within the Jurisdiction of the Study Commission 00:06:50 Mary Bateson gave public comment D) 00:07:23 Consent Agenda D.1 Approval of Study Commission Minutes 04-24-26 Study Commission Meeting Minutes.pdf D.2 Study Commission Claims Review and Approval 2026-03-22T15-53 Transaction.pdf 2026-03-28T00-29 Transaction.pdf 00:07:48 Motion to approve I move we approve the Consent Agenda for the April 30th meeting of the Local Government Study Commission Barb Cestero: Motion Deanna Campbell: 2nd 00:08:15 Vote on the Motion to approve I move we approve the Consent Agenda for the April 30th meeting of the Local Government Study Commission The Motion carried 5 - 0. 4 Bozeman City Commission Meeting Minutes, April 30, 2026 Page 2 of 5 Approve: Carson Taylor Becky Franks Barb Cestero Deanna Campbell Jan Strout Disapprove: None E) 00:08:24 Correspondence or Study Commission Update 00:08:31 Ex Officio Maas reported on where the Ballot Education Firm contract process is with Danegeld Reminder that June 18 will be a Study Commission Public Hearing 00:10:27 Cmr. Franks described her meeting with INC leaders and Cmr. Cestero, and her meeting with Emily Talago. F) 00:11:22 Unfinished Business F.1 Review and discussion on proposed changes to the Bozeman Charter Article IV and VII Article IV DRAFT Suggested Edits.pdf Article VII DRAFT Suggested Edits.pdf 00:11:28 Chair Taylor outlined the plan of action for the Study Commission meeting and further steps for the Study Commission 00:13:36 Cmr. Franks outlined the new changes for Article VII regarding Neighborhood Associations 00:19:51 Study Cmrs. and Ex Officio Maas discussed their thoughts on and execution of the Article VII Draft regarding Neighborhood Associations 00:53:59 Public comment on Article VII neighborhood associations 00:54:21 Mary Bateson gave public comment 00:56:34 Allison Sweeney gave public comment 01:01:48 Natsuki Nakamura gave public comment 01:03:55 Study Commissioners addressed comments by other Study Commissioners on draft Article VII as well as public comments 01:12:55 Cmr. Franks outlined editing the draft Article VII 5 Bozeman City Commission Meeting Minutes, April 30, 2026 Page 3 of 5 01:13:47 Cmr. Franks outlined the new changes to Article VII in relation to Advisory Boards 01:17:10 Study Cmrs. and Ex Officio Maas discussed their thoughts on and execution of the Article VII Draft regarding Advisory Boards 01:45:59 Public comment on Article VII city boards 01:46:15 Henry Happel gave public comment 01:49:18 Daniel Carty gave public comment 01:52:33 Mary Bateson gave public comment 01:53:50 Natsuki Nakamura gave public comment 01:56:33 Allison Sweeney gave public comment 02:00:15 Ex Officio Maas clarified 7.04.e in the draft Article VII 02:02:53 Emily Talago gave public comment 02:04:30 Ex Officio Maas responded to public comments about independent boards, conflict of interest, board limits and Resolution 5323 02:10:17 Clarification on Ex Officio Maas response 02:12:17 Cmr. Taylor continued the discussion on City Boards and summarized parts of the discussion 02:16:06 Vice Chair Franks discussed the Study Commissions next plan of action 02:16:49 Cmr. Taylor requested returning to article VII briefly before article IV 02:17:31 Meeting went into Recess 02:18:25 Meeting reconvened G) 02:18:29 New Business G.1 02:18:50 Review proposed language for Bozeman Municipal Courts proposed court language.docx 3-1-111. Powers respecting conduct of business, MCA.pdf Chapter 22.BMO.Municipal Court.pdf Chief Justice Roberts 2024 Report.pdf Separation of Powers.pdf 02:18:50 Chair Taylor introduced the current Charter language on courts 6 Bozeman City Commission Meeting Minutes, April 30, 2026 Page 4 of 5 02:20:26 Judge Colleen Herrington introduced herself as well as Court Administrator Miranda Johnson and Judge Karolina Tierney 02:24:49 Judge Colleen Herrington started discussion on court language in the Bozeman City Charter 02:24:53 Questions from Study Commissioners for the panel 02:34:54 Discussion on placing the judicial branch within the Bozeman City Charter 02:36:58 Study Commissioners discussed any further edits for Article IV Draft as presented 02:38:11 Public Comment on Article IV 02:38:56 Motion to adopt I move to adopt Article IV and to have the new location reflect the discussion and the title would be Judicial Branch Jan Strout: Motion Carson Taylor: 2nd 02:39:33 Vote on the Motion to adopt I move to adopt Article IV and to have the new location reflect the discussion and the title would be Judicial Branch The Motion carried 5 - 0. Approve: Carson Taylor Becky Franks Barb Cestero Deanna Campbell Jan Strout Disapprove: None 02:39:44 Study Commissioner returned to Article VII and the discussion they were having previously 02:41:40 Study Commissioners approved of a recommendation on town halls 02:42:10 Public comment on recommendation for town hall 02:42:39 Cmrs. Franks and Cestero will finalize the edits to be made to Article VII to bring forward for a new draft for the upcoming May 13 meeting G.2 02:45:30 Discussion on Wards and Districts At-large VS Wards 3.12.26.pdf Wards Documents for Bozeman 2026.pdf 7 Bozeman City Commission Meeting Minutes, April 30, 2026 Page 5 of 5 02:46:17 Discussion on the timeline for the next two meetings May 13 and May 20 02:47:31 Cmr. Cestero provided her thoughts on Wards and Districts 02:51:35 Cmr. Campbell provided her thoughts on Wards and Districts 02:55:19 Cmr. Strout provided her thoughts on Wards and Districts 02:59:40 Cmr. Franks provided her thoughts on Wards and Districts 03:06:17 Ex Officio provided his thoughts on Wards and Districts 03:08:00 Cmr. Taylor provided his thoughts on Wards and Districts 03:24:05 Cmr. Cestero provided her thoughts on electing Mayor at large H) 03:24:45 Future Agenda Items H.1 03:25:00 Discussion for May 13 03:25:00 Discussion on timeline to create a draft Charter by May 20 03:25:31 Cmr. Franks summarized current edits to be made to the Charter, and what potentially needs to have official votes 03:27:00 May 13 for final decisions on aforementioned votes May 20 for Charter language 03:30:17 Agenda for May 13: Danegeld Mayor Wards/Districts Size of Commission and Pay TIME LIMITED: look at Public Engagement Article I) 03:34:08 Public Comment on Anything within the Jurisdiction of the Study Commission 03:34:28 Natsuki Nakamura gave public comment 03:38:54 Mary Bateson gave public comment 03:40:53 Emily Talago gave public comment J) Announcements K) 03:43:21 Adjournment 8 Memorandum REPORT TO:Study Commission FROM:Caeleb Heinen, Recording Secretary Mike Maas, Ex Officio SUBJECT:Authorize Chair Carson Taylor to Sign a Professional Services Agreement with Danegeld MT for Ballot Education Services MEETING DATE:May 13, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Authorize Chair Carson Taylor to Sign a Professional Services Agreement with Danegeld MT for Ballot Education Services STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:This is the formal agreement with the selected firm for Ballot Education UNRESOLVED ISSUES:None Identified ALTERNATIVES:As per the City Study Commission FISCAL EFFECTS:$60,000 for the agreement with additional funding based upon the level of voter engagement chosen by the City Study Commission Attachments: 2026 PSA Ballot Education.pdf Report compiled on: May 11, 2026 9 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 13th day of May, 2026 (“Effective Date”), by and between the BOZEMAN STUDY COMMISSION (BSC) existing under 7-3-173, MCA, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “BSC,” and, Danegeld, LLC, hereinafter referred to as “Contractor.” BSC and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the Parties to this Agreement agree as follows: 1. Purpose: BSC agrees to enter this Agreement with Contractor to perform for BSC services described generally as a ballot education campaign further elaborated upon in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of March 2027. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services (see Exhibit A). For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: BSC agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by BSC and will become an additional charge over and above the amount listed in the Scope of Services. BSC must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce BSC to enter into this Agreement, 10 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 2 of 13 Contractor represents and warrants: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Scope of Services. b. Contractor has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in a professional, competent, and timely manner and with diligence and skill. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must not infringe upon or violate the rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or any other rights of any nature whatsoever, or violate any federal, state, and municipal laws. Contractor agrees BSC will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of BSC for any purpose. Contractor is not subject to the terms and provisions of BSC’s personnel policies handbook and is not considered a BSC employee for workers’ compensation or any other purpose. Contractor is not authorized to represent BSC or otherwise bind BSC in any dealings between Contractor and any third Parties. Contractor must comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor must furnish BSC with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 11 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 3 of 13 8. Labor Relations: If any labor problems or disputes arise during this Agreement, which cause any services to cease for any period of time, Contractor agrees to take immediate steps in its discretion, at its own expense and without expectation of reimbursement from BSC, to alleviate or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action. Contractor must provide immediate relief to BSC so as to permit the services to continue at no additional cost to BSC. Contractor acknowledges and agrees that BSC will not be a Party to any labor disputes between Contractor and any subcontractors or third Parties. 9. Indemnity: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the BSC, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the BSC) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any Party or Parties that may be asserted against, recovered from or suffered by the BSC occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the BSC harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of Contractor or Contractor’s agents or employees. For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes, Contractor must indemnify, defend, and hold the BSC harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring. Contractor’s obligations in this Section must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the BSC as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section must be without regard to and without any right 12 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 4 of 13 to contribution from any insurance maintained by BSC. Should the BSC be required to bring an action against Contractor to assert its right to defense or indemnification under this Agreement or under Contractor’s applicable insurance policies required below, the BSC must be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines Contractor was obligated to defend the claim(s) or was obligated to indemnify the BSC for a claim(s) or any portion(s) thereof. In the event of an action filed against the BSC resulting from the BSC’s performance under this Agreement, the BSC may elect to represent itself and incur all costs and expenses of suit. These obligations must survive termination of this Agreement and the services performed hereunder. 10. Insurance: In addition to and independent from Contractor’s indemnity obligations under Section 9, Contractor must, at Contractor’s expense, secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by Contractor in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by Contractor in Section 9. The insurance must be occurrence-based, and cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by BSC without limit and without regard to the cause. Contractor must furnish to BSC an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per claim; $2,000,000 per occurrence; • Commercial General Liability - $1,000,000 per claim; $2,000,000 per occurrence; • Automobile Liability - $1,000,000 per property damage claim and $1,000,000 per bodily injury claim; $2,000,000 per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 per occurrence. The above amounts must be exclusive of defense costs. BSC must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s 13 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 5 of 13 Liability, and Automobile Liability policies. The insurance and required endorsements must be approved by BSC and must include no less than a thirty (30) day notice of cancellation or non- renewal. Contractor must notify BSC within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. BSC must approve all insurance coverage and endorsements prior to Contractor commencing work. Alternative: Contractor must provide BSC a certificate of insurance prior to commencing work. BSC must approve the limits shown on the certificate prior to commencing work. BSC’s approval of the limits does not relieve Contractor of Contractor’s obligation to ensure the insurance meets the requirements. 11. Waiver of Claims: Contractor also waives any and all claims and recourse against BSC, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [BSC’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. 12. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, BSC may, by written notice, terminate this Agreement and Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). BSC may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third Party. b. In the event of a termination pursuant to this Section 12, Contractor must be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 12 must be in addition to any other remedies to which BSC may be entitled under the law or at equity. d. In the event of termination under this Section 12, Contractor must, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Termination for BSC’s Convenience: 14 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 6 of 13 a. Should conditions arise which, in the sole opinion and discretion of BSC, make it advisable to BSC to cease performance under this Agreement, BSC may terminate this Agreement by written notice to Contractor (“Notice of Termination for BSC’s Convenience”). The termination must be effective in the manner specified in the Notice of Termination for BSC’s Convenience and must be without prejudice to any claims that BSC may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for BSC’s Convenience, unless otherwise directed in the Notice, Contractor must immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and must immediately cancel all existing orders or contracts upon terms satisfactory to BSC. Contractor must do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for BSC’s Convenience. d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor must, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 14. Intellectual Property and Ownership of Work Product: a. Title and Ownership Rights. BSC retains title to and all ownership rights in all Work Product. “Work Product” includes all materials, tangible or not, created in whatever medium pursuant to this Agreement, including but not limited to publications, promotional or educational materials, reports, manuals, specifications, drawings and sketches, computer programs, software and databases, schematics, marks, logos, graphic designs, notes, data and content, including but not limited to multimedia or images (graphics, audio, and video), matters and any combinations of, and all forms of intellectual property. b. Ownership of Work Product. Contractor must execute any documents or take any other actions as may reasonably be necessary, or as BSC may reasonably request, to perfect BSC’s ownership of any Work Product. Contractor must, at no cost to BSC, deliver to BSC, upon BSC request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of BSC’s request, or such expiration or termination. c. Return of Physical Property. Upon expiration or termination of this Agreement, Contractor agrees to return to BSC all BSC property, including but not limited to any and all 15 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 7 of 13 physical items such as documentation, records, and equipment, which is in Contractor’s possession or under Contractor’s control. Contractor must submit to BSC a detailed account of all of BSC’s property in its possession or under Contractor’s control. Contractor must return BSC’s property in a method acceptable to BSC within ten (10) working days. Unless otherwise mutually agreed upon by the Parties, at no time must any of BSC’s property be retained by Contractor upon expiration or termination of this Agreement. d. Return of Data. Upon expiration or termination of this Agreement, Contractor agrees to return to BSC all BSC data. Contractor must submit to BSC a detailed account of all of BSC’s data in its possession or under Contractor’s control. Contractor must return BSC’s data in a format acceptable to BSC within ten (10) working days. At no time must any data or processes that either belong to or are intended for use of BSC or its officers, agents, or employees, be copied, disclosed, or retained by Contractor upon expiration or termination of this Agreement. e. Destruction of Data. If requested by BSC, Contractor agrees to destroy all of BSC’s data in its possession. When requested by BSC to destroy BSC’s data, Contractor agrees to permanently delete the data and ensure that it is not recoverable, in accordance with National Institute of Standards and Technology (NIST) SP 800-88 “Media Sanitation Guidelines.” f. Certification. In all cases, Contractor will certify that all of BSC’s information processed during the performance of the services will be completely purged from all physical and electronic data storage with no output to be retained by Contractor at the time the work is completed, the Agreement is terminated, or upon written request of BSC. 15. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages must be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor must provide BSC with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor must waive all rights to assert such claim. 16. Representatives and Notices: a. BSC’s Representative: BSC’s Representative for the purpose of this Agreement must be Carson Taylor or such other individual as BSC must designate in writing. Whenever approval or 16 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 8 of 13 authorization from or communication or submission to BSC is required by this Agreement, such communication or submission must be directed to BSC’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when BSC’s Representative is not available, Contractor may direct its communication or submission to other designated BSC personnel or agents as designated by BSC in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this Agreement must be Nevin Graves or such other individual as Contractor must designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication must be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, BSC may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement must be in writing and must be provided to the Representatives named in this Section. Notices must be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 17. Permits: Contractor must provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a BSC of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 18. Laws and Regulations: Contractor must comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 19. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by BSC. This includes ensuring that BSC’s communications with people with disabilities are as effective as its communications with others. 17 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 9 of 13 If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by BSC, Contractor must use the BSC style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). BSC will not accept digital content that does not comply with WCAG A and AA guidelines. If BSC refuses digital content because it is non-compliant with the BSC style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to BSC. 20. Generative Artificial Intelligence (AI): Contractor must inform the BSC’s representative of its intention to utilize Generative AI to fulfill the deliverables or services detailed in the Scope of Services. BSC’s representative may, in their discretion, permit or deny Contractor’s use of Generative AI. If Contractor is permitted to use Generative AI, Contractor agrees to review any work created by Generative AI for accuracy, bias, and copyright infringement. Contractor agrees it will never submit any confidential or personal identifiable information acquired through this Agreement into a Generative AI system. For the purposes of this section, Generative AI is defined as a deep learning model that can generate high quality content such as stories or writings, images, voice replication and music. 21. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor of persons performing this Agreement must be on the basis of merit and qualifications. Contractor must have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Contractor cannot refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Contractor is subject to and must comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to BSC any violations of the Montana Equal Pay Act that Contractor has 18 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 10 of 13 been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 22. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor must not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to BSC under this Agreement while on BSC property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and must comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. BSC must have the right to request proof of such compliance and Contractor must be obligated to furnish such proof. Contractor must be responsible for instructing and training Contractor's employees and agents in proper and specified work methods and procedures. Contractor must provide continuous inspection and supervision of the work performed. Contractor is responsible for instructing its employees and agents in safe work practices. 23. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both Parties. Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of BSC. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 24. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by BSC demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor must allow BSC, its auditors, and other persons authorized by BSC to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. Contractor cannot issue any statements, releases or information for public dissemination without prior approval of BSC. 25. Non-Waiver: A waiver by either Party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other Party’s right to enforce such term 19 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 11 of 13 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 26. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required in this Agreement, the prevailing Party or the Party giving notice is entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the BSC Attorney’s Office staff. 27. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 28. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must be resolved first by negotiation between senior-level personnel from each Party duly authorized to negotiate settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. The Parties must attempt to resolve by negotiation within 90 days after the claim, controversy, or dispute has arisen. b. If the Parties are unable to resolve the dispute pursuant to subsection (a), then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. In such a case, all court actions must be commenced within 1 year after the settlement procedure in subsection (a) has been exhausted. 29. Survival: Contractor’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 30. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 31. Severability: If any portion of this Agreement is held to be void or unenforceable, all other provisions of this Agreement must remain in effect. 32. Applicable Law: The Parties agree that this Agreement is governed by the laws of the State of Montana. 20 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 12 of 13 33. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 34. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the Parties, does not constitute a third-Party beneficiary agreement, and may not be relied upon or enforced by a third Party. 35. Counterparts: This Agreement may be executed in counterparts, which together constitute this Agreement. 36. Integration: This Agreement and all Exhibits attached hereto constitute the entire Agreement of the Parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the Parties. There are no understandings between the Parties other than as set forth in this Agreement. All communications, either oral or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 37. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 38. Extensions: This Agreement may not be extended beyond March 31, 2027. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 21 Professional Services Agreement for Bozeman Study Commission Ballot Education Campaign Page 13 of 13 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. BSC OF BOZEMAN, MONTANA Danegeld, LLC CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Carson Taylor, Bozeman Study Commission Chair Print Name: Nevin Graves Print Title: Partner APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 22 9 Scope of Project We will approach the campaign with a 3 stage plan beginning the moment the contract is signed and ending with a post-election debrief. Danegeld anticipates developing a Strategic Communications Plan that centers the Study Commission as the hub for the City’s education and outreach. This plan will include unified branding, a cohesive central message from the Study Commission, and the avenues of communication for city staff and electeds. We intend to create the majority of the cohesive branding, unifying messaging, and public facing content as early as possible while putting deliberate care into creating space for the final ballot language information. Our messaging will clearly describe the options ahead, the work of the study commission, and the details of both the ballot language process and the proposed amendment itself. From the start of contract into early June, we will work closely with the Commission to finalize branding and messaging in partnership with Danegeld personnel and Graphic Designer Erin Corsi. All content and assets created during the course of the contract will adhere to WCAG 2.1 AA standards and the Americans with Disabilities Act, with particular attention taken to adhere to recent changes to Title II of the ADA. As the specific language for the charter takes shape, we will move with the Study Commission into the second phase of our plan to bring the unified message, branding, and updates from the Commission to the public as language becomes available for comment. We intend to utilize a broad swath of outreach and media options to reach the entirety of Bozeman’s voters, including but not limited to local news, social media, presentations by the Commission, updates through official city channels, paid advertisements, community partnerships, and broadly available, easily identifiable infographics both physical and digital. With the branding created alongside the study commission at the start of the contract, we anticipate easy translation across digital, print, and physical media for all educational materials and voter outreach. We will use these combined efforts and partnerships with local community organizations to drive engagement and education along both the broadly accessed and frequented communication channels and those more likely to reach underserved and disengaged voters. As we move through June and closer to finalized language and Election Day, we will move into our 3rd phase leveraging partnerships and communication channels to make a final push for voter awareness and participation. We will also use the time from July until Election Day to address any unanticipated changes to the election process, changes to the proposed language on the ballot, or any other unforeseen issues. As we continue to elaborate the importance and details of the upcoming charter options to the public, we will ensure that our previously established plan and branding remain consistent throughout. From the start of the contract through to election day, we want to ensure we reach Bozeman’s voters through all available channels with a consistent and identifiable message to provide information in a clear, engaging way. Following a post-Election Day debrief, we will work with the Study Commission to ensure all information was accurately conveyed and that the plans, branding, and efforts put towards this process remain viable and usable to the Study Commission and the city for future efforts to the highest extent possible. The broader political environment has a high potential to produce last-minute changes to election procedures for the 2026 General Election. Our pricing proposal encompasses what we believe to be sufficient resources to craft and deploy engaging materials from a neutral voice on the Amended City Charter and provide support and coaching to the Study Commission as the public engages with the content. We have also budgeted time to provide rapid responses to emergent issues in voting procedures, misinformation regarding the content, and other messaging and design needs that may arise. Exhibit A 23 18 Price Proposal Our pricing model is based in the following major expense areas: consulting personnel hourly fees, print/broadcast/digital media creation and distribution expenses, and internal software and digital tools. We remain open to negotiation on hours committed in either direction. Media content creation and distribution costs are tiered according to increasing sizes of target audiences and/ or contact attempts during the campaign. Pricing Breakdown Personnel Costs Four Consultants for 600 hours (Approximately 150 hours over 6 months for 4 people) $100 / Hour x 600 Hours = $60,000 Media Content Creation and Distribution Lowest Effective Engagement: 14,594 voters (equal to total ballots cast in the 2025 Municipal General Election for the Mayoral contest) ~$1.50 spent per voter = $21,900 Active Electorate Engagement: 43,281 voters (equal to total registered voters in the 2025 Municipal General Election) ~$1.50 spent per voter = $64,950 Transformative Voter Engagement: Previous tier expense total x 2 ~ $3 spent per voter = $129,900 Software and Other Tools A portion of costs for internal software and digital tools needed to complete the project. $1,400 24 19 Nondiscrimination & Equal Pay Affirmation Danegeld, LLC hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. Danegeld, LLC hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Tor Gudmundsson Tor Gudmundsson, Principal Danegeld, LLC 25 Memorandum REPORT TO:Study Commission FROM:Caeleb Heinen, Recording Secretary Mike Maas, Ex Officio Barb Cestero, Study Commissioner Becky Franks, Study Commissioner SUBJECT:Review Further edits to Public Engagement Article MEETING DATE:May 13, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:The Study Commissioners may review edits made by Study Commissioners Franks and Cestero on the Public Engagement Article. Edits are scheduled for approval on May 20 STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:This is part of an ongoing review of the Bozeman Charter and a new added Article that relates to Public Engagement UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Study Commission FISCAL EFFECTS:None identified Attachments: Article VII DRAFT Additional Edits Round 2.pdf Report compiled on: May 7, 2026 26 1 Article VII Creation (taken from Article IV) ARTICLE VII ROLE OF PUBLIC ENGAGEMENT IN LOCAL GOVERNANCE Section 7.01. Public engagement as an essential part of civic infrastructure. The active, informed, inclusive, and equitable engagement of community members, both individually and collectively, is an essential element of healthy civic life and a thriving local democracy. The city shall treat public engagement as an integral part of effective and trusted governance, not just as an occasional process or activity. The city shall treat engagement as a “multi-channel” endeavor that includes face-to-face meetings, virtual interactions, and other online communications. Public engagement should facilitate two-way communication between the city and the community. The departments of city government shall encourage collaboration in public engagement efforts with other government jurisdictions and authorities, anchor institutions, neighborhood associations, advisory boards, community-based organizations, civic groups, and individual residents. Section 7.02. Institutional structures to support and coordinate engagement. The City of Bozeman shall formally recognizes Neighborhood Associations, the Inter Neighborhood Council and advisory city boards as essential partners in the municipal decision-making and public education process. The city shall adapt existing structures and/or establish new institutional structures to oversee, support, coordinate, track, and measure engagement on an ongoing basis. These structures can include: (1) Neighborhood Associations (2) City advisory boards, authorities, commissions and committees (3) Departments or administrative positions (4) Participatory budgeting processes and commissions Section 7.03. Principles of public engagement. To ensure public engagement centers on the needs and goals of community members, the city shall uphold the following principles: a) Inclusion. Design engagement to be open, representative, and inclusive. Actively recruit participants, use clear communication, and co-create processes with Bozeman’s diverse communities. Be proactive in outreach to bring in diverse voices, partner groups, and ideas. b) Transparency. Communicate clearly and in ways residents can understand to ensure community members can engage effectively. Share complete results and explain how public input affects decisions. c) Accountability. Provide meaningful ways for residents to influence decisions. Be clear about the purpose, scope, and how input will be used, while allowing flexibility as conditions change. d) Accessibility. Make participation easy by using a variety of times, reachable locations, welcoming spaces, and inclusive online options that account for technology and access barriers. e) Collaboration. Build ongoing relationships with residents, community groups, and partners to support shared learning and long-term engagement. 27 2 Section 7.04 Neighborhood Associations (a) Purpose. The City of Bozeman values the contribution neighborhoods make to the governance of the city. The city seeks to strengthen neighborhood participation where it exists and encourage participation city-wide. This will be accomplished by supporting neighborhood associations as inclusive, deliberative, and advisory bodies that promote two-way communication, early public involvement in planning and policy, neighborhood leadership development, and enhance transparency and trust. Neighborhood Associations will champion the needs of their neighborhoods to ensure informed decision making and assist in public education on neighborhood and city issues.. (b) Recognition of Neighborhood Associations. There shall be a City program that supports the creation and maintenance of resident-led Neighborhood Associations. The city commission shall establish by ordinance minimum recognition requirements for neighborhood associations that support inclusive participation, democratic deliberation, and effective communication with residents and the city. These requirements shall include, but not be limited to: (1) clear geographic boundaries developed in partnership between the neighborhood, Inter-Neighborhood Council and the City Neighborhood Liaison; (2) the definition of membership eligibility includes all residents, property owners, business owners, and non-profit organizations located within a given neighborhood association’s boundary; (3) adherence to established minimum by-laws that ensure democratic, deliberative voting procedures, continuity of governance, and provide voting capabilities by a Neighborhood Association’s selected Inter- Neighborhood Council representative; (4) copy of the by-laws and all amendments filed with the city; (5) periodic meetings, including an annual meeting; (6) inclusion of all residents in the neighborhood association; (7)(6) demonstrating that it has a means of regular, accessible, and two- way communication with all residents in the neighborhood. (7) capacity to develop and transmit reasoned advisory input on neighborhood and citywide issues. (8) A neighborhood association must meet and continue to maintain conformity with the minimum standards established by ordinance in order to be recognized by the city and to be eligible to elect members to the Inter-Neighborhood Council. (c) City Liaison. The City shall designate at minimum a full-time staff member to serve as partner and liaison to the Inter-Neighborhood Council and neighborhood associations. The staff liaison shall support coordination, leadership development, training, and two-way communication, and may assist in facilitating participatory planning, budgeting, and policy engagement processes. 28 3 (d) Inter-Neighborhood Council. There is hereby established an Inter-Neighborhood Council (INC) to be composed of representatives selected by each formally recognized neighborhood association. (1) Purpose and Role. The Inter-Neighborhood Council shall provide a forum for Neighborhood Association representatives to come together, deliberate, share information, and develop reasoned recommendations to the City Commission, City Manager, and the Mayor on neighborhood level and/or city-wide issues. This does not preclude a neighborhood association from taking its concerns directly to the City Manager, Mayor or the City Commission. (2) The Inter-Neighborhood Council shall adopt by-laws governing the conduct of business emphasizing deliberation, transparency and inclusive participation. Such by-laws shall be approved by the city commission, or as designated by ordinance. (3) A vacancy for the Inter-Neighborhood Council shall be filled only by the affected neighborhood association. The city should appoint a city commissioner as a non-voting liaison of the Inter-Neighborhood Council. (4) The Inter-Neighborhood Council shall meet on a regular basis to address city-wide concerns and foster dialogue between neighborhoods and city leadership. (5) When practicable, the INC shall be consulted during the formative stages of citywide planning efforts, major policy initiatives, and budget priority discussions that affect neighborhood associations. (6) When INC develops formal recommendations on an issue of importance, there shall be an opportunity to present these recommendations during a City Commission meeting as part of the relevant agenda item. (7) The City Commission and/or designated city staff shall publicly provide timely responses to formal recommendations submitted by the Inter- Neighborhood Council, including an explanation of how such input was considered or the reasons for any divergence. (7)(8) The City of Bozeman Neighborhood Liaison staff member shall work with the Inter-Neighborhood Council to grow participation and develop boundaries to include all Bozeman residents in a Neighborhood Association without any neighborhood having more of a voice than any other. (e) Composition and Responsibilities. 1) A neighborhood association must meet and continue to maintain conformity with the minimum standards established by ordinance in order to be recognized by the city and to be eligible to elect members to the Inter- Neighborhood Council. 2) The entire city shall be divided into Neighborhood Associations and shall be formed to represent each neighborhood. 3) The City of Bozeman Neighborhood Liaison staff member shall work with the Inter- Neighborhood Council to grow participation and develop boundaries to include more 29 4 all Bozeman residents in a Neighborhood Association without any neighborhood having more of a voice than any other. 4)1) The City of Bozeman shall be responsible for providing information on city and neighborhood issues to all Neighborhood Associations and INC regularly and early in the decision-making process. 5)2) The Neighborhood Associations and INC shall be responsible for reporting to the City Commission regarding concerns and interests of the residents of the neighborhoods and of the city on a regular basis and in a timely manner. Section 7.04. City Boards., Commissions and Committees. The City Commission may create boards, commissions, agencies or committees (here forward referred to “City Boards”) as are required by state law or as desired by the City Commission. (a) Purpose. City boards assist the City of Bozeman by providing expert and experienced guidance, representing community perspectives, increasing transparency, and reviewing policies or proposals before decisions are made. Advisory boards serve as valuable platforms for broad, early public engagement on important issues and decisions. By providing opportunities for resident engagement, city advisory boards strengthen decision-making and public trust. City boards provide advice and recommendations to the City Commission; encourage public participation in civic affairs; and assist in public education on matters within their purview. (b) Powers. City boards Boards, commissions, or committees of city government shall be advisory only. They shall have no administrative authority unless specifically required by federal or state law, or interlocal agreement. 1. City Advisory boards shall be established by City resolution which includes the purpose of each board and the number, desired skills and necessary experience of its members. The board, in collaboration with city staff and commission liaison shall establish annual priorities and public engagement processes. should adopt a charter for the board, annual priorities, and public engagement processes in advance of formal deliberation and decision-making efforts. 2. Advisory boards that address specific policy arenas should actively engage residents in a variety of ways, and this responsibility should be reflected in the charter of the advisory board. (c) Appointments, Compensation, Terms and Qualifications. 1. All city boards, commissions, or committees will be established by the City Commission and members will be appointed by the commission and the mayor, when required by law, following public solicitation through media channels advertised not less than twice annually. 2. To ensure city boards , commissions and committees are inclusive, open, and accessible to all members of the public, city officials should conduct continual public outreach to make sure city boards reflect the composition of the community. to bring in new voices to serve on these advisory boards. 30 5 3. Appointments may be made to fill unexpected vacancies or vacancies not filled through the last round of advertisements from those applications on file as of the date of appointment. 4. Subcommittees of existing boards, commissions, or committees may be appointed by the city commission without the necessity of public solicitation. 5. The city commission may authorize the city manager to establish special ad hoc commissions for specific purposes without public advertisement. 6. Except where prohibited by law, the terms on all boards shall be staggered and shall be limited to two (2) consecutive terms. 7. Board, commission or committee members shall serve without compensation. 8. Each city board shall have an identified commission liaison and staff liaison who are expected to attend meetings. Recommendations: (a) City Resolution 5323 was mentioned in public comments regarding city advisory boards. Because it is a resolution of the City Commission, the Study Commission cannot revise the resolution. However, the resolution should be reviewed and revised to address the following issues: 1. The perception that the resolution weakens the effectiveness of the advisory boards by placing excessive limits on how boards communicate with city officials, including the “One Body, One Voice” principle, which places restraints on the flow of information to the City Commission, including sharing of dissenting opinions among board members; 2. Ways to improve better collaboration and communication between city staff and advisory board where members encourage a respectful, free flow of ideas and information. 3. Improved ways to enable high achieving boards to manage their goals, workplans, and functions with greater autonomy with the trust and guidance of staff. (b) The city should create a budgetary line with sufficient resources to support the activities and meetings of the Neighborhood Associations. (c) The city should work collaboratively with INC to increase participation in Neighborhood Associations so that by 2036 a substantial portion at least 50% of city residents are included geographically in a Neighborhood Association. This should include a review of the existing ordinance establishing INC and the neighborhood associations. (c)(d) At least once per year, the City should hold a townhall meeting with the community, as another, less formal mechanism of public engagement that will help City officials understand residents’ issues and concerns. 31 Memorandum REPORT TO:Study Commission FROM:Caeleb Heinen, Recording Secretary Mike Maas, Ex Officio Becky Franks, Study Commissioner Vice Chair Carson Taylor, Study Commissioner Chair SUBJECT:Decisions on Wards and Districts MEETING DATE:May 13, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:The Study Commissioners will be making decisions on Wards and Districts and their place in the Bozeman City Charter. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The Study Commissioners have previously participated in Learning Sessions with Dan Clark and received materials and research on Wards and Districts and how they would interface with Bozeman if proposed. Attached: At Large vs. Wards (Dan Clark) Wards Documents for Bozeman (Dan Clark) UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Study Commission FISCAL EFFECTS:None identified Attachments: At-large VS Wards 3.12.26.pdf Wards Documents for Bozeman 2026.pdf Report compiled on: May 7, 2026 32 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. Comparison of Electoral Systems in Medium-Sized Cities Prepared by the MSU Extension Local Government Center Introduction The City of Bozeman has a long history of conducting its elections on an at-large basis. When the study commission first proposed a city charter in 1976, it recommended electing city commissioners nominated by wards but elected at-large; however, that charter was ultimately rejected by the voters. In the Final Report prepared by the City’s first local government review, the study commission documented findings from a community survey indicating concerns about responsiveness in local government. As the report noted, citizens expressed “some dissatisfaction with the apparent unwillingness of local government officials to listen to them. The commission feels that the election of some of the commissioners by districts may cause those, so elected, to be more responsive to residents of their [ward]. A recognized danger in this method of electing commissioners is that they may become overly responsive to the citizens of their area. This may result in less concern for issues that affect the whole city and may cause a lack of harmony among commissioners. Election of all commissioners by the total electorate of the city will reduce the likelihood that these situations will develop.” Fifty years ago, the study commission had identified many of the same advantages and disadvantages associated with ward-based and at-large elections that continue to shape the discussion today. Below is a review of the advantages and disadvantages of elections conducted by wards, at-large, and hybrid systems (a combination of ward-based and at-large elections). These conclusions are drawn from peer-reviewed academic literature and applied research guides, including publications from the American Journal of Political Science, Political Science Research and Methods, and the Canadian Journal of Political Science, as well as practitioner-focused resources such as the Democracy Reform Primer Series produced by the University of Chicago’s Center for Effective Government at the Harris School of Public Policy, and analyses from the Pacific Research Institute. Artificial intelligence tools were used to synthesize and organize findings across these sources. ELECTIONS BY WARD Below is a list of advantages and disadvantages of elections by ward. This is a familiar practice in Montana and is the statutory default option for those municipalities in Montana that have selected the commission-executive form of government. Advantages 33 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. • Increases descriptive representation for racial and ethnic minorities o District elections increase representation for racial/ethnic minorities when groups are moderately sized and geographically concentrated. [Source 1 & 4] o Conversion from at-large to district elections produces dramatic gains in minority officeholding when minority population share is sufficiently large. [Source 3] • Enhances representation of lower-income neighborhoods o District systems increase the proportion of elected officials from lower-income and high-renter neighborhoods. • Stronger neighborhood advocacy o Ward councilors focus on geographically defined neighborhood interests and are more responsive to localized concerns. [Source 6] o Ward-based systems create a “representational focus” on smaller areas, improving neighborhood-level responsiveness. • Lower campaign costs and higher local engagement o Candidates campaign within a smaller geographic unit, which reduces cost barriers and encourages more candidates to run. [Source 4] Disadvantages • Risk of parochialism (“ward politics”) o Councilors prioritize neighborhood interests over citywide needs, which can fragment policy decision-making. • Encourages logrolling and pork-barrel spending o Ward systems incentivize vote trading to direct geographically concentrated spending to each member’s area. [Source 8] o This can raise total municipal spending on localized capital projects. • May disadvantage women candidates o Empirical evidence shows women are less likely to be elected in single-member districts compared to at-large elections. [Source 4] • Ineffective when minorities are not geographically concentrated o District representation benefits minorities only in cities where groups are sufficiently large and segregated. Otherwise, districting provides little or no improvement. [Source 4] Options for Elections by Wards If Bozeman were to retain five elected commissioners, one option would be to continue electing the mayor at-large while electing the remaining four commissioners from wards 34 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. drawn to be as compact and equal in population and geographic area as practicable. Under this approach, each ward would be represented by a commissioner serving approximately 14,500 residents. By comparison, districts for the Montana House of Representatives generally include between 10,000 and 11,000 residents. To further reduce the number of residents represented by each commissioner, the study commission could propose adding two additional commission seats. Expanding the commission in this manner would allow for six wards, with each commissioner representing just under 9,700 residents and the mayor elected at-large. Possible charter language: Following each federal decennial census, the city commission shall divide the city into [the number of commissioner wards corresponding to the number of commissioners elected by ward], ensuring that the wards are as compact as practicable and equal in population and geographic area. Apportionment may occur at any time for the purpose of equalizing population and area among commissioner wards. However, a commissioner ward may not be changed in a way that affects the term of office of any city commissioner who has been elected. Additionally, changes to the boundaries of any commissioner ward may not be made between the date that is six months prior to a city commissioner primary election and the date of the general election. AT-LARGE ELECTIONS At-large elections are the statutory default option for selecting city commissioners in the Commission-Manager form of government. Advantages • Encourages citywide perspective and policy coordination o At-large councilors see their constituency as the entire city, which promotes citywide rather than neighborhood-based decision-making. [Source 6] • Reduces neighborhood parochialism o At-large elections were originally adopted to reduce corruption and the hyper-localism associated with ward systems. [Source 6] • Promotes gender diversity o Research finds at-large systems tend to elect more women compared to district systems. [Source 5] • Less susceptible to gerrymandering o Because the entire city votes, manipulation of district boundaries is not possible. [Source 4] 35 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. Disadvantages • Marginalizes racial and ethnic minorities o At-large systems historically diluted minority voting power and still suppress minority representation in many contexts. [Source 4] o Conversion from at-large to district elections consistently increases minority representation when minority groups are sizable. [Source 3] • Higher campaign costs o Campaigning citywide is significantly more expensive, limiting candidate diversity. [Source 2] • Overrepresentation of business or elite interests o At-large representatives tend to align more with citywide economic interests (business elites) rather than neighborhood-level concerns. [Source 6] • Lower responsiveness to neighborhoods o Councilors elected citywide pay less attention to geographically specific issues. [Source 6] HYBRID (MIXED WARD + AT-LARGE) SYSTEMS Research on hybrid systems is more limited, but emerging studies offer clear patterns. Advantages • Balances neighborhood representation with citywide perspective o Hybrid councils that are majority district-based retain the representational benefits of ward systems but incorporate at-large seats that promote citywide coordination. • Improves gender diversity o Including at-large seats in an otherwise ward-based system can increase the election of women compared to pure ward systems. • Reduces extreme drawbacks of both systems o Hybrids can prevent excessive parochialism while still protecting minority and neighborhood voices. [Source 9] Disadvantages • Minority representation depends on the proportion of ward seats o Hybrids with only a small number of district seats may still dilute minority representation compared to pure districts. [Source 9] 36 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. • More complex system design o Hybrid systems require balancing ward boundaries, at-large ballot design, and potential structural inequities. • Can perpetuate inequities if at-large seats dominate o Research warns that if at-large seats form a majority, hybrid systems replicate the underrepresentation issues of pure at-large models. [Source 4] Hybrid Options for Bozeman One option for structuring the City Council is to retain a five-member council, with one member serving as mayor. Under this approach, the mayor would continue to be elected at-large by voters citywide, while the remaining four council members would be associated with geographic wards. Those four wards would be drawn to be as compact and equal in population and geographic area as practicable. Within this structure, a key design choice is how the four ward associated council members would be elected. Under one variation, each of the four council members would be required to both reside in and be elected by voters within their respective wards. This approach would emphasize direct neighborhood representation and accountability between council members and the residents of their ward. Alternatively, the four council members could be required to reside in a ward but continue to be elected at-large by the entire electorate. This option would preserve a citywide voting base while ensuring geographic diversity among council members, blending elements of ward representation with at-large elections. Gallatin County uses this same method when electing the County Commissioners. Another option would be to expand the council to seven members, which would reduce the number of residents represented by each councilor and increase overall geographic representation. Under this model, one member would serve as mayor and be elected at-large, along with one additional council member elected at-large. The remaining five council members would reside in and be elected from five wards drawn to be as compact and equal in population and geographic area as practicable. This structure blends ward-based representation with at-large positions, balancing neighborhood responsiveness with a citywide perspective. It would also spread representation more evenly across the city while retaining at-large seats to address issues affecting the community as a whole. Summary Table 37 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. Model Advantages Disadvantages Ward Strong minority & low income representation; localized responsiveness; lower campaign costs Parochialism; logrolling; may reduce gender representation; ineffective where minorities not concentrated At-Large Unified citywide policy view; more women elected; less gerrymandering Dilutes minority representation; higher costs; elite dominance; weak neighborhood responsiveness Hybrid Balanced citywide + neighborhood representation; better gender diversity; moderates extremes Minority gains depend on ward ratio; can replicate at large inequities; structurally complex Sources: 1. Cushing-Daniels M, Jones D and Shannon B (2026) District-based elections and class- based representation: evidence from the California Voting Rights Act. Political Science Research and Methods, 1–17. https://doi.org/10.1017/psrm.2025.10070 2. Warnken, M. (2025, February 13). City representation: Single-member districts versus at-large (Free Cities Center Analysis). Pacific Research Institute. https://www.pacificresearch.org/free-cities-center-analysis-city-representation-single- member-districts-versus-at-large/ 3. Abott, Carolyn and Magazinnik, Asya. 2020. "At-Large Elections and Minority Representation in Local Government." American Journal of Political Science, 64 (3). 4. Trounstine, J. (2024). District vs. at-large elections: A practical research guide (Democracy Reform Primer Series). University of Chicago Center for Effective Government. https://effectivegov.uchicago.edu 5. Hofer, S., Huang, C., & Murray, R. (2018, October). The trade-offs between at-large and single-member districts (Hobby School of Public Affairs White Paper Series No. 14). University of Houston, Hobby School of Public Affairs. 6. Koop, R., & Kraemer, J. (2016). Wards, at-large systems and the focus of representation in Canadian cities. Canadian Journal of Political Science / Revue canadienne de science politique, 49(3), 433–448. https://doi.org/10.1017/S0008423916000512 [Wards at-l...f Poli Sci | PDF] 7. Trounstine, J., & Valdini, M. E. (2008). The context matters: The effects of single-member versus at-large districts on city council diversity. American Journal of Political Science, 52(3), 554–569. 38 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. 8. Dalenberg, D. R., & Duffy-Deno, K. T. (1991). At-large versus ward elections: Implications for public infrastructure. Public Choice, 70(3), 335–342. https://www.jstor.org/stable/30025474 [At-Large v...astructure | PDF] 9. Jasso, F., & Krebs, T. (n.d.). Hybrid city council election systems (Informational brief). Pat Brown Institute for Public Affairs, California State University, Los Angeles; University of New Mexico. [Hybrid Cit...on Systems | PDF] 39 LOCAL GOVERNMENT CENTER | QUASI JUDICIAL HANDOUT | 01LOCAL GOVERNMENT CENTER | WARDS vs. DISTRICTS | 01 DIFFERENCE BETWEEN “WARDS” AND “DISTRICTS” IN MONTANA In the Montana Code Annotated (MCA), the terms “ward” and “district” are not interchangeable, they apply to different types of local governments and serve different legal purposes. Created only in municipalities (cities and towns) Used for electing city/town council members and defining representation within the municipality Boundaries changed only by ordinance Must have at least 150 electors to form a new ward Number of wards depends on the class of the city (1st, 2nd, 3rd class or town) WARDS Used only in municipalities (cities and towns) Under MCA 7 5 4401, cities and towns must divide themselves into wards for election and other municipal purposes. These wards must be roughly equal in population, and statute prescribes how many wards different classes of cities must have. If the City of Bozeman were operating under general powers and elected its council members by wards, MCA 7 2 4401(2)(a) would control, requiring the city to establish no fewer than four wards and no more than ten wards. However, because Bozeman operates under a voter approved charter, the Charter itself may determine the number of wards or a hybrid of wards and at large and is not required to conform to this statutory expectation and range. Characteristics of Wards The purpose of Wards ensure representation within a city/town by dividing the municipality into smaller election units. Used primarily in counties (and sometimes in multi-jurisdictional special entities) DISTRICTS The MCA uses districts in two major ways: As county election districts Counties use commissioner districts or other “districts” for electing county officials. These are not called “wards” as that term is strictly used when referencing a municipal service or voting area. Butte Silver Bow Consolidated City/County and Anaconda Deer Lodge Consolidated City/County use commissioner districts As “special districts” for delivering services Special districts (park districts, fire districts, rural improvement districts, etc.) are legally defined in MCA 7-11-1002. A “special district” means a unit of local government that is authorized by law to perform a single function or a limited number of functions. These may be countywide or multi jurisdictional. 1 2 40 LOCAL GOVERNMENT CENTER | QUASI JUDICIAL HANDOUT | 02 Prepared by the MSU Local Government Center. For Educational use only. For interpretation of the law, please seek competent legal counsel. Characteristics of Districts Created by counties (or jointly by cities and counties) Used for: Electing county commissioners (in districted counties) Organizing service delivery (fire, road, RID, SID, mosquito, cemetery districts, etc.) Special districts can cross city boundaries and are defined in statute depending on the district type Purpose Districts are designed to: Structure county representation (e.g., commissioner districts) Provide specific public services in a defined geographic area Relationship Between Wards and Districts in Election Law MCA 13-3-104 clarifies that wards (municipal) and districts (county) are separate units, but precincts may be drawn in ways that intersect both, so long as voters can be clearly identified for each unit. This reinforces that wards = municipal units, and districts = county or service units. LOCAL GOVERNMENT CENTER | WARDS vs. DISTRICTS | 02 41 Memorandum REPORT TO:Study Commission FROM:Caeleb Heinen, Recording Secretary Mike Maas, Ex Officio Becky Franks, Study Commission Vice Chair Carson Taylor, Study Commission Chair SUBJECT:Decisions on Elected Mayor MEETING DATE:May 13, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:The Study Commissioners will come to a decision on whether the Mayor should be elected as a separate elected official, or as a City Commissioner who is then appointed Mayor by the Commission body. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The Study Commissioners will be making edits throughout this process. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Study Commission FISCAL EFFECTS:None identified Report compiled on: May 7, 2026 42 Memorandum REPORT TO:Study Commission SUBJECT:Decisions on Commissioner Pay and Number of Commissioners MEETING DATE:May 13, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:The Study Commissioners may use this time to decide on the number of Commissioners in the Bozeman City Charter as well as whether their pay will be included within the Charter as well. 43 Memorandum REPORT TO:Study Commission FROM:Caeleb Heinen, Recording Secretary Mike Maas, Ex Officio SUBJECT:Discussion for May 20 MEETING DATE:May 13, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Study Commissioners may discuss the upcoming May 20 agenda and how to best use their time STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:As the Study Commission progresses they will need to discuss what will be on the next agenda and how best to plan for it UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Study Commission FISCAL EFFECTS:None Identified Report compiled on: May 7, 2026 44