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HomeMy WebLinkAbout08-06-26 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 Thursday, August 6, 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 Approval of Study Commission Minutes(Heinen) E. Correspondence or Study Commission Update F. Unfinished Business G. New Business G.1 Approval of Final Report and Authorization to Submit to County Election Office(Taylor/Franks) G.2 Presentation on Education and Advocacy G.3 Education Plan G.4 Signing the Study Commission Final Report H. Future Agenda Items 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. Consider the Motion: I move to approve the Study Commission meeting minutes from July 30, 2026. Consider the Motion: I move that we authorize this Final Report for submission to the County Election Office. 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:Approval of Study Commission Minutes MEETING DATE:August 6, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to approve the Study Commission meeting minutes from July 30, 2026. 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 Attachments: 07-30-26 Study Commission Meeting Minutes.pdf Report compiled on: August 3, 2026 3 Bozeman City Study Commission Meeting Minutes, July 30, 2026 Page 1 of 5 THE STUDY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 30, 2026 A) 00:00:31 Call to Order with Pledge of Allegiance and Moment of Silence - 4:00 PM, Commission Room, City Hall, 121 North Rouse Present: Carson Taylor, Becky Franks, Barb Cestero, Deanna Campbell, Jan Strout, Mike Maas Absent: None Excused: None B) 00:01:38 Changes to the Agenda C) 00:01:46 Public Comment on Anything within the Jurisdiction of the Study Commission D) 00:02:51 Consent Agenda D.1 Approval of Study Commission Minutes 07-23-26 Study Commission Meeting Minutes.pdf 00:02:51 Motion to approve I would like to make a motion to approve the Consent Agenda as presented. Becky Franks: Motion Barb Cestero: 2nd 00:03:30 Vote on the Motion to approve I would like to make a motion to approve the Consent Agenda as presented. The Motion carried 5 - 0. Approve: Carson Taylor Becky Franks Barb Cestero Deanna Campbell Jan Strout 4 Bozeman City Study Commission Meeting Minutes, July 30, 2026 Page 2 of 5 Disapprove: None E) 00:03:38 Correspondence or Study Commission Update 00:03:50 Cmr. Cestero discussed a presentation with Valley West Neighborhood Association with Cmr. Franks 00:04:47 Ex Officio Maas discussed a conversation with Gallatin County Elections Office and precinct boundaries with a live map Gallatin County Elections Map 00:08:40 Question on ballot format 00:10:04 Question on signatures for the Final Report Study Commission plan to sign Final Report on August 6th F) 00:11:50 Unfinished Business F.1 00:11:53 Review and Provide Edits to the 2026 Tentative Report of the City of Bozeman Study Commission DRAFT 7 30 26 Tentative report 2026 Local gov't study commission.pdf 00:12:05 Chair Taylor brought up public comment around the language "recommend" 00:12:30 City Attorney Greg Sullivan discussed the language "recommend" 00:15:40 City Attorney Greg Sullivan to present on advocacy on August 6 00:16:11 Study Commission questions for Greg Sullivan 00:18:20 Cmr. Franks introduced the Final Report and the specific versions for tonight's meeting 00:20:28 Discussion on the simplification of the ballot language, including the specific question being asked by each sub-option 00:39:26 Cmr. Cestero repeated the current changes to Sub-option 2 00:43:02 Further discussion on if Ward based representation fails and how Commissioners are elected 00:53:30 Moved to sub-option 3 00:57:30 Cmr. Franks to send updated ballot sub-option language to Cmr. Cestero and Ex Officio Maas 5 Bozeman City Study Commission Meeting Minutes, July 30, 2026 Page 3 of 5 00:58:08 Study Commission moved to the (I) Letter to the Residents in the Draft Report 01:07:00 Discussion on (II) Report Summary A. Findings 01:18:40 Discussion on (II) Report Summary B. Key Provisions 01:20:35 Discussion on (III) Comparison of Existing and Proposed Amended Charter A-C 01:24:28 Discussion on (III) Comparison of Existing and Proposed Amended Charter D. Justification and Reasons 01:28:15 Discussion on a Minority Report 01:30:00 Discussion on (IV F.) Appendices 01:35:51 Cmr. Franks described the upcoming timeline 01:37:00 Discussion on the current timeline 01:42:10 Study Commission moved back to the Preamble 01:45:56 Motion to approve I would like to make a motion that we ask Greg why we could not include that the City of Bozeman in its governing capacity will respect and operate under the Constitution of America. To ask him for his opinion Deanna Campbell: Motion Motion failed to receive a Second and was lost. 01:46:51 Study Commission moved to Section 2.06 of the Amended Charter 01:48:49 Cmr. Franks gave the gavel back to Chair Taylor 01:49:23 Meeting went into Recess 01:49:24 Meeting reconvened 01:49:49 Chair Taylor reopened discussion for Public Comment G) 01:50:52 New Business G.1 Ballot Education Engagement Timeline BZNSTUDY Draft Presentation 072126.pdf BSC Talking Points FAQs.pdf BSC - Ballot Education - Active Electorate Engagement Budget - Engagement Timeline.pdf 6 Bozeman City Study Commission Meeting Minutes, July 30, 2026 Page 4 of 5 Outreach Engagement Lists for Bozeman City Study Commission - updated 7.27.26.pdf 01:51:09 Danegeld introduced themselves 01:51:32 Danegeld presented: Charting Bozeman's Future 01:52:48 Discussion on the Charting Bozeman's Future new branding 01:59:35 Danegeld presented: Talking Points - Proposed Amended Charter (1-4) 02:00:43 Discussion on Talking Points and Power Point 02:07:18 Danegeld Presented: Active Electorate Engagement 02:08:07 Discussion on Active Electorate Engagement 02:21:55 Discussion on attendance at Sweet Pea August 7-8 and the responsibilities of the Study Commission or Consultant 02:24:12 Discussion on appointing Ex Officio Mike Maas as Study Commission Treasurer 02:26:43 Motion to approve I so move Deanna Campbell: Motion Barb Cestero: 2nd 02:26:56 Vote on the Motion to approve I so move The Motion carried 5 - 0. Approve: Carson Taylor Becky Franks Barb Cestero Deanna Campbell Jan Strout Disapprove: None 02:27:03 Discussion on flyers to hand out and further discussion on responsibilities of the Study Commission or Consultant 02:32:40 Attendance for upcoming events process 7 Bozeman City Study Commission Meeting Minutes, July 30, 2026 Page 5 of 5 02:40:23 Further discussions on Danegeld materials 02:48:51 Discussion on the Study Commission website and Danegeld provided website I) 02:55:17 Public Comment on Anything within the Jurisdiction of the Study Commission H) 02:55:26 Future Agenda Items 02:55:31 Discussion on August 6 J) Announcements K) 02:56:46 Adjournment 8 Memorandum REPORT TO:Study Commission FROM:Caeleb Heinen, Recording Secretary Mike Maas, Ex Officio Becky Franks, Study Commissioner Vice Chair Carson Taylor, Study Commissioner Chair SUBJECT:Approval of Final Report and Authorization to Submit to County Election Office MEETING DATE:August 6, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move that we authorize this Final Report for submission to the County Election Office. 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 been reviewing the City of Bozeman's local government structure. They have been tasked with studying our current process and how it could be improved upon. Now, at the end of their process, they are submitting this Final Draft for approval amongst the Study Commissioners and an authorization to submit the Final Report to the County Election Office. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Study Commission FISCAL EFFECTS:None identified Attachments: Final report 2026 Local gov't study commission.pdf Report compiled on: July 27, 2026 9 CITY OF BOZEMAN LOCAL GOVERNMENT STUDY COMMISSION 2024-2026 FINAL REPORT August 6, 2026 10 TABLE OF CONTENTS I. LETTER TO THE RESIDENTS OF THE CITY OF BOZEMAN II. REPORT SUMMARY A. Findings of the Study Commission B. Key Provisions of the Amended Charter C. Sub-options that are presented III. COMPARISON OF EXISTING AND PROPOSED AMENDED CHARTER A. Existing Charter - Description of General Characteristics B. Proposed Amended Charter - Description of General Characteristics C. Comparison of Specific Characteristics D. Justifications and Reasons for the Proposed Amendments IV. APPENDIX Exhibit A: Certificate of Existing Form of Government Exhibit B: Certificate of the Amended Charter Exhibit C: Certificate Establishing the Date of the Election Exhibit D: Certificate Establishing the Official Ballot Exhibit E: Certificate Establishing the Effective Date of the Charter Exhibit F: Recommendations from the Study Commission to the City Commission and Staff 11 I. LETTER TO THE RESIDENTS OF THE CITY OF BOZEMAN To the Residents of the City of Bozeman: The City of Bozeman Local Government Study Commission, elected by the voters on November 5, 2024, is honored to present this report to you. This work is the first study commission report in 20 years, and the first review of the city charter adopted in 2006. The question of adopting an amended charter will be placed on the ballot for November 3, 2026, along with three related sub-options, for a vote. The sub-options will only take effect if the amended charter passes. The Montana Code Annotated 7-3-172 directs the work of the study commission and the purpose is to “study the existing form and powers of a local government and procedures for delivery of local government services and compare them with other forms available under the laws of the state”. This included contracting with a Communication Strategist, public surveys, two public hearings, multiple presentations, meetings with stakeholders, social media, paid advertisement and op-eds. Study commission members were also interviewed on TV, radio and by the Bozeman Chronicle. In addition to learning from the public, the Montana State University Local Government Center provided best-practice research and information regarding local governments in other Montana communities. This was an effort to understand how city government works best in a community like Bozeman, how the City of Bozeman is growing, and what changes to the charter might positively impact governance while also managing future growth. This report reflects both public engagement and the study process. It includes the recommended changes that will guide the present and future governmental services. During this process, it became clear that residents were not feeling heard or seen by the City of Bozeman government system. Therefore, you will find a new Article VIII called “Public Engagement”. The changes you see demonstrate a clear understanding that active, informed and inclusive engagement of community members, both individually and collectively, is an essential element of healthy civic life and a thriving local democracy. Due to the number of edits from the existing charter, this document provides you with a clean copy of the amended charter. For transparency, you can find a summary of all proposed edits on the bozemanstudy.com website. Respectfully submitted, City of Bozeman Local Government Study Commission ____________________________ _____________________________ Carson Taylor, Chair Becky Franks, Vice Chair ____________________________ _____________________________ Deanna Campbell Barb Cestero ____________________________ Jan Strout 12 II. REPORT SUMMARY The City of Bozeman Study Commission, having thoroughly studied our current form of government, the alternative forms of government available under state law, and future governmental needs of the city, recommends the city retain the current charter form of government with self-governing powers and a commission-manager structure. While we are not changing the powers, form or structure of our government, we ARE proposing important amendments to the charter and possibly to the size of the city commission and how its members are elected, depending on voter decisions. We are recommending an amended charter to address issues and concerns brought forward in the community, employee and city board surveys, and public input and engagement throughout the study. These amendments are summarized below and will be realized if decided by qualified voters in November 2026. Note that there is a vote to approve the amended charter first and the sub-options will only be realized if the amended charter passes and replaces the existing charter. (MCA 7-3-151 (1)) A. Findings of the Study Commission The City of Bozeman has experienced exponential growth since the existing charter was passed by voters in 2006. When thinking about how to make amendments to the charter, the study commission took current and future growth into consideration to think about the present state of affairs, but also how the community will change and grow over the next 10 years until the next opportunity to engage in this government review process. Some of the edits make the document easier to understand, and some were substantive to address identified issues in the 2006 charter. It is important to read the entire 2026 draft charter to see all the suggested edits, but listed below are some key highlights of the proposed amended charter: Finding #1: The City of Bozeman is currently functioning well with self-governing powers and a charter form of government as it has since 2006. The city has been well served by the commission/manager structure of government for decades because it places the day-to-day operations of the city in the hands of a professional, qualified manager. Finding #2: The mayor plays an important leadership role for the residents of Bozeman, holds a high-profile position in the community serving in a leadership capacity, chairing the commission meetings and often serves as a liaison between the elected body and the city manager. The mayor also represents the interests of Bozeman across Montana and the United States. Requiring the elected mayor to serve the first two years of their term as deputy mayor has become confusing to the public and shortens the time of service for the position the mayor is elected to. Finding #3: The public is interested in greater representation among elected commissioners, reflecting the varied geographic and socio-economic experiences of the community. Currently, many commissioners reside in the same geographical area of the city, which may contribute to some parts of the city feeling unrepresented. Community-wide representation is further limited 13 because compensation is currently set at a level that may discourage residents from running unless they have another source of income. Finding #4: The public has clearly stated that they want more engagement and a seat at the table in city government. Some of the public is not feeling heard, gets the sense they are being pushed aside during important city decisions, and believes that commissioners come to public meetings with their minds already made up rendering public participation futile. Therefore, the amended charter includes a new Article VIII called Public Engagement, to clarify and strengthen the role of neighborhood associations, the Inter-Neighborhood Council and city boards, providing increased opportunity, transparency and two-way communication with city government. Finding #5: The city’s exponential growth since 2006 has left some citizens feeling underrepresented on the city commission. This amended charter presents residents with several options that may address this issue including the option to expand the number of commissioners from four to six and the option to shift to electing commissioners by wards while the mayor continues to be voted at large. These options will be provided as three separate sub- options on the November 3, 2026 general election ballot. In addition, the charter proposes a new city board and process to address compensation for the commission and mayor. B. Key provisions of the amended charter This is a high-level view of the changes in this amended charter that differ from the existing 2006 charter. It is recommended that voters read the entire amended charter being brought before the voters in November 2026. In addition, worksheet drafts and a document comparing the existing charter with the amended charter can be found on the website www.bozemanstudy.com. 1. Elimination of the Deputy Mayor Requirement. The mayor will continue to be elected at large and will serve a 4-year term, no longer serving the first 2 years as deputy mayor. Every two years, the city commission will select a vice mayor to serve in the occasional absence of the mayor, or if the mayor’s seat becomes vacant. 2. Commissioner and Mayor Compensation. Language has been added that requires the City of Bozeman to have a compensation board that will recommend a fair and reasonable wage for the commissioners and the mayor. 3. City Commission Vacancy. If there is a vacancy, there will now be a requirement to fill the vacant position within 60 days (instead of 30) and the city commissioners must hold a public forum with potential applicants for the vacant commission position. 4. Three Branches of Government. Article I, Section 1.01 reinforces that there are three branches of government: executive, legislative and judicial. There is a new Article IV with general provisions of the judicial branch. 5. Article VIII: Public Engagement has been added with additional clarity on the role of neighborhood associations, the Inter-Neighborhood Council and city boards. 6. Section 11.4 lists the schedule of implementation for some of the changes described in the amended charter. 7. The ballot is listed in Exhibit D. This states the language of the ballot that will be brought forth to the voters on November 3, 2026. There is one central vote to either keep the 14 existing charter or approve the amended charter. In addition, there are three sub-options regarding the size of the commission and how city commissioners are elected. If the amended charter vote fails, the existing 2006 charter will stay in place and therefore, all sub- options will fail even if they are approved by voters. 8. Exhibit F. There are several “recommendations” from the study commission to the city commission and staff. These can be found in Exhibit F. These are important issues that were discovered by the study commission, but don’t belong in the charter. The city commissioners and staff can follow them if they see fit. C. Sub-Options That Are Presented In addition to asking voters to approve the amended charter, the study commission will present the voters with three sub-options to decide on November 3, 2026. If the sub-options pass with a majority of votes, they will only take effect if the amended charter is approved by the voters. If the amended charter is rejected, then the sub-options fail regardless of the number of votes received. (MCA 7-3-151) 1. Sub-Option #1 will allow voters to decide the size of the commission. Whether Bozeman should continue to have 4 commissioners and a mayor or expand the city commission to 6 commissioners and a mayor. 2. Sub-Option #2 will ask voters to decide residency requirements for commissioners. Whether to continue to elect commissioners at large where commissioners can live anywhere within city limits and are elected by all voters of the city, or whether to elect city commissioners by wards where commissioners must live within the ward they represent. 3. Sub-Option #3 applies only if voters approve a ward system under Sub-Option #2. This sub- option will ask voters to decide who elects each ward’s commissioner: Whether all commissioners living with the ward are elected by all voters in the city, or each commissioner is elected only by voters residing within that same ward. III. COMPARISON OF EXISTING AND PROPOSED AMENDED CHARTER A. Existing Charter The City of Bozeman currently operates under the charter form with the commission/manager structure and self-government powers under Title 7, Chapter 3, Part 7 of the Montana Code Annotated. Bozeman’s City Charter was created and passed by voters in 2006. B. Proposed Amended Charter The proposed amended charter continues the City of Bozeman’s self-government powers, charter form of government and commission-manager structure. The charter has been amended in a manner that reflects the current form of government with a number of modifications that the study commission decided would enhance the operation of government and ensure that the city's business is conducted in a professional manner that is transparent and engages the public. 15 C. Comparison of Specific Characteristics - Existing 2006 charter with the 2026 amended charter. Characteristics Present Form of Government Proposed Form of Government Evaluative Comments 1 Form of Government Charter form with self- government powers; elected commission determines policy; mayor provides leadership on commission and hired city manager administers policy. no change n/a 2 Powers (Section 1.01) Self-government powers; city government may exercise any power which the state legislature doesn't deny. Legislative power is vested in the commission. no change n/a 3 Governing Body (Section 2.02) 4 commissioners + mayor with voting privileges. Mayor serves 2 years as deputy mayor before becoming mayor Eliminate the requirement for the mayor to serve 2 years as deputy mayor. Mayor will be elected directly to serve a four-year term. Serving as deputy mayor for the first two years of the term is confusing and limits the ability of the mayor to build partnerships a. Size 4 commissioners plus the mayor Same as existing unless voters approve change to 6 commissioners plus the mayor Increasing the size of the governing body from 4 to 6 commissioners may help improve representation. b. Election Non-partisan; elected at large; Mayor nominated and directly elected, serving 2 years as deputy mayor before serving 2 years as mayor. Terms are 4 years overlapping. Non-partisan; mayor elected at large to serve a 4-year term. How commissioners are elected is dependent on the sub-options approved by vote. Depending on the sub- options chosen by voters, electing commissioners from wards may increase geographic representation from across the city. c. Compensation (2.04) Commission sets compensation with guiding rules Compensation board is appointed and recommends compensation This provides for increased conversation about how commissioners are compensated d. Vacancies (2.06) Permanent vacancy filled by appointment within 30 days pursuant to MCA Permanent vacancy filled by appointment within 60 days and requires increased public engagement The MCA limits any further edits 4 Presiding Officer (Section 2.03) Mayor elected at large and chairs commission Commission appoints a vice mayor from among themselves Vice mayor will preside over meetings during absence or vacancy of mayor a. Duties of Mayor Voting member of commission; recognized as head of city government; does NOT have administrative duties no change n/a 16 Characteristics Present Form of Government Proposed Form of Government Evaluative Comments 5 Chief Administrative Officer (Article III) City manager no change n/a 6 Service Delivery Structure (Sec 4.01) City commission establishes departments. Services performed by departments under supervision of the city manager no change n/a 7 Participation/ Appointments to Boards (Sec. 4.07), and Neighborhood Council (4.06) City commission establishes boards and appoints members except those where statute mandates appointment by the mayor. New Public Engagement Article strengthening the role of boards, Neighborhood Associations and the Inter-Neighborhood Councils in local governance Strengthen role of public engagement in local governance by adding article to charter and clarify role/purpose of neighborhood associations and advisory boards. 8 Financial Administration (Article V) Specifies that Municipal Budget Act pertains; adds requirements for establishing minimum general fund reserve by ordinance and for annual CIP budget CIP updated biennially, aligned with budget process; named financial standards are replaced with general industry standards CIP timing is aligned with budget process to reduce duplicate work. Industry standards allow flexibility as standards evolve. 9 Initiatives, Referendums and Recalls (Section 6.03) Provides for initiative, citizen referendum and recall as per state law. Specifies number of signatures required on a petition can be adjusted to account for the # of inactive voters as certified by the county election administrator. no change n/a 10 Board of Ethics/Conflict of Interest (Section 7.01) Provides that the commission shall appoint an ethics board and requires annual education for elected officials, employees, and board members on an annual basis. no change n/a 17 D. Justification and Reasons for the Proposed Amendments There are several edits that have been considered and presented in the amended charter to be brought before the voters on November 3, 2026. A 2006 and 2026 draft comparison document that helps voters understand the differences being proposed is provided on the website, www.bozemanstudy.com. Each edit has been carefully explored through public engagement, study of other community government systems and exploring best practice for a government the size and scope of the City of Bozeman. Each recommendation attempts to address the following criteria: ● How well does our form of local government serve our community? ● Is the current form of government responsive and efficient in serving our community? ● What are the most pressing issues our community faces and would changes to the charter help address them? ● Will the struggles and challenges your local government faces be improved by changing the power, form, or plan of government? Below is an explanation of the key suggested amendments to the existing charter that includes why each amendment was chosen by the Study Commission. For additional context and understanding, please see the research and public comment posted on the website at www.bozemanstudy.com 1. Powers and Form of Government will stay the same. Bozeman will retain its charter form of government with self-governing powers. i. What: Self-governing powers define a local government’s authority to make decisions that are not prohibited by the legislature including the authority to “provide any services or perform any functions not expressly prohibited by the Montana Constitution, state law or its charter” (7 1-101 through 7-1-103, MCA). Without self- governing powers, a Montana city or county government may provide only those services which have been authorized by state law. Self-governing powers can also include an adopted charter, and this process allows an amendment to the existing charter. ii. Why: In 1996, the Bozeman Study Commission asked voters to move from a general powers to self-governing power because they believed that “Adopting self - governing powers gives greater flexibility in shaping our governmental structure, more responsibility to recognize and deal with our own problems, and greater power to solve these problems.” The 2006 Bozeman Study Commission proposed, and voters adopted, a charter that would guide the structure and function of the City of Bozeman. Self-governing powers with the charter form provide city government greater flexibility and authority to address the complex challenges of a growing, dynamic city. 2. Structure of Government will stay the same. The commission/manager structure will stay the same with an amended charter. i. What: The commission-manager structure of government is characterized by a simpler organizational structure, clearly defined responsibilities and powers of the hired professional manager, and the sharply defined policy-making role for the elected commission. This structure suffers less from the shared and blurred executive powers of the mayor in the commission-executive form. 18 ii. Why: This structure has served Bozeman well by placing daily operations in the hands of a qualified professional, while keeping policy and budgetary decisions in the hands of elected officials. The full-time professional manager is a professionally trained administrator and is directly accountable to an elected commission. This accountability can bring a measure of competent internal management efficiency, fiscal stability, and efficient municipal service delivery to local governmental operations. Greater efficiency can be achieved through single-point professional management. 3. Three Branches of Government. In Article I, Section 1.01 it states that there are three branches of government: executive, legislative and judicial. There is a new Article IV with general provisions of the Judicial Branch. i. What: In the existing charter, the municipal court was listed as a department of the City of Bozeman. These changes clarify the existence of the three distinct branches of government. ii. Why: The existing charter lacks this clarity, so clear charter language has been added to affirm the court's role as an integral and independent branch of city government and help to ensure it is consistently recognized and treated as such. In addition, it provides clarity, promotes institutional consistency, and reinforces the expectation that the judicial branch be treated as an equal partner in the municipal government rather than an afterthought. 4. Elimination of the Deputy Mayor. Bozeman currently has a system where the mayor is elected for four years but serves as the deputy mayor for the first two years of the term. This will be changed to remove the deputy mayor position. i. What: The mayor will be elected at large and will serve a 4-year term. There will no longer be a deputy mayor. Every two years, the city commission will select a vice mayor to serve in the occasional or permanent absence of the mayor. ii. Why: The inclusion of a deputy mayor is confusing for the public because they elect the mayor who then must wait two years to serve as mayor. In addition, it is difficult for the mayor to participate in leadership opportunities and develop intergovernmental relationships in a meaningful way because they only have two years serving as mayor. 5. Compensation Board has been added to recommend compensation for commissioners and the mayor. i. What: The city commission shall appoint a city compensation board to recommend to the city commission the compensation of the mayor and commissioners. This board will take into consideration the duties and obligations of the commission and make compensation recommendations to the city commission, who shall adopt salaries for the mayor and commissioners by ordinance prior to the filing period for the next municipal election. ii. Why: The intent is to have a representative board that can balance the responsibilities of the roles with sufficient compensation in an effort to attract a broad range of candidates to serve on the commission. This also establishes a structured public process for compensation review. 19 6. Commission Vacancies. When a commission seat becomes permanently vacant, there was a desire to make the process of filling this seat more robust with increased public engagement. i. What: Currently, city commissioners vote independently to appoint a new commissioner within 30 days of the vacancy. The amended charter adds a new requirement to fill the vacant position within 60 days (instead of 30) and the city commissioners must hold a public forum with potential applicants for the vacant commission position. ii. Why: This will require a forum for public engagement, input in the process and expand the time available to complete this important task from 30 to 60 days. The intention is to engage the public in the process, by providing information on the candidates being considered and allowing the public to provide input to the city commissioners regarding their consideration. 7. Article VIII: Public Engagement has been added with additional clarity on the form and function of neighborhood associations, the Inter-Neighborhood Council and city boards. i. What: The existing charter has sections on neighborhood associations and city boards, but more specific language and requirements were requested by community members. Therefore, there is a new Article VIII dedicated to language that increases public engagement. ii. Why: There was a very clear indication that residents had a sense of not being heard or engaged during decisions made by the city commission and wanted improved transparency and two-way dialogue. 20 E. Appendices Exhibit A: Certificate of Existing Form of Government Existing Form The City of Bozeman currently operates under the charter form with the commission/manager structure and self-government powers under Title 7, Chapter 3, Part 7 of the Montana Code Annotated. Proposed Form The proposed form of government will remain the charter form with the commission-manager structure and self-government powers under Title 7, Chapter 3, Part 7 of the Montana Code Annotated. The proposed 2026 charter has been amended to provide: the addition of an article on public engagement, other modifications the study commission feels will enhance operations, and sub-options for the voters to decide whether to expand the size of the city commission and whether to move to the ward-based election of commissioners. We, the Study Commissioners of the City of Bozeman, do hereby certify that this accurately describes the existing and proposed forms of government as determined by the City of Bozeman Local Government Study Commission. In testimony whereof, we set our hands. Done at Bozeman, Montana this 6th day of August 2026. Respectfully submitted, City of Bozeman Local Government Study Commission. Carson Taylor, Chair Becky Franks, Vice Chair Deanna Campbell Barb Cestero Jan Strout __________________________________________ Attest, City Clerk Mike Maas 21 Exhibit B: Certificate of the Amended Charter 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, we affirm the values of self-governance, representative democracy, human rights, professional management, 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 three branches of government: 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 may 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. 22 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, 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 as defined pursuant to Article IV, Section 2 of the Montana Constitution, whose principal residence is in the City of Bozeman, 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. Sub-option 1: Whether the City Commission is comprised of four or six commissioners. The Study Commission presents this question to the voters, allowing voters to determine whether the city commission should be composed of four or six members, in addition to the mayor. In this sub-option, voters will choose whether to retain the current number of commissioners at four or whether to add two additional commissioners for a total of six commissioners. This sub-option will only take effect if the amended charter is also approved by the voters. The selection receiving the most votes will be included in this charter if the amended charter is approved by the voters. The text of the option not chosen by voters will be deleted from the charter following the election. SELECTION 1: c) Composition. The commission shall be composed of FOUR members elected by the voters of the city in accordance with provisions of Article VII, and the mayor elected as provided in §2.03(b). OR SELECTION 2: c) Composition. The commission shall be composed of SIX members elected by the voters of the city in accordance with provisions of Article VII, and the mayor elected as provided in §2.03(b). 23 Sub-option 2: Whether City Commissioners may live anywhere within the city limits or must reside within the ward they represent The Study Commission presents this question to the voters, allowing them to determine whether the members of the city commission, excluding the mayor, may live anywhere within city limits, or must reside within the ward they represent. This question is independent of whether the commission consists of four or six members. If voters determine to elect city commissioners by wards, this charter must contain the method of election to be determined by the voters in Sub-option 3 (Section 7.03), below. This sub-option will only take effect if the amended charter is also approved by the voters. The selection below that receives the most votes will be included in this charter only if this charter is approved by the voters. The text of the option not chosen by voters will be deleted from the charter. If voters choose to elect commissioners at-large (Selection 1), the text of Sections 7.03 and 7.04 below will be deleted from the charter. SELECTION 1: d) Residency Requirements for Commissioners: City commissioners may live anywhere in the City of Bozeman and shall be elected at large pursuant to Section 7.03. OR SELECTION 2: d) Residency Requirements for Commissioners: City commissioners are required to reside within the ward they represent and shall be elected by wards pursuant to Section 7.03. 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 the 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 a term of two years which ends at the beginning of the first regularly scheduled meeting in January following the next regular city election. 24 Section 2.04. Compensation; Expenses. The city commission shall appoint a city compensation board to recommend to the city commission the annual salaries of the mayor and commissioners. The compensation board shall include: two commissioners; the city’s financial director; and four Bozeman residents who are registered voters and have their primary residence in the city. The two commissioners and financial director shall serve as non- voting, ex-officio members. Meetings of the compensation board shall be open to the public and publicly noticed. The compensation board recommends compensation for commissioners and the mayor to the city commission, taking into consideration the duties and obligations of the commission. The city commission shall adopt salaries for the mayor and commissioners by ordinance prior to the filing period for the next municipal election. No ordinance to increase such salary shall become effective until the date of commencement of the terms of commission members elected at the next municipal election. The mayor and commission members shall receive reimbursement for 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 city 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 Section 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 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 permanently incapacitated, dies, resigns from office, or is 25 removed from office, the vice mayor shall succeed as mayor until the next municipal election; and the commission vacancy created therein shall be filled pursuant to this section. A new vice mayor shall be appointed as provided for in §2.03(c). b) Forfeiture of Office. The mayor or a commissioner shall forfeit that office if the mayor or commissioner: 1) Fails to meet or maintain the eligibility requirements, 2) Violates any provisions expressly prohibited in this charter, 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 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 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). 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 electronically and 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. 26 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, 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. Acts other than those referred to in the preceding list 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. This 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 resolution of removal. The city manager shall continue to receive full salary until the effective date of the final resolution of removal. 27 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. 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 the 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 at 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; 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. 28 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 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 assigned to any other unless this charter specifically so provides. 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 the 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. 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 shall: 29 1) Designate an agency or agencies to carry out the planning function and such decision‑making responsibilities as may be required by law; 2) Adopt a land use plan and determine to what extent zoning and other land use regulations must be consistent with the plan; 3) Determine to what extent the land use plan and zoning and other land use regulations must be consistent with regional plan(s); and 4) Adopt development regulations to implement the land use plan. The designated agency, the city manager, and the mayor and commission shall seek to act in cooperation with other jurisdictions and organizations 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 message 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 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 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. 30 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 addressed. 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. 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 the following and be revised and extended each year regarding capital improvements still pending or in process of construction or acquisition.: 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; 31 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. Section 6.08. City Commission Action on Capital Program. 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 conducted 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; however, the city commission may waive this requirement by a unanimous vote at a public meeting. ARTICLE VII ELECTIONS Section 7.01. 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. Section 7.02. City Elections Schedule. 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. 32 Section 7.03. Method of Electing Commission Members. a) Commission members shall be elected at-large. Sub-option 3: Method of Electing Commission Members if the ward system is approved. If voters choose Selection 2 of Sub-Option 2 (§2.02(d)) to elect commissioners by wards, the Study Commission presents this additional question allowing voters to determine the method of who elects each ward’s commissioner. Voters will choose whether commissioners elected by ward are elected only by voters residing within the ward the commissioner represents, or at-large by all voters of the city. If voters choose Selection 1 of Sub-Option 2 (§2.02(d)) to continue electing commissioners at-large with no wards, this sub-option shall have no effect. This sub-option will only take effect if the amended charter is approved by the voters, and if voters choose to elect commissioners by wards. If voters choose to elect commissioners by wards, 7.03 (a) above will be deleted from the charter. If voters choose to elect commissioners by wards, the selection below that receives the most votes shall be included in this charter and the selection not chosen will be deleted. If voters do not choose to establish wards as provided for in Sub-Option 2 (§2.02(d) above), Section 7.04 will also be deleted from the Charter. SELECTION 1: a) Commission members must reside within the ward which that office of commissioner represents and shall be elected at-large. OR SELECTION 2: a) Commission members must reside within the ward which that office of city commissioner represents and shall be elected only by the voters whose voter registration address is within the ward. Section 7.04. Wards; Adjustments of Wards. a) Number of Wards: There shall be [four or six] city commission wards. b) Ward Advisory Board: The city commission shall establish a ward advisory board consisting of five members to recommend ward boundaries. The ward advisory board shall choose a chairperson from among its members. No member of the ward advisory board shall be employed by the city or hold any other elected or appointed position in the city. The ward advisory board must be appointed by the city commission and must divide the city into [four or six] wards (i) following adoption of this Charter; (ii) after each decennial census; or (iii) if the city determines that the population disparity between wards exceeds ten percent (10%). 33 c) Criteria for Establishing/Adjusting Ward Boundaries: The population of city residents within a ward must be as equal as practicable, with no deviation exceeding ten (10%) percent of the average population for all city commission wards. Each ward shall be compact, contiguous, use natural/physical geographic boundaries, and respect precinct, neighborhood, and census boundaries where possible. A ward may not be established or modified in a way that affects the term of office of any city commissioner who has been elected. Ward boundaries may not be changed between the date that is six months prior to a city commissioner’s primary election and the date of the corresponding general election. d) Timeline and Process: The board shall conduct its work in an open, transparent manner, with all meetings open to the public, and shall hold a minimum of two (2) public hearings before finalizing any ward map. Ward boundaries shall be reviewed within twelve (12) months following the publication of each decennial federal census thereafter or sooner if the population disparity between wards is found to exceed ten percent (10%). Upon adoption of the boundaries by ordinance, the ward boundaries shall become legally effective for the next scheduled municipal election. The ward advisory board’s term shall end upon adoption of the ward boundaries by ordinance of the city commission. 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. The city shall ensure engagement meets the goals and principles of this section. Engagement may include a variety of formats such as face-to-face meetings, virtual interactions, and online communication. Public engagement in the creation or amendment of public policy ensures two-way communication between the city and the community. The city encourages 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. Neighborhood associations, the Inter-Neighborhood Council and city boards are essential partners in municipal decision-making. The city shall adapt existing governmental structures and establish new governmental structures to oversee, support, coordinate, track, and measure public engagement. Section 8.03. Principles of Public Engagement. To ensure public engagement centers on the needs and goals of community members, and in accordance with state law, the city upholds the following principles: 1) Public Participation. Engagement provides opportunities for residents to participate in matters of significant public interest. 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. 34 2) Transparency. Effective, transparent communication ensures community members can engage in major decisions regarding public policy, and that the city shares results and explains how public input affects decisions. 3) Accountability. The city shall provide opportunities for public input regarding major decisions. The city shall explain the purpose, scope, and how input will be considered. 4) Collaboration. Collaboration and communication between residents and city officials support informed public participation and effective local governance. Section 8.04. Neighborhood Associations. a) Purpose. Neighborhoods make valuable contributions to the governance of the city. The city seeks to strengthen neighborhood participation where it exists and encourage participation city- wide. The city should support neighborhood associations to promote two-way communication, encourage public involvement in planning and policy development, strengthen neighborhood leadership, and enhance transparency and trust. Neighborhood associations speak to the needs of their neighborhoods and 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 between 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 shall be open to all residents, property owners, business owners, and nonpartisan organizations located within a neighborhood association’s boundary; 3) A majority of a neighborhood’s leadership, as defined by the neighborhood association’s bylaws, shall be residents of the neighborhood and only residents of the neighborhood may serve as the neighborhood association’s Inter- Neighborhood Council representative; 4) Adherence to established by-laws to ensure democratic voting procedures, continuity of governance, and the ability for a neighborhood association’s selected representative to vote as a member of the Inter-Neighborhood Council; 5) A copy of the neighborhood association’s by-laws and all amendments shall be filed with the city; 6) Periodic meetings, including an annual meeting; 7) Demonstrating it has a means of regular, accessible, and two-way communication with all residents in the neighborhood; 8) Capacity to develop and transmit advisory input on neighborhood and citywide issues to the Inter-Neighborhood Council. 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. 35 c) City Liaison. The City shall designate a full-time, fully dedicated 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 to be composed of representatives selected by each recognized neighborhood association. 1) Purpose and Role. The Inter-Neighborhood Council shall provide a forum for neighborhood associations to gather, deliberate, share information, and develop recommendations to the city commission and city manager on neighborhood and city-wide issues; 2) Representatives to the Inter-Neighborhood Council selected by their Neighborhood Association are not bound by, but should consider, the City and State Code of Ethics in the performance of their obligations; 3) 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; 4) A vacancy for the Inter-Neighborhood Council shall be filled by appointment from the affected neighborhood association; 5) The city shall appoint a city commissioner as a non-voting liaison to the Inter- Neighborhood Council; 6) The Inter-Neighborhood Council shall meet on a regular basis to foster dialogue between neighborhoods, the city commission and city manager; 7) The City shall consult the Inter-Neighborhood Council during the formative stages of citywide planning efforts, policy initiatives, and budget discussions that affect neighborhood associations; 8) The city commission and 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 divergence; 9) The staff liaison shall work with the Inter-Neighborhood Council to expand the neighborhood program city-wide and develop boundaries to include more 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. City boards serve as valuable platforms for early public engagement on issues and decisions. Opportunities for resident engagement on city boards strengthens decision-making and public trust. Unless otherwise required by law, city boards provide advice and recommendations to the city commission; encourage public participation in civic affairs; and assist in public education. 36 b) Powers. Unless otherwise required by law, city boards are advisory only. They have no administrative authority unless specifically required by law, or interlocal agreement. 1) City boards shall be established, which shall specify the purpose of each board and the number, desired skills and necessary experience of its members. Each board, in collaboration with city staff and its commission liaison, shall establish annual priorities and public engagement processes. 2) Recommendations to the city commission shall reflect the majority position of the city board. When appropriate, minority perspectives may be submitted. c) Appointments, Compensation, Terms and Qualifications. 1) Except as otherwise required by law or authorized by this charter, city boards will be established by the city commission, and members will be appointed by the commission or by the mayor, following public solicitation advertised at least twice annually or when a vacancy arises. 2) To ensure city boards represent the community, the city shall encourage participation from residents with relevant expertise, knowledge, experience and perspectives. 3) Subcommittees of city boards, commissions, or committees may be appointed by the city commission without the necessity of public solicitation. 4) The city commission may authorize the city manager to establish special ad hoc commissions for specific purposes without public advertisement. 5) Except where prohibited by law, the terms on all boards shall be staggered. 6) 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 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, the Inter- 37 Neighborhood Council, 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. 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 for 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 Section 7.01 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. Section 10.02. Election of Amendment. 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 Section 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. 38 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 Section 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. 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. §2.03(b) shall be effective for the 2029 city election, with the term of the elected mayor beginning with the first commission meeting in January 2030. b) Vice Mayor Selection. §2.03(c) shall take effect at the first commission meeting in January 2028 with said vice mayor serving until the beginning of the first commission meeting in January 2030. c) Sub-Options. 1) If the voters determine to increase the number of commission members as provided for in Sub-Option 1, the election of the two new commissioner positions shall be as follows: one commissioner shall be elected during the 2029 general election to a term of four (4) years and one commissioner shall be elected during the 2029 general election to a term of two (2) years. 39 The two-year term position shall be elected as a four-year term beginning in 2031 and continuing every four years thereafter. 2) If voters determine to have commissioners represent residents by wards as provided for in Sub-Option 2, the city commission must establish wards as described in Section 7.04 so that elections occurring at the 2029 general election are based on wards. (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 charter and proposed plan of government approved by the City of Bozeman Local Government Study Commission. In testimony whereof, we set our hands. Done at Bozeman, Montana this 6th day of August, 2026. Respectfully submitted, City of Bozeman Local Government Study Commission Carson Taylor, Chair Becky Franks, Vice Chair Deanna Campbell Barb Cestero Jan Strout __________________________________________ Attest, City Clerk Mike Maas 40 Exhibit C: Certificate Establishing the Date of the Election The amended charter and sub-options proposed by the City of Bozeman Local Government Study Commission shall be submitted to the voters of Bozeman at a special election to be held in conjunction with the general election on November 3, 2026. We, the study commissioners of the City of Bozeman, do hereby certify that this is the date of the special election approved by the City of Bozeman Local Government Study Commission. In testimony whereof, we set our hands. Done at Bozeman, Montana this 6th day of August 2026. Respectfully submitted, City of Bozeman Local Government Study Commission. Carson Taylor, Chair Becky Franks, Vice Chair Deanna Campbell Barb Cestero Jan Strout __________________________________________ Attest, City Clerk Mike Maas 41 Exhibit D: Certificate Establishing the Official Ballot PLEASE VOTE ON ALL ISSUES PROPOSED AMENDMENTS TO THE EXISTING CHARTER FORM OF GOVERNMENT Vote for one: FOR the existing charter established in 2006. FOR adoption of the amended charter proposed for the City of Bozeman by the City of Bozeman Local Government Study Commission in 2026. PROPOSED SUBOPTIONS IN THE AMENDED CHARTER In addition to voting on the amended charter, voters will decide on three separate sub-options. These will only apply if the amended charter passes by an affirmative vote. REVISED PLAN OF LOCAL GOVERNMENT CITY OF BOZEMAN SUB-OPTION 1 Sub-Option 1: Vote for one: Sub-option to be included in the amended charter, if it is adopted. Size of the commission: FOR Existing System: The commission shall be composed of four (4) members and the mayor. FOR Expanded System: The commission shall be composed of six (6) members and the mayor. REVISED PLAN OF LOCAL GOVERNMENT CITY OF BOZEMAN SUB-OPTION 2 Sub-Option 2: Vote for one: Sub-option to be included in the amended charter of government, if it is adopted. Residency requirements of commissioners: FOR Existing System: Commissioners Elected At-Large. City commissioners may live anywhere in the City of Bozeman. FOR Commissioners Elected by Wards. City commissioners are required to reside within the ward which they represent. REVISED PLAN OF LOCAL GOVERNMENT CITY OF BOZEMAN SUB-OPTION 3 Sub-Option 3: Vote for one: Sub-option to be included in the amended charter of government, if it is adopted. Method of electing city commissioners if the ward system is approved: FOR Elected By all Voters: Each commissioner is elected by all voters in the city. FOR Elected by Voters Residing Within the Ward: Only voters whose voter registration address is within the specific ward may vote for that ward’s commissioner. 42 We hereby certify that the foregoing is the official ballot approved by the City of Bozeman Local Government Study Commission. In testimony whereof, we set our hands. Done at Bozeman, Montana this 6th day of August 2026. Respectfully submitted, City of Bozeman Local Government Study Commission. Carson Taylor, Chair Becky Franks, Vice Chair Deanna Campbell Barb Cestero Jan Strout __________________________________________ Attest, City Clerk Mike Maas 43 Exhibit E: Certificate Establishing the Effective Date of the Amended Charter and Sub-Options Should They be Approved by the Voters If the amended charter and sub-options proposed by the City of Bozeman Local Government Study Commission are approved by the voters on November 3, 2026, the amended charter and approved sub-options shall become effective on July 1, 2027, and implementation will follow as written in Article XI. We, the Study Commissioners of the City of Bozeman, do hereby certify that this is the effective date of the amended charter should it be approved by the voters. In testimony whereof, we set our hands. Done at Bozeman, Montana this 6th day of August 2026. Respectfully submitted, City of Bozeman Local Government Study Commission. Carson Taylor, Chair Becky Franks, Vice Chair Deanna Campbell Barb Cestero Jan Strout __________________________________________ Attest, City Clerk Mike Maas 44 Exhibit F: Recommendations from the Study Commission to the City Commissioners and Staff In addition to an amended charter, the Bozeman Study Commission has developed recommendations for the city commissioners and staff to consider. These were developed through exploration with resident surveys, best practices and public engagement. The City of Bozeman is encouraged to adopt and implement these recommendations but are not required to do so. 1) The city commission should adopt a standard process and criteria for appointments to fill a commission vacancy, including the new timeline in the amended charter. This will increase transparency and consistency in decision making when appointments are made and reduce the perception that a commission appoints people who are allies or friends. 2) By resolution, the City of Bozeman should develop a document describing the roles, responsibilities, obligations and expectations for the mayor and commissioner positions and should review it every 5 years. This will ensure that candidates, residents and commissioners understand the commitment and duties of the elected office that is sought. 3) Communication pathways between city commissioners and city staff need to be clearly understood. In the process of hiring a city manager, the commission should discuss with the candidates the resolutions related to the norms of how the commissioners communicate with city employees. 4) City Resolution 5323 was mentioned in public comments regarding city boards. Because it is a resolution of the city commission, the study commission cannot revise this resolution. However, it is recommended that the resolution be reviewed and revised to address the following issues: a) The perception that the resolution weakens the effectiveness of city boards by placing excessive limits on how boards communicate with city officials. In addition, the “One Body, One Voice” principal places restraints on the flow of information from city board members to the city commission, including the sharing of dissenting opinions. b) Develop ways to improve better collaboration and communication between city staff and city boards where members encourage a respectful, free flow of ideas and information. c) Add language stating that every 3-5 years the city will review the membership of city boards so that the membership has the expertise, knowledge, and experience that is necessary and reflects the community. d) Improve ways to enable boards to be high achieving by managing their goals, workplans, and functions with greater autonomy with the trust and guidance of staff. 5) The city should create a budgetary line-item with sufficient resources to support the activities and meetings of neighborhood associations and the Inter-Neighborhood Council (INC). 6) The city should work collaboratively with INC to increase participation in neighborhood associations so that by 2036 a substantial portion of city residents are included geographically 45 in a neighborhood association. This should include a review of the existing ordinances establishing INC and the neighborhood associations. The review should also consider ways to ensure that members of an Home Owners Association can be included within a larger neighborhood association. 7) The Inter-Neighborhood Council and neighborhood associations should work with the City's Department of Community Engagement to explore and develop a Neighborhood Impact Statement process and forms (NIS). This option can be used to enhance communication of specific proposals initiated by the individual neighborhood association and/or INC for the city commission. It is recommended to reference the model of the Los Angeles City Department of Community Empowerment's Your Community Impact Statement. 8) At least once per year, the city should hold a town hall meeting with the community as another less formal mechanism of public engagement that will help city officials understand residents’ issues and concerns. We, the Study Commissioners of the City of Bozeman, do hereby certify that these are the recommendations approved by the City of Bozeman Local Government Study Commission. In testimony whereof, we set our hands. Done at Bozeman, Montana this 6th day of August 2026. Respectfully submitted, City of Bozeman Local Government Study Commission. Carson Taylor, Chair Becky Franks, Vice Chair Deanna Campbell Barb Cestero Jan Strout __________________________________________ Attest, City Clerk Mike Maas 46 Memorandum REPORT TO:Study Commission SUBJECT:Presentation on Education and Advocacy MEETING DATE:August 6, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:City Attorney and Study Commission Legal Advisor Greg Sullivan will present to the Study Commissioners on the differences between Education and Advocacy when the Study Commissioners carry out the next part of their process: educating the public on the final result of the Study Commission. 47 Memorandum REPORT TO:Study Commission SUBJECT:Education Plan MEETING DATE:August 6, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Study Commissioners will discuss further the upcoming Education Plan in tandem with Danegeld, their hired Ballot Education Specialists. Study Commissioners will come with their calendars and any additional outreach ideas. 48 Memorandum REPORT TO:Study Commission SUBJECT:Signing the Study Commission Final Report MEETING DATE:August 6, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:The Study Commissioners will sign the Final Report crafted by their body. 49