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
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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.
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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.
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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
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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-
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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
—
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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