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TABLE OF CONTENTS
I. LETTER TO THE CITIZENS OF THE CITY OF BOZEMAN . . . . . . . 1-1
11. REPORT SUMMARY
A. Findings of the Study Commission . . . . . . . . . . . . . . . . . . . . . . . . II-1
B. Key Provisions of the Proposed Form . . . . . . . . . . . . . . . . . . . . . II-2
Ill. COMPARISON OF EXISTING AND PROPOSED FORMS OF
CITY GOVERNMENT
A. Existing Form i� - Description of General Characteristics . . . . . . . 111-1
B. Proposed Form - Description of General Characteristics . . . . . . III-1
C. Comparison of Specific Characteristics . . . . . . . . . . . . . . . . . . . 111-1
D. Recommendations and Reasons . . . . . . . . . . . . . . . . . . . . . . . 111-4
IV. APPENDIX
Exhibit A: Certificate of the Existing Form of Government . . . . . . . . . . . IV-1
Exhibit B: Certificate of the Proposed Form of Government (Charter) . . IV-4
Exhibit C: Certificate Establishing the Date of the Special Election . . . . IV-1 8
Exhibit D: Certificate Establishing the Official Ballot . . . . . . . . . . . . . . . IV-19
Exhibit E: Certificate Establishing the Effective Date of the Charter . . . IV-21
Exhibit F: Commentary on Proposed Form of Government (Charter) . . IV-22
- i -
I. LETTER TO THE CITIZENS OF THE CITY OF BOZEMAN
To the Citizens of the City of Bozeman:
The City of Bozeman Local Government Study Commission, elected by the voters on
November 2, 2004, or thereafter appointed, presents this report to you, the citizens of Bozeman.
The purpose of the study commission, as defined by Montana law, is "to study the existing
form and powers of a local government and procedures for delivery of local government services and
to compare them with other forms available under laws of the state." After completing these two
phases of the study, it is the responsibility of the study commission to submit a report recommending
no change, propose an amendment to the existing form of government, or offer an alternative form
of government to the qualified electors.
In every review phase, this study commission sought advice and information from as many
Bozeman c_:iti7ens as possible. Our recommendations reflect the thoughts and opinions of the citizens
who participated in this study process.
This report presents our recommendations for an alternative form of government that will
provide the present and future governmental services expected by the public, be more responsive to
local citizens, and provide more opportunity for devising solutions to local problems. We feel the
citizens of Bozeman can achieve these goals by adopting this charter, which retains the present
commission-manager structure with self-governing powers, with some alterations.
The question of adopting this alternative form of government will be placed on the ballot for
the November 7, 2006, election.
We solicit your support for its adoption.
Respectfully submitted,
City of Bozeman Local Government Study Commission
LOREN D. OLSEN, C it
IAN F. ✓LOSE
As7
HAROLD A. FRYSLIE
WILLIAM G. HAYWARD, JR.
MARILOU TURRENTINE
1-1
III. REPORT SUMMARY
The City of Bozeman Study Commission, having thoroughly studied our present form of
government and the alternative forms of government available to cities under state law, and having
studied the future governmental needs of the City of Bozeman, recommends the following:
The City of Bozeman should adopt,effective July 1,2007,the charter form of the commission-
manager plan of government.
A. Findings of the Study Commission
After a thorough study of the present form of government of the City of Bozeman, it is the
decision of the study commission to recommend a change in the form of government to a charter form
with the city manager plan of government and with self-governing powers for the following reasons:
Finding #1: The city is currently functioning under Title 7, Chapter 3, Part 3 of the
Montana Code Annotated, without a charter. A charter will better delineate the
responsibilities and functioning of elected and appointed officials and departments of
the city. If the charter is approved, the city will be functioning under Title 7, Chapter 3,
Part 7 of the Montana Code Annotated.
Finding #2: The city has been well served by the commission-manager form of
government for over eighty-four years, since it provides for the day-to-day operations
of the city to be placed in the hands of a professional manager.
Finding#3:Access to government/transparency in government has been identified as
a key issue in ensuring trust and satisfaction with the local government. The city
strives to ensure that government is open; however,additional mechanisms have been
identified that require the cooperation of other entities. Examples include the posting
of city and county agendas and notices in a consistent location in the Bozeman Daily
Chronicle on a specific day and posting to the City's website.
City Commission meetings are now being televised by Bresnan Communications on
its Channel 20. Unfortunately, only one-half of the residents within Bozeman city limits
are served by that cable television provider and, thus, can watch the live broadcast if
they so desire.
Finding #4: Elections of the Mayor has been the topic of discussion for many years.
In the commission-manager form of government,the Mayor has no administrative role;
however, the position is high profile in the community, with that individual serving in a
ceremonial capacity, chairing the Commission meetings, and often serving as liaison
between the elected body and the City Manager.
At the present time, the Mayor is the Commissioner who received the highest number
of votes in the general election two years prior. The citizen survey did not reflect a
clear preference for the manner in which the Mayor is selected and, as a result, the
Study Commission has identified this as the issue to be the subject of the single sub-
option vote. Whether the Mayor continues to be the highest vote getter or is directly
elected, he/she will serve as the Deputy Mayor for the first two years of the term and
as Mayor for the second two years of the four-year term.
II-1
Finding #5: The City operates under the Municipal Budget Act, which provides an
outline and minimum requirements to be met in the annual budgeting process. The
need for additional structure has been identified and provided under Article V of the
charter. Additional requirements include: a multi-year capital improvement program
that is updated annually; and the establishment of a minimum general fund reserve
balance.
Finding#6: The City currently operates under the state and city codes of ethics. Both
of those documents lack adequate mechanisms for enforcement. State law allows for
municipalities to establish a board of ethics; to date the City of Bozeman has not done
so. Under this charter, a board of ethics is required and its procedures will be
determined by the Commission.
B. Key Provisions of the Proposal
The proposed charter has the following key provisions:
1. Commission-manager structure. The current municipal commission-
manager structure will be maintained with minimal adjustment. Under the charter, the
Commission will have input on the departmental structure.
2. Election of Mayor. The charter includes a sub-option for the voters to
decide. The options include retaining the current method, which is the highest vote
getter in the general election, or directly electing the Mayor. Under either method, the
Mayor will serve as Deputy Mayor for two years and as Mayor for two years.
3. Vote on Increased Representation. The charter provides that at the general
election in 2010, the City Commission shall place on the ballot the question of whether
two members should be added to the City Commission, bringing its membership to
seven. If approved, four Commissioners will be elected in 2011 and will be seated in
January 2012. This provision is in anticipation of the city's population reaching 40,000
by 2010 and that seven Commissioners may better represent the increased population.
4. Fiscal Accountability. The charter provides that there should be an annually
updated multi-year capital improvement program, and further provides that the City
Commission adopt a minimum general fund balance to ensure fiscal stability.
11-2
111. COMPARISON OF THE EXISTING AND PROPOSED PLANS
OF CITY GOVERNMENT FOR BOZEMAN, MONTANA
A. Existing Form
The City of Bozeman currently operates under the Municipal Commission-Manager form of
government with self-government powers under Title 7, Chapter 3, Part 3 of the Montana Code
Annotated, without a charter.
B. Proposed Form
The proposed form of government is the charter with the city manager plan and self-
government powers under Title 7, Chapter 3, Part 7 of the Montana Code Annotated. The charter has
been prepared in a manner that reflects the current form of government with some minor modifications
that the Study Commission feels enhance the operation of government and ensure that the City's
business is conducted in a professional manner that is open to the public.
C. Comparison of Specific Characteristics of the Existing and Proposed
Forms of Government
The chart on the following page compares characteristics of the existing form of city government
with the proposed charter form of city government.
III-1
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D. Recommendations and Reasons
Introduction
Pursuant to Section 7-3-185 of the Montana Code Annotated, in addition to the right of a Study
Commission to present a new form of government to the citizens of Bozeman,the Study Commission
also has the authority to make recommendations for changes in local government that do not require
enactment by charter.
In that spirit, the Study Commission conducted a review of Bozeman's existing government, met with
current and prior elected officials, and solicited public comment in focus groups, by survey, and
through public hearings. In addition, in 2005 the City Manager and City Commission sponsored a
survey of citizen opinion on the quality of services delivered by the various city departments. In
general, we found a high level of satisfaction with government services, with potential areas of
improvement, compared to national averages, identified in the 2005 city survey.
Below are the non-charter recommendations that the Study Commission believes should be acted
upon by the Bozeman City Commission.
1. Communication
Representative democracy works best when citizens are timely informed of pending
government action. Further, democracy is strengthened when citizens have effective means to
communicate their concerns to the city.
As part of the Study Commission's information gathering process, the Study Commission met
with a panel of randomly selected citizens to discuss this issue of communication. Based on that
discussion and additional research,the Study Commission has the following recommendation on how
communication may be improved between citizens and their city: establish a city task force on
communication and open government modeled on the effort of Portland,Oregon. Details of Portland's
effort can be found at: littp.f,/wv�jvv.poi-tiat`tdoitlit,.e.cor,°r/sl-iarcd/cfr /irr,ago.cf�ii?id= 57/
Related documents are available at: httpW\AnArw porf andonlioe com/oN/indr7,x,cfm?c=38802&
and include the CC adoption of Public Involvement Principles, Citizen Involvement Goals and
Objectives, etc.
Points that the task force might consider include:
• Hire a city Public Information Officer. Citizens need a single source for getting
information.
• Have frequent citizen panels on stated issues of concern. The virtue of the citizen
panel is that it calls upon average citizens who do not have a particular stake in an
issue. All too often discussions of city issues simply become debates between the
"pro"forces and"con"forces based on their self-interests. Citizen panels,as originated
in Australia, provide a means to bring diverse opinions on issues to the fore.
• Supplement cable broadcasting of city commission meeting with webcasts and
establish a webcast database.
III-4
• Use same day/page in Bozeman Daily Chronicle for City information and
advertisements. In addition, we encourage the Chronicle to consider establishing a
weekly "government" page listing all pending meetings of local government for easy
reference by citizens.
• Include monthly bulk mail flyers, possibly in water bills.
• Provide the earliest access to information for Commission meetings as possible,
including the posting of packets on web to the extent possible. Citizens should have
access to the same information that commissioners are reviewing or relying upon at
public hearings.
• Service surveys should be done at least every four years, shared with all
departments,the city commission,and citizens,and action plans formulated to improve
service where indicated.
• Maintain and update on a regular basis the city's website and make it more user
friendly and comprehensive.
2. Predictable Standards & Procedures for how City buys and sells real estate
We received comments from a broad spectrum of citizens that often an acquisition of a
property by the city seemed rushed. We note that this is inherent, in part, by the use of resolutions
by the city commission instead of ordinances for most real property acquisitions. Under the law,fewer
public hearings are required for a decision to be rendered via resolution as opposed to an ordinance.
We considered mandating in the charter that the city adopt an ordinance detailing criteria and
procedures for real property acquisitions. In light of the mandate in the charter for updating annually
the capital improvement plan, we believe the fiscal aspect of property acquisitions has been taken
care of. It is the opinion of this Study Commission that citizens and the city would be well served if
the city adopted an ordinance outlining the procedures and criteria for the city to acquire property as
well as raising the standards for public participation in said process.
3. Regular and frequent work sessions between City and County governments
It is in the county's and the city's interest to schedule joint work sessions on a regular basis.
4. Capital Projects supervision
Bozeman has significant capital projects in the works. The capacity of the city to monitor
contracts for capital improvements needs to be enhanced.
III-5
IV. APPENDIX
CERTIFICATES REQUIRED TO SUPPORT THE FINAL REPORT
Exhibit A: Certificate of the Existing Form of Government
Exhibit B: Certificate of the Proposed Form of Government (Charter)
Exhibit C: Certificate Establishing the Date of the Special Election
Exhibit D: Certificate Establishing the Official Ballot
Exhibit E: Certificate Establishing the Effective Date of the Charter
Exhibit F: Charter Commentary
EXHIBIT "A"
CERTIFICATE
ESTABLISHING THE EXISTING PLAN OF GOVERNMENT
FOR
BOZEMAN, MONTANA
If retained by the voters, the government of Bozeman, Montana shall be organized under the
following provisions of Section 7-3-114 MCA.
7-3-114. Statutory basis for municipal commission-manager government. (1) For the
purpose of determining the statutory basis of existing units of local government after May 2, 1977,
each unit of local government organized under the general statutes authorizing the municipal
commission-manager form of government shall be governed by the following sections:
(a) 7-3-301;
(b) 7-3-302(2);
(c) 7-3-303;
(d) 7-3-304;
(e) 7-3-305;
(f) 7-3-312(3);
(g) 7-3-313(1)
(h) 7-3-314(2);
(1) 7-3-315(3);
0) 7-3-316(2);
(k) 7-3-317(2);
(1) 7-3-318.
(2) This form has terms of 4 years for all elected officials. The size of the commission shall
be established by ordinance, but it may not exceed five members.
These sections establish the following form of government which shall be called a MUNICIPAL
COMMISSION-MANAGER FORM.
7-3-301. Commission-manager form. The commission-manager form (which may be called the
council-manager form) consists of an elected commission (which may be called the council) and a
manager appointed by the commission, who shall be the chief administrative officer of the local
government. The manager shall be responsible to the commission for the administration of all local
government affairs placed in his charge by law, ordinance, or resolution.
7-3-302(2). Nature of government. The plan of government submitted to the qualified electors shall
determine the powers of the local government unit by authorizing self-government powers.
7-3-303. Appointment of manager. The manager shall be appointed by the commission for an
indefinite term on the basis of merit only and removed only by a majority vote of the whole number
of the commission.
7-3-304. Duties of manager. The manager shall:
(1) enforce laws, ordinances, and resolutions;
(2) perform the duties required of him by law, ordinance, or resolution;
(3) administer the affairs of the local government;
(4) direct, supervise, and administer all departments, agencies, and offices of the local
government unit except as otherwise provided by law or ordinance;
(5) carry out policies established by the commission;
IV-1
(6) prepare the commission agenda;
(7) recommend measures to the commission;
(8) report to the commission on the affairs and financial condition of the local government;
(9) execute bonds, notes, contracts, and written obligations of the commission, subject to the
approval of the commission;
(10) report to the commission as the commission may require;
(11) attend commission meetings and may take part in the discussion, but he may not vote;
(12) prepare and present the budget, to the commission for its approval and execute the
budget adopted by the commission;
(13)appoint,suspend, and remove all employees of the local government except as otherwise
provided by law or ordinance;
(14) appoint members of temporary advisory committees established by the manager.
7-3-305. Employees of commission-manager government.
(1) Employees appointed by the manager and his subordinates shall be administratively
responsible to the manager.
(2) Neither the commission nor any of its members may dictate the appointment or removal
of any employee whom the manager or any of his subordinates are empowered to appoint.
(3) Except for the purpose of inquiry or investigation under this title, the commission or its
members shall deal with the local government employees who are subject to the direction and
supervision of the manager solely through the manager, and neither the commission nor its members
may give orders to any such employee, either publicly or privately.
7-3-312 (3). Appointment to boards. All members of boards, other than temporary advisory
committees established by the manager, shall be appointed by the commission.
7-3-313 (1). Selection of commission members. The commission shall be elected at large.
7-3-314 (2). Type of election. Local government elections shall be conducted on a nonpartisan
basis.
7-3-315 (3). Chairman of commission. The chairman of the commission shall be selected as
provided by ordinance.
7-3-316 (2). Terms of commission members. Commission members shall be elected for
overlapping terms of office.
7-3-317 (2). Size of commission and community councils. The size of the commission shall be
five (5), and community councils to advise commissioners may be authorized by ordinance.
7-3-318. Terms of elected officials. The term of office of elected officials shall be four (4) years.
We, the Study Commissioners of the City of Bozeman,
do hereby certify that this is the existing plan of
government as established by Section 7-3-114, M.C.A.,
as amended by the voters of Bozeman in 2000.
In testimony whereof, we set our hands.
IV-2
Done at Bozeman, Montana this 8th day of August
200&
Respectfully submitted,
City of B zeman Local Government Study Commission
LOREN D. OLSEN,Ohair
/ZBR I AN . C OSE
A
AROLD A. FRYSLIE
It
"WILLIAGk. HARD, JR.
MART OU TURRENTINE
ATTEST:
Q � e
City Clerk
IV-3
EXHIBIT "B"
CERTIFICATE
ESTABLISHING THE PROPOSED PLAN OF GOVERNMENT
FOR THE CITY OF BOZEMAN
CHARTER
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 and accountable
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 secure the benefits of home rule and self-governance and
affirm the values of representative democracy, professional management,strong political leadership,
citizen participation, 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.
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 X1, 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.
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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 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 VI.
(c)Composition. The commission shall be composed of four members elected by the
voters of the city at large in accordance with provisions of Article VI and the mayor.The
mayor shall be elected as provided in §2.03(b).
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 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.
For convenience of the voters,the sub-optional choices for selection of the Mayor are included below.
The method of selection approved by the voters at the time of the adoption of the charter shall remain
in the charter. All other language shall be deleted following the election.
(b) Mayor Elected At Large — Top vote getter. At every regular city election the
mayor shall be the city commission candidate who receives the most votes at the city
election. The person so elected shall serve as deputy mayor and a commissioner for
the first two years of his or her term, and mayor for the balance of his or her term of
office.
OR
(b) Mayor Elected At Large.At every regular city election the voters of the city shall
elect a mayor at large for a term of four years. The person so elected shall serve as
deputy mayor and a commissioner for the first two years of his or her term, and mayor
for the balance of his or her term of office.
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Section 2.04. Compensation; Expenses.
The city commission may determine the annual salary of the mayor and commission members by
ordinance, but no ordinance increasing such salary shall become effective until the date of
commencement of the terms of commission members elected at the next regular election. The mayor
and commission members shall receive 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
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§2.09, the commission or its members shall deal with city officers
and employees who are subject to the direction and supervision of the city manager
solely 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 shall become vacant upon the
member's death, resignation, or removal from office or forfeiture of office in any
manner authorized by law. If the mayor is absent, incapacitated, dies, resigns from
office, or is removed from office, the deputy mayor shall succeed as mayor during said
time or absence or incapacity or for the balance of the mayor's term, as appropriate;
and the commission vacancy created therein shall be filled pursuant to this section.
(b) Forfeiture of Office. A commission member shall forfeit that office if the
commission member-
(1) Fails to meet the residency requirements,
(2) Violates any express prohibition of this charter,
(3) Is convicted of a felony, or
(4) Fails to attend three consecutive regular meetings of the
Commission without being excused by a majority of the Commission.
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(c) Filling of Vacancies. A vacancy in the city commission shall be filled for the
remainder of the unexpired term, 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. In order 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 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.
Section 2.11. Action Requiring an Ordinance.
In addition to other acts required by law or by specific provision of this charter to be done by
ordinance, those acts of the city commission shall be by ordinance which-
(1) Adopt or amend an administrative code or establish, alter, or abolish any city
department, office, or agency;
(2) Provide for a fine or other penalty or establish a rule or regulation for violation of
which a fine or other penalty is imposed;
(3) Levy a new tax;
(4) Grant, renew, or extend a franchise;
(5) Convey or lease or authorize the conveyance or lease of any lands of the city;
(6) Adopt or amend zoning and subdivision regulations;
(7) Amend or repeal any ordinance previously adopted; or
(8)Adopt,with orwithout amendment, ordinances proposed underthe initiative power.
Acts other than those referred to in the preceding sentence may be done either by ordinance or by
resolution.
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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 on
the basis of 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.
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.Such 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 afforded 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 a final resolution of removal.
Section 3.03. Acting City Manager.
By administrative order filed with the city clerk, 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;
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(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 multi-year capital program to the city
commission for its approval, and execute 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 as of 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.
ARTICLE IV
DEPARTMENTS, OFFICES AND AGENCIES
Section 4.01. 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, unless this
charter specifically so provides, assigned to any other.
(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 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.
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Section 4.02. Personnel System.
Consistent with all applicable federal and state laws, all appointments and promotions of city officers
and employees shall be made solely on the basis of merit and qualifications demonstrated by a valid
and reliable examination or other evidence of competence.
Section 4.03. 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 4.04. 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 commission shall:
(1) Designate an agency or agencies to carry out the planning function and such
decision-making responsibilities as may be specified by ordinance;
(2)Adopt a comprehensive plan and determine to what extent zoning and other land use
control ordinances must be consistent with the plan;
(3) Determine to what extent the comprehensive plan and zoning and other land use
ordinances must be consistent with regional plan(s); and
(4)Adopt development regulations,to be specified by ordinance, to implement the 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.
Section 4.05. Municipal Court
There shall be a municipal court as prescribed by state law.
Section 4.06 Neighborhood Associations
(a) Purpose. The citizens of Bozeman value the contribution neighborhoods can make
to the governance of the city. Therefore, it is the purpose of this article to strengthen
neighborhood participation where it exists, and to encourage and support neighborhood
participation where it does not yet exist.
(b) Recognition of neighborhood associations. The city commission shall establish
by ordinance minimum recognition requirements for neighborhood associations. These
standards shall include, but not be limited to:
(1) clear geographic boundaries;
(2) procedures for defining a resident for neighborhood association
membership;
(3) adherence to established by-laws that ensure democratic deliberative
and voting procedures;
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(4) periodic meetings, including an annual meeting;
(5) copy of the by-laws and all amendments filed with the city;
(6) inclusion of all residents in the neighborhood association; and
(7)demonstrating that it has a means of communicating with all residents
in a neighborhood association.
(c) Minimum Standards. A neighborhood association must meet and continue to
maintain conformity with the minimum standards as established by ordinance in order
to be recognized by the city and to be eligible to elect members to the
InterNeighborhood Council. Neighborhood associations existing on the date of the
enactment of this charter shall have one year after the enactment of said city ordinance
to come into compliance.
(d) InterNeighborhood Council. There is hereby established an InterNeighborhood
Council to be composed of representatives selected by each recognized neighborhood
association.
(1) The InterNeighborhood Council shall provide a forum for
Neighborhood Associations to come together, share information, and
make recommendations to the city commission, city staff, and the mayor
on city-wide issues. This does not preclude a neighborhood association
from taking its concerns directly to the city or the commission.
(2) The InterNeighborhood Council shall meet on a regular basis to
address city-wide concerns and foster dialogue between neighborhoods.
(3) The InterNeighborhood Council shall adopt by-laws governing the
conduct of their business. Such by-laws shall be approved by the city
commission, or as designated by ordinance. A vacancy on the
InterNeighborhood Council shall be filled only by the affected
neighborhood association. The city may appoint a city commissioner as
a non-voting member of the InterNeighborhood Council.
(e) City Liaison. The City shall designate a staff member to serve as liaison to the
InterNeighborhood Council and neighborhood associations.
Section 4.07. City Boards, Commissions and Committees.
Except for boards and commissions established by statute, the commission may create boards,
commissions, or committees as determined necessary. All city boards, commissions, or committees
will be established by the city commissions and members appointed by the commission and the mayor,
when so required by law, following a public solicitation through the newspaper advertised not less than
twice annually. Between public solicitations for members,appointments may be made to fill unexpected
vacancies or vacancies not filled through the last round of advertisements from those applications on
file as of the date of appointment. Subcommittees of existing boards, commissions,or committees may
be appointed by the city commission without the necessity of public solicitation. The commission may
authorize the city manager to establish ad hoc special commissions for specific purposes without public
advertisement. Except where prohibited by law, the terms on all boards shall be staggered.
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ARTICLE V
FINANCIAL MANAGEMENT
Section 5.01. Fiscal Year.
The fiscal year of the city shall begin on the first day of July and end on the last day of June, or as
otherwise provided by state law.
Section 5.02. 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 5.03. Budget Message.
The city manager's message shall explain the budget both in fiscal terms and in terms of the work
programs, linking those programs to organizational goals and community priorities. It shall outline the
proposed financial policies of the city for the ensuing fiscal year and the impact of those policies on
future years. It shall describe the important features of the budget; indicate any major changes from the
current year in financial policies, expenditures, and revenues together with the reasons for such
changes; summarize the city's debt position, including factors affecting the ability to raise resources
through debt issues; and include such other material as the city manager deems desirable.
Section 5.04. Budget.
(a) Statutory Provisions. The preliminary annual operating budget, the final budget,
and amended budgets must be prepared in accordance with state laws governing
municipal budgets as then in effect.
(b)Unreserved Fund Balance. A minimum level of budgeted general fund unreserved
fund balance shall be established by ordinance and shall be in accordance with the
GFOA (Government Finance Officers Association) recommended practice on
appropriate levels of unreserved fund balance in the general fund. This provision does
not limit appropriations in case of emergency pursuant to state law.
Section 5.05. 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 taken. 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,
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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 5.06. 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 5.07. Capital Program.
(a)Submission to City Commission.The city manager shall prepare and submit to the
city commission a multi-year capital program no later than December 15 for the ensuing
fiscal year.
(b) Contents. The capital program shall include:
(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;
(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.
The above shall be revised and extended each year with regard to capital improvements still pending
or in process of construction or acquisition.
Section 5.08. 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 stating:
(1) The times and places where copies of the capital program are
available for inspection by the public, and
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(2) The time and place, not less than two weeks after such publication,
for a public hearing on the capital program.
(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, but no later than
the last day of March of the current fiscal year.
Section 5.09 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. 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 majority vote at a public
meeting.
ARTICLE VI
ELECTIONS
Section 6.01. City Elections.
(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.
Section 6.02. Methods of Electing Commission Members.
At the first election under this charter, commission members shall be elected at large for four-year
terms. The mayor shall be elected pursuant to §2.03(b).
Section 6.03. 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.
ARTICLE VII
GENERAL PROVISIONS
Section 7.01. 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
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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, 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 7.02. 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 Vill
CHARTER AMENDMENT
Section 8.01 Proposal of 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 Article VI 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 of required signatures shall be reduced pursuant to Section
6.03, above.
Section 8.02. Election.
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 §8.01, 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.
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Section 8.03. 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.
ARTICLE IX
TRANSITION AND SEVERARILITv
Section 9.01. 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 §4.02.
Section 9.02. 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 9.03. 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 9.04. Schedule.
(a) Mayor Election. Section 2.03(b) shall take effect with the 2007 city election, with
said mayor being seated after serving as deputy mayor at the beginning of the first
commission meeting in January, 2010.
(b) Referendum on Increasing the Commission. At the general election in 2010,the
city commission shall place before the voters,with conforming charter amendments,the
issue of adding two members to the city commission. Should the voters approve said
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increase, said commission members shall be elected during the regular city election in
2011 and seated at the first regular commission meeting in January 2012.
(c) Time of Taking Full Effect. The charter shall be in full effect for all purposes
pursuant to the schedule established by state law.
Section 9.05. 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 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 8th_day of August
2006.
Respectfully submitted,
City of ozeman Local Government Study Commission
LOREN D. OLSEN ChAir
-f3RfAiq F.tlOSE
L7
AROLD A. FRYSLIE
S
WILLIA'M G. HAYWARD, JR.
MARILOU TURRENTINE
ATTEST:
9" oZ,/&
o
Ci Clerk
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EXHIBIT "C"
CERTIFICATE
ESTABLISHING THE DATE OF THE SPECIAL ELECTION
AT WHICH THE ALTERNATIVE FORM OF GOVERNMENT SHALL BE PRESENTED TO THE
ELECTORS OF BOZEMAN
The alternative form of government 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 7, 2006.
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 8th day of August
2006.
Respectfully submitted,
City of Bozeman Local Government Study Commission
LOREN D. OLSEN, C air
A/z�e
B I F. S E
-451
H ROLD A. FRYSLIE
'�M U�I
WILLIAM G. HAYWARD, JR.
MARILOU TURREN T INE
ATTEST:
o
Ci Clerk
IV-18
EXHIBIT "D"
CERTIFICATE
ESTABLISHING THE OFFICIAL BALLOT FOR THE NOVEMBER 7, 2006
SPECIAL ELECTION
Instruction to voter. Place an X in the box which expresses your preference.
OFFICIAL BALLOT
BALLOT ON THE ALTERNATIVE FORM OF LOCAL GOVERNMENT
Vote for One.
❑ For adoption of the self-government Charter with the city manager plan of
government proposed for the City of Bozeman by its Local Government Study
Commission.
❑ For the existing form of government.
CHARTER SUB-OPTION ONE
Vote for One.
Beginning in the year 2007, the Mayor of the City of Bozeman
❑ Shall be the city commission candidate who receives the highest number of
votes in the city general election.
❑ Shall be directly elected by the voters.
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 8th day of
August , 2006.
IV-19
Respectfully submitted,
City of Bozeman Local Government Study Commission
LOREN D. OLSEN, Cp6ir
BR AN F. CIL68E
r"
A OLD A. FRYSLIE
WILLIA G."li YWARD, JR.
MARILOU TURRENTINE
ATTEST:
�&- Z'Z'�L�- /,�—
OV Clerk
IV-20
EXHIBIT "E"
CERTIFICATE /!fl
ESTABLISHING THE EFFECTIVE DATE OF THE CHARTER
IF ADOPTED BY THE VOTERS OF THE CITY OF BOZEMAN
If the Charter proposed by the City of Bozeman Local Government Study Commission is approved
by the voters at the November 7, 2006 special election, the Charter shall become effective on July
1, 2007.
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
2006.
Respectfully submitted,
City of Bozeman Local Government Study Commission
LOREN D. OLSEN, Chair
"BKWF. CLOSE
WAR OLD A. FRYSLIE
WI LIA G. HAYWARD, JR.
MARILOU TURFZENTINE
ATTEST:
a � �
i Clerk
IV-21
EXHIBIT "F"
CHARTER COMMENTARY
Introduction
The draft charter prepared by the Bozeman City Study Commission is based on the Model
City Charter, 8th Edition, of the National Civic League (2003). As stated therein.
The eighth edition of the Model City Charterstrongly endorses the council-manager
structure of municipal government that was first proposed in 1915 as the National
Civic League's (then the National Municipal League's) model form. In the years
since, the Model has been refined to reflect the evolution of the council-manager
plan, the most widely !used governmental structure in American cities with a
population over 10,000. The fundamental principle of the model, that all powers of
the city be vested in a popularly elected council that appoints a professional
manager who is continuously responsible to and removable by the council, has
endured ever since.
A Model for the 21st Century
The realization that the Model City Charter has exerted enormous influence in
promoting the municipal reform agenda for more than a century made those
responsible for the eighth edition acutely aware of the model's evolution and of the
obligation to make it an effective force for the future. Reforming reform is a delicate
undertaking. To make revisions in the specifics of reform measures and to suggest
alternatives to strongly held positions should not be viewed as rejecting the past but
as building on it to meet changing circumstances with the benefit of wider
experience. Institutions must be adapted to address new priorities and new
concerns, and to be useful, models must assist in the process of adaptation.
As the National Civic League's Model City Charter Revision Committee undertook
development of the eighth edition, participants considered the concept of a model.
Back in 1944, on the occasion of the National Civic League's 50th anniversary,
Harold Dodds, then president of Princeton University and a former executive
director and president of the National Municipal League, described the purpose of
a model as being
... to set patterns clearly and specifically, delineating the best
practice and the best thought on a problem, to correct existing
defects, to set high standards which provide something to fight for
instead of against ... the model laws brought stability, dignity and
scientific fact to'reform.'They made readily available to officials and
citizens the product of the able thinkers on governmental problems.
(MC P. iii)
I V-22
In that spirit,the study commission conducted a review of Bozeman's existing government, met
with current and prior elected officials, solicited public comment in focus groups, by survey, and
through public hearings. It is the goal of the study commission to adopt "best practices" for the
organization of city government. Sometimes that has simply meant keeping or adapting current
practice (size of the commission, commission procedure, the office of city clerk, for example).
Sometimes that has required modifications or additions to current practice (mandating the update of
the capital improvement plan annually, for example). And, sometimes, adoption of new practices
(such as minimum criteria for neighborhood groups).
Below are the most important aspects of the charter for citizens' consideration.
Specific Considerations
1. Commission-Manager Form of Government.
Eighty-four years ago Bozeman was the first municipality in Montana to hire a city manager.
The most basic conclusion that the Study Commission came to is that Bozeman has been well served
by the Commission-Manager form of government. The most important aspect of the city manager
form of government is that day to day operation of the city is placed in the hands of a professional
manager.
The Model Charter emphasizes the need to insulate the city manager from undue political
pressure. In consequence, we have adapted the Model Charter list of City Manager duties and
procedures for removal. In the opinion of the Model Charter drafters, and this study commission, the
role of the City Manager should be clearly delineated in the charter.
2. City Commission
As a complement to that, elected officials determine policy. In that regard, discussion was
held as to how to improve representation on the city commission. We examined alternatives to "at
large" election, preferential and cumulative voting, a pure ward system and various"mixed" systems.
We also examined enlarging the commission by two members.
After consultation with a citizen focus group, current and prior elected officials, and our own
research, and advice from the city attorney(as to preferential voting), we determined that the at large
system best serves Bozeman's current needs. As noted in the Model Charter Commentary,
There is strong support for the all at-large council alternative in smaller municipalities
and in those cities where assuring fair representation of minority populations is not an
issue. In cities where minority representation is enhanced by election from districts,
consideration of the alternatives for mixed systems, with some council members
elected at large and some by districts, is recommended.
(MC, P. iv)
Further:
The Model continues to stress the value of the at-large principle in designing the
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composition of a city council, while recognizing the necessity of providing for
representation of geographical areas under certain circumstances. In considering the
appropriateness of using the at-large system, each city must assess its own situation.
The at-large system has generally allowed citizens to choose council members best
qualified to represent the interests of the city as a whole.
Nevertheless, in larger cities, citizens may feel isolated from and unconnected to their
government without some geographical basis of representation. Cities with significant
differences in or conflicts among ethnic, racial, or economic groups may wish to
consider whether one of the alternative systems may achieve more equitable
representation of the city's population and avoid legal challenges under the Voting
Rights Act without sacrificing council effectiveness.
(MC, pp. 7-8)
Based on the above, we concluded that it is premature for Bozeman to move to a pure ward
system or mixed system at this time. In addition, we note that communities in Montana that have
wards, such as Missoula and Belgrade, often have difficulty finding candidates from those wards. We
also took note of the technical problems a ward system would introduce to Bozeman: having an
apolitical process for drawing ward boundaries; the necessity of redrawing ward boundaries more
frequently than the census due to Bozeman's rapid growth; and the potential of exacerbating divisions
in Bozeman by putting narrow geographic interests before the entire community's interests. We did
conclude that with the prospect of Bozeman reaching a population of 40,000 by the year 2010, that
the voters should consider increasing the size of the commission at that time.
3. The Mayor
In the commission-manager form of government, the mayor has no administrative role in city
government. As the Model Charter commentary notes,some communities have even dispensed with
the mayor completely. However, Bozeman has always had a mayor, our contacts with citizens
indicate they expect there to be a mayor, and we believe that the office of mayor can be reconciled
with the existence of a city manager.
As noted by the Model Charter commentary:
The mayor occupies a strategic location shaped by his or her close relationships
with the council, manager, and individual citizens and groups in the community.
The mayor is able to promote communications among officials and with the public.
Unusual powers are not needed for leadership and may actually curtail leadership
by separating the mayor from other officials. Any augmentation of the role of the
mayor must not be construed as reducing the power of the council but rather as a
way to provide focus and leadership in the development of city policy. Nor should
the role of the mayor intrude on the management of the city's operations by the
manager.
(MC, pp. v-vi)
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In that spirit, we have made clear that the mayor's office is not an administrative one. In
particular, we have not given the mayor any special appointment powers(except where mandated by
state law) and reiterated that the mayor shall not interfere with city administration
As to how to elect the mayor, our survey did not indicate a clear preference. There was,
however, a clear preference by the public for the mayor to serve a training period before assuming
office. Therefore,we have presented the public a sub-option of either electing the mayor directly or
keeping the current system of the top vote getter becoming mayor. In either case, the mayor so
elected will serve a two year training term on the commission as deputy mayor before becoming
mayor. This change becomes effective with the 2007 election and will not interfere with the mayor
chosen in 2005.
4. City Departments, Boards, and Neighborhood Groups
In addition to the standard language required in a charter recognizing the existence of various
city departments(such as planning, the municipal court, and the city attorney),we have endeavored
to provide more openness and stability to those aspects of city government manned by volunteer
citizens.
First, we have mandated that all city boards shall have staggered terms. This will prevent
wholesale turnover after a city election, preserving institutional memory necessary for the smooth
functioning of any city board, and encouraging equal treatment of all applicants to city boards over
time.
Secondly, in consultation with the InterNeighborhood Council, we have extended principles
of open government to those neighborhood groups that seek city recognition and formalized the
status of the InterNeighborhood Council. We have also mandated that the city designate a staff
member as liaison to the InterNeighborhood Council and neighborhood associations.
5. Fiscal Transparency& Stability
While the state's Municipal Budget Act provides procedural safeguards to ensure both fiscal
stability and openness in the formation of Bozeman's budget, the Study commission has also
adopted charter provisions to ensure additional fiscal stability and openness.
First, we are requiring that the city commission, by ordinance, will establish and maintain a
minimum unreserved fund balance in the general fund based on the best current practice
recommended by the national GFOA (Government Finance Officers Association).
Second, we are requiring the city to have a multi-year capital improvement plan (CIP) and
to update it annually. Annually updating the plan is particularly necessary in a community growing
as fast as Bozeman.
Third,we are requiring that the city budget be made available to the public electronically, i.e.,
via the web.
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6. Professionalism and Ethics
Upon the recommendation of the Model Charter, we have taken steps to adopt the best
current practices to ensure that the city shall be administered in a manner above reproach.
Specifically, we reiterate the principle that employment and promotion by the city should be
on a merit basis only.
In addition, we have provided for mandatory training of city officials, board members, and
employees on the state and city ethics codes(currently, no such training takes place); and have also
provided,as permitted by state law, for the creation of an advisory board to assist in updating the city
ethics code, as well as to assist the city on implementing training and the enforcement of
governmental ethics.
7. Access to Government
We have required measures that we believe will improve citizen access to government.
Specifically:
a. Requiring that all city ordinances and resolutions and other city documents be
published on the web;
b. Extending principles of open government to neighborhood groups;
c. Making it easier for citizens to exercise their rights of initiative and referendum.
To do so we took into consideration the fact that since Bozeman has a large
temporary population that, unlike most other communities in Montana, approximately
30% of Bozeman's electorate is composed of so-called "inactive" voters. That
number is currently 7,000, according to the Gallatin County Clerk&Recorder's Office.
As a result of such a large number of"inactive voters" Bozeman residents may have
a more difficult time compared to other communities in collecting signatures for
petitions since the percentages of signatures required includes 7,000 voters who,
most likely, are no longer in the area. Therefore,we have made gathering signatures
for initiative and referendum petitions easier by reducing the required percentages for
petitions by the percentage of "inactive voters" as certified by the Gallatin County
Clerk & Recorder's Office pursuant to state law.
6. Transition
Current office holders are not affected by this charter. Pursuant to state law the city will have
to review all existing ordinances and procedures, and establish some additional ordinances (such
as that pertaining to neighborhood groups) to conform them with the charter.
9. Principles of Interpretation
Model Charter: The model charter has been our guide on most matters, and its commentary
should be consulted in interpreting this charter unless otherwise noted.
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Annotations
Annotations: We note below, section by section, the origin and modifications of each specific
charter provision.
("MC" = Model Charter)
CITY OF BOZEMAN, MONTANA
DRAFT CHARTER
PREAMBLE
MC, modified to include reference to self-governing powers,
Article I
POWERS OF THE CITY
Section 1.01. Powers of the City.
MC, modified to include reference to self-governing powers,
Section 1.02. Construction.
(a) Powers.
MC.
(b) Priority Construction.
MC, modified to include reference to self-governing powers, and Montana's Constitution.
Section 1.03. Intergovernmental Relations.
MC
Article II
CITY COMMISSION
Section 2.01. General Powers and Duties.
MC
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Section 2.02. Eligibility, Terms, and Composition.
(a) Eligibility.
MC, clarified as to residency.
(b) Terms.
MC
(c) Composition.
MC, with cross-reference to the Mayor's office in Section 2.03(b).
Based on the model charter commentary referenced above (Point 2), the Study
Commission concluded that it is premature for Bozeman to move to a pure ward system
or mixed system at this time. In addition, we note that communities in Montana that have
wards,such as Missoula and Belgrade, often have difficulty finding candidates from those
wards. We also took note of the technical problems a ward system would introduce to
Bozeman: having an apolitical process for drawing ward boundaries; the necessity of
redrawing ward boundaries more frequently than the census due to Bozeman's rapid
growth; and the potential of exacerbating divisions in Bozeman by putting narrow
geographic interests before the entire community's interests.
According to data provided by the city planning office and SWMBIA, Bozeman's
population will increase to 40,000 between now and 2010. We conclude that with the
prospect of Bozeman reaching a population of 40,000 by the year 2010, that the voters
should consider increasing the size of the commission at that time. This is implemented
in a transition rule in Article Nine.
Section 2.03. Mayor
(a) Powers and Duties.
MC, with the exception that we have limited the mayor's appointment power. We
have also reiterated that the mayor shall not interfere with city administration. We have
also made clear that the mayor elect shall serve as Deputy Mayor (see Section 2.06,
below).
(b) Mayor Elected At Large—Top vote getter.
OR
(b) Mayor Elected At Large.
Both alternatives have been tailored to the current practice of the mayor
serving four years with a two year training period on the commission.
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Section 2.04. Compensation; Expenses.
MC
Section 2.05. Prohibitions.
(a) Holding Other Office.
MC
(b) Appointments and Removals.
MC
(c) interference with Administration.
MC
Section 2.06. Vacancies; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies.
MC, with the addition of detail on the Deputy Mayor's office
(b) Forfeiture of Office
MC, modified by substituting "felony" for "a crime involving moral
turpitude"
(c) Filling of Vacancies.
Procedure under state law substituted for MC.
Section 2.07. Judge of Qualifications.
MC
Section 2.08. City Clerk.
Current practice, revised in June 2005, is hereby adopted.
Section 2.09. Investigations.
MC
Section 2.10. Independent Audit.
MC
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Section 2.11. Procedure.
Procedure under state law substituted for MC.
Section 2.12. Action Requiring an Ordinance.
Procedure under state law substituted for MC.
Section 2.13. Ordinances in General.
Procedure under state law substituted for MC. In addition, we have required that
all "ordinances, administrative regulations, resolutions, and the Bozeman
Municipal Code will be published electronically."
ARTICLE III
City manager
Section 3.01. Appointment; Qualifications; Compensation.
MC
Section 3.02. Removal.
MC
Section 3.03. Acting City Manager.
MC, substituting "administrative order" for"letter".
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:
MC, with the following additions:
"(15) Prepare the commission agenda;
(16) Appoint members of temporary advisory committees established by
the City manager."
ARTICLE IV
DEPARTMENTS, OFFICES AND AGENCIES
Section 4.01. General Provisions.
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(a) Creation of Departments.
MC
(b) Direction by City Manager.
MC
Section 4.02. Personnel System.
MC, modified to conform to state law and current city practice.
Section 4.03. Legal Officer.
(a) Appointment.
MC
(b) Role.
MC
Section 4.04. Land Use, Development, and Environmental Planning.
MC
Section 4.05. Municipal Court
Cross reference to existing law.
Section 4.06 Neighborhood Associations
This entire section is new, and not derived from the MC. In developing this
section, we consulted the charters of Missoula, Helena, Great Falls and Spokane. The
draftwas then reviewed with representatives of the InterNeighborhood Council and further
changed after public comment.
Section 4.07. City Boards, Commissions and Committees.
This is a non-MC provision, based on current city commission rules with the addition of
the requirement that all city boards shall have staggered terms.
ARTICLE V
FINANCIAL MANAGEMENT
Section 5.01. Fiscal Year.
MC, modified to conform to the Montana Local Government Budget Act.
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Section 5.02. Submission of Budgets and Budget Message.
MC, with the addition that "The publication requirements must conform to the provisions
of state law for a municipality, and be available electronically."
Section 5.03. Budget Message.
MC
Section 5.04. Budget.
(a) Statutory Provisions.
MC, modified to conform to the Montana Local Government Budget Act.
(b) Unreserved Fund Balance.
This provision is not derived from the MC, rather it is the consensus of the
Study Commission that a minimum reserve fund based on a national
standard will provide additional fiscal stability to the city.
Section 5.05. Adjusting Appropriations.
Derived from MC,Section 5.06, modified to conform with Montana law. May by ordinance
reduce or eliminate one or more appropriations.
Section 5.06. Administration and Fiduciary Oversight of the Budget.
MC, Section 5.08.
Section 5.07. Capital Program.
MC, Section 5.09, with the addition of December 15th in paragraph "(a)".
Section 5.08. City Commission Action on Capital Program.
MC, Section 5.10, with the addition of March 15th in paragraph "(b)".
Section 5.09 Independent Audit.
MC, Section 5.11.
Article VI
ELECTIONS
Section 6.01. City Elections.
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(a) Regular Elections.
MC, modified to conform to current state law. We examined preferential
voting (see www.fairvote.t g), however we agree with the opinion of the
city attorney that Montana's constitution and law(which refer to "top vote"
getters) prevents preferential voting.
We also examined wards and a mixed ward-at large system, as noted in
Article Two, above.
(b) Beginning of term.
MC, with clarification that the first matter of commission business in
January is the swearing in of new members.
Section 6.02. Methods of Electing Commission Members.
MC, Section 6.03, with cross reference to mayor election in Section 2.03(b).
Section 6.03. Initiative; Citizen Referendum, and Recall.
MC, modified to conform with state law. In addition, the study commission examined how
to account for the fact that Bozeman has 7,000"inactive"voters, approximately 30%of the
registered electorate. As a result of such a large number of"inactive voters" Bozeman
residents may have a more difficult time compared to other communities in collecting
signatures for petitions since the percentages of signatures required includes 7,000 voters
who, most likely,are no longer in the area. Therefore,we have made gathering signatures
for initiative and referendum petitions easier by reducing the required percentages for
petitions by the percentage of "inactive voters" as certified by the Gallatin County Clerk
& Recorder's Office pursuant to state law.
ARTICLE VII
GENERAL PROVISIONS
Section 7.01. Conflicts of Interest; Board of Ethics.
(a) Conflicts of Interest.
MC
(b) Board of Ethics.
MC, modified to use existing state law as to board structure, clarified to
require the city manager to initiate training (as being more consistent with
the city manager form of government), modified by requiring board
members have ethics training and, additionally that all officials take an oath
to uphold the city and state ethics codes.
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Section 7.02. Campaign Finance.
MC, modified to recognize existing law.
Article Vill
CHARTER AMENDMENT
Section 8.01 Proposal of Amendment.
MC, modified to accord with state law. Also, modified to account for inactive voters.
Section 8.02. Election.
MC, modified to accord with state law.
Section 8.03. Adoption of Amendment.
MC.
Article IX
TRANSITION AND SEVERABILITY
Section 9.01. Officers and Employees.
(a) Rights and Privileges Preserved.
MC
(b) Continuance of Office or Employment.
MC. This charter has no effect on current elected officials.
(c) Personnel System.
MC
Section 9.02. Pending Matters.
MC
Section 9.03. State and Municipal Laws.
MC, modified for state law. Montana law has extensive procedures for the transition of
government resulting from the adoption of a "new" form of government.
(a) Mayor Election.
Non-model charter, to conform with the alternatives of Section 2.03(b)
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(b) Referendum on Increasing the Commission
Non-model charter.
(c) Time of Taking Full Effect.
Non-model charter, in recognition of state law.
Section 9.05. Severability.
MC.
In testimony whereof, we set our hands.
Done at Bozeman, Montana this 8th day of
Aggust 2006.
Respectfully submitted,
City of Bozeman Local Government Study
Commission
LOREN D. OLSEN, Cha/�'
BRIAN F. Slf
Fib OLD A. FRYSLIE
WILLIA G. AYWARD, JR.
MARILOU TURRENTINE
ATTEST:
City Clerk
IV-35