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HomeMy WebLinkAboutStudy Commission Time Table & Transition Rules TIME TABLE & TRANSITION RULES Putting aside the issue of whether we can run this thing in June 2006 or November 2005 (August deadline for the November ballot is Thursday, August 25th), the rules for completing our work are as follows: Final Report Adopted (7-3-187, p. 33 of manual) 1. Must be published and distributed within 60 days of Adoption 2. Must provide for a date to vote on the new charter at a special election held in conjunction with a primary or general election. 3. Must provide the dates of primary and general election for any new officers required by the charter. 4. Must provide an effective date for new charter. Supplementary Report (7-3-189, p. 35) 1. Study commission may prepare separate reports in addition to its final report. 2. Such reports shall be submitted to the appropriate governing body(ies) for reaction within one year of submission. 3. If charter approved, we have 90 days after election to complete supplementary report. If charter not approved, then we're legally done -- so we'd probably need to get supplementary issues in hand in the 75 days before the election. Term of Office (7-3-178, p. 29) Term ends 90 days after vote if charter approved. If charter voted down, term ends on day of vote. If nothing put forward to vote, term ends 30 days after final report submitted. Transition Rules (7-3-193, p. 36, see also below) 1. The study commission shall prepare an advisory plan for the orderly transition to the new government plan. I suggest we include that in the Final Report and transition rules in the charter. (See point 5, below) 2. The Bozeman City Commission must, within 20 days after the date the voters approved the plan, provide for the election of any new officers required by the charter. Said election can be held in conjunction with a pending primary or general election. (7-3- 160) That means that there can be a special commission election in June, 2006, or in November, 2006, for any additional commissioners required. Nothing in the statute bars the commission from appointing interim commissioners pending he election pursuant to the charter. We could provide they go either way. 3. The new government takes effect upon the election of the new officers. Charter can provide a different effective date. (7-3-156, below) That means we can have the charter go into effect with the new commission in January. We'd probably have to craft transition rules that would be workable for them to bring certain charter provisions on line if we decided to do that. (For example: we could just have a general rule to give them 2 years to conform ordinances and agencies and to establish any newly required bodies; or we could have more specific rules for certain items) 4. Study commission plan can provide for holdovers -- i.e., if we increase the commission and provide for a directly elected mayor we can provide in our plan that current commissioners (and mayor) retain their posts. (7-3-193(c); Attorney General Opinion 41 A.G. Op.44, see p. 36 of manual) 5. There's no clarity in the phrase "advisory plan", especially when you consider the fact that the statute mentions putting in the charter voted on by the people the effective date for the new government and continuing in office current office holders. So the most important transition rules need to be in the Charter, not crafted in the 90 days after the charter vote. 7-3-152.Effect of adoption of new form of government.The adoption of a new plan of government does not affect the validity of any bond,debt,contract,obligation,or cause of action accrued or established under the prior form of government. History:En.Sec. 17,Ch.675,L. 1979. 7-3-153.Filing of approved plan.(1)A copy of the existing or proposed plan of government ratified by the voters and any apportionment plan or consolidation or merger plan must be certified by the presiding officer of the governing body and filed with the department of administration,the county records administrator,and the municipal records administrator if it is a municipal plan. (2)The approved plan filed with the department of administration is the official plan and is a public record open to inspection by the public and judicially noticeable by all courts. History:En.Sec. 18,Ch.675,L. 1979;amd. Sec. 7,Ch.274,L. I981;amd.Sec. 1,Ch.287,L. 1983; amd. Sec. 27,Ch,483,L.2001. 7-3-154.Judicial review.Judicial review to determine the validity of the procedures whereby any charter or alternative plan of government is adopted may be initiated by petition in district court of 10 or more registered voters of the local government brought within 60 days after the election at which the charter or plan of government,revision,or amendment is approved.If no petition is filed within that period, compliance with all the procedures required by 7-3-121 through 7-3-161and the validity of the manner in which the charter or plan of government was approved is conclusively presumed.It is presumed that proper procedure was followed and all procedural requirements were met.The adoption of a charter or plan of government may not be considered invalid because of any procedural error or omission unless it is shown that the error or omission materially and substantially affected its adoption. History:En.Sec. 19,Ch.675,L. 1979. 7-3-155.Three-year moratorium.(1)Unless the constitution requires otherwise,the electors of any unit of local government which has voted upon the question of changing the form of local government,charter,or consolidation plan or upon the question of amending the alternative form,charter,or consolidation plan may not vote on the question of changing or amending the form of local government for 3 years. (2)For the purposes of this section,general election dates are considered to be 1 year apart and may be used in computing the 3-year moratorium.No election on the question of changing an alternative form of a unit of local government may be challenged as failing to conform with the moratorium provisions of this section because 3 full calendar years may not have elapsed. History:En.Sec.20,Ch.675,L. 1979;amd. Sec. 1,Ch.404,L. 1983. 7-3-156.Effective date of alternative plan or amendment.(1)An alternative plan of local government approved by the electors takes effect when the new officers take office,except as otherwise provided in any charter or consolidation plan.A consolidation or merger plan adopted by the electors takes effect in the same manner. (2)Provisions creating offices and establishing qualifications for office under any apportionment plan become effective immediately for the purpose of electing officials. (3)An amendment to an existing plan of government becomes effective at the beginning of the local government's fiscal year commencing after the election results are officially declared. History:En.Sec.21,Ch.675,L. 1979. 7-3-157.General transition provisions.(1)The governing body shall prepare an advisory plan for orderly transition to a new plan of local government.The transition plan may propose necessary ordinances,plans for consolidation of services and functions,and a plan for reorganizing boards,departments,and agencies. (2)The governing body of a local government may enact and enforce ordinances to bring about an orderly transition to the new plan of government,including transfer of powers,records,documents,properties, assets,funds,liabilities,or personnel.These ordinances are to be consistent with the approved plan and necessary or convenient to place it into full effect.Whenever a question arises concerning transition which is not provided for,the governing body may provide for the transition by ordinance,rule,or resolution not inconsistent with law. History: En.Sec.22,Ch.675,L. 1979. 7-3-158.Transition provisions affecting personnel.(1)The members of the governing body holding office on the date the new plan of government is adopted by the electors of the local government continue in office and in the performance of their duties until the governing body authorized by the plan has been elected and qualified,whereupon the prior governing body is abolished. (2)All other employees holding offices or positions,whether elective or appointive,under the government of the county or municipality continue in the performance of the duties of their respective offices and positions until provisions are made for the performance or discontinuance of the duties or the discontinuance of the offices or positions. (3)A charter or a petition proposing an alteration to an existing form of local government mayprovide that existing elected officers shall continue in office until the end of the term for which they were elected or may provide that existing elected officers shall be retained as local government employees until the end of the term for which they were elected,and their salaries may not be reduced. History:En. Sec.23,Ch. 675,L. 1979;amd. Sec.23,Ch.575,L. 1981. 7-3-159.Treatment of existing ordinances and resolutions.(1)All ordinances and resolutions in effect at the time the new form of government becomes effective continue in effect until repealed or amended in the manner provided by law. (2)Within 2 years after ratification of a consolidation plan,the governing body of the consolidated local government shall revise,repeal,or reaffirm all rules,ordinances,and resolutions in force within the participating county and municipalities at the time of consolidation.Each rule,ordinance,or resolution in force at the time of consolidation remains in force within the former geographic jurisdiction until superseded by action of the new governing body.Ordinances and resolutions relating to public improvements to be paid for in whole or in part by special assessments may not be repealed. History:En.Sec.24,Ch.675,L. 1979. 7-3-160.Election of new officials.(1)Within 20 days after an election at which the new plan of government is approved by the electors,the governing body of the local government shall meet and order a special primary and general election for the purpose of electing the officials required by the new form of government.The elections for officials may be held in conjunction with any other election. (2)The order shall specify: (a)a date for the primary election to be held no later than the next regularly scheduled city or county primary election;and (b)a date for the general election to be held no later than the next regularly scheduled city or county general election following the primary election date established under subsection(2)(a). History:En.Sec.25,Ch.675,L. 1979;amd. Sec.5,Ch.250,L. 1985;amd. Sec. 1,Ch.8,Sp.L.March 1986. 7-3-161.Organization of new governing body.(1)The first meeting of a new governing body for a new plan of government shall be held at 10 a.m.,60 days after the election of the new officers.At that time, newly elected members shall take the oath of office prior to assuming the duties of office. (2)If the terms of the commissioners are to be overlapping,they shall draw lots to establish their respective terms of office. History:En. Sec.26,Ch. 675,L. 1979. 7-3-193.Application of other sections.(1)Except as provided in subsection(2),7-3-122 and 7-3-152 through 7-3-161 apply to the adoption of an alternative plan of government upon recommendation by a study commission. (2)(a)The chairman of the study commission and not the chairman of the governing body shall certify documents under 7-3-153. (b)The study commission and not the governing body shall prepare an advisory plan for orderly transition to a new plan of local government under 7-3-157. (c)A study commission plan may provide for existing elected officers under 7-3-I58(3). History:En. Sec.25,Ch.697,L. 1983.