Loading...
HomeMy WebLinkAbout1976 Study Commission Final Report.pdfBABA/ of Local Government TO BE SUBMITTED TO QUALIFIED VOTERS OF BOZEMAN, MONTANA JUNE 1, 1976 �k PREPARED BY THE BOZEMAN LOCAL GOVERNMENT STUDY COMMISSION A PROPOSAL FOR AN ALTERNATIVE FORM OF GOVERNMENT FOR THE CITY OF BOZEMAN, MT TO BE SUBMITTED TO QUALIFIED VOTERS OF BOZEMAN, MONTANA JUNE 1, 1976 �k PREPARED BY THE BOZEMAN LOCAL GOVERNMENT STUDY COMMISSION T A B L E O F C O N T E N T S Acknowledgements Letter to the Citizens of Bozeman .l Summary . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Sample Ballot . . . . . . . . . . . . . . . . . . . . . . . .6 Description of Present Government . . . . . . . . . . . . . .7 Description of Proposed Government. . . . . . . . . . . . . 17 Comparison of Two Forms of Government in Chart Form . 22 Bibliography . . . . . . . . . . . . . . . . . . . . 27 Appendix A - Minutes of Public Hearing - September 8, 1975 B - Local Government Survey C - Powers of Self Government D - Overview of Bozeman City Government E - Minutes of Public Hearing - March 15, 1976 F - Certificate Describing Existing Plan of Government G - Certificate Describing Proposed Plan of Government H - Certificate Establishing Date of Election I - Certificate Establishing Commission Districts J - Certificate Establishing Official Ballot ACKNOWLEDGEMENTS Members of the Bozeman Local Government Study Commission wish to acknowledge the assistance and cooperation received from organ- izations, agencies, and individuals while this report was in the process of being prepared. Special thanks is expressed to the following: The State Commission on Local Government for the assistance provided by them through personal interviews, workshops, and pub- lications; the officials and staff of the city of Bozeman; the Gallatin County Local Government Study Commission, as well as, county officials and staff; the Comprehensive Employment and Training Act (C.E.T.A.) for providing funds to employ an office secretary; to Linda Praye (C.E.T.A. office secretary for dedi- cated and efficient conduct of the secretarial work; to the Montana Cooperative Extension Service at Montana State Univer- sity and the Bureau of Government Research at the University of Montana who combined their efforts with the Community Service programs of Title I of the Higher Education Act of 1965 to pro- vide helpful information and publications; to Dan Mizner, Exec- utive Secretary of the Montana League of Cities and Towns, for specific efforts on his part in supplying information and attend- ance at our meetings; to Frank Bryan, head of the Department of Political Science at Montana State University, who conducted the Local Government Survey attached in Appendix B; to Libby Sylvis for assisting in keeping office communications open during the absence of the secretary from the Study Commission office; to the Bozeman Daily Chronicle for excellent coverage and reporting of our meetings; to the High Country, the Billings Gazette, K.X.X.L., and K.B.M.N. for their assistance in keeping the public informed regarding meetings and deliberations of the Study Commission; to the citizens who attended meetings either because of special re- quests to appear or because of personal interest; to county and city officials of Ada County and the city of Boise, Idaho, for their time in discussing with us the organization of public ser- vices provided by the city of Boise and Ada County. In acknowledging the assistance from those mentioned, the Study Commission wishes to express their most sincere thanks and appreciation to them. CITY OF BOZEMAN STUDY COMMISSION P. O. BOX 1407 BOZEMAN, MONTANA 59715 COMMISSION MEMBERS TORLIEF AAS14EIM CHAIRMAN S17 WEST KOCH JOYCE GREENOUGH VICE - CHAIRMAN 70150UTH 7TH JUDY MATHRE SECRETARY 731 SOUTH 12TH KEITH SWANS 0N 711 BLACKMORE PUCE KEN R. JONES April 12, 1976 324 NO, ISTH To: All Citizens of the city of Bozeman From: The Bozeman Study Commission on Local Government Re: Final Report regarding an Alternative Form of Government for the city of Bozeman, Montana. The Bozeman City Study Commission members were e- lected on November 5, 1974. They were elected, under procedures prescribed by the 1974 legislature, to car- ry out a citizen review of local government. Such a review was mandated by Montana's new constitution. Section 9 of Article XI of Montana's Constitution reads as follows: 11(1) The Legislature shall within four years of the ratification of this Constitution, provide procedures requiring each local government or combination of units to review its structure and submit one alter- native form of government to the qualified electors at the next general or special election. (2) The legislature shall require a review procedure once every ten years after the first election." Members of the Bozeman City Study Commission are Torlief S. Aasheim, Chairman; Joyce Greenough, Vice Chairman; Judy Mathre, Secretary and Treasurer; Keith Swanson, and Ken Jones. Since we were elected, we have usually met on the second and fourth Monday of each month. We have also had special Meetings with other study commissions in the county. At these meetings, all of which have been open to the public, we have listened to local citizens, city department heads, past and present city commissioners, the city manager, and others. Page 2 April 12, 1976 The Bozeman City Study Commission held 30 meetings including two public hearings during the period November 5, 1974 through April 12, 1976. Two hundred eighty people were in attendance at the meetings held. Twenty people other than the commission members attended the public hearing on September 8, 1976 and 28 attended the hearing on March 15, 1976. The min- utes of the September hearing are included as Appendix A of this report. Minutes of the March hearing are in- cluded as Appendix E. One hundred fifty five different people had attended Study Commission meetings through April 12, 1976. With the assistance of Professor Frank Bryan from Montana State University and students from his class in Analysis of Political Behavior, a survey was conducted. The survey was conducted for the purpose of getting a large number of local people to express their opinions on Bozeman's local government and related matters. Four hundred eleven people responded to the survey. A copy of the survey questionnaire and the results are attached to this report as appendix B. Ken Jones, Keith Swanson, and Torlief Aasheim spent two days in Boise, Idaho visiting with city and county officials regarding modifications in city and county gov- ernment which have been instituted there. Ken Jones spent some time in Rosebud County visiting with county and city officials concerning their consolidated law en- forcement, organization, and operation. Our recommendations reflect the thoughts and opinions of those who participated in the public hearings, those who attended our regular meetings, those who responded to our survey, in addition to, the independent efforts of the members of this study commission. In this report, we present our recommendations for an alternative form of government that we feel will provide improved services to the people of Bozeman. We feel that the commission- manager form of government has served Bozeman and it's citizens very well. We have had hardly a single person speak to us unfavorably concerning it. We have had a number of people indicate the need for a procedure or vehicle which would provide for effective public input into the decision making process which goes on at "City Hall". Page 3 April 12, 1976 As an alternative form of government we are submitting to you as voters, a charter which provides for maintaining the commission- manager form of government with self govern- ment powers. In granting self government powers, however, the charter limits the power of Bozeman city commissioners to levy property taxes. We are also submitting one suboption for consideration of the electorate. This suboption relates to the formation of community councils. The opportunity for voters to express their preference, with regard to this alternative form of government and the suboption, will be provided at the primary election, June 1, 1976. Submitted by Members of the Bozeman Study Commission on kcal Government. WMA e ce uree Judy Mat e, Sec. & Trea. erne Jones Keith Swan son SUMMARY The 1974 legislature authorized procedures to carry out the citizen review of local government mandated by the new Constitution. Montana lawmakers detailed the responsiblities of citizens, local officials, and members of local government study commissions and established a State Commission on Local Government to conduct research and make recommendations to the state legislature. The local government article of the Montana Constitution provided for two distinct, but closely related local government exercises: review of local government forms and self government charter writing. Each local study commission was directed to study forms and powers of local government and conclude its work with a report and recommendation to the voters. In order to utilize fully the expertise available on local study commissions, the legislature decided to allow the commissions either to "draft a self government charter" or to submit an "alternative form of government" to the voters. l Bozeman citizens who responded to a survey, and who attended study commission meetings, indicated strong support for the com- mission- manager form of government. They also strongly supported more power for decision making at the "grass roots" as indicated by 8650 of the survey respondents who favored more authority for decision making at the local level. Some preference was indicated for the election of city commissioners on a district basis rather than from the city as a whole.8 The greatest dissatisfaction with the city government in Bozeman was focused on the apparent lack of responsiveness to the public. The Bozeman Local Government Study Commission, in discharging its responsibilities to the electorate of the city of Bozeman, is recommending that as the alternative form, the commission- manager form of government be maintained in the city of Bozeman, but that the city commission be granted self government powers with limita- tions on powers to impose taxes on real and personal property. The proposed alternative form is being submitted in the form of a charter which prescribes that three of the five city com- missioners shall be elected, at- large, one from each of three districts apportioned by population. The charter also prescribes that the other two commissioners shall also be elected by the voters at -large but nominated from the city as a whole. One of these two commissioner positions shall be placed on the ballot as the mayor's position and the other position shall be designated as the deputy mayor's. The charter includes one suboption which provides for the election of three community councils. These councils are for the purpose of advising city commissioners regarding problems -4- within their neighborhoods. If the charter fails to receive the approval of the voters then the suboption also fails. If the charter is approved by the voters and the suboption fails then the suboption will be removed from the charter. This proposal for an alternative form of government will be submitted to the voters at the primary election on June 1 and will appear on the ballot as illustrated on the following page. -5- Instruction to voters: Place an "X" in the boxes which express your preference. The full text of the proposed form of government and of the existing form of government are a- vailable at your polling place. SAMPLE BALLOT BALLOT ON ALTERNATIVE FORM OF LOCAL GOVERNMENT FOR THE CITY OF BOZEMAN, MONTANA If the proposed form of government fails to receive a majority of the votes cast on the question, the sub- option also fails. If the proposed form is adopted, the suboption requires only a plurality of votes cast on the suboption for adoption. PLEASE VOTE ON BOTH ISSUES 1. Vote for one. For adoption of the charter of the commission - manager form of government with self government powers as proposed in the report of the Bozeman Local Government Study Commission. ❑For the commission- manager form with general powers. (The existing form of government.) 2. Vote for one. Suboption to be included in the new form of government, if the new form is adopted. 1-1 Community councils of at least three (3) members shall be elected within each district to advise the commissioners. ❑Community councils to advise commissioners may be authorized by ordinance of the city commission. (This opportunity exists at present.) SECTION 3 DESCRIPTION OF PRESENT GOVERNMENT Introduction Review of the form of local government is not new in Bozeman. The Montana Tax a er of March, 1948 described the situation occur- ring in 1921. The city was a half million dollars in debt, city warrants were being discounted, the city services were deplorable and taxes were high." Dr. Merrill Burlingame described the switch from a mayor - council form of government to city manager on the 50th anniversary of the change.2 In January of 1921 the Rotary Club sponsored a discussion on the city manager form of government. A plan of sup- port for this form was unanimously endorsed. The voters voted upon the change the following June and it was passed by a narrow margin of 35 votes. The first city manager was selected in January of 1922. By January 1923, registered warrants were reduced from $47,228 to $3,464. A net surplus for operating costs had doubled and the government of Bozeman was well on its way to fiscal solvency. 3.1 SOCIO- ECONOMIC DESCRIPTION OF BOZEMAN Population and Growth Between 1960 and 1970, the population of the city of Bozeman has grown from 13,361 to 18,770, a change of 39.7/.3 The city planning staff estimates the population has increased to 21,700 in 1975, an increase of 16.2% since 1970. Population figures include university students. The planning staff has observed significant changes in the economic, social, and environmental fabric of Bozeman and Gallatin County. Four changes cited include: 1. The traditional economic functions have shifted from primarily agricultural ones to those of retail trade, pro- fessional services, tourism, and land development. 2. band use patterns have changed from wide open agricultural and mountain lands into both year -round and seasonal building lots for new arrivals. 3. Different and varied life styles have emerged, and are influencing the present and future fabric of economic, social, environmental, and political structures. 4. Problems associated with rapid urban and regional growth, (land use conflicts, groundwater pollution, delivery of muni- cipal services, etc.) have emerged and must be reckoned with.4 Between 1975 and 1990, the population of Bozeman and its surrounding 4-2-1 mile jurisdictional area is expected to gain an additional 9,720 to 25,300 people. The rate of growth will depend on jobs available, and the desire of people to live in a relatively crime free, pollution free, scenic area. -7- The growth rate in Gallatin County has not matched that of Bozeman. Population in 1960 was 25,045 and increased to 32,505 in 1970, a change of 24.8/.5 Population in Gallatin County without the population of Bozeman was 12,684 in 1960, and grew to 13,735 in 1970. This represented only an 8.39/o increase. Employment and Income Employment statistics are based on county population. For Fiscal Year 1975, average unemployment for the civilian work force in Gallatin County was 5 %, and 6.5% statewide. In 19697 only 7% of the families of Gallatin County had incomes below the poverty level while the average statewide was 10.4 %. Median income for families in Gallatin County in 1969 was $8832 and $8512 statewide.5 Observations and Conclusions There is no doubt that Bozeman will grow. The directions for growth remain to be defined. Growth, however, means there will be a need for development of municipal services and strong leadership in planning and definition of growth patterns. The employment and income situation in Gallatin County is similar to that in the state. 3.2 POLICY MAKING AND ADMINISTRATIVE STRUCTURE City Manager The city manager is appointed by the city commission to admin- ister local government affairs in Bozeman. He is Bozeman's chief administrative officer. He is hired on the basis of his ability to direct and supervise all departments and agencies; prepare and execute the budget; appoint, suspend, remove, and be responsible for all employees; and prepare the commission agenda. City Commission and Mayor (Chairman) The commission consists of five elected policy- making people what are responsible for the local government's policies and di- rection. Commissioners are elected at -large for four year over- lapping terms of office. The position of mayor or chairman is filled by the commissioner receiving the highest number of votes. He serves the first two years of his term of office as a commis- sioner and the last two as mayor. The mayor presides at the commission meetings. He is the commission's spokesman and is head of the commission for purposes of ceremony and hospitality. He has few administrative duties. Most administrative duties are clearly the responsibility of the manager. The mayor exercises the same powers as the other com- missioners. The commission appoints the manager and he is responsible to them. He is appointed for an indefinite term and can be dismissed by a majority vote of the commission. Commission members, however, are prohibited from dictating appointments or removals or dealing directly with employees over whom the manager has control. The commission has the power to create, establish, abolish, and organize offices and fix the salary and compensation of all officers and employees with some exceptions. They make and enforce sanitary, police, and other regulations; pass such ordinances as may be expedient for maintaining and promoting peace, good govern- ment, and the welfare of the municipality, and for the performance of all of the functions of the municipality. The commission carries out and puts into effect all the powers by ordinances, resolutions, or orders that are granted to municipalities by the constitution or laws of the State of Montana. The commission has the power to pass ordinances, adopt regulations, and exercise all the powers conferred on it by Chapter 32 and 33 of Title 11 RCM, as amended; and has all the powers conferred by law upon city councils insofar as the same and not inconsistent with Chapter 32 and 33, Title 11 RCM. (Ord. 524 8; Feb. 3, 1922)6. Other City Officials The city commission appoints, in addition to the city manager, the clerk of the city commission and the police judge. -The city manager hires department heads and employees, including the assistant city manager, city engineer, director of the department of finance, and director of the department of law. The service, pub- lic safety, and public welfare are headed by the city manager. He hires department heads within each of those departments, ie. streets, water, parks, library, police, etc. (see Organizational Chart, page 22). Boards and Commissions The city of Bozeman relies on twelve citizen boards to help formulate its governmental policies. These boards provide citizen input for decision making processes in two city departments, the Department of Public Safety and the Department of Public Welfare. Members of these boards are appointed by the city commission, or appointed by the mayor with the approval of the city commission, or designated by state statute. In some cases, they are selected by election from departments in which they serve. The Department of Public Safety consists of the Police, Fire, and Inspection Divisions. These city agencies are assisted by the following citizen boards: 1. Board of Police Commissioners 2. Board of Trustees - Police 3. Civil Service Board - Police 4. City Zoning Commission 5. Board of Adjustment - Zoning 6. Parking Commission The Department of Public Welfare consists of the Parks and Playgrounds, Parks and Recreation, Library, Band, Cemetery, the City- County Planning, and City - County Health Unit. These agencies are assisted by the following citizen boards: 1. Board of Community Recreation 2. Library Board 3. Band Board 4. Cemetery Board 5. City- County Planning Board 6. City- County Health Board? Observations and Conclusions The city manager form of government provides for professional administration of city affairs. The day -to -day business of the city is taken out of the hands of the elected officials, leaving them free to be the policy makers. This form of government pro- vides for strong leadership and efficient management of government affairs. In a citizens survey conducted in May, 1975, of 411 citizens selected at random, 74/ rated Bozeman's city government as good or adequate. Given the choice of what form of government they preferred, 499/6 chose the city manager form. The next most popular form was that of elected executive (mayor- council), but it was preferred by only 18/. The response to other questions on the questionnaire indicated that Bozeman residents generally support the city manager form of government.$ Some questions on the survey revealed dissatisfaction with Bozeman's city government. Citizens were asked to rate the ability of local government to listen to their opinions. Twenty -one per- cent thought it was good, 32/, adequate, but 43/ thought it needed improvement. Fifty -six percent, when asked, agreed that "if offi- cials would listen to the people's opinions more often, we would have a lot better government in Bozeman ". Only 15.6° disagreed and 279/o were neutral. People basically support efficiency, but they would like the government to be more responsive and more re- presentative. The method of selecting the mayor has been questioned.9 Though the powers of the mayor are the same as those of the commissioners, additional time is demanded of him for his position. Some think it would be more logical to select a person who was interested in per- forming the added duties of mayor rather than depending on the per- son receiving the most votes. Boards and commissions provide for some citizen control of pol- icy direction in local government. This contribution is limited to the jurisdiction of each board. Selections for these positions are made by choosing from people who are interested in the activities of various boards. Little effort is made to advertise the positions to the public when they become open. This limits the representation of the boards and commissions. 3.3 SERVICE DELIVERY STRUCTURE Functions and services provided by the city include: 1. Financial administration. 2. Record keeping. 3. City elections. -10- Public Safety and Judicial 1. Police protection. 2. Fire protection. 3. Judicial. 4. City attorney. 5. Inspection - zoning and building codes administered and enforced. Service 1. Street maintenance 2. Water and sanitary 3. Sanitation - disposal 4. Sewage Disposal. Public Welfare 1. Parks. 2. Library. 3. Band, 4. Cemetery. City- County Services 1. Recreation. 2. Health. 3. Planning. - storm sewers street lighting sewers. of solid waste. 4. City - County Detective team. Observations and Conclusions All department heads were interviewed by the study commission. They were asked what their duties, budgets, and working relation- ships with other city and county departments were. They were also asked whether the present form of government allowed them to carry out their functions and what changes they would recommend to in- crease their ability to provide better service. Minor recommendations for change were made. A few people suggested that the study commission look at the possibility for city - county cooperation or consolidation in several areas. No one suggested that the form of government be changed. Many de- partment heads thought that they could improve service to the public if they had more personnel and larger budgets. Most felt that they were managing to deliver service as best as they were able while they were handicapped by limited budgets and rising costs. Citizens were asked in a survey to evaluate local services. The service rated least effective was street maintenance, although there was some variation in ratings of other service, street main- tenance was most consistently rated low. The Street Department head is aware of the criticism of citi- zens. He is concerned that few people appreciate the problems of street repair in winter and the adverse soil conditions of Bozeman for street construction. Services designated by more than 25% of the citizens sur- veyed as needing improvement were: streets (77 %), snow removal (47/), and the library (28 %). In order to focus citizens' attention on services and to discover importance of improvement of those services, people were -11- asked the following: "If you were in charge of Bozeman's city government and had the power to take funds from one service area and redirect them to another, from which area would you take them and into which area would you redirect them ?" Only 25% had any idea where they would take the funds. Fifty -three percent were willing to suggest where they would redirect funds. Of the 25% who would take funds from one source, most (38 out of 102) would take funds from Parks and Recreation. Of the 53% who suggested redirection of funds, most (85 out of 180) would give additional funds to street maintenance.8 The survey indicated that there was little dissatisfaction with city services except for street maintenance and snow removal. The survey also revealed that there were no sectional differences within Bozeman in citizens attitudes towards provision of services by city government. 3.4 REVENUE, EXPENDITURE, AND DEBT Revenue for the operation of local government is based on the city tax levy. Income of $16,555 per mill levied supported the budget for Fiscal Year 1975 -76. The total tax levy was 76.7 mills. Sixty -five mills were set as the all purpose levy to fund operations of the general city government. Additional millages were levied as follows: 1.7 mills for Police Reserve Training; 2.5 mills for Health /Medical Insurance; 1.5 mills for special Public Safety; 1.0 mills for Liability Insurance; 4.5 mills for Debt Service, General Obligation Issues; and 0.5 mills for Special Improvement District Revolving Fund. Total Tax supported funds for this fiscal year are $2,311,132.7 State Statute limits the all purpose levy to 65 mills for municipalities. Special additional levies are also allowed, such as those listed above. In 1970, each mill levied raised $10,750. By 1975, it had increased to $16,555. The number of mills levied has also in- creased. In 1970, 56.6 mills were levied, and by 1975, that had increased to 76.7 mills. Major capital improvements are financed by other sources of income. In some cases assistance is available from the Federal Government (revenue sharing, grants, etc). In other cases general obligation bonds and revenue bonds for Special Improvement Districts are sold. State statute limits the indebtedness a municivality can acquire to 5% of the total assessed valuation of the city for General Obligation Bonds and 10% of the total assessed valuation for Revenue Bonds. There is no limit on indebtedness for Special Improvement Districts. In 1975, the assessed valuation for the city of Bozeman was $61,644,534. Total debt from General Obli- gation Bonds and Revenue Bonds is $4,720,000, which is less than the $9,246,681 maximum allowed. -12- Observations and Conclusions Growth and development of Bozeman and the surrounding area has resulted in increasing property values, indicated by the in- creasing revenue obtained from the mill levy. To date, income derived from the mill levy has been adequate to finance operations of city government. The rate of increase of the value of the mill levy has not kept pace with the increase in local government oper- ation expenditures. This is illustrated by the increase in the number of mills levied each year. City Manager, Harold Fryslie, suggested that city government was entering its last years of comfort and prosperity. He reported that the fiscal condition of the city was deteriorating, and that a collision between costs and city revenue was no more than two years away. Requests for new programs, additional services, in- creases in the cost of supplies and labor for existing operations, and demands for increased wages have strained city finances. He concluded that the city must either find a way to reduc its per- sonnel or services or be able to increase its revenues.i0 Adoption of self government powers would allow more flexibility in dealing with this situation. 3.5 POWERS AND AUTHORITY OF PRESENT GOVERNMENT Municipal government does many things. The main function of local government is provision of services which vary from protecting life and property of citizens by police and fire departments, to maintaining streets and parks; supporting the welfare of citizens with clean water, solid waste disposal, orderly community growth, recreational facilities, and reading materials from the public library. The Bozeman City Commission can: 1. Create special improvement districts; 2. Adopt zoning regulations; - 3. Adopt.a budget; 4. Hold public hearings on various proposed actions (see 1 -3); 5. Proclaim special occasions (ie. Library Week); 6. Issue a call for bids on equipment and /or projects; 7. Issue gambling, beer, and wine licenses; 8. Hire the city manager, clerk of commission, and police judge; 9. Appoint citizens to advisory boards and commissions; This list represents some of the duties of the city commision. In summary, the commission constitutes the governing body with the power to create, establish, abolish, and organize offices and fix the salary and compensation of all officers and employees, with some exceptions. It can make and enforce local sanitary, police, and other regulations; pass such ordinances as may be expedient for maintaining and promoting peace, good government and welfare of the municipality; for the performance of all the functions thereof, and to carry out and put into effect all the powers by ordinances, res- olutions, or orders that now are or hereafter may be granted to municipalities by the constitution of laws of the State of Montana.6 -13- Observations and Conclusions Municipal government currently operates with powers limited by the "Dillon Rule ". This means that if there is any doubt about whether the city commission has the authority to do something, that authority is denied. Bozeman's city commission can do only those things that the State Legislature authorizes it to do. The State Legislature grants authority to local government to provide services. For instance there is a state statute which allows local government tolicense dogs. The government of Bozeman can license dogs, and the commission has the freedom to do it the way it thinks best. It could not license dogs at all, however, if it had not first been given the authority by the State Legislature. The list of activities given above describes some of the many things the city commission does. All are allowed by state statute. Without a specific grant of authority, the commission would either not act, or would seek permission from the state legislature to do what was needed. City attorney, Ben Berg, recalled a time when citizens wanted to build a municipal swimming pool in conjunction with the school district. It could not be done because it was not allowed. Mr. Berg then proposed a bill that would allow the city to enter into an interlocal agreement with the school district to build a pool. The bill was passed and a pool has since been built. Mr. Berg suggested that self government powers would allow the city to Ao some long range planning without interference from the state.l City manager, Harold Fryslie, has cautioned that the city of Bozeman cannot be autonomous. It is a creature of the state. There should be a state -local partnership. The partnership should be that of co -equal partners, an adult -adult relationship rather than parent -child as it is now. Mr. Fryslie concluded that we have nothing to lose and everything to gain by establishing such a relationship.11 Operation of city government under the Dillon Rule has mod- erated and guided the activity of government in the past. More rapid growth of Bozeman and the surrounding area has created more pressure on local government to respond. More services are being demanded. If these demands are to be met, additional sources of income will be needed. If local government continues subject to the Dillon Rule, it will need to depend on the legislature for grants of authority to do what is needed if that authority is not now provided. With the legislature meeting every two years, some delay may be experienced in getting needed action. Some relief will be given to local governments by the new constitution, even if local government continues without self government powers. Under the new constitution, the powers of local government have been significantly changed. The new constitution provides for a dual.level system of local government powers. The first -14- level is general government powers and is similar to present local government powers. A local government unit with general government powers will still rely on the legislature for grants of authority to act in specific areas. There are, however, significant differ- ences even at this level. Grants of power to local units are to be liberally, rather than narrowly, construed, ie. courts inter- preting the law must ggive preference to the local government's right to exercise a power.1z Adoption of self government powers will foster the development of an adult -adult relationship with the state rather than the pre- sent parent -child relationship. 3.6 DEGREE OF PUBLIC PARTICIPATION Public participation in local government can be measured in several ways. Attendance at city commission meetings and hearings; attendance at meetings of advisory boards and commissions; the interest of citizens in running for the city commission and in serving on citizen boards and commissions; and voter turnout for city elections indicate citizen concern. Attendance varies at city commission meetings depending on the business being considered. The same observation can be made about advisory board and commission meetings. Voter turnout for city commission elections has varied from 20 -309/o of the electorate. Citizens were asked questions about local government to determine their general knowledge and interest in it. Sixty - eight percent knew the name of the city manager. Only 39% knew how many city commissioners there were. When asked whether they had ever attended a city commission meeting or a public hearing 32% said they had. Thirty -three percent said they had contacted a city official because they had been upset with a particular action of city government. When asked to evaluate the statement: "A good many local elections aren't important enough to bother with," 80% disagreed.8 Observations and Conclusions The commission manager form of government limits formal citizen participation to those persons who are elected as com- missioners or who serve on advisory boards or commissions. The businesslike or anizati on of this form of government depends upon a short ballot few elected officials) and capable executive leadership. Because of the businesslike efficient nature of the com- mission manager form, citizens sometimes feel that they are not listened to. This was indicated by response to questions on the citizen questionnaire. Citizens were asked in two different ways whether government would function better if officials listened to citizen opinion more. In one case, 43% agreed, in the other case, 56% agreed. -15- Interest in local government can be evaluated more accurately by actual voter turnout than by'what citizens said about the im- portance of local elections on the questionnaire. Voter turnout in Bozeman has traditionally been low, usually less than 30% for local elections. This is characteristic for cities with the commission manager form of government.13 More citizen interest and participation in local government would be desirable. It might be stimulated by election of com- missioners from districts, separate election of the mayor, the establishment of community councils and by self government powers. Broadened participation on appointive advisory boards and commis- sions might occur if more effort were given to bringing openings to the attention of citizens. -16- SECTION 4 DESCRIPTION OF PROPOSED FORM OF GOVERNMENT AND REASONS FOR THE PROPOSED CHANGES The city of Bozeman has operated under a commission- manager form of government for many years. The Montana commission - manager law (Section 47A -3 -204 RCM, 1947) provides that an appointed manager is the chief adminis- trative officer of a local government. It leaves no doubt that this person is in charge of running the county or municipality on a daily basis. The manager, accordingly, is empowered to ad- minister local governmental affairs; direct and supervise all departments and agencies; prepare and execute the budget; ap- point, suspend, remove, and be responsible for all employees, and prepare the commission agenda. The commission under this form of government, however, is clearly in "the driver's seat" in terms of being responsible for the government's policies and direction. The commission is an elected ordinance - making body and the depository of all the county's or municipality's powers. Commissioners appoint the manager on the basis of merit for an indefinite term and can dismiss the manager with a majority vote. The basic ration- ale of the form, however, is strict separation between policy - making and administrative functions. The alternative proposal made by the Study Commission must offer some change from the existing form of government. The change may be quite different from what exists or it may be very slight. The Bozeman Study Commission on Local Government is recom- mending a charter which describes the commission- manager form of government with self government powers as the alternative form for the city of Bozeman The new constitution provides that local governments can choose to write a charter." A charter is a legal document which defines the structure, organization and powers of the local gov- ernment. Any local unit of government writing and adopting a charter is granted self government powers and may exercise any power not prohibited by the constitution, state law or local charter. Under the 1972 State Constitution, the potential power and authority of city government has changed significantly. Tradi- tionally and legally, the power over governmental concerns of cities has been the prerogative of the state legislature which decided what city government should do and how it should be done. Cities have operated under what is known as general powers. Adoption of self government powers would change the tradi- tional relationship between the city and the state. Certain areas of control would be transferred from the state legisla- ture to the cities. Many decisions that are now made on a state wide basis by the legislature could be made by city government. -17- State wide uniformity would still be mandated in certain areas. The details as to how much control over uniformity will be main- tained by the state, will be determined by the 1977 legislature. Self government powers would mean greater power and responsibil- ity for city government in dealing with problems and the wishes of local citizens. All local governments will have General Government Powers unless they adopt a charter or an alternative form which speci- fies that they shall have self government powers. Because a local government adopting SELF GOVERNMENT POWERS will be free of all restraints not specifically applicable to such units, the State Commission on Local Government has drafted proposed legislation to limit certain powers which could other- wise be exercised by self government units. This proposed leg- islation sets out four categories of limitations. The first of these is powers denied. Within this category, local governments are denied the power to affect private -civil relationships, labor law, public schools, and certain determinations by State agencies. The second category of limitations is powers which require delegation before they can be exercised by a self government unit. These include the power to exercise a judicial function, to impose a duty on another unit of local government and the exercise of extraterritorial powers. Perhaps the most contro- versial of powers requiring delegation is the power to levy any tax on income or the sale of goods or services. The third category of limitations protects the jurisdiction of State agencies by prohibiting the local government from estab- lishing standards less stringent than those established by the State in areas affirmatively subjected to State control. What this limitation means in practice is that a local "government can not, for example, adopt health or safety standards which are lower than State standards; but a unit of local government can adopt, if local conditions require, standards which are higher. The final category of limitations imposes certain duties which local units must carry out as agents of the State. In- cluded are such items as the conduct of elections, record keeping, debt limitations, and accounting procedures. Even with these limitations, local governments adopting SELF GOVERNMENT POWERS will have the freedom to determine their own internal structure including departments, boards, bureaus, and commissions; and to determine the type, level, and method of providing services such as roads, health services, fire and police protection, libraries, parks, water and sewer service, and solid waste disposal. Self government units will have the power to determine their rate of taxation, and type of taxes to be levied with certain exceptions. Thus, they could establish the property tax rate and utilize a number of other revenue sources such as payroll tax, license taxes of all sorts, fran- chise tax, severence tax, bulk receipts tax, and privilege taxes, but could not levy any sales or income tax without specific au- thorization from the legislature. IM Enough questions were raised about the power of the city commission to determine the property tax rate to cause the Study Commission to write a charter limiting that power. This limit will allow the city commission to levy up to the amount provided by the legislature for general powers governments. It will also allow the local governing body to increase that limit if a ma- jority of Bozeman voters approve such an increase in a city elec- tion. The mill levy limit is currently 65 mills for municipal- ities. If some future legislature increases it, the new limit will then apply to cities. If they do not increase it and an increase is needed for Bozeman, the city commission may propose an increase to the people. With a majority approval in an elec- tion, the mill levy limit may be changed. Election of Commissioners Bozeman city commissioners are currently elected at -large for 4 year overlapping terms, on a non partisan ballot. Three of the five commissioners are elected at one time and two are elected, two years later, at the regular city election. The charter proposes that five commissioners continue to be elected on a non partisan basis, but that three commissioners be nominated from within districts apportioned by population and that two be nominated at- large. All candidates would be elected at- large. Those running from districts would be required to live in the district from which they are a candidate (Article II, Sec- tion 2.01, (5)). The two at -large positions designated as mayor and deputy mayor would be elected for four year terms at the special election on April 5, 1977. The three commissioners elected from districts would be elected for two year terms at that special election. In years following this special election, the commis- sioners would all be elected for four year terms at alternate regu- lar city elections. The special election on April 51 1977 has been set by state law to facilitate the transition from one form of government to another. This special election will take place in all counties and all incorporated cities and towns in Montana. It will take place whether the voters approve the adoption of a proposed change or not. Reasons for Proposed Change The previously mentioned survey of local citizen opinion8 indicated some dissatisfaction with the apparent unwillingness of local government officials to listen to them. The Study Com- mission feels that the election of some of the commissioners by districts may cause those, so elected, to be more responsive to residents of their district. A recognized danger in this method of electing commissioners is that they may become overly respon- sive to the citizens of their area. This may result in less con- cern for issues that affect the whole city and may cause a lack of harmony among commissioners. Election of all commissioners by the total electorate of the city will reduce the likelihood that these situations will develop. -19- In the district or ward system, as commonly practiced, the candidates are not only nominated from districts, but they are also elected from within districts. The suboption does not pro- pose this. It proposes that candidates be nominated from dis- tricts, but that they be elected at- large. Election of Commission Chairman or Playor At the present time the city commissioner candidate receiving the highest number of votes at a regular city election serves as mayor during the last two years of his four year term. The charter proposes that candidates run for the position of mayor. The person so elected would be the fifth member of the com- mission and would be a voting member. The candidates for mayor would be nominated from the city at -large and serve for four year terms. In the event that the mayor does not complete his term of office, the charter requires that the deputy mayor shall fill the vacancy until the time of next regular city election (Article II, Section 2.0¢ M). The charter states that the person elected to the at -large position, not designated as the mayor's position, shall serve as deputy mayor. Reasons for Proposed Change The responsibilities of the mayor involve chairing the city commission meetings and representing the city of Bozeman on vari- ous occasions. Since additional time and responsibility are re- quired of the mayor, the Study Commission has concluded that elec- tion to the position should be separated from other commissioner positions. In the past, the chance that a person could be elected as mayor by simply receiving the largest number of votes has de- terred people from running who were interested only in running for a commissioner position. Designating the position separately may encourage more people to run, as well as, more capable people to run for the office. Suboption Study Commissions are permitted to submit no more than three suboptions to the voters, in addition to the alternative form of government. If the alternative form is not approved by the voters, the suboptions will not pass. If the alternative is approved, the choice within each suboption receiving the most votes will pass. One suboption is being submitted to the voters. It concerns the formation of community councils. Community Councils Community (or neighborhood) councils are a means of encour- aging citizen participation in local government. They are also a means of providing a vehicle for the citizenry to discuss their needs, problems, and dissatisfactions with services being provided to them. Such community councils may be established by ordinance, but they have not been established in Bozeman. -20- The Bozeman Study Commission on Local Government is providing the citizens of Bozeman the opportunity to determine whether com- munity councils shall be elected or whether it shall remain the pre- rogative of.the city commission to establish such councils. The Community Councils are described in Article IV of the charter. If the suboption to establish community councils fails then Article IV will be deleted from the charter. If a majority of the electorate vote to establish such councils, they shall be three in number and elected from the district within which they reside and elected as prescribed by ordinance. Each dis- trict shall be apportioned by population and each community council shall consist of at least three members, they shall exist for the purpose of advising commissioners. They shall not have authority for decision making and shall serve without pay. Reasons for Proposed Change It has been previously mentioned in this report that a number of individuals testifying before the Local City Study Commission expressed a need for some vehicle through which they could better express themselves to city government officials. The Study Com- mission believes that community councils could provide an additional vehicle to serve this purpose. The Study Commission also believes that such councils can provide a vehicle for city government to com- municate more effectively with the general public, resulting in a better understanding regarding decisions made in city hall. A bet- ter understanding between the public and city hall should result in greater satisfaction to those serving the public and to those being served. The Study Commission believes that if the electorate votes to establish community councils, then these councils should, by ordin- ance, be directed to meet regularly according to a predetermined schedule. They should occasionally meet jointly with all community councils in the city, and all meetings should be advertised and open to the public. Charts There are four charts on the following pages which describe the organization of the present and proposed forms of local gov- ernment. The first chart is a detailed diagram listing the de- partments and advisory boards of the present commission manager form of government. Chart 2 generally describes the organization of the present form of government. Chart 3 is also a general out- line, but of the proposed commission- manager form of government described by the charter. The last chart (4) compares certain key characteristics of the present form of government with key characteristics of the proposed form. -21- oW W H ,7. U O H 0 0 H 7 U U o� H Hd ~ Q N CCCO777 z $ 0 H m L 0 0 a m +� 1 ,1 a+ 0 ,SyC U U 41 U 0 00 Fi (H� a� 0 oz oc� a v � o 0v o w U :+ W N ri a a A Q O ci o (V aai q A cu Ci O G y O 47 !A Ll a r+ u c� Q -22- C W . I cw�i a o� W w {5•. 6WP. W A oz a o�H W W H A z C7 OH Owl C, QQ H am C7 10 of o pq El Cl) H P. 0 Fa A v Cy7 H U "a C7 H H H a H O U d a 0 H H H �i C'J O Be O PEA W 0 H H O U H W U] F-1 O O Pi U P Cd n� a o U200 QQ2 +� Fl -,A bO O Cd PPi- Cd Cdd di Fl -23- 9 0 .,l co 0 U 1", O Cll r-A P U] O P4 co U F-1 co N U 3 O P-I N r� cd U2 N �I O P-1 Pi Cd m O -P -P O U S- 0 b N cd 0 a� E-� . ' ri) �>, O O PA O Pt m O Cd p U2 O ca H a2 cd x +' cd O -N U �1 Llp Ri R3 • U O o ,b U U (U (ll • 4 O Ul 3 Rt U2 ,-i rd N •rA 0— p o cd � m � Pq 0 O a3 -P Cd to o� �-4 w . �oa2 1 bD -N Cd •rUi F 0 wo Fa 1 co cd U2 ••�i U2 O U co 0 () U U r— { U U U �4 Cu W -F -�, 4-:1 F a2 v -I-' r ( �i Cll U2 U1 U •r{ �i U •r-I P o 4-34 U2 P, •r{ O F t Cd co O rc) �A rIG1 O ;-I O O F{ (V U H w � F-1 O O Pi U P Cd n� a o U200 QQ2 +� Fl -,A bO O Cd PPi- Cd Cdd di Fl -23- 9 0 .,l co 0 U 1", O Cll r-A P U] O P4 co U F-1 co N U 3 O P-I N r� cd U2 N �I O P-1 Pi Cd m O -P -P O U S- 0 b N cd 0 a� E-� . ' ri) �>, O O PA O Pt m O Cd p U2 O ca H a2 cd x +' cd O -N U �1 Llp Ri R3 • U O N P 'J U O c� Q PPi O O H H N w cn 0 PP4 O Pi W cll -F' cd f-I O U 0 r-i W rl 0 .r-i -P 0 (1) a) U1 .H 13 cd O cd s~ a) bO (d rl I cd U. U H W co -F� U CU � r-I -N . U Cft cd rd o p 4--1 U) p (a) 3 0 W a) cd m N a —24— �d (mod Cd W (v co O H Q) �. •rf F-1 `,�•� P c W, 0 .—I ca 0 U N ,s cd � O a) H u� O PA (ll F-t U9, � {-' PalP+ m v a) 0 U 0 Id a3 O (v N Ul o Cv o O O —i H P, Pa � U N Q) rd �> PA CU rd cd o Q) U) � cd Q) cIj q � I Q) a) -Y m 0 3 ',> m o, i P,. U U� U 9 -P (1) O �-i O -P •r1 --3 cd W Pi 3 +' PA `d � Ul' -el ca r-i O P� s! d (D ' 1 r�l O O o pq PA ' Q) —24— �d (mod Cd W (v co O H Q) �. •rf F-1 `,�•� P c W, 0 .—I ca 0 U N ,s cd � O a) H u� O PA (ll F-t U9, � {-' PalP+ m v a) 0 U 0 Id a3 O (v N Ul o Cv o O O —i H P, Pa � U N Q) rd �> PA CU rd cd o Q) U) � cd Q) cIj q � I Q) -N -Y m U) ',> U O cd U U� U 9 (1) O r I O (d co N H +3 -11 (d Ici W �i Q) eya `d � 4-3 4-I O OH r-i O P� s! � r-I 1 r�l o 4 ' Q) H U 4 1 cd (I) O U1 1 r I '� U) O cd 0r 3 o 0 to � Q) rd rd C U Pi 3 C!3 P (D rl o M � cti (L) a) hO O O a) (d U rl O `I co )� �, �i �, N co •ri O O 4-3 rd r I f I � (1) a) 4-:) O Pa n N O bO ld -H O • �> u1 O U cd ,O co 0 N rd U 10 FTi r-i � (d r-I •--f Pi —24— �d (mod Cd W (v co O H Q) �. •rf F-1 `,�•� P c W, 0 .—I ca 0 U N ,s cd � O a) H u� O PA (ll F-t U9, � {-' PalP+ m v a) 0 U 0 Id a3 O (v N Ul o Cv o O O —i H P, Pa � U N Q) rd �> PA CU rd cd o Q) U) � cd Q) cIj q � e w I •� U U� U 9 (1) O r I U1 •,i (D �j Ici W Q) 0 4-:� N o r-i o 4 ' Q) 03 U •01 Pi 4-> • O • '� P 4-�' co U2 p (U o [a Q) (v � P� U -N Pi 3 0 `I FA .-I U �.O O O O 4-3 rd -{-D U U) Q) Pi O • •r-4 -}Y O U cd ,O N rd U 10 5i a) O Kl r-1 Cl1 —24— �d (mod Cd W (v co O H Q) �. •rf F-1 `,�•� P c W, 0 .—I ca 0 U N ,s cd � O a) H u� O PA (ll F-t U9, � {-' PalP+ m v a) 0 U 0 Id a3 O (v N Ul o Cv o O O —i H P, Pa � U N Q) rd �> PA CU rd cd o Q) U) � cd Q) cIj q � E-q oa 0 wo O o 0 co 0 PTA H W A EA r w 'Z co O U F4 0 ) Pi 0 W O WW pq H H N O O H m Q) H 0 O -P O C'3 4� 0 0 w rd n) m 0 Pi O I +'3 O 0 4-a O 0 w a) m a) H Pi fd U m O r0 r-4 �' . I (Do m o cd . o o • 4-I o cd m •ri (1) m 4-I 4 4 4-I H o i� 4--" a) •11 H 0 0. 4 -i-' +1 o 0 +� 3 o Q) (1) ,' H CO U 3 rd () � i-) 4-1 i-> •ri -,4 m p 9 Pr • � U a) m 10 O +� o hO 0 V o cd cd r-4 -N CO U r-i (1) a) •ri � ri P O r1 m •ri 0 -r-i •ri Pa 9 o i, rd 9 +� -r-i i> +' (1) U (1) m •rI •r-I ri m ',� m •ri Pi cd 4-3 •r{ Q) 9 (1) 3 •r i •ri p H A H •N rd +' cd +> •I� +D m CO •rj X! 4-3 ri cd H a) cd -E' 0 cd a) 0 ro 1~ •ri r1 ri (1) -P a) rd +- 4 i H U U Q) 0 hO H m o P P-1 P (1) A Foi � ci-d 0 hO PH0roc+'d Pi a) P, ri hO -P f t 9 a) m r-I � � a) •ri - 0 o LID a) a) 0 9 m m o cd 3 ri +� •ri Pi (1) +' H i� 43 •ri 9 " H -r -I o H �; Q) P-1 Q) •r H m a) i-> -P m N - .H P. 9 •11 (L) O H ow 0 0 P+ rryi m �ti �t U Q) `,-) (Ti rd a) -P o m Pi P-1 cd rl-, Ca m N El q•rl cd0 o3cd H+3�9N C) 3•rim m .N Omo rd hO o (1) •ri 4- (1) ;J •ri o +3 •ri Q) Q) H 0 U cd �>, 4-i rd H O +' r-i •ri Pi +' F-c H U rd H o 4-I • +' 9 i-� O Q) 4-4 r-i 4- r, •r-{ CO Q) cd -P r-i Q) •ri H ;� 0 to •ri O (1) •ri H • r-1 Q3 •ri r0 rd r-i m cd m O 3 Q) ((16 H m +� X! O m •ri i� Q) -P •ri H m r-I U rdi is O Q) 3 rd H rd 'r -I CO H 44 4-3 8 cd 0 •ri A r-I 4 O Q) � O H r1 hO m (1) U cd hO H U O +3 (1) O O r-i +3 O C� O •ri 4-i Q) cd O rd Pi i4-� s� •rri 0 3 Fri ra r-i ice-' r-i 3 C-4 o -'� � m cad a0) -E fd U m O r0 r-4 �' . I q I H 'C'-r U O I 1 cd H O m O a) m (1) 1 m PLI P cd hO (1) 3 +� m 15-11 cd q q +3 (1) a) m F! � Oa)H4--' - a) a) A 9� 01 m 19 i Q) () cd m H 3 � a) -P a) rd +- rd o cd •ri 4 mUtO ma) o�r4i-3 i� PH0roc+'d s~ +) a) a) a) rd 4� H aH) P cd (1) aH) o o o � i� 111 m o -P H � (1) m (1) 9 +� rA 9 (1) •ri o d o cd •r H m o M •ri +) hO 0 m 1 o ri 4-1 H d Pi cd H r, " P •r-♦ •ri 4-3 •ri Q) 4-1 a) Q) rd m ,5i a) Q) 9 cd m rd cd m o Fa r! H (1) • . •r1 H o y r-i (1) 'd o S"q m m rd H 0+)' Q) � F4 0 Q) O cd m •ri U �O •ri �rd •r1 �j 4� o CH 9 cd o N ',> Q) O 04 U ri +- O U r0 Q) c00 o � H y, 4-I 09-,j -P �, ;Jr-4 +' cd ;� O •ri hO4-3 H U hO.1 -� 4 I N H -N cd O rd U O rd X' r-i m -r-i •r i cd r-1 Q) (1) •ri U c) a) (1) U (1) Q) Q) m m m s: 4-♦ a) rM H i--' O +3 r-i 4-3 Q) 4-1 9 -1 (1) O C� O •ri co (1) cd m r-I K\ cd Q) N cd H cd O rd Pi o U b.0 Fi ' m H d g,' �>) O co CF11 d- (1) rd i-D +3 cd Q) m ',, U cd +� � m r-i Fi N N m •ri .•9Ug4 FA4 --'cd H cd o) a) a) � m+' ocd� a) F1 H +r�� -yi -P 'Cd a) O W rd Po-1 r� 02 hO H 9 H cd +� cd O O N a) r-4 cd 0 Pi Pt � F-I � 54 -P }�• p o rl 0 Pa o m cd od��orq cod �m • uo' • C))� 10 F4 mam)�' ai cd ate) m CH r-i cad -P rd •ri 4) (1) rd 0 •r-I •I� 0 -( o 3 a) � Cu Pi o� 0 9•Fi o •ri+; 0 0 Fq0 UH o -P -PH cd Q) to m cd U H U -P 0 rd ri N El H �>, O N Iq •U? 0 P H O Pi O 0 -25- m U .-I CH CH O �i W 4-I A H O H w co O Q) Pi i' pq P4 EH pq O N U) H W P, O O • Ei � O 00 0 F-4 FTI, (D O MN PI H W W O U) PA �O c� P-, W oll H H N O O E-j �'ri 4-' H d, cad o CO X •-i o ;::I -,-A 4-A cd4-3 4--".-1 �>) Isl O i O• -i --i �! o F I O O O •r-I U co U] •�-{ Il� i OH U 4-' 4--) N U] iti U •r♦ U xi �i U Fi -li O O I' U N P Ft 4-D' •ri O 4D 4-) F-q Pi cd co U 04-3 O O Q) a) ,ai U •0 3 O �n ,� a) W U �cqdr rI co 4-3 gj, M O U2 • 4-3 r-i .ri N Qi (1) N • 4 m 9 cd F'a •U � H -H cd U W N 4-) M cd •ri O Q •r-i ,Q U U.2 co Xi �:5 4--" r-i (1) rd Q) FA p O 0-11 +� ro •ri U cd 4- Pi U • 'd U1� �' N -f-� % U •r-i O C3 `H 03 .o O ;j O Fa U) U2 U U41+i) o U U cll N FA rd •11 F A -P -P `d O FI U U) 41 U CO U -Y N O rl 'd co O 'd U • o Pa rA '� r-4 Q) U f� O O N P,,q; U cd U � O N U] • U1 r-i �Q) C� o •-1 c7 �> w Q o IH o Pa O • UJ •H U1 o zJ cd -P Q) u2 -P cll co i 9 cd -14 PA F-I FA Id rd P, ri cd 4-" N i-� Q) o O U� H H W U U1 U H O O OU FLt r51 N N x H U U _7ti_ BIBLIOGRAPHY 1. Lopach, J. and Koehn, P., Local Government Review - The Spirit of 1976, Bull. 345, Cooperative Extention Service, MSU, Sept. 1974. 2. Burlingame, Merrill. The Bozeman Daily Chronicle June 30, 1972. 3. County Profiles; Div. of Research and Information Systems; Montana Department of Intergovernmental Relations; April, 1974. 4. Bozeman Area Growth Study - A Report to the City of Bozeman; Page 5 -6; Bozeman City /County Planning Board; July, 1975. 5. Human Resource Situation Report, District IX; January 8, 1975. 6. Fryslie, Harold. Overview of Bozeman City Government; February 10, 1975. See Appendix D. 7. The City of Bozeman Budget Document for Fiscal Year 1975 -1976, Page 5. 8. Local Government Survey, July 1975. See Appendix B. 9. Testimony Presented at a Public Hearing; Page 2; September 8, 1975. See Appendix A. 10. "Collision Course Looms in City: Fryslie.11 The Bozeman Daily Chronicle, January 4, 1976. 11. Minutes, Bozeman Local Government Study Commission, June 2, 1975. 12. Voter Review of Local Government; Page 27; Local Government Review Bull. Vol. 2, No. 5; June 2, 1975. 13. Alford, R.R. and Lee, E.C., Voting Turnout in American Cities, the American Political Science Review, 62 :796 -813, 1968. -27- APPENDIX A TESTIMONY PRESENTED AT A PUBLIC HEARING conducted by the Bozeman Local Government Study Commission 8 September 1975 Chairman Torlief Aasheim opened the public hearing at 7:35 p.m. in the Commission Room of the Municipal Building. Those present were: Torlief S. Aasheim Joyce Greenough Judy Mathre Ken Jones Keith Swanson Linda Praye Howard Nelson Robert A. Taylor E. Van Dyken Eleanor Pratt Grace Bates Paul Trout Florence Trout Helen Lockwood Monte Lockwood H. L. Dusenberry Don M. Langohr Doris Ward Tora Diteman Duncan S. MacNab George McClure Jr. John P. Parker Herb Hruska Hazel Brandt Ed Mohler Erwin Lachenmaier The following discussion and testimony was had. Hazel Brandt began by asking the Study Commission about possibilities for consolidation. If Bozeman disincorporates who will take over? Will regional government occur? Mr. Aasheim answered that some consolidation with the county might result in greater efficiency. Keith Swanson and Ken Jones said there was no regional government being considered. George McClure stated that he wanted Study Commissioners to consider election of city commissioners by district. He suggested that city commission meetings be held in the evening so that those who work during the day could attend. In addition, he hoped the City Commission would set aside one meeting per month for questions from the public to commissioners and /or department heads. Mr. McClure explained that he had experienced difficulty in getting answers from city officials and thought this would help remedy that. It would make government more responsive. Howard Nelson said that he supported the city manager form of government. The manager is free to consider the needs of the city while the mayor is available to citizens to respond to their needs. Mr. Nelson favored nonpartisan elections and said he thought consolidation of certain areas should be considered such as the ambulance and law enforcement. Greater efficiency might be achieved. Page 2 8 September 1975 City commissioner Robert Taylor stated that the city was lucky to have such few problems. He suggested that the mayor might run for that position and that the current method of e- lecting the mayor was not the best. Eleanor Pratt suggested that city commission meetings be held in the evening so that more people could attend and sup- ported having city commissioners opinions recorded. Elections should continue to be non partisan. Terms of office should be four years and staggered. The number of commissioners should be increased to seven to increase representation. The city should be divided into districts and people who live in the dis- tricts should run for the district position. Mrs. Pratt said citizens of Bozeman would feel that they were better represented this way. The method of electing the mayor is not the best but Mr. Taylor's suggestion might not be the best method either. Mrs. Pratt thought only one person might run for the position of mayor. Mrs. Pratt asked the Study Commission how much change was needed to constitute an alternative. Ken Jones answered that very little change was needed and that three suboptions could be offered. Ken Jones asked George McClure to clarify what he meant by the administrative changes hesuggested. How could they be made structural? Mr. McClure said he thought some changes that were administrative could be made structural. John Parker asked George McClure if he wished for people to vote for city commission candidates by district. Dr. Parker objected to voting by districts because he thinks all city vot- ers should have a chance to vote for all city commission posi- tions, even if candidates run from districts. Mr. McClure said he was not strongly in favor of voting by district, but he was in favor of running from districts. Herb Hruska stated that he thought some areas of town had transient populations which would make a difference in voting patterns. He supported at -large elections. Bob Taylor said he favored at -large elections. He also did not want to elect commissioners by district. Such a system would lend itself to chaos. Commissioners would represent only their district and Bozeman is too small for district representation. Howard Nelson suggested that political precincts could be used to encourage good people to run for office. Also with more consolidation there might be less government. He said he did not want too much government dealing with one area of town. Torlief Aasheim pointed out that the citizen's questionnaire indicated people were pretty evenly divided on whether commis- sioners should be elected by district or at- large. Page 3 8 September 1975 Paul Trout asked why opinion was even. He thought it indi- cated that something was wrong. It indicated that people wanted a more responsive government. They need someone to talk to. Mr. Trout suggested that an ombudsman who would listen to people might help. The present form of government is not serving. Don Langohr stated that he was frustrated by being allowed to vote for only one state representative and senator. Voting at- -large has worked well for the city and should be retained. Florence Trout said that she was concerned that because commission meetings were held in the day time certain people could not attend. In addition, only those whose work schedule was flexible enough could even run for office. The current schedule of meetings during the day encourages only those who have an axe to grind to attend. Mr. Aasheim asked if any people in attendance were opposed to the city manager form of government. Mrs. Brandt said she thought city services might improve with the mayor alderman form. She lives on the north side and thought the city slighted services there. The mayor at one time lived close by and the services were better. John Parker retorted that the mayor lived across from him and that the snow was as deep in front of the mayor's house as in front of his. Mr: Aasheim asked if anyone favored partisan elections. None did. He then asked about term of office. Robin McNab favored four (4) year terms because they allow commissioners to learn the first two years and then act from experience the last two years. George McClure said he was not sure that staggered terms were needed. Fewer elections would be needed if all commissioners were elected for concurrent four (4) year terms. Citizens could vote out all commissioners if they really wanted to clean house. Doris Ward explained that it would be difficult to find enough well qualified challengers if all ran at the same time. Mr. Aasheim asked if the size of the commission was too small. Tora Diteman asked if five commissioners are overworked. Bob Taylor said he favored five commissioners. Two more would add expense. There would be more exposure to the public but he could not see what it would accomplish in Bozeman. Mrs. Brandt suggested that the public should select the city manager. Page 4 8 September 1975 Mr. Hruska and Mr. Nelson both said no, how could the manager be fired then? The city commission now hires the manager and can also fire him. Monte Lockwood said the manager was needed for the day to day running of the city. If he were elected the commission could not tell him what to do since he would no longer be their employee. Mr. Aasheim asked what people thought about community councils. Herb Hruska said he liked the idea of an ombudsman more. If all the community council members attended commission meetings, it would be a mad house. The meetings would last too long. Bob Taylor said the city did not need another paid person. If people needed to talk to anyone they could talk to the city manager or his assistant. Robin McNab said the city commissioners are there for the public to talk with. Grace Bates explained that districts would give better representation. People wanted district representation because they feel that they are not getting answers. One person might be able to answer questions. The city and county both should look at the possibility.. Mrs. Bates questioned whether such a person should be elected or appointed. Mr. Aasheim asked what people thought about the integrating of certain city- county functions. Grace Bates suggested that the city judge and county justice of the peace could work together rather than having two justices of the peace. Mr. Aasheim said that county wide law enforcement exists elsewhere. People have suggested that it would work in Gallatin County. Robin McNab said he approved of combining facilities. Two dispatchers would continue to be needed. One can't handle all the calls. A city - county jailer might work. The current system works well. Reporter Ed Mohler stated that Boise, Idaho consolidated its law enforcement into one dispatching facility. He suggested that a serious look be given to consolidating facilities and radio frequencies. Mr. McNab said two dispatchers would continue to be needed because of the confusion about jurisdictional lines. Page 5 8 September 1975 Ken Jones asked about the population of Ada County Idaho (Boise). The population is 250,000. Mr. Jones suggested that Gallatin County with 35,000 could consolidate. Howard Nelson asked that the financing of such operations be investigated to see if savings could be effected. Eleanor Pratt asked whether consolidation would improve service and cost less. M r. Aasheim speculated that services would probably im- prove but that it was questionable whether it would cost less. Mr. Mohler said that Ada County had brought peripheral cities into law enforcement and that response time to calls had been cut from several minutes to 15 seconds. Mr. Aasheim asked about consolidation of streets and roads. George McClure said he favored any consolidation that would save maoney. He was concerned about services provided by the city to the county that county residents did not pay for such as the swimming pool, parks and library. The ambulance service was discussed as an example where the city and county both pay but the city pays less. The ambulance makes more runs in the city than the county. It was pointed out that the runs into the county are more expensive. Bob Taylor suggested that it would make sense to consoli- date the city shops. One mechanic could service both city and county equipment. He added that the city dump was used for some county dumping. Grace Bates said that a large part of the county was covered by a garbage disposal district which had its own dump. Mr. Taylor said if law enforcement consolidation is.proposed that the chief officer should be appointed rather than elected. A professional person would be needed and that was true with any consolidation. Mr. Aasheim asked Mr. Taylor whether he thought the city was managed better than the county. Taylor admitted prejudice and indicated he preferred city government. Mr. Taylor suggested that if consolidation were considered that law enforcement was the place to begin. Fire protection should be next. Grace Bates stated she has often heard that the sheriff's position should be elective since he is really a public relations person. She reported that Belgrade, Manhattan, and Three Forks Page 6 8 September 1975 had purchased a street sweeper together since no single town could finance it alone. They had also found it necessary to hire one maintenance person after having problems with different people from each community running it. Mr. Aasheim asked whether people preferred general powers or self - government powers. People seemed to be in favor of the idea of self - governing powers. Monte Lockwood said he favored home rule but would like to set a mill levy limit. Eleanor Pratt favored writing a charter to be able to limit taxation. Bob Taylor said he gets tired of the federal and state governments telling him what to do, but he was not sure whether he favored self - government powers. He thought different people should be elected at the state level. Judy Mathre asked whether planning should be coordinated more between city and county. Herb Hruska said coordination was needed over a larger area than the county. Keith Swanson explained that planning was so well controlled now that no one could do anything. Grace Bates asked about the problems the Horse Shoe Hills were causing. Wouldn't some planning help? Mr. Swanson answered that the city could plan to three miles from the city limit and could exert control there. He explained there were already enough restrictions. Mrs. Bates said deep wells were causing problems in the county because they were lowering the water table. George McClure said he had mixed feelings about planning since restrictions are not enforced now. Harold Dusenberry said there should be no changes unless money was saved or service improved. Grace Bates asked if partisan elections would not help the quality of government. There was no agreement that they would. The hearing was adjourned at 9:10 p.m. Doris Ward handed a written statement to Judy Mathre following the meeting. To the Bozeman Study Commission: Doris Ward 587 -4196 September 8, 1975 The following are my personal thoughts at this stage of study of Bozeman government and possible changes: SUMMARY 1. Retain the city manager form,with a strong manager. 2. Commission: Maximum of five (5) members; 4 - year terms; elected nonpartisan; elected at- large. 3. Continue general powers for the present. A. Consider an ombudsman (appointed by commission) or citizen complaint outlet. Re ;2. Consider 2 - year concurrent terms only if the commission is smaller (3 members) if all 5 positions were on the ballot at once, there could be a dearth of qualified challengers. Re #r3. Local governments likely will have expanded powers and responsibilities when provisions of the new constitution become fuller implemented in 1977. Let us see how our city government functions within that intergovernmental framework before experimenting with self - governing powers. In the meantime I would like to see local officials work harder to demonstrate that local authority really is more sensitive and responsible to the general public. I have two suggestions: 1) Periodically (monthly ?) and conspicuously publish a complete roster in the Chronicle of all city officials, including boards & department heads, together with how appointments are made, terms and expiration dates, time and place of meetings, and weekly give similar notice of official city meetings open to the public. 2) Provide and encourage public access to city records and business, such as department reports and finance matters, especially the budget at all stages. Also, provide public information (perhaps as a part of the roster suggested) who has charge of what. Citizens should be permitted copies at cost o any public information. Re #4. If popular pressure warrants submission of a suboption for neighborhood councils, rather than an ombudsman, such councils should not be formally structured into the city government but rather remain advisory and vol- untary. APPENDIX B Results of a Local Government Survey Conducted for the Bozeman City Study Commission on Local Government July 1975 Acknowledgement: This survey was con- ducted by thirty -three Montana State University students who were enrolled in the course Political Science 311, (Analysis of Political Behavior). The survey was conducted during Spring Quarter of 1975 under the supervision of Dr. Frank Bryan, Head of the Depart- ment of Political Science at Montana State University. The Bozeman Study Commission gratefully acknowledges this assistance. TABLE OF CONTENTS PREFACE Sectional Map of the City of Bozeman I. General Biographical & SES Information II. Political Information III. Respondent's Political Participation IV. Assessment of Services V. Local Government Structure VI. Political Efficacy VII. Citizen Duty Scale VIII. General Orientation to Government & Politics Page 1 Page la Page 2 Page 5 Page 6 Page 7 Page 10 Page 12 Page 13 Page 14 P R E F A C E Results of the questionnaires were coded and run through the Montana State University computer. Results are listed in three columns. The first column of figures represents the number of people responding to a particular question. There were 411 people responding to the questionnaire. The second column represents the relative frequency or percent of people who responded to the question. The third column represents the adjusted frequency or percent. This percent is calculated by deleting the missing observations. Missing observations are indicated by "NA" (no answer). The questions are stated as given to inter- viewees except for a few minor editorial changes. Respondents for the most part lived in the city of Bozeman. Those few who did not, lived within the 3.5 mile jurisdictional area. CITY OF BOZEMAN MONTANA 4 � N a e^� '�D 4ri / }In Dur cfon i - > f 1 1 1 1 [-City Hall, Police,& Fire Station 2 -Bus Depot 3-Bozemon Public Library - 4 -Post Office - Federal Building 5- Bozeman Deaconess Hospital 6- Gallatin County Courthouse 7- Bozemon Senior High School B -Fire Station No.2 9-Montano State University 14M.S.0 Fieldhouse 11-Reno Sales Stadium 12- Museum of the Rockies 13-Sunset Hills Cemetery 14- Amtrac Depot 1513allotin County Fair Gounds 16Gollatin County Rest Home 17- Hillcrest Home 18-MSU Student Housing Box }or_ ' e Ook BI 1 J r 1 1 T m°ro ct u la Revised Feb.,1975 Dr:r• Ofly• Hlllc d. lon. V MENES-21 Emil ■■■ 1■ ■YID!'■■ � A 1 irf Ar O G h Id H as o Or of S ® tin 1 I — � Hall °v• _v ■ col a Rn.cr t �n a K o Ho" m Gdar 's FWit Kair U Morro ; V N 1. Northwest ^°Id 2. Northc entral � � 3. Northeast 4. Central busines 5. South central o� 6. University �i 7. Southern 8. Southeast 1% I. General Biographical and SES Information SECTION OF THE CITY ## % adj Yo Northwest 44 10.7 12.3 Northcentral 41 10.0 11.5 Northeast 24 5.8 6.7 Central Business 26 8.8 10.1 South Central 127 30.9 35.6 University 47 11.4 13.2 Southern 9 2.2 2.5 Southeast 29 7.1 8.1 NA 54 13.1 - - -- Total 411 100.0 100.0 1- -First of all, we'd like to know how many years you have lived in Bozeman. ## / ad j Yo Less than one year 23 5.6 5.7 1 - 3 years 73 17.8 17.9 4 - 9 years 84 20.4 20.6 10 - 20 years 77 18.7 18.9 21 - 30 years 46 11.2 11.3 More than 30 years 46 11.2 11.3 All Life 58 14.1 14.3 NA 4 1.0 - - -- Total 44 100.0 1 Ga. 0 2 - -What other communities have you lived in besides Bozeman? # % adj One other in Montana 59 14.4 14.8 Two or more in Montana 74 18.0 18.5 One out of Montana 26 6.3 6.5 Two or more outside Mont. 69 16.8 17.3 1 in Mont, ,1 or more out 96 23.4 24.1 Only Bozeman 13 3.2 3.3 2 in Mont.l or more out 54 13.1 13.5 2 or more in Mont. 1 out 8 1.9 2.0 NA 12 2.9 - - -- Total 41I 100.0 10-0 3 -- Do you happen to know the approximate size of the community you lived in when you were growing up? # % adj % 0 - 500 69 16.8 18.1 501 - 1000 23 5.6 6.0 1001 - 2000 15 3.6 3.9 2001 - 5000 39 9.5 10.2 5001 - 10,000 63 15.3 16.5 109000 - 509000 115 28.0 30.2 50,000 - 1009000 20 4.9 5.2 100,000 - over 37 9.0 9.7 NA 30 7.3 - -- Total '4 1 100.0 100.0 3 4-- ',,There were you born? 5- -Would you mind telling me which grouping includes the year you were born? Age r ;'u a d j ,o Northeast 14 3.4 3.4 South 5 1.2 1.2 Canada 4 1.0 1.0 Midwest 72 17.5 17.7 West- Southwest 21 5.1 5.2 Pacific 33 8.0 8.1 adjacent states 253 61.6 62.2 Other Foreign 5 1.2 1.2 NA 4 1.0 - -- Total -4= 100.0 170.b 5- -Would you mind telling me which grouping includes the year you were born? Age 6- -Are you married? jt %o yes 306 74.5 no 102 24.8 ITA 3 .7 Total 411 100.0 7 - -Do you have any children? io A. 69.3 adj q0' Over 75 13 3.2 3.2 55 - 75 91 22.1 22.5 35 - 54 146 35.5 36.0 25 - 34 88 21.4 21.7 18 - 24 67 16.3 16.5 ETA 6 1.5 - - -- Total 417 100.0 1=. 6- -Are you married? jt %o yes 306 74.5 no 102 24.8 ITA 3 .7 Total 411 100.0 7 - -Do you have any children? 8- -Are they attending school? ad j 74.8 25.1 1000.0 ad j 71.2 28.7 100.0 7F io Yes 285 69.3 No 114 27.7 NA 12 2.9 Total = 170.0 8- -Are they attending school? ad j 74.8 25.1 1000.0 ad j 71.2 28.7 100.0 7F io a d j 56 Yes 133 32.4 42.9 IT, O 176 42.8 57.1 NA 102 24.8 - - -- Total 411 100.0 100.0 4 9-- Would you tell me in which educational group you would place yourself? 10 - -;mat is your occupation? Student Blue Collar Worker Service Worker Farmer - Rancher Unemployed White Collar - Professor Retired Homemaker Mk Total ;� r °j ad j c//, No schooling 2 5 5 1 - 6 grades 1 .2 .2 7 - 8 grades 11 2.7 2.7 Some High School 27 6.6 6.6 High School Graduate 102 24.8 25.1 Some college 138 33.6 33.9 College Graduate 77 18.7 18.9 Post Graduate 49 11.9 12.0 I,IA 4 1.0 - - -- TotalT 100.0 100.0 10 - -;mat is your occupation? Student Blue Collar Worker Service Worker Farmer - Rancher Unemployed White Collar - Professor Retired Homemaker Mk Total ;� °o ad j ;o 51 12.4 12.6 53 12.9 13.1 62 15.1 15.3 1 .2 .2 7 1.7 1.7 120 29.2 29.7 50 12.2 12.4 60 14.6 14.9 7 1.7 - - -- - 11 100.0 100.0 11 - -Do you own or rent your present home? 12- -Tell me the letter which corresponds to your families total income from all sources in 1974 before taxes? T % ad j ; Own home 259 63.0 63.6 Rent 139 33.8 34.2 Other 8 1.9 2.2 NA 5 1.2 - - -- Total -4= 100.0 10= 12- -Tell me the letter which corresponds to your families total income from all sources in 1974 before taxes? T % ad / Under 02000 25 6.o 6.9 ;;2000 - 05000 35 8.5 9.6 :;5000 - $7500 63 15.3 17.2 k ')7500 - ;10000 48 11.7 13.1 $10000 - x;15000 88 21.4 24.0 ;15000 - ; ?25000 86 20.9 23.5 Over t'� 2 5000 21 5.1 5.7 NA 45 10.9 - - -- Total 411 100.0 100.0 5 II. Political Information Respondents were asked i / ad j SJ Male 204 49.4 49.5 Female 207 50.3 50.4 I1dA 1 .1 - - -- Total 411 -170--.7 10070 II. Political Information Respondents were asked a few questions about public affairs and government in Montana, and some other very general questions. 1 - -Jo you happen to know who the City Manager in Bozeman is? 33.6 r ;0 ad j 50 Correct 280 68.1 93.3 Incorrect 19 4.6 6.9 I3A 112 27.2 - - -- Total 411= 100.0 100.0 2-- Before today, had you ever heard of the Local Government Study Commission? 3- -Could you name any of the members of the Local Government Study Commission? -!1 it % ad j Yes 264 64.2 65.0 I:o 138 33.6 34.9 %7A 9 2.1 - - -- Total 411 100.0 100.0 3- -Could you name any of the members of the Local Government Study Commission? 4 - -Bo you happen to know ho�.r many city commissioners Bozeman has? ='r rr ad j % ad j % One 39 9.5 54.2 Two 18 4.4 25.0 Three 7 1.7 9.7 Four 1 .2 1.4 Five 7 1.7 9.7 I; 4 339 82.5 - -- Total 1M =, lbw. 4 - -Bo you happen to know ho�.r many city commissioners Bozeman has? ='r 90 ad j % Correct 162 39.4 93.6 Incorrect 11 2.7 6.4 NA 238 57.9 - - -- Total 4�l 100.0 100.0 5- -About how many years does a U.S. Senator serve? r ad Correct 211 •51.3 53.4 Incorrect 184 44.8 46.6 ITA 16 3.9 - - -- Total 411 100.0 100.0 6 - -Who is the Governor of Montana now? III. Respor_dent's Political Participation 1 - -One of the things governments are most interested in is voting and participation - yet these are busy times and in talking to people about last fall's election, for instance, we find that a lot of people weren't registered or they were sick or they just �-aere too busy. How about you? Lid you get a chance to go to the polls this tiMe? IT S0 adj g� Correct 371 90.3 92.1 Incorrect 30 7.3 7.9 TIA 10 2.4 - - -- Total 411 100.0 100.7 III. Respor_dent's Political Participation 1 - -One of the things governments are most interested in is voting and participation - yet these are busy times and in talking to people about last fall's election, for instance, we find that a lot of people weren't registered or they were sick or they just �-aere too busy. How about you? Lid you get a chance to go to the polls this tiMe? 2-- Generally speaking, when you think back over the last few years how often were you able to make it to the polls? r IT S0 ad j 0/5 Yes 300 73.0 76.3 ?io 93 22.6 23.7 I;A 18 4.4 - - -- Total 4-71 TOO.0 100.7 2-- Generally speaking, when you think back over the last few years how often were you able to make it to the polls? r 3 - -In the past :Lew years have you ever attended a city council meeting or a public hearing? IT 05 ad j ;4, Always 188 45.7 46.7 Usually 162 39.4 40.2 Not very often 31 7.5 7.7 lever 22 5.4 5.5 DA 8 1.9 - -- Total - 411 107.7 lib 3 - -In the past :Lew years have you ever attended a city council meeting or a public hearing? 4 - -Have you ever been so pleased or perhaps so upset with a partic- ular action of local government that you have contacted a city official to express your opinion? IT °"i adj Yes 131 31.9 32.0 �o 278 67.6 68.0 IA 2 .5 - -- Total 411 100.0 100.0 4 - -Have you ever been so pleased or perhaps so upset with a partic- ular action of local government that you have contacted a city official to express your opinion? °,o adj 0.0/ Yes 136 33.1 33.4 Ni 271 65.9 66.6 NA 4 1.0 - - -- Total 431 100.0 1Uo-.0 7 5 - -Do you have any ideas on how the city government might make it easier for you to participate in local government affairs in Bozeman? Increase publicity - of hearings and city's activities Public to take interest Even representation Specific districts for aldermen Use a commission system Younger candidates - elect (student) Form citizen advisory committee More polls Commission listen and heed the public opinion more Hold commission meetings when working people can attend (evenings) Make districts for elections Have full time commission More meetings More surveys Have the commission look ahead in planning and zoning Letters Commission exercise more personal contact with public Open meeting Monthly statement of city budget Answer questions directly with less run around Fire the city manager City manager is too much like a dictatorship IV. Assessment of Services 1- -Would you please tell me which one or two services the city per- forms most efficiently and which one or two you are least satisfied with? Library Parks & Recreation Police # %. -- ad j / # % ad j % # % ad j % Most effective Ambulance 8.0 8.3 Fire 20.7 21.4 Garbage 25.5 26.4 Neither # % ad j / # / ad j % # % ad j 90 Most effective 50 12.2 12.6 150 36.5 37.8 121 29.4 30.5 Neither 323 78.6 81.4 242 58.9 61.0 229 55.7 57.7 Least effective 24 5.8 6.0 5 1.2 1.3 47 11.4 11.8 NA 14 3.4 - - -- 14 3.4 - - -- 14 3.4 - - -- Total 4 I_0T 0 170.0 -4-17 155.5 )3Z).0 411=.o =d5 Library Parks & Recreation Police # %. -- ad j / # % ad j % # % ad j % Most effective 33 8.0 8.3 85 20.7 21.4 105 25.5 26.4 Neither 307 74.7 77.3 275 66.9 69.3 234 56.9 58.9 Least effective 57 13.9 14.4 37 9.0 9.3 58 14.1 14.6 NA 14 3.4 - - -- 14 3.4 - - -- 14 3.4 - - -- Total 711 100.0 100.0 411 100.0 177.0 4111 .0 ioo.5 Water °o adj % Most effective 62 15.1 15.7 Neither 320 77.9 80.8 Least effective 14 3.4 3.5 NA 15 3.6 - - -- Total 417 TU T. �) 17 7. 7 2 - -Here is a list of services performed by Bozeman city government. Assess the job Bozeman does in each service area by placing a check in the appropriate box. Snow Removal Fire Street Garbage 42.3 44.8 Sewage 32 °o ad j % ° adj °° ad j °o # adj °o # °o adj Most effective 36 8.8 9.0 9 2.2 2.3 47 11.4 11.9 Neither 216 52.6 54.3 120 29.2 30.2 334 81.3 84.3 Least effective 146 35.5 36.7 268 65.2 67.5 15 3.6 3.8 NA 13 3.2 - - -- 14 3.4 - - -- 15 3.6 - - -- Total 47 =- 1757-70 4i'I lib 10-70 4T =. 1.0 Water °o adj % Most effective 62 15.1 15.7 Neither 320 77.9 80.8 Least effective 14 3.4 3.5 NA 15 3.6 - - -- Total 417 TU T. �) 17 7. 7 2 - -Here is a list of services performed by Bozeman city government. Assess the job Bozeman does in each service area by placing a check in the appropriate box. Water ° adj ° Good Ambulance Fire Adequate Garbage 42.3 44.8 Needs improvement 32 °o ad j % r ,o ad j °o # °o ad j °o Good 146 35.5 48.6 246 59.9 67.0 190 46.2 47.7 Adequate 112 27.3 37.3 107 26.0 29.2 129 31.4 32.4 Needs improvement 42 10.2 14.0 14 3.4 3.8 79 19.2 19.8 NA 111 27.0 - - -- 44 10.7 - - -- 13 3.2 - - -- Total 411 f57.0 100.0 4�1 100.0 fGU-.-b 44 1MTO =70 Library Parks &Recreation Police ,° adj % , % adj % % adj % Good 96 23.4 28.7 178 43.3 47.1 172 41.8 44.1 Adequate 124 30.1 37.2 120 29.2 31.8 131 31.9 33.6 Needsimprovement114 27.7 34.1 80 19.5 21.2 87 21.2 22.3 NA 77 18.7 - - -- 33 8.0 - - -- 21 5.1 - - -- Total 44 �-0 100.0 411 100.0 iU570 4i1 =.010 0 Snow Removal Street Sewage ° adj °o °o adj °o # °o ad j Good 94 22.9 24.0 27 6.6 6.8 149 36.3 40.4 Adequate 102 24.8 26.1 54 13.1 13.6 189 46.0 51.2 Needs improvementl95 47.4 49.9 317 77.1 79.6 31 7.5 8.4 NA 20 4.9 - - -- 13 3.2 - - -- 42 10.2 - - Tota1 41� 00 .0`179.b 4I1 1pJ ,p 1 U9 -- -0 4 =. TM-.T Water ° adj ° Good 182 44.3 46.9 Adequate 174 42.3 44.8 Needs improvement 32 7.8 8.2 NA 23 5.6 - - -- Total 4T1- 00 001�.b 0 3-- Suppose for a moment that you were in charge of Bozeman's city government and you had the power to take funds from one service area and redirect them to another. From which area would you take them and into which area would you redirect them? Take From: 4 - -One of the responsibilities of local government is to listen to the opinions of the citizens. How would you rate Bozeman's per- formance in this area? ## / a d j Ambulance 1 .2 1.0 Fire Protection 3 .7 2.9 Garbage Collection 4 1.0 3.9 Library 6 1.5 5.9 Parks & Recreation 38 9.2 37.3 Police Protection 14 3.4 13.7 Snow Removal 11 2.7 10.8 Street Maintenance 6 1.5 5.9 Water 8 1.9 7.8 Sewage 11 2.5 9.8 NA 309 75.4 -- -- Total 44 107 100.0 Redirect to: ## % ad j Ambulance 6 1.5 3.3 Fire Protection 1 .2 .6 Garbage Collection 2 .5 1.1 Library 13 3.2 7.2 Parks & Recreation 20 4.9 11.1 Police Protection 32 7.8 17.5 Snow Removal 8 1.9 4.4 Street Maintenance 85 20.7 47.:2 Water 2 .5 1.1 Sewage 9 2.0 5.2 NA 231 56.8 - -a- Total M1 1 =. 4 - -One of the responsibilities of local government is to listen to the opinions of the citizens. How would you rate Bozeman's per- formance in this area? 5 - -All in all, how would you rate Bozeman's city government in general? ## % ad j % Good 88 21.4 22.3 Adequate 131 31.9 33.1 Needs Improvement 177 43.1 44.7 NA 15 3.6 - - -- Total 7= 1 =. I00.0 5 - -All in all, how would you rate Bozeman's city government in general? ## % ad j Good 142 34.5 34.9 Adequate 161 39.2 39.7 Needs Improvement 103 25.,0 25.3 NA 5 1.2 - - -- Total 411 100.0 100.0 10 V. Local Government Structure We realize that you may not feel totally capable of answering the following questions regarding different types of government, but why don't you give them a try anyway? 6 - -If you had your choice, which kind of government would you prefer in Bozeman? 7 - -If you had your choice, which kind of government would you prefer in Gallatin County? # / adj / City manager 202 49.1 58.4 Mayor 74 18.0 21.4 Commission 70 17.0 20.2 NA 65 15.8 - - -- Total 4iI 1=. 1=. 7 - -If you had your choice, which kind of government would you prefer in Gallatin County? 8- -If you had your choice, would you rather see elected city officials such as commissioners chosen at large from the city as a whole or would you prefer them to be elected from specific districts? # % adj / At large 174 42.3 45.2 By District 211 51.3 54.8 NA 26 6,.3 - - -- Total 4= 10077 1=, b 9 - -If you had your choice, would you like to have local candidates list their political party on the ballot or would you prefer to see party labels left off the ballot so the candidates could not be identified by political party? # / adj % List Party Labels 107 26.0 28.8 No Party Labels 265 64.5 71.2 NA 39 9.5 - - -- Total ME 100.0 10- 0. Z5 # / adj % County manager 97 23.6 31.0 County executive 26 6.3 8.3 Commission 190 46.2 60.7 NA 98 23.8 - - -- Total 4II 1=. I :d 8- -If you had your choice, would you rather see elected city officials such as commissioners chosen at large from the city as a whole or would you prefer them to be elected from specific districts? # % adj / At large 174 42.3 45.2 By District 211 51.3 54.8 NA 26 6,.3 - - -- Total 4= 10077 1=, b 9 - -If you had your choice, would you like to have local candidates list their political party on the ballot or would you prefer to see party labels left off the ballot so the candidates could not be identified by political party? # / adj % List Party Labels 107 26.0 28.8 No Party Labels 265 64.5 71.2 NA 39 9.5 - - -- Total ME 100.0 10- 0. Z5 11 10 - -If you had your choice would you rather have most city officials other than the commissioners run for office and be elected or be appointed by the city government? 11 - -If you had your choice would you rather have elected officials run for reelection every two years or have a longer term in office between elections? # / adj / Every two years 256 62.3 65.8 Longer terms 133 32.3 34.2 NA 22 5.4 - - -- Total 4TI l =. l=. 12 - -If you had your choice would you rather have most county officials other than the commissioners appointed or run for office and be elected? # % adj Elected 290 70.6 74.9 Appointed 97 23.6 25.1 NA 24 5.8 - - -- Total 44 100.0 1=0 11 - -If you had your choice would you rather have elected officials run for reelection every two years or have a longer term in office between elections? # / adj / Every two years 256 62.3 65.8 Longer terms 133 32.3 34.2 NA 22 5.4 - - -- Total 4TI l =. l=. 12 - -If you had your choice would you rather have most county officials other than the commissioners appointed or run for office and be elected? 13 - -If you had your choice would you want the chief executive of your city government (for instance a Mayor or a Chairman of a City Council) have the power to veto acts of the Commissioners or do you think that the chief executive should have no power to veto acts of the commissioners? # / adj / Veto power 147 35.8 41.5 No Veto power 207 5Q.3 58.5 NA 57 13.9 - - -- Total 4� 1 170.0 l=. 14 - -If you had your choice would you create a large group of city commissioners to govern Bozeman, say 12 to 15 members or do you feel the size of the commission should be smaller, say 5 to 7 members? # / adj / 12 to 15 members 87 21.2 22.9 5 to 7 members 293 71.3 77.1 NA 31 7.5 - - -- Total 411 100.0 100.0 # / adj / Elected 300 73.0 76.9 Appointed 41 10.0 10.5 Mixed 49 11.9 12.6 NA 21 5.1 - - -- Total 41,I 1 =. 1 =. 13 - -If you had your choice would you want the chief executive of your city government (for instance a Mayor or a Chairman of a City Council) have the power to veto acts of the Commissioners or do you think that the chief executive should have no power to veto acts of the commissioners? # / adj / Veto power 147 35.8 41.5 No Veto power 207 5Q.3 58.5 NA 57 13.9 - - -- Total 4� 1 170.0 l=. 14 - -If you had your choice would you create a large group of city commissioners to govern Bozeman, say 12 to 15 members or do you feel the size of the commission should be smaller, say 5 to 7 members? # / adj / 12 to 15 members 87 21.2 22.9 5 to 7 members 293 71.3 77.1 NA 31 7.5 - - -- Total 411 100.0 100.0 12 15 - -If you had your choice would you like to see the city given more authority to deal with local problems or would you like to see the State Government do more on the local level? # % ad Yo City government 330 80.3 86.6 State government 51 12.4 13.4 NA 30 Total 4Ti 7.3 l oZo.0 - - -- I= 16- -How do you react to this statement: "Things would work a lot better for local government if the county and the city consolidated their governments and one single unit was created that would deal with all matters of local government." Do you agree or disagree with this idea? VI. Political Efficacy Respondents were asked to answer with one of the listed responses that best fit how they felt about the question. 1 - -All in all, I don't think public officials care much about what people like me think. # / adj Agree 135 32.8 33.1 Neutral 78 19.0 19.2 Disagree 194 47.2 47.6 NA Total 4 -77 1.0 100 - - -- 100•.a VI. Political Efficacy Respondents were asked to answer with one of the listed responses that best fit how they felt about the question. 1 - -All in all, I don't think public officials care much about what people like me think. 2 - -The way people vote is the main thing that decides how things are run in this country. Agree strongly Agree Neutral Disagree Disagree strongly NA Total # # % ad j %6 Agree strongly 70 17.0 17.1 Agree 109 26.5 26.6 Neutral 88 21.4 21.5 Disagree 91 22.1 22.2 Disagree strongly 52 12.7 12.7 NA 1 .2 - Total 4Ii 100•. 0 1=. 2 - -The way people vote is the main thing that decides how things are run in this country. Agree strongly Agree Neutral Disagree Disagree strongly NA Total # % ad Y 80 19.5 19.6 99 24.1 24.2 55 13.4 13.4 94 22.9 23.0 81 19.7 1918 .5 - - -- 4` T 100.0 100.0 13 3-- Generally speaking, people like me don't have a say about what the government does. 4-- Sometimes politics and government seems so complicated that a person like me can't really understand what's going on. # % adj % Agree strongly 87 21.2 21.2 Agree 98 23.8 23.9 Neutral 65 15.8 15.9 Disagree 108 26.3 26.3 Disagree strongly 52 12.7 12.7 NA 1 .2 - - -- Total 4� 1 lib 1 =. 4-- Sometimes politics and government seems so complicated that a person like me can't really understand what's going on. VII. Citizen Duty Scale 1 - -It isn't so important to vote when you know your party doesn't have a chance to win. # % ad / Agree strongly 131 31.9 32.0 Agree 110 26.8 26.9 Neutral 55 13.4 13.4 Disagree 64 15.6 15.6 Disagree strongly 49 11.9 12.0 NA 2 .5 - - -- Total 71 100.0 1=. VII. Citizen Duty Scale 1 - -It isn't so important to vote when you know your party doesn't have a chance to win. 2 - -A good many Agree strongly Agree Neutral Disagree Disagree NA Total local elections aren't important enough to bother with. # # % ad j ;o Agree strongly 12 2.9 2.9 Agree 19 4.6 4.7 Neutral 27 6.6 6.6 Disagree 69 16.8 17.0 Disagree strongly 280 68.1 68.8 NA 4 1.9 - - -- Total III 1 . 1 =. 2 - -A good many Agree strongly Agree Neutral Disagree Disagree NA Total local elections aren't important enough to bother with. # % ad j jo 17 4.1 4.2 29 7.1 7.1 33 8.0 8.1 75 18.2 18.4 strongly 254 61.8 62.3 3 .7 - - -- -41T 1=. 1'b� . a 14 3 - -If a person doesn't care how an election comes out, he shouldn't vote in it. VIII. General Orientation to Government and Politics 1- -The Government is getting too powerful for the good of the country and the individual. 1# % adj Agree Strongly 89 21.7 21.8 Agree 55 13.4 13.5 Neutral 45 10.9 11.0 Disagree 56 13.6 13.7 Disagree strongly 163 39.7 40.0 NA Total 3 4TI .7 lib - - -- 1 =. VIII. General Orientation to Government and Politics 1- -The Government is getting too powerful for the good of the country and the individual. 2 -- Generally speaking, the government should probably do more in trying to deal with such problems as unemployment, education, housing, and so on. # % ad j Yo Agree strongly 167 40.6 41.0 Agree 92 22.4 22.6 Neutral 68 16.5 16.7 Disagree 54 13.1 13.3 Disagree strongly 26 6.3 6.4 NA 4 1.0 - - -- Total 41�"I 170.0 1 .. b 2 -- Generally speaking, the government should probably do more in trying to deal with such problems as unemployment, education, housing, and so on. # %- adj Agree strongly 151 36.7 37.2 Agree 99 24.1 24.4 Neutral 62 15.1 15.3 Disagree 44 10.7 10.8 Disagree strongly 50 12.2 12.3 NA 5 1.2 - - -- Total - 4TT 1 =. 1=. 3 - -The problem with local representation in Bozeman is that officials always say they have the good of the city as a whole in mind and they never pay attenion to issues in specific locations in the city. # % adj Agree strongly 71 17.3 17.7 Agree 94 22.9 23.4 Neutral 124 30.2 30.9 Disagree 74 18.0 18.5 Disagree strongly 38 9.2 9.5 NA 10 2.4 - - -- Total - 4I� 1 =.0 lb. 15 4- -Party politics means very little at the local level and should not be considered as an important factor in deciding how to vote for local officials. 5- -Local government runs better when most of the officials are elected rather than appointed. # % ad j Yo Agree strongly 146 35.5 36.1 Agree 87 21.2 21.5 Neutral 50 12.2 12.4 Disagree 61 14.8 15.1 Disagree strongly 60 14.6 14.9 NA 7 1.7 -- - Total 417 1 =. 1 =. 5- -Local government runs better when most of the officials are elected rather than appointed. 6 - -It is more important to have officials who get things done than it is to have officials who worry about what the people think in order to get reelected. # % adj % Agree strongly 180 43.8 44.2 Agree 101 24.6 24.8 Neutral 71 17.3 17.4 Disagree 36 8.8 8.8 Disagree strongly 19 4.6 4.7 NA 4 1.0 - - -- Total 4 LT 100 1= 6 - -It is more important to have officials who get things done than it is to have officials who worry about what the people think in order to get reelected. 7 -- Generally speaking it is better to let the city manager or mayor make the tough decisions than the city council. Agree strongly Agree Neutral Disagree Disagree strongly NA Total # # % adj % Agree strongly 236 57.4 57.7 Agree 70 17.0 17.2 Neutral 39 9.5 9.6 Disagree 39 9.5 9.6 Disagree strongly 23 5.6 5.7 NA 4 1.0 - - -- Total M 1=. 1 0.0 7 -- Generally speaking it is better to let the city manager or mayor make the tough decisions than the city council. Agree strongly Agree Neutral Disagree Disagree strongly NA Total # % adj % 24 5.8 5.9 31 7.5 7.6 81 19.7 19.9 112 27.3 27.5 159 38.6 39.0 4 1.0 - - -- 411 100.0 100.0 16 8 - -The trouble with government today is that public officials spend too much time worrying about public opinion and too little time getting the job done. 9 - -City commissions should have a lot of members so that the decisions are not always made by a select few. # % adj Agree strongly 154 37.5 37.9 Agree 115 28.0 28.3 Neutral 66 16.1 16.3 Disagree 45 10.9 11.1 Disagree strongly 26 6.3 6.4 NA 5 1.2 - - -- Total 41I 100.0 1 . 9 - -City commissions should have a lot of members so that the decisions are not always made by a select few. 10 -- Things would be a lot better for citizens of Bozeman if the state government would assume more responsibility in solving local problems. # % adj Agree strongly 90 21.9 22.0 Agree 44 10.7 10.8 Neutral 64 15.6 15.6 Disagree 130 31.6 31.8 Disagree strongly 81 19.7 19.8 NA 2 .5 - - -- Total 717 lib l�'6 10 -- Things would be a lot better for citizens of Bozeman if the state government would assume more responsibility in solving local problems. 11 - -One problem with government in America is that too many local governments try to do too many different things. We need more planning from state governments in order to get things done more efficiently. # go adj Agree strongly 29 7.1 7.1 Agree 37 9.0 9.1 Neutral 64 15.6 15.7 Disagree 115 28.0 28.3 Disagree strongly 162 39.4 39.8 NA 4 1.0 - - -- Total 41,I 1= . 0 1=, b 11 - -One problem with government in America is that too many local governments try to do too many different things. We need more planning from state governments in order to get things done more efficiently. # % adj Agree strongly 40 9.7 9.9 Agree 61 14.8 15.0 Neutral 90 21.9 22.2 Disagree 101 24.6 24.9 Disagree strongly 114 27.7 28.1 NA 5 1.2 - - -- Total 411 100.0 100.0 17 12 - -It makes more sense to have one local government for Bozeman and Gallatin County rather than the two governments we now have. 13 - -If the local officials would listen to the people's opinion more often we would have a lot better government in Bozeman. Agree strongly Agree Neutral Disagree Disagree strongly NA Total 14- -The trouble with too much control. doesn't like. Agree strongly Agree Neutral Disagree Disagree strongly NA Total # # % adj % Agree strongly 69 16.8 16.9 Agree 56 13.6 13.7 Neutral 83 20.2 20.3 Disagree 94 22.9 23.0 Disagree strongly 106 25.8 26.0 NA 3 .7 - - -- Total 411 100.0 107.0 13 - -If the local officials would listen to the people's opinion more often we would have a lot better government in Bozeman. Agree strongly Agree Neutral Disagree Disagree strongly NA Total 14- -The trouble with too much control. doesn't like. Agree strongly Agree Neutral Disagree Disagree strongly NA Total # % adj % 116 28.2 28.6 114 27.7 28.1 112 27.3 27.6 42 10.2 10.3 22 5.4 5.4 5 1.2 - - -- 4 l=. b 170.0 the city manager system is that the manager has The commissioners never do anything the manager # % adj % 68 16.5 16.8 59 14.4 14.6 115 28.0 28.4 105 25.5 25.9 58 14.1 14.3 6 1.5 - - -- T1I l0 .0 1 =. 15 - -If government is to get things done efficiently in today's complicated world it is necessary that a lot of power be given to officials who don't have to worry about pleasing the people and can concentrate on getting the job done. # % adj % Agree strongly 84 20.4 20.8 Agree 73 17.8 18.1 Neutral 79 19.2 19.6 Disagree 75 18.2 18.6 Disagree strongly 93 22.6 23.0 NA 7 1.7 - - -- Total 44 170--.7 l=, b APPENDIX C Revised Codes of Montana, 1947 Part 7, Chapter 1 Powers of Self - Government Local Governments 47A -7 -101. Self - government powers. As provided by Article XI, Section 6 of the Montana constitution a local government unit with self - government powers may exercise any power not prohibited by the constitution, law, or charter. These powers include, but are not limited to, the powers granted to general power govern- ments by Title 47A, Part 5. 47A -7 -102. Authorization for self - government services and functions. A local government with self- government powers may provide any services or perform any functions not expressly pro- hibited by the Montana constitution, state law or its charter. These services and functions include, but are not limited to, those services and functions which general power government units are authorized to provide or perform by Title 47A, Part 6. 47A -7 -103. General power government limitations not applic- able. A local government unit with self - government powers which elects to provide a service or perform a function that may also be provided or performed by a general power government unit is not subject to any limitation in the provision of that service or performance of that function, except such limitations as are contained in its charter or in state law specifically applicable to self - government units. 47A -7 -104. Legislative power vested in legislative bodies. The powers of a self - government unit unless otherwise specifi- cally provided are vested in the local government legislative body and may be exercised only by ordinance or resolution. 57A -7 -105. State law applicable. All state statutes shall be applicable to self - government local units until superseded by ordinance or resolution in the manner and subject to the limita- tions provided in this Title. 47A -7 -106. Construction of self - government powers. The powers and authority of a local government unit with self -gov- ernment powers shall be liberally construed. Every reasonable doubt as to the existence of a local government power or au- thority shall be resolved in favor of the existence of that power or authority. Part 7, Chapter 2 Limitations on Self - Government Local Governments 47A -7 -201. Powers denied. A local government unit with self - government powers is prohibited the exercise of the fol- lowing: -2- (1) Any power that applies to or affects any private or civil relationship, except as an incident to the exercise of an independent self - government power; (2) Any power that applies to or affects the provisions of Title 41 (labor), chapter 16 of Title 59 (collective bargaining for public employees), Title 87 (unemployment compensation), or Title 92 (workmen's compensation) except that subject to the provisions of those titles it may exercise any power of a public employer with regard to its employees; (3) Any power that applies to or affects the public school system except that a local unit may impose an assessment reason- ably related to the cost of any service or special benefit pro- vided by the unit and shall exercise any power which it is re- quired by law to exercise regarding the public school system; (4) Any power that prohibits the grant or denial of a certificate of public convenience and necessity; (5) Any power that establishes a rate or price otherwise determined by a state agency; (6) Any power that applies to or affects any determination of the state department of lands with regard to any mining plan, permit, or contract; (7) Any power that applies to or affects any determination by the department of natural resources and conservation with regard to a certificate of environmental compatibility and public need; (8) Any power that defines as an offense conduct made criminal by state statute, or which defines an offense as a felony, or which fixes the penalty or sentence for a misdemeanor in excess of a fine of five hundred dollars ($500) or six (6) months imprisonment or both such fine and imprisonment, except as specifically authorized by statute; (9) Any power that applies to or affects the right to keep or bear arms, except that it has the power to regulate the car- rying of concealed weapons; (10) Any power that applies to or affects a public employee's pension or retirement rights as established by state law, except that a local government may establish additional pension or re- tirement systems; (11) Any power that applies to or affects the standards of professional or occupational competence established pursuant to Title 66, (professions and occupations) as prerequisites to the carrying on of a profession or occupation. (12) Any power that applies to or affects Title 26 (Fish and Game). -3- 47A -7 -202. Powers requiring delegation. A local government unit with self - government powers is prohibited the exercise of the following powers unless the power is specifically delegated by law: (1) The power to authorize a tax on income or the sale of goods or services. This section shall not be construed to limit the authority of a local government to levy any other tax or establish the rate of any other tax; (2) The power to regulate private activity beyond its geographic limits; (3) The power to impose a duty on another unit of local government, except that nothing in this limitation shall affect the right of a self- government unit to enter into and enforce an agreement on inter -local cooperation; (4) The power to exercise any judicial function, except as an incident to the exercise of an independent self - government administrative power; (5) The power to regulate any form of gambling, lotteries, or gift enterprises. 47A -7 -203. Consistency with state regulation required. (1) A local government with self - government powers is prohibited the exercise of any power in a manner inconsistent with state law or administrative regulation in any area affirma- tively subjected by law to state regulation or control. (2) The exercise of a power is inconsistent with state law or regulation if it establishes standards or requirements which are lower or less stringent than those imposed by state law or regulation. (3) An area is affirmatively subjected to state control if a state agency or officer is directed to establish administrative rules and regulations governing the matter or if enforcement of standards or requirements established by statute is vested in a state officer or agency. 47A -7 -204. Mandatory provisions. A local government unit with self - government powers is subject to the following provi- sions. These provisions are a prohibition on the self- government unit acting other than as provided: (1) All state laws providing for the incorporation or dis- incorporation of cities and towns, for the annexation, disannex- ation or exclusion of territory from a city or town, for the creation, abandonment or boundary alteration of counties and for city - county consolidation; (2) Title 16, chapter 51; (3) All laws establishing legislative procedures or require- ments for units of local government; (4) All laws regulating the election of local officials; (5) All laws which require or regulate planning or zoning; (6) Any law directing or requiring a local government or any officer or employee of a local government to carry out any function or provide any service; (7) Any law regulating the budget, finance or borrowing procedures and powers of local government, except that the mill levy limits established by state law shall not apply; (8) Title 93, chapter 99. Section 2. Severability clause. If any part of this act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applica- tions. Section 3. Effective date. This act is effective May 2, 1977. APPENDIX D February 10, 1975 To: Bozeman Study Commission From: City Manager, Harold Fryslie Subject: Overview of Bozeman City Government* The purpose of this paper is to provide a general overview of local government as it currently exists in the city of Bozeman. The format is designed to be des- criptive and informative but is in no way intended to be either exceedingly detailed or exhaustive. The conceptual approach offered can best be termed structural /functional in that it purports to depict the governmental/administra- tive machinery of the city as a function of: 1) The or- ganizational structure as it is hierarchically ordered, and 2) the generic duties and responsibilities germane to each division and subdivision thereof. This compilation of data is intended to further the elucidation of the somewhat abstruse mechanics of local government. Because of its simplified form and content, the recapitulation constitutes a beginning point rather than an end. As a means of explicating the particular nuances of Bozeman's version of the commission /manager form of government, this overview should be helpful. Ad- ditional information will be furnished expeditiously upon request. MAYOR AND CITY COMMISSIONERS The city of Bozeman is served by five city commissioners elected at -large for terms of 4 years. Elections are stag- gered so that continuity of leadership is preserved. The mayor, who presides at commission meetings, is the commis- sioner who receives the largest number of votes. All commission meetings are open to the public and are held at regularly scheduled times. Public record is made of the minutes of each meeting and reported by news media. Like- wise, public records are kept of all resolutions, warrants, and ordinances. Votes by the commissioners on all motions are recorded. The commission shall constitute the governing body with power to create, establish, abolish, and organize offices and fix the salary and compensation of all officers and employees, *This paper was presented to the Bozeman City Study Com- mission at its regular meeting February 10, 1975. It was prepared at the request of the Study Commission to provide a general overview of the Bozeman City government as it exists at this time. -2- except as hereinafter provided; make and enforce local sanitary and police and other regulations; pass such ordinances as may be expedient for maintaining and promoting peace, good government, and welfare of the municipality and for the performance of all the functions thereof, and to carry out and put into effect all the powers by ordinances, resolutions or orders that now are or hereafter may be granted to municipalities by the constituiton or laws of the State of Montana, including the power to pass or- dinances, adopt regulations, and appoint a chief administrative officer to be known as the "city manager's and exercise all the power conferred on it by Chapter 32 and 33 of Title 11 RCM, as amended; and shall have all the powers conferred by law upon city councils insofar as the same is not inconsistent with said Chapter 32 and 33 Title 11 RCM. (Ord. 52¢ 8; February 3, 1922). CLERK OF THE CITY COMMISSION Duties include: 1) Attend all commission meetings and record minutes and transactions thereof. 2) Do preparatory work for all resolutions and ordin- ances. 3 Serve as secretary to the Board of Adjustment. 4 Write warrants and process claims. 5 Sign and disburse payroll checks. 6 Post public notices in the newspaper. 7 Perform general secretarial work and like functions as required. 8) Supervise preparation for all city elections. POLICE JUDGE Duties include: 1) Process and try cases concerning traffic and parking violations, as well as, animal control violation and public nuisance cases. 2) Collect fines for above violations. CITY MANAGER The city manager is the chief administrative officer of the city and the primary advisor to the city commission. His is the function of supervising and coordinating all adminis- trative activities. Duties include: 1 Supervise enforcement of laws and ordinances. 2 Appointment and removal of department heads and employees. 3) Exercise control over departments. 4) Attend commission meetings and take part in dis- cussions. 5) Make recommendations to the City Commission. 6 Advise and apprise the Commission concerning financial matters. 7) Act as ex- officio member of various boards and commissions. 8) Perform other duties described by law or required by the Commission. ASSISTANT CITY MANAGER Duties include: 1 Responsible for various reports. 2 Review and assign claims. 3 Assist city manager in all functions as required and serve in his absence as chief administrative officer. CITY ENGINEER Duties include: 1) Give technical advice to city manager and all department heads. fl 2 Represent city on zoning and planning boards. 3 Maintain records on location of all utilities and all intracity land transfers. ' Write and review technical portions of SIDs. 5 Originate and complete small design projects. 6 Responsible for public works survey. 7 Supervise and review technical facets of utilities and public works. DEPARTMENTS DEPARTMENT OF FINANCE The director of the Deuartment of Finance is the chief financial officer of the city. This individual is respon- sible for managing all fiscal activities and advising the city manager concerning financial matters. Duties are sub- sumed under two main categories: A. General Accounting 1 Assess and collect all special assessments. 2 Collect licensing fees. 3 Receive all apportionment 4 Collect charges for public other than utilities. 5) Manage city investments. 6) Complete preparatory work ment for nonutility bonds. taxes and revenues. services and property and administer pay- -4- B. Utility Accounting flBill and collect monies for utility services. Administer all budgeting and accounting for utilities. 3) Prepare and pay for utility bonds. DEPARTMENT OF SERVICE Duties include: A. Street Department (Storm Sewers and Lighting) 1 Clean and maintain streets and alleys. 2 Remove snow and apply sand and /or salt. 3 Install and maintain street signs and traffic lights. 4) Clean and maintain storm drains. B. Water Department (Sanitary Sewers) 1) Install and maintain city portions of service lines and water meters. 2 Read water meters. 3 Compute and send monthly water and sewer bills. 4 Monitor water resources. 5 Responsible for treatment of water. 6 Install and maintain city portions of sewage collection system. C. Garbage Department 1) Collect and dispose of residential and com- mercial solid waste. (Suhr Hauling) 2) Maintain sanitary landfill and collect use fees. D. Sewage Disposal Department 1 Treat raw sewage and dispose of effluent. 2 Maintain treatment facilities. 3 Monitor and maintain sanitary standards of treated sewage. Duties include: A. Advise city commission, city manager, and department heads on all legal matters. B. Defend city in all civil suits. C. Provide expertise in drafting and wording of legal documents. D. Provide city prosecutor in Police Court. DEPARTMENT OF PUBLIC SAFETY Duties include: -5- A. Police Department 1 Protect life and property, maintain order. 2 Enforce laws, codes, and ordinances. 3 Maintain jail facilities. 4 Conduct public instruction - bicycle safety, drug identification, burglary prevention, etc. 5) Enforce animal control. 6 Maintain consolidation with county via city/ county investigation team. B. Fire Department 1) Protect life and property. 2 Maintain fire prevention program to include inspection of commercial and residential buildings. 3) Provide continuing training program and public instruction courses. 4 Respond to emergency and rescue calls. 5 Provide deodorizing service (after a minor fire). 6 Enforce Fire Codes. C. Ins ection Department 1) Administer and enforce: zoning code, building code, mechanical code, electrical code, plumbing code, sign code, house moving code, and demo- lition code. 2) Advise and make recommendations to city func- tionaries regarding codes. DEPARTMENT OF PUBLIC WELFARE Duties include: A. Park Department - General 1) Care for and maintain city parks and edifices located therein. B. Park Department - Recreation flMaintain and operate city swimming pool. Maintain and administer part sponsored re- creation programs. 3) Coordinate usage of city and school district facilities for city team sports programs. C. Library 1) Provide and maintain facilities for storing books and magazines for public use. 2 Purchase books and magazines. 3 Conduct childrens programs. 4 Maintain liaison with State Library. D. Municipal Band flPerform public concerts. Perform ceremonial functions. QOM E. Cemetery 1 Maintain and care for city cemetery. 2 Prepare lot sites for burial services. 3 Maintain facilities for pauper burial. 4 Keep records of interment and lot sales. F. City /County Planning Department flReview all subdivision activity. Review and process all rezoning and condi- tional use requests. 3) Prepare staff reports and give advice on all matters pertaining to zoning, planning, and land use. 4) Furnish information to the public regarding direction of community growth. 5) Serve as collection agent and repository for planning data. G. City /County Health Unit flOperates from the courthouse. Performs functions as directed by the county. BOARDS AND COMMISSIONS A. Library Board B. Cemetery Board C. Board of Community Recreation D. Board of Adjustment (zoning) E. Board of Police Commissioners F. Parking Commission G. Band Board H. City /County Planning Board I. City /County Health Board J. Zoning Commission �• : / I ' s Composed of five members, four appointed by the mayor for five year staggered terms, and the city manager. Has advisory responsibility to the city commission in all matters of finance and physical plant. Has authority to set rules and regulations for operation of the Library. The Bozeman Library Board meets on call of the chairman. CEMETERY BOARD Compsed of five members appointed by the mayor for three year staggered terms. The Board is advisory to the city com- mission in all matters of Cemetery operation, maintenance and capital improvement. The Cemetery Board meets on call of the chairman. -7- COMMUNITY RECREATION BOARD Composed of nine members, three appointed by the city, school district and county for three year staggered terms. Ex- officio members are the county commission chairman, super- intendent of schools,and the city manager. The Board is advisory to the respective governing bodies in all matters pertaining to parks and recreation facilities and programs. The Community Recreation Board meets quarterly or upon call of the chairman. BOARD OF ADJUSTMENT Consists of five members appointed by the mayor for staggered three year terms. A quasi - judicial board having authority to hear and grant or deny appeals taken from administrative actions under the zoning code. Variances may be granted from technical requirements of the zoning code to include: A. Lot area requirements. B. Setback (front, side, and rear) requirements. C. Off- street parking requirements. D. Minimum floor space requirements within buildings. E. Building height restrictions. F. Numerous other zoning provisions. The Bozeman Board of Adjustment meets monthly or on call of the chairman. BAND BOARD Composed of five members with three year terms. Two are appointed by the mayor, two are elected by Municipal Band members, and the fifth is selected by the four members. This Board advises the city commission on all matters pertaining to the Municipal Band. It meets on call of the chairman. CITY /COUNTY PLANNING BOARD Composed of nine members appointed by the mayor and city commission or county commission for two -year terms. Has the following general powers and duties -- all in an advisory capacity to the county and city commissions: A. Develop and recommend comprehensive plans for its area of jurisdiction. Such plans include recom- mendations for: 1 band Use. 2 Circulation, vehicular, and pedestrian. 3 Parks and open spaces. 4 Utilities: sewer, water, storm drainage, natural gas and electricity. B. Develop, recommend, and inplement subdivision regula- tions for its area of jurisdiction'. C. Assist all local agencies and the public in planning efforts as appropriate. The Bozeman City /County Planning Board meets monthly or on call of the president. ZONING COMMISSION Consists of nine members appointed by the mayor for staggered two year terms. Originally comprising seven persons from the Planning Board and two from the Board of Adjustment. Consideration is now being given to reducing the membership to five or seven. Duties include advising and making recommendations to the city commission on the following: A. Zoning Codes. B. Revisions and amendments to Zoning Codes. C. Applications for conditional use permits under Zoning Code. The Bozeman Zoning Commission meets monthly or on call of the Chairman. APPENDIX E TESTIMONY PRESENTED AT A PUBLIC HEARING conducted by the Bozeman Local Government Study Commission 15 March 1976 Chairman Torlief Aasheim opened a hearing on the alternative proposal of government for the city of Bozeman at 7:40 p.m. in the Commission Room of the Bozeman Municipal Building. The fol- lowing people were in attendance: Torlief S. Aasheim Milt Vandeventer Joyce Greenough Marlyn J. Jones Judy Mathre Grace Bates Ken Jones Helen Lockwood Keith Swanson Bud Norris Henry Hardie Richard Ward Ruby Hardie John Bower Kenneth M. Jones Tom Haggerty Erna Harding Margaret Emmett Mary Ellen McMillan Stella Anacker Jan Roll Janica Peace Richard Roeder Lyle Davis Anna Dahl Rex Dahl Howard Nelson John Parker Doris Ward Erma Ross George Van Noy Mrs. George Brandt Mrs. Garett Van Dyken Mr. Aasheim introduced the members of the Study Commission and explained briefly what the Commission had done to prepare the tentative proposal. Commissioner Judy Mathre explained what constituted self gov- ernment powers. Commissioner Joyce Greenough explained the suboption concern- ing method of electing the mayor. Commissioner Ken Jones explained the choices within the sub - option on method of electing city commissioners. Commissioner Keith Swanson explained the last suboption on community councils. Discussion Richard Roeder asked what changes would come from the legis- lature regarding self government powers. Mrs. Mathre replied that we don't know yet what will be drafted. Grace Bates suggested that there were already many restric- tions in the present law. 15 March 1976 Hearing Page 2 John Parker asked for further clarification on the meaning of the authority of one government to impose a duty on another government and what debt limitations would be authorized. Mrs. Mathre suggested that one government could not tax another gov- ernment or require it to arbitrarily perform a service and that debt limitations were set by state statute. Rex Dahl asked that the process for nomination of commis- sioners and members of the community council be explained. Chairman Aasheim answered that the procedure was not defined as yet, but could be included in an interim report of recommenda- tions to the city commission following the election. It is a transitional matter that can be handled later. Mrs. Van Dyken asked whether there would be any limits on the mill levy. Mr. Aasheim answered no. Mr. Morris Jones asked whether community councils, if es- tablished, would hire a secretary and what they would cost? Mr. Aasheim replied that they would have no funds with which to operate and also no authority. They would be advisory in na- ture. Bud Norris asked whether the city could go over the 65 mill levy limit, and also what were the bonding limits. George Van Noy asked about the bonded indebtedness. A rather confused discussion concerning the mill levy limit and indebtedness followed. City commissioner Milt Vandeventer clarified by saying the 65 mill levy limit was something separ- ate from bonded indebtedness. Judy Mathre read from the finance section of the tentative proposal to help clarify the discussion. Mary Ellen McMillan of the Bozeman League of Women Voters gave the consensus arrived at by the Bozeman League regarding the alternative proposal. It reads as follows: 1) Does the League of Bozeman prefer a commission - manager form of government? League consensus favors a commission - manager form of government, with a minority favoring dis- incorporation of the city of Bozeman. a) Why? The League favors a commission - manager form of government for the following reasons: 1. more efficient 15 March 1976 Hearing Page 3 2. seems to work all right 3. accountability (questionable) 4. visibility (questionable) b) If not, what other form would you prefer? A min- ority opinion favored disincorporation. Disincorpor- ation would provide the following: 1. give greater leeway for the future 2. bring the whole county together 3. unify growth 4. equalize taxation It was felt that the city is a responsibility of the com- munity, and Gallatin County as a community should be more responsible for the city of Bozeman. 2) Does the League prefer a commission- manager form with self governing powers? The League favored a commission - manager form with self governing powers with no specific limitations; however, a minority expressed a desire to know what the code would be before it was voted on. 3) Does the league prefer an elected Chairman (Mayor)? League consensus favored an elected Mayor. A minority suggested that the commission should choose the mayor, as they felt that by electing the mayor one good leader was lost in every election. 4) Should the commissioners be nominated at- large, by districts, or combination? League consensus voted in favor of nominating and electing at- large, with two dis- sentin minority opinions: a5 Nominating and electing according to districts b) Nominating by district and electing at- large. 5) Does the League prefer community councils? The League preferred elected community councils. Most members felt that three members would be representative for an advisory group; however, a minority opinion was voiced that the council should have at least five members to be of any use. 6) Does tAe League prefer that the community councils shall be elected or may be authorized by ordinance to be elected? League consensus supported the idea that the councils "shall be elected ", and members felt that councils should be at the option of the district but that it was even more important that the members were elected. Doris Ward presented the following testimony: "Although the idea of self government powers appeals to me, I question the advisability of their adoption as matters now stand. 15 March 1976 Hearing Page 4 We don't know what limits the codes will set for self government powers. I understand that the State Commission on Local Government is still working on its tentative re- commendations to the next legislature. Public hearings on that commission's preliminary draft have not been held. We won't know by June lst (when Bozeman is to vote on LGR) what revisions are in store by the commission as a result of those hearings. We don't know who will be elected to the next legislature. We don't know what decisions the legislature will reach regarding self government powers. Therefore, I think that blanket endorsement of self govern- ment powers now is premature. Areas of authority not yet defined under "self govern- ment powers" that concern me are: 1 the permissible level of taxation 2 possible forms of taxation 3 procedures for budgeting 4) procedures for letting of bids Discussions at earlier meetings of the Bozeman LGR study commission have led me to believe that there is broad consensus that authority in these areas should be restrained. It does not seem enough that voters could "throw the rascals out" should city officials act outside the public interest. Few voters are aware of what decisions are made or how indi- vidual city commissioners vote. Furthermore, election choices are made on the basis of many issues, and any incumbent is likely to be re- elected should he choose to run again. It is not a matter of trusting local officials less than those in Helena. Rather, we as citizens should be clear about what we want and be sure that we get it. We can't rely on faith that all will come out as we hoped. I urge that the Bozeman LGR Study Commission incorporate those essential restraints in a charter. I suggest that the level of taxation be limited to the ceiling established under general powers, unless a higher level is approved by the electorate. The same recourse in the electorate should be followed for consideration of new kinds of taxation. Procedures for budgeting and for letting of bids could be the same as under general powers. Ideas represented herein are mine alone." Richard Roeder stated that he liked some of the options. He also said they would not be significant because the people would not pass the alternative proposal. He said he was concerned with taxation and concerned by City Manager Fryslie's report that the city was on a collision course with disaster. Mr. Roeder stated 15 March 1976 Hearing Page 5 that he did not wish to see city services reduced. He has watched inflation and would like to see that taken into account by the budgeting process. He suggested that growth in numbers of MSU students has created problems. Revenue sharing from the state government could help. Planning problems should be examined. Some of these problems are due to urban sprawl. Mr. Roeder asked what could be done, can the tax structure be changed so that prop- erty taxes are not the only source of taxes? Can people on the urban fringe, who are beyond the city limits, accept some finan- cial responsibility for the city? Grace Bates suggested another suboption, one in which the voters be given a choice between taxing authority of self govern- ment power governments and general power governments. John Parker asked if the city wanted to levy 80 mills, could they do so under general powers. Mr. Aasheim answered no. Mr. Parker then asked if the county residents could increase their limit. Grace Bates said they could if a majority voted to do so. She added that the proposed local government code proposes a limit of 75 mills. Mr. Aasheim explained that the Study Commission can recom- mend to the city commission that they not increase the mill levy more than 65 mills. Morris Jones stated that people are getting lazy. They used to do more for themselves and did not expect the government to do so many things for them. He cited shoveling snow from sidewalks as an example. We now expect government to do too much for us. Grace Bates explained that with self government powers if the city budget was too high for citizens to accept, 50 °,0 of the voters could petition for change. Keith Swanson asked how ordinances are passed. City commissioner Milt Vandeventer answered that there are several steps. First someone makes sure that whatever.is to be proposed is not already on the books. Then the facts concerning a proposed ordinance are brought together. The ordinance must then be worded correctly. The city is then petitioned for the ordinance. There is then a 30 day waiting period and the final hearing on it. Legal requirements for passing ordinances must be followed, but they are not very difficult to pass. 15 March 1976 Hearing Page 6 City Clerk Erna Harding affirmed Mr. Vandeventer's explana- tion. She added that citizens or the commission can petition for an ordinance. Protests are considered. If there are few protests the ordinance is passed. Mr. Aasheim asked whether there was public input. Mrs. Harding answered yes. John Parker asked whether the Study Commission had given up on service transfers or consolidations. Mr. Aasheim replied that the City Study Commission was pre- pared to work with the County Study Commission, but that any such arrangements would have to appear on the county ballot. To date no such arrangements have been forthcoming. Mr. Parker then asked if the trip to Boise to study consoli- dations was worth while. Ken Jones explained that they had looked at the partial con- solidation of law enforcement between Boise and Ada County. Mrs. Brandt asked if that resulted in reduction in costs and fewer people in the work force. Mr. Aasheim replied that equipment had been consolidated. Keith Swanson and Ken Jones described the consolidated street and road departments and explained that the consolidation made it possible to obtain federal funds. Ken M. Jones, not to be confused with Study Commissioner Ken R. Jones, asked about the various jurisdictions over roads in the city of Bozeman. The State takes care of Main Street and North 7th Avenue. Business Study commissioners discussed having a separate paper bal- lot or using voting machines and decided the paper ballot would be advisable. Mr. Aasheim asked Judy Mathre to send a letter of transmit- tal to Carl Stucky, Gallatin County Clerk and Recorder, and Erna Harding, Clerk of the Commission, with the certificate of elec- tion for June 1, 1976. He specified that a special election be asked for and that a separate ballot be used. The certificate of election must be sent to the County Clerk by April 29 1976. The certificate establishing the ballot must be sent to the County Clerk by April 229 1976. 15 March 1976 Hearing Page 7 The Study Commissioners signed the following certificates; 1. Certificate establishing the date of election. 2. Certificate establishing the ballot. 3. Certificate establishing the districts. 4. Certificate establishing the proposed form of government. 5. Certificate establishing the present form of government. Judy Mathre submitted John Anacker's cover drawings to study commissioners for approval. Several suggestions were made for altering, but the drawings received general approval. Study Commissioners discussed covers for the final report. A cover was selected. Mr. Aasheim asked Judy Mathre to take it to Artcraft Printers and ask that 1000 copies be made and that they be cut for a perfect binding. A rather long discussion followed concerning the need for placing some limit on the taxation authority of local government if self government powers were to be offered. Mr. Aasheim stated that he was opposed to limiting the taxing power and that there was not enough opposition to warrant it. Study Commissioners Swanson, Jones, Greenough, and Mathre agreed that it would be worth while to draft a charter with some restriction on taxing authority, particularly on the mill levy limit. All agreed that the June 1, 1976 election date would remain the same. Mrs. Mathre said she would try to write a charter, but asked that other study commissioners write their suggestions for taxing limitations. Mrs. Mathre also suggested that if it were possible to draft a charter in time, a lawyer be hired to read it for legal accept- ability. Commissioners agreed to meet Monday, March 22 for lunch to discuss the charter. The target date for finalizing the charter would be April 1, 1976. Adjournment There being no further business, the meeting was adjourned at 10;20 p.m. APPENDIX F CERTIFICATE ESTABLISHING THE EXISTING PLAN OF GOVERNMENT FOR THE CITY OF BOZEMAN, MONTANA If retained by the voters, the government of Bozeman shall be organized under the following provisions of Section 47A -3 -204, Revised Codes of Montana, 1947. l) 2 3 ,4 16 a iii) 6 b i) 6 c 6 d iii) 6 e ii Iii 6 f � 6 g ,7 a These sections establish the following form of government which shall be called the commission- manager form. (1) The commission- manager mission and a manager appointed the chief administrative office: manager shall be responsible to tration of all local government law, ordinance, or resolution. form consists of an elected com- by the commission who shall be r of the local government. The the commission for the adminis- affairs placed in his charge by (2) 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. (3) The manager shall: (a) enforce laws, ordinances, and resolutions; b perform the duties required of him by law, ordinance, or resolution; c administer the affairs of the local government; d direct, supervise, and administer all departments, agencies and offices of the local government unit except as otherwise provided by law or ordinances; (e) carry out policies established by the commission; f prepare the commission agenda; (g recommend measures to the commission; (h report to the commission on the affairs and finan- cial condition of the local government; (i) execute bonds, notes, contracts, and written obli- gations of the commission, subject to the approval of the commission; (j) report to the commission as the commission may re- quire; (k) attend commission meetings and may take part in the discussion, but he may not vote; (1) prepare and present the budget to the commission for its approval and execute the budget adopted by the commission; (m) appoint, suspend, and remove all employees of the local government except as otherwise provided by law or ordinance. Employees appointed by the man- ager and his subordinates shall be administratively responsible to the manager; (n) appoint members of temporary advisory committees established by the manager. (4) Neither the commission nor any of its members may dic- tate the appointment or removal of any employee whom the manager or any of his subordinates are empowered to appoint. (5) Except for the purpose of inquiry or investigation un- der 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. (6) The plan of government submitted to the qualified e- lectors shall further define the structural characteristics of the form by including the following items: (a) all members of boards, other than temporary ad- visory committees established by the manager, shall be appointed by the commission; b the commission shall be elected at- large; c local government elections shall be conducted on a non partisan basis as provided in this title; (d) the chairman of the commission shall be selected as provided by ordinance. (e) commission members shall be elected for overlap- ping terms of office; (f) the size of the commission, which shall be five (5) and community councils to advise commissioners, may be authorized by ordinance; (g) the term.of office of elected officials shall be four (4) years. (7) The plan of government shall have general powers. We, the Study Commissioners of the city of Bozeman, Montana, do hereby certify that this is the existing Plan of Government as established by Section 47A -3- 204, Revised Codes of Montana, 1947. -2- In testimony whereof, we set our hands. Executed at Bozeman, Montana this 15th day of March, 1976 Lo- l Government Study Commissioners: orliez,ZS. xasn gim, utiairman Jo e reenoug , Vice Chairman Judy ath e, ecretary & Treasurer enneth Jones, Ccohissioner , Commissioner APPENDIX G CERTIFICATE. Establishing the Proposed Plan of Government for the City of Bozeman CHARTER of the City of Bozeman Article I General Provisions Section 1.01 Powers of the City of Bozeman The city of Bozeman, Montana, shall have all powers not pro- hibited by the Constitution of Montana, the laws of Montana, or this charter. Section 1.02 Interpretation of Powers The powers and authority of this self government unit shall be liberally construed. Every reasonable doubt as to the exist- ence of a city power or authority shall be resolved in favor of the existence of that power or authority. Section 1.03 Oath of Office Before entering upon the duties of office, all elected city officials shall take and subscribe to the oath of office as pre- scribed in Article III, Section 3 of the Constitution of Montana. Section 1.04 Form of Government The city of Bozeman shall be governed by the commission - manager form of government. Article II City Commission ection 2.01 Composition, Terms, Election, Qualifications, Com- pensation, Removal, and Filling of Vacancies (1) The city of Bozeman shall have a commission of five (5) voting members including the mayor and deputy mayor. At least two (2) of the commissioners shall be elected every two (2) years. (2) Members of the city commission, including the mayor and deputy mayor, shall be elected for terms of four (4) years. (3) Elections for the city commission shall be non partisan. Page 2 (4) Members of the city commission shall be residents of the city of Bozeman and qualified electors. (5) As provided in Article V of this charter, three (3) city commissioners shall be nominated from districts in which they re- side and two (2), the mayor and deputy mayor, shall be nominated at- large. All shall be elected at- large. (6) The city commission shall determine the annual salary of city commission members by ordinance. Such ordinance must be adopted at least six (6) months before the next regular city general election and shall be effective on the date of the com- mencement of the terms of city commission members elected at that time. (7) (a) The office of a city commissioner shall become vacant upon death, resignation, removal from office in any manner author- ized by law, or forfeiture of office. (b) A commissioner shall forfeit office if that person: (i) loses eligibility for election to the commission seat; (ii) violates any express prohibition of this charter; (iii) is convicted of a felony. (8) In the event of vacancy, the city commission shall by majority vote of the remaining members, appoint a person, eligible to hold such commission seat, to fill the vacancy until the next regular city election at which time the remainder of the term shall be filled as provided by law and this charter. Section 2.02 Powers and Duties The city commission shall be the legislative and policy deter- mining body of the city. All powers of the city shall be vested in the city commission, except as otherwise provided by law or this charter. Section 2.03 Prohibitions on the City Commission (1) The city commission shall not impose an all purpose mill levy on real and personal property in excess of the limits pro- vided by law in the case of local governments with general gov- ernment powers except with prior approval of a majority of those voting on the question in a general or special municipal election. (2) Neither the city commission nor any of its members may dictate the appointment or removal of any employee whom the city manager or any of the city manager's subordinates are empowered to appoint. (3) Except for the purpose of inquiry or investigation under this charter or city ordinances, the city commission or its mem- bers shall deal with city employees who are subject to the direc- tion and supervision of the city manager solely through the city manager, and neither the city commission nor its members may give orders to any such employee, either publicly or privately. Page 3 Section 2.04 Election, Powers, Duties of the Mayor and Deputy Mayor (1) The position of mayor shall be an at -large city commis- sion position specifically designated as mayor. The position of deputy mayor shall be the other at -large city commission position. (2) The mayor shall be recognized as the official head of the municipality for the purpose of presiding at city commission meetings, for the purpose of service of civil process, and per- forming ceremonial functions. (3) The mayor shall exercise such powers conferred, and per- form all duties imposed by this charter, ordinance, or law. (4) The mayor shall appoint, with the consent of the city commission all members of boards, other than temporary advisory committees established by the city manager. Notice of vacancies on such boards shall be published in the local newspaper at least thirty (30) days prior to appointing such members. (5) The mayor shall, each January, communicate to the city commission and general public a statement of the affairs and management of the city, and may make recommendations regarding these matters. (6) The deputy mayor shall serve in the absence of the mayor. (7) In the event of vacancy in the mayor's office, the deputy mayor shall fill the vacancy. The city commission, by majority vote, shall fill the vacancy of the deputy mayor until the next regular city election. Article III City Manager Section 3.01 Appointment, Removal, and Compensation (1) The city commission shall appoint and may remove the city manager by a majority vote of the whole number of the commission. (2) The appointment shall be based on merit and shall be for an indefinite term. (3) The city commission shall annually set the salary of the city manager. Section 3.02 Duties and Responsibilities of the City Manager (1) The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city commission for the administration of all city affairs required by this charter, law, ordinance, or resolution. (2) The city manager shall: Nenforce laws, ordinances, and resolutions; perform the duties required by law, ordinance, or resolution; Page 4 (c) direct, supervise, and administer all departments, agencies, and offices of the city except as other- wise provided by law or ordinance; (d ) carry out policies established by the city commission; e prepare the city commission agenda; �f recommend measures to the city commission; g report to the city commission on the affairs and financial condition of the city; (h) execute bonds, notes, contracts, and written obliga- tions of the city of Bozeman; (i) report to the city commission as the commission may require; (j) attend city commission meetings and may take part in the discussion, but may not vote; (k) prepare and present the budget to the city commission for its approval and execute the budget adopted by the commission; (1) appoint, suspend, and remove all employees of the local government except as otherwise provided by law or ordinance. Employees appointed by the city manager and the city manager's subordinates shall be adminis- tratively responsible to the city manager; (m) appoint members of temporary advisory committees estab- lished by the city manager; (n) be responsible for the administration of an employee appeals procedure as adopted by the city commission. Article IV Community Councils (To be included in the charter if adopted by the voters as a charter suboption.) Section 4.01 Purpose There shall be three (3) community councils operating inde- pendently from the city commission or city officials and without financial assistance therefrom. The community councils shall advise the city commission of the various problems of their neighborhoods and may make recommendations for improvements. All of the elected community council members shall together comprise a Bozeman Citizens' Council. The Bozeman Citizens' Council shall review the annual budget and make recommendations relating to the budget and the future development of the city. Section 4.02 Composition, Boundaries, Election, Terms, and cwuaii i icaTi ons (1) The city commission shall, by ordinance, divide the city of Bozeman into three (3) community council districts apportioned by population. Page 5 (2) The city commission may by ordinance set the size of community councils. Each community council district shall have a council composed of at least three (3) members elected for two (2) year terms at an election held with the regular city election. (3) Nominees for election to a community council must be res- idents of and shall be elected from within their community council district. They shall file a nominating petition bearing the signa- tures of at least twenty -five (25) qualified electors of that com- munity council district with the city clerk at least thirty (30) days before the regular city election. (4) Each community council shall organize with a chairperson, secretary, and an official delegate to attend city commission meetings. In the event of vacancy on the community council, the remaining members shall appoint a person eligible to hold the position to fill the vacancy until the next regular city election. (5) Within thirty (30) days after election, each community council shall meet to organize, and within sixty (60) days after election, the mayor shall convene the community councils for a meeting of the Bozeman Citizens' Council. At that meeting, the Bozeman Citizens' Council shall elect a chairperson, vice chair- person, and secretary who shall take office immediately and pro- ceed with business. Article V Nominations and :elections Section 5.01 Elected City Officials The procedure for the nomination and election of all elected city commissioners shall be as prescribed by law for non partisan elections. Section 5.02 Districts For purposes of representation on the city commission, the city of Bozeman_ shall be divided into three (3) districts. Boundaries of commission districts may be changed in accordance with this charter. Section 5.03 Reapportionment of City Commission Districts (1) 'slithin six (6) months after an official United States census establishes that the population of any district differs in number from the average population of all districts by more than ten percent (10/), the city commission shall modify the boundaries of districts so that the difference is eliminated. (2) For the purposes of this section, the six (6) month period shall begin upon the availability of United States census data. Page 6 (3) If the city commission required by subsection one (1) fied time, the members of the pay and allowances until they their pay and allowances shall lenge to those modifications. Section 5.04 Redistricting fails to perform the modifications of this section within the speci- city commission shall forfeit all enact modifications, at which time resume unaffected by court chal- City commission district boundaries may be changed by ordin- ance, provided that any such revised district boundaries must comply with the population standards prescribed in Section 5.03 of this charter. In the event of a judicial challenge to the ordinance, the burden of proving compliance shall rest upon the city. Article VI Popular Controls Section 6.01 Initiative, Referendum, and Recall The people of Bozeman may exercise initiative, referendum, and recall as provided by law. Section 6.02 Open Government All meetings and records of the city of Bozeman shall be open to the public as provided by law. Article VII Amendment of Charter, Effective Date, Separability Section 7.01 Amendment of Charter This charter may be amended as prescribed by law. Section 7.02 Effective Date This charter shall become effective on May 2, 1977. Section 7.03 Separability If any provision of this charter is provisions of this charter shall not be application of the charter, or any part person or circumstance is held invalid, charter and its provisions to other per not be affected thereby. held invalid, the other affected thereby. If the of its provisions, to any the application of the sons or circumstances shall Page 7 Article VIII Transitional Provisions Section 8.01 General Transition Transition to this charter form of government shall be as prescribed by state law. The city commission may provide for such transition by ordinance, rule, or resolution not inconsistent with law. The provisions of this transition article shall not be pub- lished as part of the charter after July 1, 1978. Section 8.02 Commission Districts Until modified in accordance with the provisions of this charter, commission districts shall be as follows: District I shall include: Enumeration District 10 Enumeration District 10B Enumeration District 16 With the exception of part of Enumeration District 10 and 10B adjacent to Enumeration District 23 in the Hyalite Subdivision. District III shall include: Enumeration District 11 Enumeration District 12 Enumeration District 13 Enumeration District 20 Enumeration District 21 Enumeration District 22 Enumeration District 23 Enumeration District 10 and 10B adjacent to Enumeration District 23 in the Hyalite Subdivision. District II shall include: Enumeration District 14 Enumeration District 15 Enumeration District 17 Enumeration District 18 Enumeration District 19 Section 8.03 Terms of City Commissioners The persons elected as mayor initial terms of four (4) years. sioners, elected from districts, two (2) years. Section 8.04 Communit_�T Councils and deputy mayor shall serve The remaining three city commis - shall, serve initial terms of If the suboption on community councils is adopted, the effective date shall be April 5, 1977, except for the provisions of Section 4.02 (3) which shall become effective February 14, 1977. We, the Study Commissioners of Bozeman, do hereby certify that this is the Proposed Flan of Government approved by the Study Commissioners of Bozeman. In testimony whereof, we set our hands. Executed at Bozeman Montana this 12th day of April, 1976. orlie,2"S. Aasheim, Chairman c� Greenough, Vice '1�141 rn ad� Judy thre, Sectretary, Treasurer Kenneth R. Jones If s�'�S /i APPENDIX H CERTIFICATE ESTABLISHING THE ELECTION DATE AT WHICH THE ALTERNATIVE FORM OF GOVERNMENT SHALL BE PRESENTED TO THE ELECTORS OF BOZEMAN, MONTANA The alternative form of government proposed by the Local Government Study Com- mission shall be submitted to the voters of the city of Bozeman at the Primary election on June 1, 1976. We, the Study Commissioners of the city of Bozeman, Montana, do hereby certify that this is the election date approved by the Study Commissioners of the city of Bozeman. In testimony whereof, we set our hands. Executed at Bozeman, Montana this 15th day of March, 1976. Lo al Governme t Study Commissio (ers: To ie S. eim, C airman CIC JKYpe Greenough, Vic Chairman juay na.tnre, Secretary & Treasurer Kenneth Jones, uopnissioner Keith Swans , Commissioner APPEZTDIX I CERTIFICATE ESTABLISHING DISTRICTS APPORTIONED BY POPULATION The city of Bozeman shall be apportioned by population into three (3) districts as follows for the purpose of nominating com- missioners by district and electing community councils, if the alternative form of government is passed with the suboptions. District I shall include: Enumeration District 10 Enumeration District 10B Enumeration District 16 Population Deviation 2959 1883 1098 5940 With the exception of part of ED10 and 10B adjacent to ED23 in the Hyalite Subdivi- sion -86 Total 5854 ( -369) -6/ District II shall include: Enumeration District 14 576 Enumeration District 15 1862 Enumeration District 17 907 Enumeration District 18 2161 Enumeration District 19 1120 Total 6626 ( +403) +69/6 District III shall include: Enumeration District 11 306 Enumeration District 12 750 Enumeration District 13 1072 Enumeration District 20 1199 Enumeration District 21 654 Enumeration District 22 700 Enumeration District 23 1423 ED10 and 10B adjacent to ED23 in the Hyalite Sub- division. + 86 Total 6190 (- 33) -.5/ A partial census was carried out by telephone to determine the population in ED10 and 10B adjacent to ED23 in the Hyalite Subdivision. The population figures are based on the.official 1970 census. According to the census total city population was 18,670. The ideal district population based on three (3) dis- tricts is 6,223. We, the Study Commissioners of the city of Bozeman, Montana, do hereby certify that these are districts apportioned by population, for the city of Bozeman, approved by the Study Commissioners of the city of Bozeman. In testimony whereof, we set our hands. Executed at Bozeman, Montana this 12th day of April, 1976. cal Government Study Commissioner: A t A JH ( • lZft k- % � , 6ecretary & 'Treasurer enneth Jones, ComTissioner wanson, uommissioner I N uut f! on 191 __.00' Coll I-City Hall, Police,a Fire Station 2-Bus Depot 3-Bozemon Public Library - 4 -Post Office - Federal Building - 5- Bozeman Deaconess Hospital 6- Gallatin County Courthouse = 7- Bozeman Senior High School 8 -Fire Station No.2 9- Montano State University IO-M.S U Fieldhouse II -Reno Sales Stadium 12-Museum of the Rockies 13- Sunset Hills Cemetery 14-Amtrac Depot I5-Gallotin County Fair Gounds 16-Gallatin County Rest Home 17-Hillcrest Home 18-MSU Student Housing CITY OF BOZEMAN MONTANA a o � ,.r 151 Revised: Feb., 1975 District M o.p I NO X10 Ellie Hill. d• Lane — i -yo APPENDIX J CERTIFICATE ESTABLISHING THE OFFICIAL BALLOT Instruction to voters: Place an "X" in the boxes which express your preference. The full text of the proposed form of government and of the existing form of government are a- vailable at your polling place. OFFICIAL BALLOT BALLOT ON ALTERNATIVE FORM OF LOCAL GOVERNMENT FOR THE CITY OF BOZEMAN, MONTANA If the proposed form of government fails to receive a majority of the votes cast on the question, the sub - option also fails. If the proposed form is adopted, the suboption requires only a plurality of votes cast on the suboption for adoption. PLEASE VOTE ON BOTH ISSUES 1. Vote for one. For adoption of the charter of the commission - manager L J form of government with self government powers as pro- posed in the report of tFie Bozeman Local Government Study Commission. ❑For the commission- manager form with general powers. (The existing form of government.) 2. Vote for one. Suboption to be included in the new form of government, if the new form is adopted. F-1 Community councils of at least three (3) members shall be elected within each district to advise the commissioners. Community councils to advise commissioners may be author- ized by ordinance of the city commission. (This opportu- nity exists at present.) We, the Study Commissioners of the city of Bozeman, Montana, do hereby certify that this is the official ballot approved by the Study Commissioners of the city of Bozeman. In testimony whereof, we set our hands. Executed at Bozeman, Montana this 12th day of April, 1976. cal Government Study Commissioners: ��Z- /,t?,, ea-4, f orlie,'S. Adsheim, Chairman reenough, Vice Chairman e th Swanson,-Commissioner BA/ of tocal government �: 2