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HomeMy WebLinkAbout05-28-26 Public Comment - Gallatin Valley Sentinel - Charter Text for WardsFrom:The Gallatin Valley Sentinel To:Bozeman Goverment Study Commission Subject:[EXTERNAL]Charter Text for Wards Date:Thursday, May 28, 2026 11:42:33 AM Attachments:GVS Language for Wards Part I.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, Please find attached Part I of recommended edits to the charter text. Most of theserecommendations are to present two options depending on if wards are adopted by voters or not, but there are also recommended edits to the new section on Compensation that wouldapply whether or not wards are adopted. Part II of these recommendations will be coming soon, prior to your meeting today, but after the noon deadline. We ask that you please take these into consideration during yourdeliberation today, even if they are received after the deadline. These comments are being submitted in response to Commissioner Cestero's comment that was just made yesterday thatsome of our previously-submitted language was unclear, so we are working to update our language with the changes that have been made so far, while also enhancing clarity. We woulddeliver these additional recommendations as public comment live during the meeting since they will be received after the written deadline, but we all have work commitments during thattime today. Sincerely, Katie Adams on behalf of The Gallatin Valley Sentinel ARTICLE II 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, 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. IF AT-LARGE IS RETAINED: (a) Eligibility. No person shall be eligible to hold elective o<ice as a commissioner unless that person is a registered voter of the City of Bozeman, has been domiciled within the State of Montana for at least twelve (12) months, and has been domiciled within the City of Bozeman for at least six (6) months, with both periods immediately preceding the candidate filing deadline for such o<ice. Each commissioner shall, during that commissioner’s term of o<ice, remain a registered voter of the City of Bozeman and remain domiciled within the City of Bozeman. OR IF WARDS ARE ADOPTED: (a) Eligibility. No person shall be eligible to hold elective o<ice as a commissioner unless that person is a registered voter of the City of Bozeman, and is, and has been domiciled within the State of Montana for at least twelve (12) months, and has been domiciled within the commission ward corresponding in number to the o<ice to which that person is elected or appointed for at least six (6) months, with both periods immediately preceding the candidate filing deadline for such o<ice. Each commissioner shall, during that commissioner’s term of o<ice, remain domiciled within such commission ward. These eligibility requirements shall also apply to persons appointed to fill a vacancy in an elected o<ice; however, the twelve (12) month state domicile requirement and six (6) month ward domicile requirement shall be measured from and precede the date of appointment. Note: This recommended language combines the registered voter and primary residency requirements currently in the charter with the qualifications outlined in the Montana Constitution, Article V, Part V, Section 4, to run for MT Legislature. This language is no more prohibitive for renters than running for a state legislative seat. Because the legal definition of “domicile” tracks where you live, not what you own, this rule protects local ward representation equally for renters and homeowners alike. It ensures that full-time Bozeman residents retain exclusive access to local elected o<ice, while preventing out-of-state property owners or second-home investors from using real estate holdings to qualify to be on the ballot. (https://mca.legmt.gov/bills/mca/title_0000/article_0050/part_0010/sect ion_0040/0000-0050-0010-0040.html) (b) Terms. The term of o<ice of elected o<icials shall be four years elected in accordance with Article VII. No person shall be eligible to hold the o<ice of commissioner for more than a total of eight (8) years in any sixteen (16) year period, whether served by election, appointment, or a combination of both. Note: This recommended language is consistent with the Montana Constitution, Article IV, Part IV, Section 8. (https://mca.legmt.gov/bills/mca/title_0000/article_0040/part_0010/sect ion_0080/0000-0040-0010-0080.html) IF AT-LARGE IS RETAINED: c) Composition. The commission shall be composed of [four or six] [(4) or (6)] members and the mayor. The commissioners shall be elected by the voters of the city at-large in accordance with the provisions of Article VII. The mayor shall be elected at-large, pursuant to §2.03(b) and Article VII. OR IF WARDS WITH VOTERS WITHIN THE WARD IS ADOPTED: (c) Composition. The commission shall be composed of [four or six] [(4) or (6)] members and the mayor. Commissioners shall be elected from [four or six] [(4) or (6)] wards, by the qualified electors who reside in each ward, and in accordance with the provisions of Article VII. The mayor shall be elected at-large, pursuant to §2.03(b) and Article VII. OR IF WARDS WITH AT-LARGE VOTING IS ADOPTED: c) Composition. The commission shall be composed of [four or six] [(4) or (6)] members and the mayor. Each commissioner shall be elected at-large by the qualified electors of the city, but must represent and be domiciled within one of the [four or six] [(4) or (6)] specific commission wards in accordance with the provisions of Article VII. The mayor shall be elected at-large, pursuant to §2.03(b) and Article VII. Note: This recommended language removes the language on eligibility and term limits, since that is covered by the two prior sub-sections (a) and (b). Article VII also applies to the mayor because it defines when he or she will take o<ice. Section 2.03. Mayor IF AT-LARGE IS RETAINED: (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. The mayor shall be recognized as head of the city government for all ceremonial purposes, or may delegate this duty, 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. OR, IF WARDS ARE ADOPTED: (a) Powers and Duties. The mayor shall be a non-voting member of the city commission, except that the mayor shall case the deciding vote in the case of a tie, and shall attend and preside at meetings of the commission. The mayor shall be recognized as head of the city government for all ceremonial purposes, or may delegate this duty, 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. Note: The language in both options has been simplified. The way the current charter text reads, “the mayor shall … represent the city in intergovernmental relationships,” implies that the mayor is legally obligated to be only one to represent the city in intergovernmental relationships. This does not reflect current practice and is already covered by the blanket authorization in Section 1.03, which states that “The City of Bozeman may participate in … [intergovernmental relationships].” This allows the mayor to represent the city but does not legally mandate it. This version also removes the language requiring presentation of an annual state of the city message. This is something that a mayor should do, but is not something that is always practiced, including this year, where Mayor Morrison did not give an annual state of the city address at the beginning of the year as has been done by prior mayors. If wards are adopted, the language establishing a tie-breaking mayor shifts the voting powers of the mayor to only vote in the case of a tie. Combined with a ward system, this will help to build consensus among the ward commissioners because they will know that in the case of a split decision, the mayor, who is elected by the city at-large, will cast the final vote. This structures the commission to prioritize city-wide alignment while empowering ward-based commissioners to act as the direct local experts for their respective neighborhoods. IF AT-LARGE IS RETAINED: (b) Appointing a Vice Mayor. In the month of January following each regular city election, the Commission shall elect a Vice Mayor from among its members to serve a term of two years. The Vice Mayor shall serve and function as mayor during the absence or disability of the Mayor. IF WARDS ARE ADOPTED: (b) Appointing a Vice Mayor. In the month of January following each regular city election, the Commission shall elect a Vice Mayor from among its members to serve a term of two years. The Vice Mayor shall serve and function as mayor during the absence or disability of the Mayor. When serving or functioning as mayor, the Vice Mayor shall retain their full voting rights as a commissioner. Note: This keeps the intent of the text that is currently in the dra7 charter and just makes it a li:le easier to read. The text for wards is adapted to ensure that the vice mayor retains their vo>ng rights as a commissioner if they have to step in for the mayor. Section 2.04. Compensation and Expenses. The City Commission shall establish an independent Compensation Board to determine the annual salaries of the mayor and commissioners. The Compensation Board shall consist of five (5) members: the city’s chief financial o<icer, who shall serve as a non-voting ex-o<icio member, and four (4) community members who are registered voters of the City of Bozeman and domiciled full-time in the city. No elected o<icial, city employee (other than the chief financial o<icer), or immediate family member thereof shall serve on the Compensation Board. The Compensation Board shall conduct an annual review of the compensation for the mayor and commissioners. As part of this review, the Compensation Board shall consult with the City Commission to evaluate the actual time commitments of the o<ice and the impacts of the local cost of living. Following this consultation, the Compensation Board shall retain final authority to set compensation. The mayor and commission members shall receive their actual ordinary and necessary expenses incurred in the performance of their duties of o<ice. 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. Note: These revisions retain the intent of the text proposed by Study Commissioners Strout and Taylor. They remove the inherent conflict of interest that would be created by placing two sitting city commissioners sitting on the board. Having city commissioners serve on the board poses several logistical issues, including how to determine which two of the commissioners would sit on it, and it carries over the exact flaw of the current compensation section, which is the awkwardness of commissioners voting on their own pay. The fundamental purpose of an independent board is to eliminate this. By rewording the text so that the board consults with the commission as a whole, the original intent is retained. This text also removes the overly prescriptive formula for determining pay. Area Median Income (AMI) is not always the best measurement to determine local a<ordability and can fluctuate up or down unpredictably from year to year. Section 2.05. Prohibitions. (a) Holding Other OYice. Except where authorized by law, no commission member shall hold any other elected public o<ice during the term for which the member was elected to the commission. No commission member shall hold any other city o<ice or employment during the term for which the member was elected to the commission. No former commission member shall hold any compensated appointive o<ice or employment with the city until one year after the expiration of the term for which the member was elected to the commission. Nothing in this section shall be construed to prohibit the commission from selecting any current or former commission member to represent the city on the governing board of any regional or other intergovernmental agency, or any city board. (b) Appointments and Removals. Neither the city commission nor any of its members shall in any manner control or demand the appointment or removal of any city administrative o<icer 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 o<icers and employees. (c) Interference with Administration. Except for the purpose of inquiries, and investigations under §2.09, the commission or its members shall deal with city o<icers 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 o<icer or employee, either publicly or privately.