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HomeMy WebLinkAboutResolution 3441 Transition Plan for change of form of government COMMISSION RESOLUTION NO. 3441 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR TRANSITION FROM THE MUNICIPAL COMMISSION-MANAGER FORM OF GOVERNMENT TO THE COMMISSION-MANAGER FORM OF GOVERNMENT, PURSUANT TO THE GENERAL ELECTION HELD ON NOVEMBER 7, 2000. WHEREAS. the City Commission did. on the 21 st day of August 2000. adopt Ordinance No. 1524. placing the issue of amending the form of government from the Municipal Commission- Manager form of government with general government powers to the Commission-Manager form of government with self-government powers on the general election ballot; and WHEREAS. the City Commission did. on the 16th day of October 2000. adopt Commission Resolution No. 3406. adopting the certificate establishing the plan of government for Bozeman. Montana; and WHEREAS. at the general election held on November 7.2000. a majority of the voting electors of the City of Bozeman voted to approve the amendment to the form of government; and WHEREAS. the City Commission desired an orderly transition from the Municipal Commission-Manager form of government with general government powers to the Commission- Manager form of government with self-government powers with minimal fiscal impact. passed Commission Resolution No. 3418; and WHEREAS. Commission Resolution No. 3418 provided that existing elected officials shall continue in their office until the end of the term for which they were elected and that pursuant to M.C.A. ~7-3-156(3). the Commission-Manager form of government with self-government powers would become effective July 1. 2001; and WHEREAS. M.C.A. ~7-3-517 provides for the preparation of a transition plan for orderly transition to the new form of local government; and WHEREAS. the City Commission desires to bring about an orderly transition from the Municipal Commission-Manager form of government to the Commission-Manager form of government. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman. Montana that: Section 1 Department OrQanization and Personnel All departments will continue to be organized in their current organization and all employees will continue to hold their positions or offices and continue to perform their respective offices and positions, except as provided in Section 2 below. Section 2 Department of Public Safety The Department of Public Safety shall be organized in the manner determined by the City Manager. The existing divisions of Police and Fire shall be reorganized under the Director of Public Safety as reconfigured by the City Manager. Whenever reference is made to the Chief of Police or Fire Chief, the reference shall now refer to the Director of Public Safety. The Director of Public Safety shall be responsible for carrying out all of the duties, services and functions of the Chief of Police or Fire Chief. The Director of Public Safety has the authority to delegate these duties, services and functions as may be determined necessary by the Director of Public Safety . Section 3 Ordinances and Resolutions Pursuant to M.C.A. ~7-3-159, all Ordinances and Resolutions in effect at the time the Commission-Manager form of government becomes effective continue in effect until repealed or amended in the manner provided by law. Whenever reference is made to Chapter 152 of the Fifteenth Legislative Act. the reference shall now refer to Title 7, Chapter 3, Part 3 of the Montana Code Annotated, as amended. Section 4 City Manaaer Administrative Orders and Departmental Rules and ReQulations All City Manager Administrative Orders and all Department Rules and Regulations in effect at the time the Commission-Manager form of government becomes effective continue in effect until repealed or amended. Section 5 Bonds. Debts. Contracts. Suits The validity of all public and private bonds, debts, and contracts and all suits, actions, and rights of action shall continue as if no change had taken place, except whenever a contract or interlocal agreement refers to the Chief of Police or the Fire Chief, the reference shall be changed - 2 - ------- to Director of Public Safety. The Director of Public Safety shall be responsible for carrying out the duty, service or function. Section 6 General Transition The rights and duties of all Boards, agencies and committees of the City shall remain as if the new form of government had not been adopted with the exception to such changes provided herein, or subsequently changed by Ordinance or Resolution. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the14th day of May 2001. MARCIA B. YOUNGMAN, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: PAUL J. LUWE City Attorney - 3 - ----