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
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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
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