Loading...
HomeMy WebLinkAbout06-04-26 Public Comment - Gallatin Valley Sentinel - Fwd_ Complete Text for WardsFrom:The Gallatin Valley Sentinel To:Bozeman Goverment Study Commission Subject:[EXTERNAL]Fwd: Complete Text for Wards Date:Thursday, June 4, 2026 11:54:12 AM Attachments:GVS Charter Language for Wards.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, We are re-sending this public comment since it is currently missing from the public commentrepository. We hope that it was received by the Study Commissioners when we sent it last week and has since been reviewed and thoughtfully considered. Thank you,Katie Adams ---------- Forwarded message --------- From: The Gallatin Valley Sentinel <info@thegvsentinel.com>Date: Thu, May 28, 2026 at 12:18 PM Subject: Complete Text for WardsTo: Bozeman Goverment Study Commission <govreview@bozeman.net> Please see attached for the complete text recommended for wards. 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/section_00 40/0000-0050-0010-0040.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/section_00 80/0000-0040-0010-0080.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 temporary absence or disability of the Mayor and shall succeed to the o<ice of mayor in the event of a permanent vacancy as provided in Section 2.06. 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 temporary absence or disability of the Mayor and shall succeed to the o<ice of mayor in the event of a permanent vacancy as provided in Section 2.06. When serving or functioning as mayor under a temporary absence or disability, 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. Section 2.06. Vacancies; Forfeiture of OYice; Filling of Vacancies. IF AT-LARGE IS RETAINED: (a) Vacancies. The o<ice of a commission member or mayor shall become vacant upon the happening of any of the following events before the expiration of the o<iceholder’s term: (i) The death of the o<iceholder; (ii) A final judicial determination that the o<iceholder is incompetent; (iii) The o<iceholder’s written resignation; (iv) The o<iceholder’s lawful removal from o<ice; (v) The o<iceholder ceasing to be domiciled within the city limits of Bozeman; (vi) The o<iceholder’s ceasing to discharge the duties of o<ice for a period of three (3) consecutive months; except when prevented by a certified medical illness; (vii) The o<iceholder’s conviction of a felony or any public o<ense involving moral turpitude or an intentional violation of o<icial duties; (vii) A final determination of forfeiture of o<ice as authorized in subsection (b) of this section or state law. IF WARDS ARE ADOPTED: (a) Vacancies. The o<ice of a commission member or mayor shall become vacant upon the happening of any of the following events before the expiration of the o<iceholder’s term: (i) The death of the o<iceholder; (ii) A final judicial determination that the o<iceholder is incompetent; (iii) The o<iceholder’s written resignation; (iv) The o<iceholder’s lawful removal from o<ice; (v) In the case of a commissioner, the o<iceholder ceasing to be domiciled within the ward from which they were elected; or, in the case of the mayor, ceasing to be domiciled within the city limits of Bozeman; (vi) The o<iceholder’s ceasing to discharge the duties of o<ice for a period of three (3) consecutive months; except when prevented by a certified medical illness; (vii) The o<iceholder’s conviction of a felony or any public o<ense involving moral turpitude or an intentional violation of o<icial duties; (vii) A final determination of forfeiture of o<ice as authorized in subsection (b) of this section or state law. (b) Forfeiture of OYice. A commission member or mayor shall forfeit their o<ice, subject to a due process public hearing and a majority vote of the whole commission, if the o<iceholder: (i) Commits open neglect or refuses to discharge the o<icial duties of the o<ice; or (ii) Violates the Code of Ethics or any express prohibition of this charter; or (iii) Fails to attend three (3) consecutive regular meetings of the commission or twenty-five percent (25%) of all regular meetings of the commission within a 12- month period, unless such absences are excused by majority vote of the whole of the commission. Note: This clarifies the di<erences between a vacancy (an immediate, black-and- white situation) and forfeiture of o<ice (a gray area subject to a public hearing). It also expands the definitions within both categories to address gaps left unanswered by the current and draft charters, such as specific ward-based domicile requirements and clear attendance metrics. IF AT-LARGE IS RETAINED: (c) Filling of Vacancies. In the event of a vacancy on the city commission, the commission shall, within sixty (60) days, appoint a qualified elector who is domiciled within the city limits of Bozeman. Such appointment shall occur only after a public hearing and a minimum fourteen (14) day application period advertised to the residents of the city. The appointee shall serve until the next regularly scheduled municipal election, at which time the o<ice shall be filled for the remainder of the unexpired term, if any, pursuant to state law. In the event of a vacancy in the o<ice of mayor, the Vice Mayor shall succeed as mayor until the next regularly scheduled municipal election, at which time the o<ice of mayor shall be filled for the remainder of the unexpired term, if any. The commission vacancy created by the Vice Mayor’s succession shall be filled pursuant to subsection (c) of this section. IF WARDS ARE ADOPTED: (c) Filling of Vacancies. In the event of a vacancy on the city commission, the commission shall, within sixty (60) days, appoint a qualified elector who is domiciled within the vacant ward. Such appointment shall occur only after a public hearing and a minimum fourteen (14) day application period advertised to the residents of that ward. The appointee shall serve until the next regularly scheduled municipal election, at which time the o<ice shall be filled by the electors of that ward for the remainder of the unexpired term, if any, pursuant to state law. In the event of a vacancy in the o<ice of mayor, the Vice Mayor shall succeed as mayor until the next regularly scheduled municipal election, at which time the o<ice of mayor shall be filled for the remainder of the unexpired term, if any. The commission vacancy created by the Vice Mayor’s succession shall be filled pursuant to subsection (c) of this section. Note: This section resolves an existing conflict regarding the mayoral vacancy process in the current draft charter. It also outlines how vacancies are filled depending on whether the city retains if at-large elections or adopts a ward-based system. This also creates a necessary change to the verbiage in Section 2.03(b), as reflected above. Section 2.07. Judge of Qualifications. The city commission shall be the judge of the grounds for forfeiture of a member's o<ice, 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 o<ice shall be entitled to a public hearing on demand, the right to be represented by legal counsel, and the right to cross- examine witnesses. The member shall be responsible for all costs associated with their legal representation; provided, however, that the commission may, by ordinance, provide for the reimbursement of reasonable legal fees if the hearing results in a final determination that no grounds for forfeiture existed. Notice of such hearing shall be published in the city’s o<icial newspaper of record and on the city’s digital platforms at least fourteen (14) days prior to the hearing. A vote to declare an o<ice forfeited shall require an a<irmative vote of a majority of the whole of the commission and the mayor. Note: This adds clarity that the member who may have to forfeit their o<ice has the right to have legal counsel. The former city manager had legal counsel in his public hearing, so this extends that right to a member of the commission. Section 2.08. City Clerk. The city commission or the city manager, as designated by ordinance, shall appoint an o<icer of the city who shall have the title of city clerk. The city clerk shall give notice of commission meetings to its members and the·public, keep the journal of its proceedings, maintain the city’s o<icial records in accordance with state law, and perform such other duties as are assigned by this charter, by the commission, or by state law. Note: This just adds “maintain the city’s o<icial records in accordance with state law.” Section 2.09. Investigations. The city commission may make investigations into the a<airs of the city and the conduct of any city department, o<ice, 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. IF AT-LARGE IS RETAINED: Section 2.11. Action Requiring an Ordinance. In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city commission shall be by ordinance which: (a) Adopt or amend an administrative code or establish, alter, or abolish any city department, o<ice, or agency; (b) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (c) Levy a new tax; (d) Grant, renew, or extend a franchise; (e) Convey or lease or authorize the conveyance or lease of any lands of the city; (f) Regulate land use and development; (g) Amend or repeal any ordinance previously adopted; or (h) 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. IF WARDS ARE ADOPTED: Section 2.11. Action Requiring an Ordinance. In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city commission shall be by ordinance which: (a) Adopt or amend an administrative code or establish, alter, or abolish any city department, o<ice, or agency; (b) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (c) Levy a new tax; (d) Grant, renew, or extend a franchise; (e) Convey or lease or authorize the conveyance or lease of any lands of the city; (f) Regulate land use and development; (g) Amend or repeal any ordinance previously adopted; (h) Adopt, with or without amendment, ordinances proposed under the initiative power; or (i) Establish or change the boundaries of city wards; provided, however, that the commission shall adopt the ward boundaries exactly as determined by the Independent Citizens’ Redistricting Advisory Board pursuant to §7.03 Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution. Note: This adds that ward boundaries are adopted by the commission by ordinance, but makes clear that the commission cannot change the recommendations of the independent board. IF AT-LARGE IS RETAINED: Section 2.12. Ordinances in General. Ordinances, regular, emergency, and technical regulations, will be proposed, published, and approved in accordance with state law. In addition to the requirements of state law, ordinances, administrative regulations, resolutions, and the Bozeman Municipal Code will be published electronically. Notice of any proposed ordinance impacting a specific Neighborhood Association or ward shall be transmitted directly to the designated leadership of any impacted neighborhood association at least six (6) days prior to the first reading. The City Clerk shall maintain an updated registry of Neighborhood Association leadership for this purpose. IF WARDS ARE ADOPTED: Section 2.12. Ordinances in General. Ordinances, regular, emergency, and technical regulations, will be proposed, published, and approved in accordance with state law. In addition to the requirements of state law, ordinances, administrative regulations, resolutions, and the Bozeman Municipal Code will be published electronically. Notice of any proposed ordinance impacting a specific Neighborhood Association or ward shall be transmitted directly to the designated leadership of any impacted neighborhood association and ward commissioner at least six (6) days prior to the first reading. The City Clerk shall maintain an updated registry of Neighborhood Association leadership for this purpose. Note: There has been disagreement between the Inter-Neighborhood Council and the City Commission and sta< on how information is distributed to the neighborhoods. The city’s position has been that general publication satisfies their requirement under the Neighborhood Recognition Ordinance because technically anyone in a neighborhood can enroll for city e-notifications, but neighborhoods feel di<erently. This clearly defines the requirement and is a task that can be completed easily by the full-time Neighborhood Liaison position created by the proposed charter. 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 o<ice without party designation. (b) Beginning of term. The terms of new commission members and the mayor shall start at the beginning of the first regularly scheduled meeting in January after their election. IF AT-LARGE IS RETAINED: Section 7.02 Methods of Electing Commission Members. Commission members shall be elected at-large for four-year terms pursuant to §2.02. The mayor shall be elected pursuant to §2.03. IF WARDS ARE ADOPTED: Section 7.02 Methods of Electing Commission Members. Commission members shall be elected by wards pursuant to §2.02. The mayor shall be elected pursuant to §2.03. Section 7.03 Ward Boundaries. (a) Citizens’ Redistricting Advisory Board. The city commission shall establish an independent Citizens’ Redistricting Advisory Board consisting of five (5) members who are qualified electors domiciled within the city limits of Bozeman. No elected o<icial, city employee, or declared candidate for public o<ice shall serve on the Board. Board members shall be appointed by the City Commission following a public application process, ensuring geographic diversity across the city. (b) Standards and Criteria. The Board shall divide the city into [four or six] [(4) or (6)] wards by submitting a final report to the City Commission for adoption by ordinance. Each ward shall be compact, contiguous, and structured so that the population disparity between wards does not exceed ten percent (10%) at the time of any boundary determination. To the maximum extent feasible, boundaries of each ward shall be compact, contiguous, as nearly equal in population as practicable, and shall preserve existing Neighborhood Association boundaries to the maximum extent feasible. No ward shall be drawn for the purpose of favoring or discriminating against any political party of incumbent o<iceholder; provided, however, that no boundary alteration shall exclude an incumbent commissioner from their ward prior to the expiration of that incumbent’s current term. (c) Timeline and Public Process. The Board shall conduct its work in public meetings in an open, transparent manner and shall hold a minimum of two (2) public hearings before finalizing any ward map. The Board shall complete and file its initial recommended ward boundaries with the City Commission for adoption by ordinance within ninety (90) days of the Board’s creation. Ward boundaries shall be reviewed within twelve (12) months following the publication of each decennial federal census thereafter or sooner if the population disparity is found to exceed ten percent (10%). Upon adoption of the boundaries by ordinance, the ward boundaries shall become legally e<ective for the next scheduled municipal election. IF AT-LARGE IS RETAINED: Section 7.03. Initiative; Citizen Referendum, and Recall. The powers of initiative, citizen referendum, and recall are hereby reserved to the electors of the city as provided by state law. In verifying petitions for initiatives and referendums, the number of signatures required shall be calculated based upon the total number of active registered voters as most recently certified by the county election administrator, e<ectively reducing the requirement in proportion to the number of inactive voters on the rolls. IF WARDS ARE ADOPTED: Section 7.04. Initiative; Citizen Referendum, and Recall. The powers of initiative, citizen referendum, and recall are hereby reserved to the electors of the city as provided by state law. In verifying petitions for initiatives and referendums, the number of signatures required shall be calculated based upon the total number of active registered voters as most recently certified by the county election administrator, e<ectively reducing the requirement in proportion to the number of inactive voters on the rolls. Note: This simplifies the language while retaining the same meaning. The only di<erence between the language for at-large and wards is the Section number.