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HomeMy WebLinkAbout07-01-26 Public Comment - C. Winn - June 18, 2026 City CommentsFrom:Chuck Winn To:Barb Cestero; Becky Franks; Carson Taylor Cc:Mike Maas; Greg Sullivan; Cola Rowley Subject:June 18, 2026 City Comments Date:Wednesday, July 1, 2026 8:06:19 AM Attachments:Amended Charter edits on June 18 version Author.pdf.docx Members of the Bozeman Study Commission: Thank you for the opportunity for me to comment at your June 18, 2026, meeting. Attached is the proposed charter with revisions that reflect our comments shared during that discussion. In general, we have concerns about language that lacks clarity or definitiveness. Introducing ambiguous provisions may expose the City to future disputes regarding charter compliance. We also noted several sections that are overly prescriptive in ways that may not retain long- term relevance. These issues are particularly apparent in Article VIII, “Role of Public Engagement in Local Governance.” While a high-level framework for engagement is appropriate for a charter, the detailed implementation should be established through resolution or policy to ensure flexibility and responsiveness to a dynamic community. Additionally, this section includes several instances of language that is open to interpretation, as well as provisions that may conflict with State law. I offer our staff's support and expertise in all areas, but specifically engagement to answer questions and assist you and the community's understanding of how the City currently administers these engagement processes, as well as how they operate from both a functional and a legal standpoint. Thanks again for all your work as Study Commissioners. It is no small task you have accepted and please feel free to reach out if you have any questions or would like any additional information. Chuck Chuck Winn | City Manager City of Bozeman 121 North Rouse Avenue - P.O. Box 1230 Bozeman, MT 59771-1230 P: 406.582.2306 C: 406.581.0020 June 18, 2026 1 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, accountable, and responsive 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, affirm the values of self-governance, representative democracy, , professional management, leadership, public engagement, and regional cooperation. ARTICLE II CITY COMMISSION Section 2.04. Compensation; Expenses. The city commission shall appoint a city compensation board - to determine the annual salaries of the mayor and commissioners. The compensation board shall include two commissioners, the city’s chief financial officer and four residents who are registered voters and live full-time in the city. Compensation for commissioners and the mayor shall be determined based on an appropriate percentage of a full-time equivalent of the Gallatin County Area Median Income for a household of four. For each fiscal year, the compensation board shall determine the number of hours per week commissioners and the mayor are expected to work in order to calculate the specific annual compensation amount. Section 2.11. Action Requiring 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: (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) Amend or repeal any ordinance previously adopted; or (7) Adopt, with or without amendment, ordinances proposed under the initiative power. June 18, 2026 2 Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution. 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 3.03. Acting City Manager. 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. 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, in exercising its judicial authority, shall act separately and independently from the legislative and executive branches. ARTICLE V DEPARTMENTS, OFFICES AND AGENCIES ARTICLE VI FINANCIAL MANAGEMENT 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 with the city’s June 18, 2026 3 strategic priorities, organizational goals, service objectives, and fiscal sustainability. The budget 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. 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 industry 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 6.09 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 current industry standards. 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. 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. Public engagement is an integral part of effective and trusted governance. 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. June 18, 2026 4 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 nonpartisan organizations located within a neighborhood association’s boundary; (3) A majority of the leadership, as defined by the neighborhood association’s bylaws, should be residents of the neighborhood and only residents of the neighborhood may serve as the association’s InterNeighborhood Council representative. Adherence to established bylaws ensures 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. (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 manager, on neighborhood and city-wide issues. June 18, 2026 5 (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 to 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) The City of Bozeman Neighborhood Liaison shall work with the InterNeighborhood Council to expand the neighborhood program and develop boundaries to include all residents in a Neighborhood Association. Section 8.05. 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 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. ARTICLE IX GENERAL PROVISIONS Section 9.01. Conflicts of Interest; Board of Ethics. 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, , 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.