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HomeMy WebLinkAbout05-28-26 Supplemental Materials for Item F.1Motions remaining to charter Submitted by Commissioner Campbell May 28, 2026 1 Preamble • I move to amend the Preamble of the draft charter to eliminate the repetitive phrasing of “secure the benefits” by striking the phrase from the second sentence and replacing it with, “By this action, we affirm the values of …” o Reason: The phrase “secure the benefits” is used twice and is repetitive. This edit removes redundancy while strengthening the text of the Preamble, transforming a repetitive phrase into an active, intentional statement of governance. Article I – Powers of the City • I move to amend Section 1.03 to read: “The City of Bozeman may participate by contract or otherwise with other governmental entities for lawful governmental purposes. Any intergovernmental agreement, coalition participation, legislative advocacy position, joint lobbying effort, or regional policy commitment that substantially affects the city’s regulatory authority, land use authority, taxation authority, financial obligations, or long-term governance responsibilities shall require approval by a majority vote of the whole City Commission at a publicly-noticed meeting. No elected official, staff member, or city representative shall have authority to enter into binding policy commitments or represent the formal position of the city on such matters without prior approval of the City Commission.” o Reason: Significant policy commitments affecting the authority, finances, and governance of the City of Bozeman should not be entered into administratively or without transparent public review and formal approval by elected representatives. Article II – City Commission • I move to amend Section 2.04 of the draft charter by adding the following language to the end of the section: “An itemized report of all such expenses for each commissioner and the mayor shall be published on the city’s website quarterly to ensure full public transparency.” Motions remaining to charter Submitted by Commissioner Campbell May 28, 2026 2 o Reason: Regular, public disclosure of reimbursed expenses promotes transparency, accountability, and public trust in local government. It ensures the public has seamless, unhindered access to look at how public funds are utilized by elected officials without needing to file formal public records requests. • I move to amend the second sentence of Section 2.05 of the draft charter to clarify the scope of prohibited employment by adopting the following language: “No commission member shall hold any other city office or employment with the City of Bozeman during the term for which the member was elected to the commission …” o Reason: This amendment preserves the intent of the original language and conflict-of-interest protections involving city employment while maintaining the principle of citizen governance by allowing commissioners to maintain outside employment and livelihoods independent of public office. • I move to amend Section 2.06(b)(4) of the draft charter to clarify the attendance rules by inserting the words “excused by a majority of the commission,” ensuring that excusing a commissioner’s absence requires a collective action of the body. o Reason: The current draft leaves ambiguity regarding who has the authority to excuse a commissioner’s absence and prevents a situation where one commissioner or the mayor unilaterally excuses an absence. Article III – City Manager • I move to amend Section 3.04(11) of the draft charter to clarify the city manager’s operational focus by adopting the following language: “Assist in implementing the long- term goals and policies established by the city commission.” o Reason: The city commission, as the elected legislative body, should establish long-term policy goals for the city. The city manager’s role should be focused on implementation and administration rather than policy formation. This amendment anchors the city manager’s role to execution rather than creation. This reinforces that the legislative body sets the long-term vision and political direction for Motions remaining to charter Submitted by Commissioner Campbell May 28, 2026 3 Bozeman, while the manager, as the leader of the executive branch, carries out that vision. • I move to amend Section 3.04(12) of the draft charter to clarify the city manager’s role in intergovernmental relations by adopting the following language: “Provide administrative support for intergovernmental cooperation authorized by the city commission.” o Reason: The charter should permit intergovernmental cooperation where appropriate, but it should not constitutionally direct future city managers to actively promote regional governance relationships or policy alignment beyond the direction established by elected representatives. By limiting the city manager’s role to providing administrative support for cooperation authorized by the commission, we protect local sovereignty and maintain clear elected oversight. • I move to amend Section 3.04(13) of the draft charter to clarify the city manager’s role in community outreach by adopting the following language: “Support the public communicate and engagement processes established by the city commission and this charter.” o Reason: By anchoring the manager’s duty to supporting the processes established by the city commission and this charter, we ensure that community engagement strategies remain accountable to elected officials and the foundational rules of the city. • I move to amend Section 3.04 of the draft charter by striking subsection (16) in its entirety and inserting in its place a new subsection (16) to read as follows: “Provide the city commission with a formal ‘Staff Capacity and Operational Impact Note’ prior to the adoption of any new priority, policy initiative, or major project. This note shall explicitly detail the required staff hours, necessary technological resources, and the specific existing city services or projects that will be delayed or displaced if the new initiative is approved.” o Reason: This two-part amendment corrects to issues. First, it eliminates a loophole that allows an un-elected manager to unilaterally form advisory Motions remaining to charter Submitted by Commissioner Campbell May 28, 2026 4 committees behind closed doors, ensuring that all groups advising the commission go through a public recruitment and appointment process. This will require other changes later in the charter, which I will address at the appropriate time. The new text creates a critical tool for fiscal and operational discipline, forcing a transparent data-check on how new policies and priorities will impact baseline city staff and infrastructure before a vote can occur. Article VI – Financial Management • I move to amend the draft charter by striking Article VI in its entirety and replacing it with the original, existing text of Article VI from the current Bozeman City Charter. o Reason: The proposed changes to Article VI fundamentally weaken the city’s established financial guardrails by reducing mandatory debt disclosures, obscuring long-term cost impacts, and replacing concrete financial metrics with subjective narrative goals. The fiscal framework in the current charter has successfully protected Bozeman’s taxpayers and maintained administrative accountability for years. Reverting to the original text ensures that strict fiscal discipline and total financial transparency remain in the charter. • I move to amend Section 5.02 of the current city charter as follows: “The city manager shall submit to the city commission a preliminary budget for the ensuing fiscal year, an accompanying budget message, and a final budget in a timely manner as provided by state law. All required budget publications and notices shall conform to state law and shall be made electronically available to the public.” o Reason: This language retains the intent of the original charter text while making the language clearer and simpler to read. • I move to amend Section 5.03 of the current city charter as follows: “The city manager’s budget message shall explain the budget in both fiscal terms and in relation to the work programs, organizational goals, and community priorities it supports. The message shall: Motions remaining to charter Submitted by Commissioner Campbell May 28, 2026 5 (a) Outline the proposed financial policies of the city for the ensuing fiscal year and the projected impact of those policies on future fiscal years; (b) Describe significant features of the budget; (c) Identify major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes; (d) Summarize the city’s debt position and factors affecting the city’s ability to finance future obligations; and (e) Include other material the city manager deems useful for public understanding of the city’s financial condition and priorities.” o Reason: By itemizing the list of things to include in the budget message, it improves the readability of the section. • I move to amend Section 5.07 to remove the December 15 annual deadline for the capital program and replace it with general text that requires it to be submitted annually. This would leave this section to read, “The city manager shall prepare and submit to the city commission a multi-year capital program annually.” o Reason: This amendment removes the inflexible, arbitrary calendar deadline from the city charter, allowing the submission timeline to be aligned with the annual spring budget cycle as recommended by Finance Director Melissa Hodnett. By simply mandating that the program be submitted annually, the charter secures the non-negotiable yearly requirement while giving staff and the commission the flexibility to coordinate infrastructure planning with real-time revenue and cost data. o I do not support changing this requirement to a biennial process because if you only update the CIP every two years, a sudden spike in supply chain or labor costs, so an annual update forces the city to re-evaluate and adjust cost projections every 12 months, which will help to prevent massive budget shortfalls down the road. • I move to amend Section 5.07(b)(1) of the current charter to read, “A summary of proposed capital improvements and expenditures.” Motions remaining to charter Submitted by Commissioner Campbell May 28, 2026 6 o Reason: This keeps it focused on the capital improvement plan. • I move to amend Section 5.07(b)(2) of the current charter to read, “Identification of long- term community infrastructure and facility needs.” o Reason: This keeps the focus on the capital improvement plan. • I move to strike Section 5.07(b)(7) (“A commentary on how the plan addresses the sustainability of the community and the region of which it is a part”) from the current charter. o Reason: Striking this section removes subjective narrative requirements from a data-driven document, saves valuable staff hours, and keeps Bozeman’s capital planning focused strictly on fiscal reality and core public services. • I move to amend Section 5.09 of the current charter by striking the final sentence in its entirety, thereby establishing an absolute prohibition against an auditing accountant or firm performing other non-audit services for the city and removing the city commission’s authority to waive this restriction. o Reason: Allowing an independent auditor to simultaneously contract for other paid work with the city creates an inherent, structural conflict of interest that compromises the integrity of the city’s financial oversight. An auditing firm should not be put in the position of reviewing financial systems or projects they may have helped design or advise on. Furthermore, removing the waiver provision ensures that a politically-motivated commission cannot set aside standard accounting ethics for a preferred vendor. Article VIII – Role of Public Engagement in Local Governance • I move to amend Section 8.03(a) of the draft charter by striking the phrase, “The city shall be proactive in outreach to bring in diverse voices, partner groups, and ideas,” and replacing it with the following text: “The city shall encourage broad public participation using a variety of engagement methods.” Motions remaining to charter Submitted by Commissioner Campbell May 28, 2026 7 o Reason: The replacement language avoids vague and potentially ideological terminology while still encouraging broad participation. The charter should use neutral, precise language that applies equally to all members of the public without creating arbitrary categories of preferred outreach. • I move to amend Section 8.03(c) of the draft charter by striking the phrase “provide opportunities for residents to influence decisions” and replacing it with the following text: “provide opportunities for public input regarding decisions.” o Reason: The original wording could create implied entitlements beyond advisory participation and unintentionally expand legal expectations. • I move to amend Section 8.03(c) of the draft charter by striking the phrase “while allowing flexibility as conditions change” in its entirety. o Reason: The phrase is legally vague, completely undefined, and fails to establish a measurable or enforceable standard for city administration to follow. • I move to amend Section 8.03(c) of the draft charter by adding the following closing sentence to the subsection: “The city shall be clear about the purpose, scope, and how input will be used.” o Reason: Transparency regarding the use of public input improves accountability and public trust. This amendment establishes an actionable, objective standard. • I move to amend Section 8.04(b)(6) of the draft charter by striking the word “accessible” and inserting the phrase “broadly distributed and available” to describe neighborhood association communication standards. o Reason: The term “accessible” carries strict guidelines and legal definitions. Leaving this word in the charter inadvertently places a heavy, unfunded compliance mandate on volunteer neighborhood associations, creating a technical loophole where the city could de-recognize a small neighborhood association simply for lacking the budget for professional translation or specialized web Motions remaining to charter Submitted by Commissioner Campbell May 28, 2026 8 formatting. Replacing it ensures the focus remains on wide community outreach without imposing unrealistic legal liabilities on volunteer groups. • I move to amend Section 8.04(d)(5) of the draft charter by striking the phrase “when practicable” in its entirety. o Reason: The phrase weakens accountability by creating an undefined exception to public engagement obligations whenever it is deemed inconvenient. • I move to amend Section 8.04(d)(7) of the draft charter by striking the phrase “as applicable” in its entirety. o Reason: the phrase is legally vague and creates arbitrary ambiguity regarding when the city’s specific obligations apply, making the standard difficult to measure or enforce. • I move to amend Section 8.04(d)(7) of the draft charter by striking the phrase “provide reasons for divergence” and replacing it with the following: “provide formal, written findings detailing the reasons for divergence, which shall be attached to the final action and distributed to the related neighborhood association(s).” o Reason: Verbal explanations provided during meetings are easily lost in hours- long video recordings and do not create a clear, accessible public record for residents. Mandating formal, written findings ensures true accountability, respects volunteer time dedicated by neighborhood leaders, and guarantees that the city’s justification for overriding local recommendations is permanently and transparently documented. • I move to amend Section 8.04(b)(8) of the draft charter by striking the subsection in its entirety and transferring the text to our list of formal non-charter recommendations. o Reason: This statement is advisory rather than foundational. Moving it to recommendations prevents the charter from becoming overly prescriptive while still preserving the policy intent for potential future implementation. Motions remaining to charter Submitted by Commissioner Campbell May 28, 2026 9 • I move to amend Section 8.04(a) of the draft charter by striking the phrase, “and assist in public education on matters within their purview.” o Reason: The primary purpose of citizen advisory boards is to provide independent, objective feedback to the City Commission, not to act as a public relations arm to help build consensus for existing city policies. • I move to amend Section 8.04(c)(1) of the draft charter by striking the phrase “not less than twice annually” and replacing it with the following text: “by individually posting each board vacancy across the city’s official digital and social media platforms for a minimum of thirty (30) days prior to filling the position.” o A generic, biannual advertisement fails to inform the public about specific vacancies on boards when they actually occur. By posting every vacancy as they become available, this ensures equitable engagement and guarantees that residents are notified of opportunities to serve when they arise. • I move to strike Section 8.04(c)(3) from the draft charter because it is now covered by Section 8.04(c)(1). o Reason: This item is no longer necessary if board vacancies are posted as they arise. • I move to amend what is currently Section 8.04(c)(5) of the draft charter by striking the phrase “without public solicitation” and replacing it with the following text: “with public notification and open application process for a minimum of thirty (30) days prior to any appointments being made.” o Reason: Public appointments should include open notification and solicitation processes to encourage transparency and broader public participation. Ad hoc committees can be tasked with handling high-impact and sensitive issues. If these temporary positions can be filled behind closed doors without public notice, it would allow the city commission through the city manager to hand-pick insular groups to deliver a pred-determined outcome. Mandating an open application Motions remaining to charter Submitted by Commissioner Campbell May 28, 2026 10 process ensures that transparency remains non-negotiable, regardless of whether a committee is permanent or temporary. • I move to amend Section 5.04(c) by adding an additional item that reads: “No member shall serve more than two (2) consecutive four-year terms. o Reason: Term limits on advisory boards prevent individual seats from becoming permanently entrenched, which can inadvertently discourage new volunteers from applying. Capping service at two consecutive terms ensures a healthy rotation of community members, creates regular opportunities for fresh perspectives and diverse expertise, and aligns the boards with the broader goals of open, dynamic citizen participation. • I move to amend the draft charter by adding a new subsection to the advisory board provisions establishing advisory board eligibility and conflict of interest standards, utilizing the text provided in the public comment submitted by The Gallatin Valley Sentinel. o Reason: Current city conflict-of-interest definitions are insufficient to prevent individuals from serving on, or voting within, advisory boards that directly impact their own financial interests or those of their employers. • I move to amend article VIII of the draft charter by adding a new subsection establishing the Neighborhood Impact Statement Process, using the language submitted as public comment from The Gallatin Valley Sentinel. o Reason: Establishing a Neighborhood Impact Statement process guarantees that resident-led neighborhoods have a standardized, formal mechanism to document localized impacts before major city actions are taken. Article X – Charter Amendment • I move to change the reference in Section 10.01(4) from “Article V” to “Section 7.03.” Motions remaining to charter Submitted by Commissioner Campbell May 28, 2026 11 o Reason: The reference to Article V is supposed to be a reference to Initiative; Citizen Referendum, and Recall.” This is now located in Section 7.03, so this amendment simply corrects the reference. Article XI – Transition and Severability • I move to amend Section 11.04 of the draft charter to insert a specific transitional timeline for the appointment of the first Vice Mayor under Section 2.03(c), mandating that the initial appointment of the Vice Mayor shall occur in January 2028, coinciding with Deputy Mayor Douglas Fischer’s move to the office of Mayor. o Reason: Article XI handles the logistical transition from the old charter framework to the new one. Because current Deputy Mayor Douglas Fischer is scheduled to assume the office of Mayor in January 2028, a Vice Mayor will need to be selected at that time.