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HomeMy WebLinkAbout05-20-26 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 20, 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 No Minutes to Approve(Heinen) E. Correspondence or Study Commission Update F. Unfinished Business F.1 Proposal for wards as a sub-option on the ballot (Maas) F.2 Decisions on Commissioner Pay and Number of Commissioners F.3 Motions on changes in previous agreements that create incongruities in final version of the tentative amended charter(Maas) G. New Business G.1 Review of Draft Bozeman Charter(Franks/Cestero ) H. Future Agenda Items H.1 Discussion for May 28 (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. Due to a technical glitch the minutes are unable to be completed prior to the start of this meeting. The minutes for May 13 will be available and ready for approval for the May 28 meeting. Consider the Motion: I move to amend the decision of elected the Mayor at-large. 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:No Minutes to Approve MEETING DATE:May 20, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Due to a technical glitch the minutes are unable to be completed prior to the start of this meeting. The minutes for May 13 will be available and ready for approval for the May 28 meeting. 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 Report compiled on: May 18, 2026 3 Memorandum REPORT TO:Study Commission FROM:Caeleb Heinen, Recording Secretary Mike Maas, Ex Officio SUBJECT:Proposal for wards as a sub-option on the ballot MEETING DATE:May 20, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Study Commissioner Campbell and Ex Officio Maas worked to create potential language for having wards as sub-options for the ballot. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Ex Officio, Mike Maas, and Study Commissioner, Deanna Campbell were tasked by the body to provide potential sub-option language related to election by ward system. Sub-Options: 1. Choose one system for electing City Commissioners. Vote for one: [ ] OPTION A: The Citywide (At-Large System) Commissioners may live anywhere in Bozeman city limits and are elected by voters across the entire city. [ ] OPTION B The Ward System The city is divided into equal neighborhood wards. Commissioners must live within a specific ward to ensure geographic representation across all parts of Bozeman. 2. If the Ward System (Option B above} is approved by voters, how shall those Ward Commissioners be elected? Vote for one: [ ] OPTION A By Ward Voters Only. Only the residents living within a specific ward may vote for that Ward's Commissioner. [ ] OPTION B By Citywide Vote All voters in the entire city vote for every Ward's Commissioner. OR 1. Choose one system for electing City Commissioners. Vote for one: 4 [ ] Option A: The Citywide (At-Large) System Commissioners may live anywhere in Bozeman city limits and are elected by voters across the entire city. [ ] Option B: The Ward System The city is divided into equal neighborhood wards. Commissioners must live within a specific ward and are elected only by the voters who live inside that same ward UNRESOLVED ISSUES:None identified ALTERNATIVES:As per Study Commission FISCAL EFFECTS:none Report compiled on: May 18, 2026 5 Memorandum REPORT TO:Study Commission SUBJECT:Decisions on Commissioner Pay and Number of Commissioners MEETING DATE:May 20, 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. 6 Memorandum REPORT TO:Study Commission FROM:Caeleb Heinen, Recording Secretary Mike Maas, Ex Officio SUBJECT:Motions on changes in previous agreements that create incongruities in final version of the tentative amended charter MEETING DATE:May 20, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to amend the decision of elected the Mayor at- large. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Previous discussions left open the possibility of revisiting and potentially changing the method of selection/election of the City's Mayor. UNRESOLVED ISSUES:None Identified ALTERNATIVES:As per the Study Commission FISCAL EFFECTS:None Report compiled on: May 18, 2026 7 Memorandum REPORT TO:Study Commission FROM:Caeleb Heinen, Recording Secretary Mike Maas, Ex Officio Barb Cestero, Study Commissioner Becky Franks, Study Commissioner Vice Chair SUBJECT:Review of Draft Bozeman Charter MEETING DATE:May 20, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Study Commissioners Franks and Cestero have taken the decisions made by the Study Commissioners and synthesized them into a potential draft Bozeman Charter. This draft charter is in front of the Study Commission for review and discussion. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The Study Commission has spent their previous meetings and time crafting and discussing changes to the Bozeman City Charter. In this process they have created this Amended Bozeman Charter for deliberation and edits. As the Study Commission has edited the articles of the Bozeman Charter, they have tracked their changes. The "worksheets" with the history of changes through the process are available along with the 2006 Approved Charter and the 2026 Proposed Amended Charter Draft, at bozemanstudy.com. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Study Commission FISCAL EFFECTS:None identified Attachments: 2026 AMENDED Bozeman Charter clean copy.pdf Report compiled on: May 18, 2026 8 FOR THE CITY OF BOZEMAN AMENDED CHARTER 2026 PREAMBLE We, the people of the City of Bozeman, under the constitution and laws of the State of Montana, in order to secure the benefits of local self‑government and to provide for an honest and accountable commission‑manager government, do hereby adopt this charter and confer upon the city the following powers, subject to the following restrictions, and prescribed by the following procedures and governmental structure. By this action, we secure the benefits of self-governance and affirm the values of representative democracy, professional management, strong political leadership, public engagement, and regional cooperation. 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. The city exercises legislative, executive and judicial powers. 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. Section 1.03. Intergovernmental Relations. The City of Bozeman shall 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. ARTICLE II 9 CITY COMMISSION Section 2.01. General Powers and Duties. All powers of the city shall be vested in the city commission, except as otherwise provided by law or this charter, and 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. Only registered voters of the City of Bozeman, pursuant to Article IV, Section 2, of the Montana Constitution, shall be eligible to hold the office of commission member or mayor. (b) Terms. The term of office of elected officials shall be four years elected in accordance with Article VII. (c) Composition. The commission shall be composed of 4 members elected by the voters of the city at large in accordance with provisions of Article VII and the mayor. The mayor shall be elected as provided in §2.03(b). 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 meetings of the commission; represent the city in intergovernmental relationships; present an annual state of the city message; add an item to the commission agenda prepared by the city manager; assign, subject to the consent of commission, agenda items to sub-committees of the commission; and perform other duties specified by 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 Elected At Large. At a regular city election, the voters of the city shall elect a mayor at large for a term of four years. (c) Appointing a Vice Mayor. In January following each regular city election, the commission shall appoint a vice mayor from among its members who shall serve and function as mayor during the absence of the mayor. The vice mayor shall serve two years until the next January following a regular city election. Section 2.04. Compensation; Expenses. The city commission may determine the annual salary of the mayor and commission members by ordinance, but no ordinance to increase such salary shall become effective until the date of 10 commencement of the terms of commission members elected at the next regular election. The mayor and commission members shall receive their actual ordinary and necessary expenses incurred in the performance of their duties of office. 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, unless granted a waiver by the board of ethics. 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 communicate 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. The office of a commission member or mayor shall become vacant upon the officeholder’s death, resignation, or removal from office or forfeiture of office in any manner authorized by law. If the mayor is incapacitated, dies, resigns from office, or is removed from office, the vice mayor shall succeed as mayor during said time for the balance of the mayor’s term, as appropriate; and the commission vacancy created therein shall be filled pursuant to this section. (b) Forfeiture of Office. The mayor or a commissioner shall forfeit that office if the mayor or commissioner: (1) Fails to meet the eligibility requirements, (2) Violates any express prohibition of this charter, 11 (3) Is convicted of a felony, or (4) Fails to attend three consecutive regular meetings of the commission without being excused by the commission. (c) Filling of Vacancies. A vacancy in the city commission or the office of the mayor shall be filled within 60 days of the occurrence of the vacancy by vote of the existing city commissioners. Commissioners must hold a public forum with applicants for the vacant commission or mayor position. This appointment will be in place until the next municipal election. The vacancy shall otherwise be filled, pursuant to state law. 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 and notice of such hearing shall be published in one or more newspapers of general circulation in the city pursuant to state law. 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 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: 12 (1) Adopt or amend an administrative code or establish, alter, or abolish any city department, office, or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (3) Levy a new tax; (4) Grant, renew, or extend a franchise; (5) Convey or lease or authorize the conveyance or lease of any lands of the city; (6) Regulate land use and development; (7) Amend or repeal any ordinance previously adopted; or (8) Adopt, with or without amendment, ordinances proposed under the initiative power. 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. ARTICLE III CITY MANAGER Section 3.01. Appointment; Qualifications; Compensation. The city commission, by a majority vote of its total membership, shall appoint a city manager for an indefinite term and fix the manager's compensation. The city manager shall be appointed solely based on education and experience in the accepted competencies and practices of local government management. The manager need not be a resident of the city or state at the time of appointment but may reside outside the city while in office only with the approval of the commission. The commission must conduct an annual comprehensive performance evaluation of the city manager. Section 3.02. Removal. If the city manager declines to resign at the request of the city commission, the city commission may suspend the manager by a resolution approved by the majority of the total membership of the city commission. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager. The city manager shall have fifteen days in which to reply thereto in writing and, upon request, shall be offered a public hearing, which shall occur not earlier than ten days nor later than fifteen days after such hearing is requested. After the public hearing, if one is requested, and after full consideration, the city commission, by a majority vote of its total membership, may adopt a final 13 resolution of removal. The city manager shall continue to receive full salary until the effective date of a final resolution of removal. Section 3.03. Acting City Manager. By administrative order filed with the city clerk, the city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the manager's temporary absence or disability. The city commission may revoke such designation at any time and appoint another officer of the city to serve until the city manager returns. Section 3.04. Powers and Duties of the City Manager. The city manager shall be the chief executive officer of the city, responsible to the commission for the management of all city affairs placed in the manager's charge by or under this charter. The city manager shall: (1) Appoint and suspend or remove all city employees and appointive administrative officers provided for by or under this charter, except as otherwise provided by law, this charter, or personnel rules adopted pursuant to this charter. The city manager may authorize any administrative officer subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city commission meetings unless excused. The city manager shall have the right to take part in discussion but shall not vote; (4) See that all laws, provisions of this charter, and acts of the city commission subject to enforcement by the city manager or by officers subject to the manager's direction and supervision are faithfully executed; (5) Prepare and submit the annual budget and capital program to the city commission, and implement the final budget approved by commission to achieve the goals of the city; (6) Submit to the city commission and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city commission may require concerning operations; (8) Keep the city commission fully advised as to the financial condition and future needs of the city; (9) Make recommendations to the city commission concerning the affairs of the city and facilitate the work of the city commission in developing policy; (10) Provide staff support services for the mayor and commission members subject to the provisions regarding the city clerk under §2.08; (11) Assist the commission in developing long term goals for the city and strategies to implement these goals; 14 (12) Encourage and provide staff support for regional and intergovernmental cooperation; (13) Promote partnerships among commission, staff, and citizens in developing public policy and building a sense of community; (14) Perform such other duties as are specified in this charter or may be required by the city commission; (15) Prepare the commission agenda; and (16) Appoint members of temporary advisory committees established by the city manager or the city commission. ARTICLE IV JUDICIAL BRANCH Section 4.01. General Provisions. Pursuant to the Constitution and the laws of Montana, the Municipal Court exercises judicial authority on behalf of the City. The Court serves as the judicial branch of the city government. ARTICLE V DEPARTMENTS, OFFICES AND AGENCIES Section 5.01. General Provisions. (a) Creation of Departments. The city commission may establish city departments, offices, or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices, and agencies. No function assigned by this charter to a particular department, office, or agency may be discontinued or, unless this charter specifically so provides, assigned to any other. (b) Direction by City Manager. All departments, offices, and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the city manager. With the consent of commission, the city manager may serve as the head of one or more such departments, offices, or agencies or may appoint one person as the head of two or more of them. Section 5.02. Personnel System. Consistent with all applicable federal and state laws, all appointments and promotions of city officers and employees shall be made solely based on merit and qualifications demonstrated by a valid and reliable examination or other evidence of competence. Section 5.03. Legal Officer. 15 (a) Appointment. There shall be a legal officer of the city appointed by the city manager subject to confirmation by the city commission. (b) Role. The legal officer shall serve as chief legal adviser to the commission, the manager and all city departments, offices and agencies, shall represent the city in all legal proceedings, and shall perform any other duties prescribed by state law, by this charter, or by ordinance. Section 5.04. Land Use, Development, and Environmental Planning. Consistent with all applicable federal and state laws with respect to land use, development, and environmental planning, the city commission shall: (1) Designate an agency or agencies to carry out the planning function and such decision‑making responsibilities as may be specified by ordinance; (2) Adopt a comprehensive plan and determine to what extent zoning and other land use control ordinances must be consistent with the plan; (3) Determine to what extent the comprehensive plan and zoning and other land use ordinances must be consistent with regional plan(s); and (4) Adopt development regulations, to be specified by ordinance, to implement the plan. The designated agency, the city manager, and the mayor and commission shall seek to act in cooperation with other jurisdictions and organizations, including affected neighborhood associations, in their region to promote integrated approaches to regional issues. ARTICLE VI FINANCIAL MANAGEMENT Section 6.01. Fiscal Year. The fiscal year of the city shall begin and end as provided by state law. Section 6.02. Submission of Budgets and Budget Message. The city manager shall submit to the city commission a preliminary budget for the ensuing fiscal year and an accompanying message and a final budget, both in a timely manner. The publication requirements must conform to the provisions of state law for a municipality and be available electronically. Section 6.03. Budget Message. The city manager shall submit a budget message with the recommended budget. The budget shall provide an overview of the recommended budget and explain its relationship to the city’s strategic priorities, organizational goals, service objectives, and fiscal sustainability. The budget 16 message shall identify significant operational, financial, and policy issues addressed in the recommended budget and explain material changes from the prior year. The message may also discuss economic, demographic, legislative, organizational, or other factors affecting the city’s financial condition, operations, or service delivery. The budget message shall be prepared in accordance with applicable law and informed by generally recognized principles of government budgeting, financial management, and fiscal transparency, including guidance published by the Government Finance Officers Association (GFOA). Section 6.04. Budget. (a) Statutory Provisions. The preliminary annual operating budget, the final budget, and amended budgets must be prepared in accordance with state laws governing municipal budgets as then in effect. (b) Unreserved Fund Balance. A minimum level of budgeted general fund unreserved fund balance shall be established by ordinance and shall be in accordance with the GFOA (Government Finance Officers Association) recommended practice on appropriate levels of unreserved fund balance in the general fund. This provision does not limit appropriations in case of emergency pursuant to state law. Section 6.05. Adjusting Appropriations. (a) Reduction of Appropriations. In addition to the requirements of state law, if at any time during the fiscal year it appears probable to the city manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the manager shall report to the city commission without delay, indicating the estimated amount of the deficit, any remedial action taken by the manager, and recommendations as to any other steps to be taken. The commission shall then take such further action as it deems necessary to prevent or reduce any deficit and, for that purpose, it may by ordinance reduce or eliminate one or more appropriations. (b) Transfer of Appropriations. In addition to the requirements of state law, at any time during or before the fiscal year, the city commission may by resolution transfer part or all of the unencumbered appropriation balance from one department, fund, service, or organizational unit to the appropriation for other departments or organizational units or a new appropriation as provided by state law. The city manager may transfer funds among programs within a department, fund, service, or organizational unit and shall report such transfers to the commission in writing in a timely manner. 17 (c) Limitation; Effective Date. In addition to the requirements of state law, no appropriation for debt service may be reduced or transferred, except to the extent that the debt is refinanced and less debt service is required, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Section 6.06. Administration and Fiduciary Oversight of the Budget. The city commission shall provide by ordinance the procedures for administration and fiduciary oversight of the budget. Section 6.07. Capital Program. (a) Submission to City Commission. The city manager shall prepare and submit to the city commission a multi‑year capital program in alignment with the budget process and at least biennially. (b) Contents. The capital program shall include: (1) A clear general summary of its contents; (2) Identification of the long‑term goals of the community; (3) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (4) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (5) Method of financing upon which each capital expenditure is to be reliant; (6) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired; (7) A commentary on how the plan addresses the sustainability of the community and the region of which it is a part; and (8) Methods to measure outcomes and performance of the capital plan related to the long‑term goals of the community. The above shall be revised and extended each year regarding capital improvements still pending or in process of construction or acquisition. Section 6.08. City Commission Action on Capital Program. 18 (a) Notice and Hearing. The city commission shall publish the general summary of the capital program and a notice of public hearing consistent with the requirements of state law. (b) Adoption. The city commission by resolution shall adopt the capital program for the ensuing fiscal year, with or without amendment after the public hearing. Section 6.09 Independent Audit. The city commission shall provide for an independent annual audit of all city accounts in accordance with state law and may provide for more frequent audits as it deems necessary. Such audits should be performed in accordance with Generally Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). No accountant or firm may provide any other services to the city during the time it is retained to provide independent audits to the city. However, the city commission may waive this requirement by a majority vote at a public meeting. 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. At the first election under this charter, commission members shall be elected at large for four‑year terms. The mayor shall be elected pursuant to §2.03(b). 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 percentage of signatures required under state law shall be reduced in proportion to the number of inactive registered voters as most recently certified by the county election administrator pursuant to state law. 19 ARTICLE VIII ROLE OF PUBLIC ENGAGEMENT IN LOCAL GOVERNANCE Section 8.01. Public engagement as an essential part of civic infrastructure. The active, informed, broad-based engagement of community members, both individually and collectively, is an essential element of healthy civic life and a thriving local democracy. The city shall ensure public engagement is an integral part of effective and trusted governance. The city shall ensure engagement includes a variety of formats such as face-to-face meetings, virtual interactions, and online communications. Public engagement shall ensure two-way communication between the city and the community. The city shall encourage collaboration in public engagement efforts with other government jurisdictions and authorities, neighborhood associations, city boards, community-based organizations, civic groups, and residents. Section 8.02. Governmental structures to support and coordinate engagement. The city shall formally recognize neighborhood associations, the Inter Neighborhood Council and city boards as essential partners in municipal decision-making. The city shall adapt existing governmental structures, establish new governmental structures, or both, to oversee, support, coordinate, track, and measure public engagement. These governmental structures may include: (1) Neighborhood Associations; (2) City boards, commissions, and ad hoc committees; (3) Departments or administrative positions; and (4) Participatory budgeting processes. Section 8.03. 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) Public Participation. The city shall ensure engagement provides opportunities for all residents to participate. The city shall be proactive in outreach to bring in diverse voices, partner groups, and ideas by using a variety of engagement techniques to make participation accessible. b) Transparency. The city shall communicate clearly to ensure community members can engage effectively. The city shall share results and explain how public input affects decisions. c) Accountability. The city shall provide opportunities for residents to influence decisions. The city shall be clear about the purpose, scope, and how input will be used, while allowing flexibility as conditions change. d) Collaboration. The city shall encourage constructive communication between residents and city officials to support informed public participation and effective local governance. 20 Section 8.04 Neighborhood Associations (a) Purpose. The city 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. The city shall support neighborhood associations as advisory bodies that promote two-way communication, public involvement in planning and policy, neighborhood leadership development, and enhance transparency and trust. Neighborhood Associations will speak to the needs of their neighborhoods to inform city decision making. (b) Recognition of Neighborhood Associations. The city shall support the creation and maintenance of resident-led neighborhood associations. The city commission shall establish by ordinance minimum recognition requirements for neighborhood associations that support participation, deliberation, and communication with residents and the city. These requirements shall include, but not be limited to: (1) clear geographic boundaries developed in partnership with the neighborhood and the Inter-Neighborhood Council (2) membership of a neighborhood association is open to all residents, property owners, business owners, and organizations located within a neighborhood association’s boundary; (3) adherence to established by-laws that ensure democratic, voting procedures, continuity of governance, and provide the ability for a neighborhood association’s selected representative to vote on INC recommendations. (4) copy of the by-laws and all amendments filed with the city; (5) periodic meetings, including an annual meeting; (6) demonstrating it has a means of regular, accessible, and two-way communication with all residents in the neighborhood. (7) capacity to develop and transmit advisory input on neighborhood and citywide issues. A neighborhood association shall maintain compliance with the minimum standards established by ordinance to continue 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 a full-time staff member to serve as a liaison to the Inter-Neighborhood Council and neighborhood associations. The staff liaison shall support coordination, leadership development, training, communication, and assist in facilitating participatory planning, budgeting, and policy engagement processes. 21 (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 associations to come together, deliberate, share information, and develop recommendations to the city commission, city canager, on neighborhood and city-wide issues. A neighborhood association may make a recommendation directly to the city commission or city manager. (2) The Inter-Neighborhood Council shall adopt by-laws governing the conduct of business emphasizing deliberation, transparency and 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 shall 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 foster dialogue between neighborhoods and the city commission and city manager. (5) When practicable, the INC shall be consulted during the formative stages of citywide planning efforts, policy initiatives, and budget discussions that affect neighborhood associations. (6) When INC develops recommendations, there shall be an opportunity to present its recommendation during a city commission meeting as part of the relevant agenda item. (7) As applicable, the city commission, or city manager shall provide timely responses to recommendations submitted by the Inter- Neighborhood Council, including an explanation of how such input was considered and the reasons for any divergence. (8) The City of Bozeman Neighborhood Liaison shall work with the Inter-Neighborhood Council to expand the neighborhood program and develop boundaries to include all residents in a Neighborhood Association. Section 8.04. City Boards. The city commission may create boards, commissions, agencies or committees (“City Boards”) as are required by state law or as desired by the city commission. (a) Purpose. City boards assist the city by providing guidance, representing community perspectives, increasing transparency, and reviewing policies or proposals. City boards serve as valuable platforms for early public engagement on issues and decisions. By 22 providing opportunities for resident engagement, city 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 shall be advisory only. They shall have no administrative authority unless specifically required by federal or state law, or interlocal agreement. 1. City boards shall be established by resolution which includes the purpose of each board and the number, desired skills and necessary experience for its members. The board, in collaboration with city staff and commission liaison, shall establish annual priorities and public engagement processes. 2. Formal recommendations to the city commission shall reflect the majority position of the city board. When appropriate, minority perspectives may be submitted as part of the public record. (c) Appointments, Compensation, Terms and Qualifications. 1. All city boards will be established by the city commission and members will be appointed by the commission or the mayor when required by law, following public solicitation advertised not less than twice annually. 2. To ensure city boards represent the community, the city shall encourage participation from residents with relevant expertise, knowledge, experience and perspective. 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. 7. Board, commission or committee members shall serve without compensation. ARTICLE IX GENERAL PROVISIONS Section 9.01. Conflicts of Interest; Board of Ethics. (a) Conflicts of Interest. The use of public office for private gain is prohibited. The city commission shall implement this prohibition by ordinance, the terms of which shall include, but not be limited to: acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public, the acceptance of gifts and other things of value, acting in a private capacity on matters dealt with as a public official, the use of confidential information, and appearances by city officials before other city 23 agencies on behalf of private interests. This ordinance shall include a statement of purpose and shall provide for reasonable public disclosure of finances by officials with major decision‑making authority over monetary expenditures and contractual and regulatory matters and, insofar as permissible under state law, shall provide for fines and imprisonment for violations. (b) Board of Ethics. The city commission shall, by ordinance, establish an independent board of ethics pursuant to state law. The city commission shall appropriate sufficient funds to the city manager to provide annual training and education of city officials, city boards, and employees, including candidates for public office, regarding the state and city ethics codes. City officials, board members, and employees shall take an oath to uphold the state and city ethics codes. Section 9.02. Campaign Finance. In order to combat the potential for, and appearance of, corruption and to preserve the ability of all qualified citizens to run for public office, the city shall, insofar as is permitted by state and federal law, have the authority to enact ordinances designed to limit contributions and expenditures by candidates for locally elected office. Ordinances pursuant to this section may include but are not limited to: limitations on candidate and candidate committees that affect the amount, time, place, and source of financial and in‑kind contributions; and voluntary limitations on candidate and candidate committee expenditures tied to financial or non‑financial incentives. ARTICLE X CHARTER AMENDMENT Section 10.01 Proposal of Amendment. Amendments to this charter may be framed and proposed: (1) In the manner provided by state law, or (2) By ordinance of the commission containing the full text of the proposed amendment, or (3) By report of a study commission created pursuant to state law, or (4) By the voters of the city. Proposal of an amendment by the voters of the city shall be by petition containing the full text of the proposed amendment and shall be governed by the same procedures and requirements prescribed in Article V for initiative petitions until such time as a final determination as to the sufficiency of the petition is made, except that there shall be no limitation as to subject matter and that the petition must be signed by registered voters of the city equal to that required by state law. In verifying petitions, the percentage under state law shall be applied to only active voters as certified by the county election administrator. 24 Section 10.02. Election. Upon delivery to the election authorities of the report of a charter commission or delivery by the city clerk of an adopted ordinance or a petition finally determined sufficient, proposing an amendment pursuant to §10.01, or as otherwise provided by state law, the election authorities shall submit the proposed amendment to the voters of the city at an election, pursuant to state law. Section 10.03. Adoption of Amendment. If a majority of those voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters. ARTICLE XI TRANSITION AND SEVERABILITY Section 11.01. Officers, Employees and Elected Officials. (a) Rights and Privileges Preserved. Nothing in this charter except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption. (b) Continuance of Office or Employment. Except as specifically provided by this charter if, at the time this charter takes full effect, a city administrative officer or employee holds any office or position which is or can be abolished by or under this charter, he or she shall continue in such office or position until the taking effect of some specific provision under this charter directing that he or she vacate the office or position. Elected officials serving at the time this charter is approved by the voters shall continue in office for the balance of their term. (c) Personnel System. An employee holding a city position at the time this charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system provided for in §5.02. Section 11.02. Pending Matters. All rights, claims, actions, orders, contracts, and legal administrative proceedings shall continue except as modified pursuant to the provisions of this charter and in each case shall be maintained, carried on, or dealt with by the city department, office, or agency appropriate under this charter. 25 Section 11.03. State and Municipal Laws. All city ordinances, resolutions, orders, and regulations in force when this charter becomes fully effective shall be updated to conform with this charter pursuant to state law. Any ordinance or resolution required to be established pursuant to this charter shall be completed as required by state law. Section 11.04. Schedule. (a) Mayor Election. Section 2.03(b) shall take effect with the 2029 city election, with said mayor being seated at the beginning of the first commission meeting in January, 2030 . (b) Time of Taking Full Effect. The charter shall be in full effect for all purposes pursuant to the schedule established by state law. Section 11.05. Severability. If any provision of this charter is held invalid, the other provisions of the charter shall not be affected. If the application of the charter or any of its provisions to any person or circumstance is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected. We, the Study Commissioners of the City of Bozeman, do hereby certify that this is the proposed plan of government approved by the Bozeman Local Government Review Study Commission. In testimony whereof, we set our hands. Done at Bozeman, Montana this ___ day of _______, 2026. Respectfully submitted, City of Bozeman Local Government Study Commission _______________________________________ 26 Carson Taylor, Chair ________________________________________ Deanna Campbell ________________________________________ Barb Cestero ________________________________________ Becky Franks, Vice Chair _________________________________________ Jan Strout 27 Memorandum REPORT TO:Study Commission FROM:Caeleb Heinen, Recording Secretary Mike Maas, Ex Officio SUBJECT:Discussion for May 28 MEETING DATE:May 20, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Study Commissioners may discuss the upcoming May 28 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. The May 28 agenda must be published no later than 4 p.m. on May 26. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Study Commission FISCAL EFFECTS:None Identified Report compiled on: May 18, 2026 28