HomeMy WebLinkAbout1996 Final Study CommissionBOZEMAN
CITY GOVERNMENT STUDY COMMISSION
1994 - 1996
FINAL REPORT
ADOPTED
AUGUST 13, 1996
PO BOX 6656
BOZEMAN MONTANA 59771 -6656
(406) 587 -2840
Executed August 19, 1996
TABLE OF CONTENTS
LETTER TO CITIZENS OF BOZEMAN ............ ............................... 2
SUMMARY OF RECOMMENDATIONS ........... ............................... 3
A. Findings of the Study Commission ......... ............................... 3
B. Key Provisions of the Proposed Form ....... ............................... 4
1. Self- Government Powers ....... ............................... 4
2. Commission- Manager Structure . ............................... 4
3. Increased Representation ....... ............................... 4
4. Taxes & Fees ................. ..............................4
COMPARISON OF SPECIFIC CHARACTERISTICS . ............................... 5
CERTIFICATE ESTABLISHING THE EXISTING PLAN OF GOVERNMENT ........... 6
CERTIFICATE ESTABLISHING THE PROPOSED CHARTER ....................... 9
CERTIFICATE FOR THE APPORTIONMENT OF COMMISSIONER DISTRICTS ....... 18
MAP OF COMMISSION DISTRICTS .............. ............................... 20
CERTIFICATE ESTABLISHING THE DATE OF THE SPECIAL ELECTION ........... 21
CERTIFICATE ESTABLISHING THE OFFICIAL BALLOT ......................... 22
CERTIFICATE ESTABLISHING THE DATES OF THE FIRST PRIMARY
AND GENERAL ELECTIONS .................. ............................... 23
LETTER TO CITIZENS OF BOZEMAN
To the Citizens of Bozeman:
The Bozeman City Government Study Commission elected by the voters on November 8, 1994, or
thereafter appointed, presents this tentative report to you, the citizens of Bozeman.
The purpose of the study commission, as defined in Montana law, is "to study the existing form and
powers of a local government and procedures for delivery of local government services and to compare them
with other forms available under the laws of the state." After completing these two phases of the study, it
is the responsibility of the study commission to submit a tentative report recommending no change, propose
an amendment to the existing form of government, or offer an alternative form of government to the
qualified electors.
In every review phase this study commission sought advice and information from as many Bozeman
citizens as possible. Our recommendations reflect the thoughts and opinions of the citizens who participated
in this study process.
This tentative report presents our recommendations for an alternative form of government that will
provide the present and future governmental services expected by the public, be more responsive to local
citizens, and provide more opportunity for devising solutions to local problems. We feel the citizens of
Bozeman can achieve these goals by adopting this Charter, which provides self - governing powers and
retains the present commission- manager structure with some alterations.
The question of adopting this alternative form of government will be placed on the ballot November
5, 1996.
We solicit your support for its adoption.
Respectfully submitted,
�an C'ty Governmen Study Commission
JENNIFER SMITH MITCHELL, Chair
JOANNE H. EATON
ROBERT F. KERN
OF , ,sus.
1-5,P11"WrOw.m
7
City Gov't Study Commission
F,�- rllff-d Anonet 1Q 1Q0A
SUMMARY OF RECOMMENDATIONS
A. Findings
Study Commission findings are based on:
• interviews with city department heads, manager, attorney, clerk, and commissioners;
• questionnaires sent to and received from city employees, former and current commissioners, and
former and current advisory and administrative boards members;
• citizen opinions obtained from public hearings, joint meetings with the County Study Commission,
public participation at our meetings, questionnaires, correspondence and focus groups;
• a scientific statistical telephone survey conducted by an independent professional firm; and
• study of alternative forms of government and individual study commissioner investigations and
experience.
The Study Commission's findings are:
Bozeman's needs have changed since the approval of its current form of government in 1921. The
city faces increased growth in and immediately outside its boundaries. This will continue to
challenge the ability of government to meet demands for needed services and to replace its aging
infrastructure. These problems might best be addressed by a consolidated city /county government.
However, there is insufficient support for consolidation. As a result, Bozeman needs to anticipate
and solve these problems itself, or cooperate in new ways with other local governments. Presently
city government is little more than an administrative arm of the state government. Bozeman needs
the ability to legislate its own solutions to its own problems.
2. Most voters surveyed felt the city commission understands the workings of the city and sets policy
effectively. Most voters surveyed also felt city administration manages city operations effectively.
However, at least one third of voters surveyed did not think the commission or the management
treated the public like a valued customer. A large majority (86 %) of surveyed voters wanted to be
surveyed periodically about how the city is being managed and operated.
Many citizens do not feel represented by city commissioners. Voters have lost that "local" feeling
which should be in local government. "At- large" elections inhibit adequate debate between
individual candidates, decrease the ability of voters to differentiate between candidates, and increase
the money and time needed to campaign. Historically, most commissioners have resided in one
section of the city. Many commissioners do not choose to campaign for, or serve, a second term.
When surveyed, voters felt lack of consistency was the biggest weakness of the commission.
4. Once elected, commissioners spend 20 -30 hours a week at their part-time positions. Even with this
large demand on their time, commissioners find it difficult to supervise their staff, coordinate with
advisory and administrative boards, spend enough time in long range planning for the city, and meet
other demands of the position. Many board members felt access to, and communication with, the
commission was limited. A commissioner no longer serves on the city /county planning board. This
board addresses the subject most surveyed voters felt was both a priority and the area needing most
improvement.
5. Bozeman's present governmental structure does not allow voters to directly select their mayor. This
critical leadership position has often been held by people not seeking that office. Most voters
surveyed and most public input indicated that citizens want to directly elect their mayor.
3
City Gov't Study Commission
Final Report Executed August 19, 1996
6. A large majority of voters surveyed (85 %) want to vote on all or some new taxes and fees. Some
fees have increased drastically. The city has implemented many new taxes including impact fees,
surcharges, garbage tag fees and city -wide special improvement maintenance districts. These new
taxes appear to divide the city deeply and cause criticism and distrust of government, in addition to
their obvious financial impacts on taxpayers.
In order to address these findings, the study commission recommends: a charter form of government with
self - governing powers; maintaining the commission- manager structure; increasing the size of the
commission; electing the commissioners by districts; directly electing the mayor; and setting limits on taxes
and fees by requiring voter approval.
B. Key Provisions of the Proposal
The proposed charter has the following key provisions:
1. Self - Government Powers: Adopting self - governing powers giving greater flexibility in shaping
our governmental structure, more responsibility to recognize and deal with our own problems, and
greater power to solve these problems. This option became available under the 1972 Montana
Constitution.
2. Commission - Manager Structure: The current commission- manager structure will be maintained
with the following minor adjustments. Subject to the commission's general direction, the manager
controls the hiring and firing of city personnel, directs and supervises the administration of all
departments, prepares the budget, and is in charge of the business affairs of city government. The
city attorney shall be hired by the commission.
3. Increased Representation: Creating a commission of seven (7) part-time members will provide a
legislative body large enough to insure adequate representation and yet small enough to be
efficient. Electing the commission by district and directly electing the mayor at -large will
encourage citizen participation and provide a city -wide perspective.
4. Taxes & Fees: Limit all city tax and fee increases to the Consumer Price Index unless approved
by the voters. Put an expiration date on all new taxes and fees not approved by the voters.
4
City Gov't Study Commission
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CERTIFICATE
ESTABLISHING THE EXISTING PLAN OF GOVERNMENT
FOR
BOZEMAN, MONTANA
If retained by the voters, the government of Bozeman shall be organized under the following provisions of
MCA 7 -3 -4301 which authorizes the elected city official form of government;
7 -3 -4301. Authorization for commission - manager form of municipal government. (1) Any
municipality may abandon its organization and reorganize under the provisions of this part and part 44 by
proceeding as hereinafter provided. (2) The form of government provided for in this part and part 44 shall
be known as the commission- manager plan and shall consist of a commission of citizens, who shall be
elected at -large in the manner hereinafter provided by the following sections:
(a) 7 -3 -4302 Construction;
(b)
7 -3 -4303
Laws governing municipality;
(c)
7 -3 -4304
Territorial limits and property;
(d)
7 -3 -4305
Petition to organize under commission- manager form - election required;
(e)
7 -3 -4306
Proclamation and notice of election;
(f)
7 -3 -4307
Form of ballot;
(g)
7 -3 -4308
Conduct of election;
(h)
7 -3 -4309
Effect of vote on question of organization;
(i)
7 -3 -4310
Special election for municipal officers;
0)
7 -3 -4311
Procedure for multimunicipality organization;
(k)
7 -3 -4312
Effect of organization of communities into single municipal district;
(1)
7 -3 -4313
Powers of municipalities under commission- manager plan;
(m)
7 -3 -4314
Composition and general authority of commission;
(n)
7 -3 -4315
Qualifications of commissioners;
(o)
7- 34316
Term of office for commissioners;
(p)
7 -3 -4317
Vacancies;
(q)
7 -3 -4319
Designation of mayor;
(r)
7 -3 -4320
Role of mayor;
(s)
7 -3 -4321
Compensation of commissioners and mayor;
(t)
7 -3 -4322
Meetings of commission;
(u)
7 -3 -4323
Conduct of commission business;
(v)
7- 3-4324
Procedure to enact ordinance or resolution;
(w)
7 -3 -4325
Effective date of ordinance or resolution;
(x)
7 -3 -4326
Emergency measures;
(y)
7 -3 -4327
Petition for initiative;
(z)
7 -3 -4341
General provisions relating to elections;
(aa)
7 -3 -4361
Appointment of city manager;
(bb)
7 -3 -4362
Role of city manager;
(cc)
7 -3 -4363
Powers and duties of city manager;
(dd)
7 -3 -4364
Compensation of city manager;
(ee)
7 -3 -4365
Investigations by commission;
(fo
7 -3 -4366
Investigatory powers of city manager;
(gg)
7 -3 -4367
Control of conflict of interest;
(hh)
7 -3 -4368
Execution of conveyances of real property;
(ii)
7 -3 -4369
Appropriation of property for public or municipal purposes;
6j)
7 -3 -4370
Use of county buildings;
6
City Gov't study Commission
Final Rennrt
Executed August 19. 1996
(XI-d-c')
7 -3 -4371
Estimate of expenditures and revenues - exception;
(11)
7 -3 -4372
Procedure to enact appropriate ordinance - exception;
(mm)7
-3 -4373
Financial administration;
(nn)
7 -3 -4374
Details of public advertising or publication;
(oo)
7 -3 -4401
Administrative departments;
(pp)
7 -3 -4402
Appointment of department directors;
(qq)
7 -3 -4403
Role of department director;
(rr)
7 -3 -4404
Appointment of boards;
(ss)
7 -3 -4405
Establishment of civil service board;
(tt)
7 -3 -4406
Organization of board;
(uu)
7 -3 -4407
Classification of civil service;
(vv)
7 -3 -4408
Role of civil service board;
(ww) 7 -3 -4409
Role of chief examiner;
(xx)
7 -3 -4410
Probationary period;
(yy)
7 -3 -4411
Procedure for discharge, demotion, or suspension of employee;
(zz)
7 -3 -4412
Retention of existing positions;
(ab)
7 -3 -4413
Certification required to receive salary;
(ac)
7 -3 -4414
Investigatory powers of civil service board;
(ad)
7 -3 -4415
Prohibition on discrimination in employment;
(ae)
7 -3 -4416
Violation of civil service provisions;
(af)
7 -3 -4417
Fixing compensation;
(ag)
7 -3 -4418
Power to establish eight -hour day;
(ah)
7 -3 -4431
Department of finance;
(ai)
7 -3 -4432
Accounting procedures;
(aj)
7 -3 -4433
Claims and issuance of warrants;
(ak)
7 -3 -4434
Purchase and sale of supplies and property;
(al)
7 -3 -4435
Approval required for certain contracts;
(am)
7 -3 -4436
Sinking fund trustees;
(an)
7 -3 -4441
Department of public service;
(ao)
7 -3 -4442
Local improvements;
(ap)
7 -3 -4443
Utility connections;
(aq)
7 -3 -4444
Supervision of plats;
(ar)
7 -3 -4445
Subdivided lands;
(as)
7 -3 -4446
Acceptance of streets or alleys;
(at)
7 -3 -4447
Supervision of public places;
(au)
7 -3 -4448
Vacating or changing name of street;
(av)
7 -3 -4449
Grant of right to use or occupy public places;
(aw)
7 -3 -4450
Renewal of franchises;
(ax)
7 -3 -4451
Prohibition on exclusive grant or franchise;
(ay)
7 -3 -4452
Grant to operate public utility;
(az)
7 -3 -4453
Assessments for snow, ice, weed, and rubbish removal;
(ba)
7 -3 -4461
Department of law;
(bc)
7 -3 -4462
Office of city judge;
(bd)
7 -3 -4463
Department of public welfare;
(be)
7 -3 -4464
Department of public safety;
(bf)
7 -3 -4465
Police department; and
(bg)
7 -3 -4466
Fire department.
7
City Gov't Study Commission
Finnl RPnnrf
Executed Ausust 19, 1996
SEAL
o
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
8
City Gov't Study Commission
Final R -nnrt
We, the Study Commissioners of the City of
Bozeman, do hereby certify this is the existing plan of
government for the city of Bozeman.
In testimony whereof, we set our hands.
Done at Bozeman, Montana this /9 day of
0, 1996.
C IV lii��l
JENNIFER SMITH MITCHELL, Chair
ANNE H. EATON
ROBERT F. KERN
F Y 1(11**,Ke--��KRAUSS
d', ��wj �
CARROLL V. HENDERSON
Executed August 19, 1996
CERTIFICATE
ESTABLISHING THE PROPOSED CHARTER
FOR
BOZEMAN, MONTANA
PREAMBLE: We, the people of Bozeman, Montana, grateful for our past, confident of our future and
having considered the form of government which will best maintain the health, safety and welfare of our
citizenry, do adopt this charter to establish our self - determination as a city.
ARTICLE I
GENERAL PROVISIONS
Section 1.01 - Powers of the City
The city shall have all powers possible for a self - government city not specifically prohibited under the
Constitution, the laws of this State, and this charter.
Section 1.02 - Taxes & Fees
1. City fees and charges imposed on city residents or assessed on real or personal property within city
limits shall increase no more than the percentage increase in the Consumer Price Index -Urban (CPI -U).
The index used shall be the CPI -U (National) from the U.S. Department of Labor, Bureau of Labor
Statistics for the twelve (12) month period ended in December of the previous year. However, at any
city general election or by special election, the city commission may place on the ballot a measure to
approve greater increases. If approved by a majority vote, the city commission shall then implement the
increase the following fiscal year.
2. All new special taxes, fees, charges and assessments, however denominated, charged to city residents
or upon real or personal property within the city of Bozeman, including, but not limited to, special
maintenance district assessments, impact fees, surcharges for services, and permit fees, shall be
submitted to city voters at the next city general election following the approval of such by the city
commission. Should any such tax, levy, fee, charge or assessment not be approved by a majority of
those voting, it shall be valid only for the period starting with commission approval up to the end of the
fiscal year ending June 30 following said city general election, after which time it shall not be imposed,
assessed, charged, or levied by city commission action without a prior vote of approval in a city general
election. Existing taxes and/or fees shall not be considered "new" under this charter.
3. Paragraphs 1 & 2 above shall not apply to the all- purpose general fund mill levy.
4. All Montana statutory and constitutional limitations regarding the level of property taxes in Class I
Cities with general government powers shall apply to the city of Bozeman.
Section 1.03 - Oath of Office
Before beginning the duties of office, all elected city officials shall take and subscribe to the following oath
of office: "I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the
United States, the Constitution of the State of Montana, the Charter of the city of Bozeman and that I will
discharge the duties of my office with fidelity (so help me God)."
ARTICLE II
LEGISLATIVE
Section 2.01 - Legislative Branch
The legislative branch shall be the city commission and the mayor. A majority of the whole number of the
commission shall constitute a quorum. A majority vote of the whole number of the commission is required
to pass a motion.
City Gov't Study Commission
Final Report 9 Executed August 19, 1996
Section 2.02 - Composition
The city commission shall be comprised of seven (7) voting members: six (6) city commissioners and the
mayor.
Section 2.03 - Election
The procedure for the nomination and election of all city officials shall be as prescribed by state law for non-
partisan elections.
Section 2.04 - Forfeiture of Office
The office of commission member or mayor shall become vacant upon death, resignation, removal from
office in any manner authorized by law, or forfeiture of office.
2. A commission member or mayor shall forfeit office if the official:
a) lacks at any time during his/her term of office any qualification for the office prescribed by the
charter or by law; or
b) violates any expressed prohibition of this charter; or
c) is convicted of a felony.
Section 2.10 - City Commission: Election, Terms, Vacancies and Qualifications
1. Commissioners shall be elected from three (3) districts, only by the voters who reside in each district.
Two (2) commission members shall be elected from each district.
2. Commissioners shall serve for terms of four (4) years. One (1) commissioner from each district shall
be elected every two (2) years.
3. Commissioners shall reside within the district from which they are nominated and elected and shall be
qualified voters of the city of Bozeman.
4. If there are more than two (2) candidates for any one commission seat, a primary election shall be held.
The two (2) candidates receiving the highest number of votes in the primary shall advance to the general
election.
5. Commissioners and the mayor shall take office the first Monday after January 1 in the year following
the election.
6. The commission shall be the judge of the election, qualifications of its members, and the grounds of
forfeiture of their office. A member charged with conduct constituting grounds for forfeiture of office
shall be entitled to a public hearing on demand.
7. In the event of a vacancy, the 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 that time the remainder of the term shall be filled through the election procedure described in this
charter.
8. If any elected city official runs for a different public office, that official must resign the city office
presently held, unless the expiration of that official's present term ends on or before the commencement
date of the office being sought.
Section 2.12 - Compensation
The commission shall establish, by ordinance, the annual compensation of its members including the mayor.
No commission member or mayor shall receive a salary increase in the same term that the increase was
authorized.
10
City Gov't Study Commission
FtP�ttt� l q.t�nct 10 lOOF
Section 2.13 - City Commission: Powers & Duties
1. The commission shall be the legislative and policy determining body of the city. All powers of the city
shall be vested in the commission, except as otherwise provided by law or this charter. The commission
shall provide for the exercise thereof and for the performance of all other duties and obligations imposed
on the city by law.
2. Specific commission powers and duties include, but are not limited to:
a) appointing, supervising and removing the professional staff of the commission;
b) designating substitutes for the professional staff in case any member of the staff becomes
incapacitated and is unable to perform their duties;
c) adopting an annual budget, levying taxes and special assessments, borrowing money, and issuing
bonds subject to Montana law. Appropriations, exclusive of bond and loan indebtedness, shall not
exceed anticipated revenue;
d) adopting an administrative and personnel code;
e) adopting procedures for contracting with private and public agencies;
f) approving citizens nominated by the mayor to boards, councils, special committees or any other
body established pursuant to law;
g) serving as liaison to boards (every board shall have a commissioner liaison);
h) providing for a mandatory independent annual audit of all city accounts and more frequent audits
as it deems necessary; and
i) meeting as often as necessary to conduct city business.
Section 2.20 - Mayor: Election, Terms and Qualifications
1. The mayor shall be a resident and qualified voter of the city of Bozeman and shall be elected at -large
for a term of four (4) years.
2. After every regular city election, the commissioners, no later than one month after taking office, shall
elect the mayor pro tempore from among themselves. The mayor pro tempore shall serve as the
presiding officer in the absence of the elected mayor.
3. If there are more than two (2) candidates for mayor, a primary election shall be held. The two candidates
receiving the highest number of votes in the primary shall advance to the general election.
Section 2.21 - Mayor: Powers and Duties
1. The mayor shall be the presiding officer of the commission and shall have full commissioner powers.
The mayor shall be the official head of the government for the purposes of civil processes, State military
law, all ceremonial occasions, and shall execute contracts, deeds and other documents approved by the
commission.
2. Specific mayoral powers and duties include, but are not limited to:
a) exercising all powers and duties imposed by this charter, the ordinances of the city and the laws
of the state, except that the mayor shall have no power to veto any measure;
b) directing the manager to set the agenda for commission meetings. The agenda shall include any
item the mayor or any two commissioners direct the clerk of the commission to add upon written
notice to the manager and the clerk of commission five (5) days prior to the meeting;
c) nominating all members of boards, commissions or special committees to the commission for its
approval;
d) appointing two citizen members who reside within the city limits to the city - county planning
board; and
e) chairing the finance committee.
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City Gov't Study Commission
Final Report
Executed August 19, 1996
Section 2.30 - Administrative Review
On a majority vote of the whole number of the commission, the commission shall review, and/or investigate
any operation, management decision, administrative function or other affairs of the city. The commission
may compel, by subpoena, the attendance and testimony of witnesses and the production of books and
records.
Section 2.31 - Appointment and Removal of Professional Staff and Prohibitions
1. The manager, attorney and clerk of the commission shall be the professional staff and contractual
employees of the commission.
2. The commission shall appoint and contract with its professional staff by a majority vote of the whole
number of the commission and based on merit. The staff shall serve at the pleasure of the commission
for an indefinite term.
3. The commission may remove a professional staff member by a majority vote of the whole number of
the commission.
4. The commission shall set the salary of its professional staff.
5. Neither the commission, its members, nor the mayor shall in any manner dictate the appointment or
removal of any city administrative officer or employee whom the manager or any of the manager's
subordinates are empowered to appoint.
Section 2.32 - Interference with Administration
1. Except for purposes of review and investigation, the commission, its members and the mayor shall deal
with the city officers and employees who are subject to the direction and supervision of the manager
solely through the manager.
2. Neither the commission, its members, nor the mayor shall give orders to any city officer or employee
either publicly or privately.
3. A department head, or the department head's designee, shall attend commission meetings as requested
by the manager, mayor or commission.
ARTICLE III
ADMINISTRATION
Section 3.00 - City Manager
The city manager shall be the chief administrative officer of the city and shall be responsible to the
commission for the administration of all city affairs required by this charter, law, ordinance or resolution.
The manager shall not be the mayor or a commission member at the time of employment. Once appointed,
the manager shall reside in the city of Bozeman.
Section 3.01 - City Manager: Duties & Responsibilities
1. The manager shall:
a) carry out policies established by the commission;
b) perform the duties as required by law, ordinance, resolution, or this charter;
c) enforce Iaws, ordinances and resolutions;
d) administer the affairs of the city;
e) direct, organize, supervise and administer all departments, agencies and offices of the city;
f) appoint, suspend and remove all employees of the city government except the commission's
professional staff;
g) prepare the budget in consultation with the commission, department heads, representatives of
12
City Gov't Study Commission
Find RPnort
Executed August 19, 1996
applicable advisory and administrative boards, and the finance committee of the commission. The
manager shall submit the budget for commission approval and execute the budget adopted by the
commission;
h) report publicly to the commission at least quarterly on the financial condition of the city;
i) recommend measures to the commission;
j) attend commission meetings and take part in the discussion, but have no vote;
k) appoint, with the approval of the commission, an acting manager to exercise the powers and
perform the duties of the manager during temporary absences; and
1) perform such other duties as the commission may prescribe.
2. The manager shall not delegate any of the duties and responsibilities in this section without consent of
the commission.
3. The manager may, without notice, examine the affairs of any department, division, office, agency or
other city administrative unit or employee under the manager's authority.
Section 3.10 - City Attorney
1. The city attorney is the chief legal adviser to the commission, the manager and all city departments,
offices and agencies. The attorney shall maintain the client - attorney relationship with the commission.
The attorney shall represent the city in all legal proceedings and shall perform any other duties
prescribed by ordinance. The attorney shall not be the mayor or a commission member at the time of
employment and need not be a resident of the city or state at the time of employment.
2. The attorney shall be licensed to practice as an attorney in the state of Montana.
Section 3.11 - City Attorney: Duties & Responsibilities
The attorney shall:
1. attend before the city or municipal court and other courts, and prosecute on behalf of the city;
2. draft, for the use of the commission, contracts and ordinances for the government of the city;
3. give written opinions on questions pertaining to the duties and the rights, liabilities and powers of the
city when requested by either the mayor or commission;
4. perform such other duties pertaining to the functions of the city as the commission may prescribe by
resolution;
5. attend or send a qualified representative to all commission meetings; and
6. appoint assistant city attorneys with approval of the commission.
Section 3.12 - Employment of special or additional legal counsel
Nothing in this charter shall prevent the commission from employing in special cases on a contract basis:
1. an attorney to perform services not specifically provided under MCA 7 -4 -4604; or
2. additional or other legal counsel.
Section 3.20 - Clerk of the Commission
The clerk of the commission shall perform a variety of secretarial, clerical and managerial duties to ensure
the effective and efficient operation of the legislative branch of the city of Bozeman.
Section 3.21 - Duties of Clerk of the Commission related to administration: In addition to those duties
prescribed by MCA 7 -4 -4501, the clerk of the commission shall:
1. train the administrative and advisory board secretaries as requested by those boards;
13
City Gov't Study Commission
c :—,i vo, r Fxecuted Anunet 19 1996
2. process board minutes and distribute copies to commission members and manager; and
3. perform such other duties as the commission may prescribe.
Section 3.22 - Duties of Clerk of the Commission related to city records and papers: In addition to
those duties prescribed by MCA 7 -4 -4502, the clerk of the commission shall index and retain all inter -local
agreements.
Section 3.30 - Administrative Code
The commission shall adopt a written administrative code which shall provide the complete plan of
organization of the city government and shall include, but not be limited to:
1. the function, organization, procedures and reporting relationships for each department;
2. comprehensive budget schedules and procedures for the government; and
3. operating procedures for boards, commissions and any other government bodies.
Section 3.31 - Personnel Code
The commission shall adopt a written comprehensive personnel code.
ARTICLE IV
CITIZEN INVOLVEMENT IN GOVERNMENT
Section 4.01 - Citizen Involvement
The commission shall establish boards, councils, special committees, commissions and other bodies of an
advisory or administrative nature to assist the commission in the exercise of its duties. The city of Bozeman
encourages citizens to participate in these bodies by serving as members and attending meetings.
Section 4.02 - Appointment, Compensation, Terms and Qualifications for Boards, Commissions or
Special Committees
1. The mayor shall nominate all members for appointment to boards, commissions or special committees
for the commission's approval, unless otherwise provided by federal or state law, interlocal agreement,
city ordinance or this charter.
a) The commission shall designate boards, commissions or special committees responsible for
individual funds or trust accounts as administrative boards, commissions or special committees.
All other boards, commissions or special committees shall be designated as advisory boards,
commissions or special committees.
b) Notice of a vacancy shall be published fifteen (15) days prior to appointment.
c) Members of boards, commissions or special committees shall hold no elected city office unless
required by federal or state law, interlocal agreement, city ordinance, or this charter.
d) Members of boards, commissions or special committees shall not be eligible for reappointment to
the same board, commission or special committee at the end of their term after serving seven (7)
years without a two (2) year recess.
2. Board, commission, or special committee members shall serve without compensation.
Section 4.03 - Initiative, Referendum and Recall.
The electors of the city of Bozeman may exercise the powers of the initiative, referendum and recall as
provided by Montana law.
Section 4.04 - Open Government
All records of the city of Bozeman, including the commission and all boards, special committees and
commissions, shall be open to the public as provided by Montana law. All meetings and hearings of such
bodies shall be publicly announced in advance and shall be open to the public as provided by Montana law.
14
City Gov't Study Commission
Final Report
Executed August 19. 1996
ARTICLE V
FINANCIAL ADMINISTRATION
Section 5.01 - Budget
1. The manager shall prepare the budget in consultation with the applicable boards and department heads.
2. Each department head shall submit to the manager the full report of the department's anticipated
revenues and expenditures in comparison to the previous year.
3. The manager shall present to the commission a comprehensive budget which shall detail:
a) all sources and uses of funds;
b) all revenues classified by source;
c) all expected expenditures classified by department, fund and object code; and
d) a comparison of actual prior year and anticipated revenues and expenditures by designated
accounts.
4. The commission shall establish a finance committee to be chaired by the mayor. This committee:
a) shall participate in the budget process by examining all or part of the manager's proposed budget;
b) may authorize performance audits or other evaluations of individual departments or processes; and
c) shall receive applicable comments from boards, commissions or special committees.
The commission shall account separately for all trust and dedicated funds. Neither these funds nor their
respective operations shall be intermingled with other city funds or operations.
6. The commission may authorize loans from trust funds to other city funds. These loans shall be repaid
to the trust fund within ten (10) years of the initial loan. These loans from trust funds shall earn interest
of not less than the effective yield on 5 -year U.S. Treasury Notes, as of November 30 of the preceding
year and adjusted every November 30 thereafter. Interest shall be paid semi - annually on December 31
and June 30 to the trust funds.
7. The commission may dissolve trusts and funds dedicated for future needs with values (including cash
and/or property) of $25,000 or less with a three - fourths (3/) majority vote of the whole number of the
commission. Dissolving such funds in excess of $25,000 in value requires voter approval.
ARTICLE VI
REAPPORTIONMENT
Section 6.01 - Reapportionment of Districts
Within six (6) months after the release of the United States census data, the commission shall modify the
boundaries of commission districts so no district differs in population from the average population of all
districts by more than five percent (5 %).
Section 6.02 - Redistricting
District boundaries may be changed by ordinance. Revised district boundaries must comply with the
population standard prescribed in this charter or by Montana law. In the event of a judicial challenge to the
ordinance, the burden of demonstrating compliance shall rest upon the city.
Section 6.03 - Annexation
1. Any newly annexed area that is in a precinct which is new to the city shall be included in the district with
which it shares the largest boundary.
2. Any newly annexed area that is in a precinct already partially included in a district shall become part of
that district.
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City Gov't Study Commission
Final RPnnrt F,xecuted Auonct 19 1996
ARTICLE VII
AMENDMENT OF CHARTER and SEVERABILITY
Section 7.01 - Amendment of Charter
This charter may be amended only as provided by Montana law. A majority of those voting on the question
shall be required for passage of a charter amendment.
Section 7.02 - Severability
If any provision of this charter is held invalid, the other provisions of this charter shall not be affected
thereby. If the application of the charter, or any part of its provisions, to any person or circumstances is held
invalid, the application of the charter and its provisions to other persons or circumstances shall not be
affected thereby.
ARTICLE VIII
TRANSITION PROVISIONS
Section 8.01 - General Transition
The current commission shall, by ordinance, provide for transition to the charter form of government
consistent with Montana law, (MCA 7 -3 -157).
Section 8.02 - Election Transition
1. The present commission shall continue in office and govern until the new commission and mayor are
elected and take office.
2. Following the adoption of this charter, and in keeping with the current city election schedule, a mayor
and four (4) commission members shall be elected.
Present commission members shall represent the district in which they reside and shall serve to the end
of their present terms.
a) District 1. The two commission members in district 1 shall serve to the end of their term in 2000.
The commission members elected in the 1999 city general election shall draw lots to determine
who will serve a four (4) year term and who will serve a two (2) year term.
b) District 2. The commission members elected in the 1997 city general election shall draw lots to
determine who will serve a four (4) year term and who will serve a two (2) year term.
c) District 3. The commission members elected in the 1997 city general election will draw lots to
determine who will serve a four (4) year term and who will serve a two (2) year term.
d) Mayor. Nominated and elected at -large in the 1997 city elections.
4. This transitional article shall become effective November 6, 1996, and shall expire on January 3, 2000.
5. This charter shall become effective January 5, 1998.
6. All city of Bozeman employees may continue in the performance of their duties according to existing
personnel provisions, unless their positions are terminated by the administrative code. Employees whose
positions are terminated by provisions of the administrative code shall be given first consideration for
other city employment.
7. Salaries of all city employees shall not be less than their present level unless a change in salary of such
employees is made in accordance with the provisions of the personnel code. Salaries for the commission
and mayor shall remain at their present level.
8. Pension and retirement rights of city employees shall be unaffected by this charter.
9. By January 15, 1998, the manager shall submit the administrative code and the personnel code to the
16
City Gov't Study Commission
T --it -d 1\11E!ml 10 1006
commission for review. The commission shall adopt the administrative code and personnel code by
ordinance as amended within three (3) months after their submission.
Section 8.03 - Publishing of Transition Article
This transition article shall be published with the charter until it expires on January 3, 2000.
Section 8.04 - City Commission Districts
The city commission districts for the first election shall be
District I: Precincts 9, 11, 13, 20, 26 & 49.
District II: Precincts 1, 2, 3, 4, 5, 14 in & 22 in.
District III: Precincts 6, 7, 8, 10, 12 & 19.
Section 8.05 - CompIiance of Ordinances
1. The commission shall review, and where necessary, revise or repeal city ordinances to provide for their
compliance and consistency with this charter no later than June 30, 1998.
2. All existing ordinances of the city of Bozeman, except those in conflict with provisions of this charter,
shall remain in effect unless and until superseded by action of the commission.
We, the Study Commissioners of the City of
Bozeman, do hereby certify that this is the proposed
plan of government approved by the Bozeman City
Government Study Commission.
SEAL
In testimony whereof, we set our hands.
Done at Bozeman, Montana this d!� day of
, 1996.
p O
ATTEST: 'A' lf�
ROBIN L. SULLIVAN
Clerk of the Commission
17
City Gov't Study Commission
Fini1 Rennrt
Id, �hLl
JENNIFER SMITH MITCHELL, Chair
ANNE H. EATON
RO ERT F. KERN
C
f7W SS
CARROLL V. HENDERSON
Executed August 19, 1996
CERTIFICATE
FOR THE APPORTIONMENT
OF COMMISSIONER DISTRICTS
Districts described by census block with population and deviation from ideal are shown.
TABLE 1. Districts with 1990 Census Population, 1990 Ideal Population (Mean), Deviation from
Ideal Population, and % Difference from the Ideal Population.
1990 IDEAL DEVIATION % DIFFERENCE
1990 CENSUS POPULATION FROM IDEAL FROM IDEAL
DISTRICT POPULATION (MEAN) POPULATION POPULATION
1 6,506 7,536 - 1030 - 13.67%
2 8,172 7,536 + 636 +8.44%
3 7,930 7,536 + 394 +5.23%
Total Population Estimate = 22,608
Margin of Error at 5% = 1130.40
Table 1 displays preliminary results using information from 1990 census data to estimate the division of
districts. Established voting precinct boundaries in Bozeman were taken into consideration when
preliminary lines for these three districts were drawn. Precincts falling into District One are 9, 11, 13, 20,
22, 26, and 49; District Two are 1, 2, 3, 4, 5, and 14; and District Three are 6, 7, 8, 10, 12, and 19.
TABLE 2. Districts with 1995 Estimated Population, 1995 Estimated Ideal Population (Mean), Deviation
From Ideal Population, and % Difference from the Ideal Population.
1995 ESTIMATED DEVIATION %DIFk iYZEWE
1995 ESTIMATED IDEAL POPULATION FROM IDEAL FROM IDEAL
DISTRICT POPULATION (MEAN) POPULATION POPULATION
1 8,638.13 8,487.58 +150.55 +1.77%
2 8,525.95 8,487.58 + 38.37 + .45%
3 8,298.67 8,487.58 -188.91 -2.23%
Total Population Estimate = 25,462.75
Margin of Error at 3% = 763.88
Table 2 displays the 1990 census data plus update information to the end of 1995, to determine if final
districts are divided evenly. The Ideal Population (mean) is calculated by dividing the Total Population
Estimate (1990 census data and 1991 -95 population estimates) by the number of city commission districts
(25,462.75/3 = 8487.58). The % Deviation from the Ideal Population shows how closely districts are in
population (divide the Estimated Population by the Estimated Ideal Population). Although the general rule
in calculating the margin of error is within 5% of the ideal population, a margin of error of 3% was achieved.
To remain within 3% of the mean, each district population must remain within 763.88 points of the mean.
Established voting precinct boundaries in Bozeman were used when lines for these three districts were
finally drawn. Precincts falling into District One are 9, 11, 13, 20, 26, and 49; District Two are 1, 2, 3, 4,
5, 14, and 22; and District Three are 6, 7, 8, 10, 12, and 19.t
18
City Gov't Study Commission
,- n.,- -. Executed August IQ, IQQ6
We, the Study Commission of the City of Bozeman, do
hereby certify that this is the official apportionment plan for
commissioner districts approved by the Bozeman City
Government Study Commission.
In testimony whereof, we set our hands.
SEAL
Done at Bozeman, Montana this /1? Ilk day of
,1996.
9
ATTEST: yi—, 01
ROBIN L. SULLIVAN
Clerk of the Commission
JENNIFER SMITH MITCHELL, Chair
I ore - W__. a, mg � wol; I,
ROBERT F. KERN
1!A
''O
j This summary of population acquisition was performed by Heather Unger- Robertson. She holds
a Masters Degree in Sociology from Mississippi State University and worked for two years as a Research
Assistant at Mississippi State's Social Science Research Center. Her work involved professional writings
and grant proposals, which required extensive work with census data. Heather has researched, written, and
presented numerous professional papers.
19
City Gov't Study Commission
Final Report
Executed August 19, 1996
CITY of BOZEMAN
O
PROPOSED COMMISSION DISTRICTS
P_ jPOSAL: 7 Part -time Commissioners: 1 Mayor Elected at -Large and 6 Commissioners,
from 3 Districts with Alternating Terms.
EXPLANATION: 3 Districts, of Equal Population, divided along Voting Precinct Boundaries.
These divisions are based on the 1990 Census,. and estimated population increase
through December 31, 1995.
IN
—I
COMMISSION
DISTRICT # 1
Includes Precincts
9, 11,13, 20, 26 and 49
1/4 u 1/4 1/3 MU
I
20
City Gov't Study Commission
Final Report
22 IN
+
—_-� COMMISSION
i1;`, DISTRICT # 2
�... -- Includes Precincts
1, 2, 3, 4, 5,14 and 22
122 IN
22 OUT
_ 22 IN
A.
d
22 �!N
8
14 IN
11 ,
COMMISSION
DISTRICT # 3
Includes Precincts
6, 71 83 10, 12 and 19
Executed August 19, 1996
CERTIFICATE
ESTABLISHING THE DATE OF THE SPECIAL ELECTION
AT WHICH THE ALTERNATIVE FORM OF GOVERNMENT
SHALL BE PRESENTED TO THE ELECTORS OF
BOZEMAN, MONTANA
The alternative form of government proposed by the Bozeman City Government Study Commission shall
be submitted to the voters of Bozeman at a special election to be held with the general election on November
5, 1996.
SEAL
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
21
City Gov't Study Commission
Final Report
We, the Study Commissioners of the City of
Bozeman, do hereby certify that this is the date of
the special election approved by the Bozeman
City Government Study Commission.
In testimony whereof, we set our hands.
D ne at Bozeman, Montana this �� day of
1996.
1� 41-
JENNIFER SMITH MITCHELL, Chair
J10(ANNE H. EATON
i
O
Y K. KRAUSS
V. HEND
Executed August 19, 1996
CERTIFICATE
ESTABLISHING THE OFFICIAL BALLOT FOR
THE NOVEMBER 5, 1996 SPECIAL ELECTION
Instructions to voters: Place an "X" in the boxes which express your preferences.
OFFICIAL BALLOT
BALLOT ON THE ALTERNATIVE FORM OF LOCAL GOVERNMENT
Vote for One.
[ ] FOR adoption of the self - government charter as proposed for the city of Bozeman by the
Bozeman City Government Study Commission.
[ ] FOR the existing form of government.
SEAL
o
ATTEST: ( 21&,-
ROBIN L. SULLIVAN
Clerk of the Commission
We, the Study Commissioners of the City of
Bozeman, do hereby certify that this is the official
ballot approved by the Bozeman City Government
Study Commission.
In testimony whereof, we set our hands.
D e at Bozeman, Montana this /94&-day of
1996.
*11-kL11
JENNIFER SMITH MITCHELL, Chair
,j. MIT
22
City Gov't Study Commission
Finil RPnort
Executed Aueust 19, 1996
CERTIFICATE
ESTABLISHING THE DATES OF THE
FIRST PRIMARY AND GENERAL ELECTIONS
FOR OFFICERS OF THE NEW GOVERNMENT
OF BOZEMAN, MONTANA
IF THE ALTERNATIVE PROPOSAL IS APPROVED
AND ESTABLISHING THE EFFECTIVE DATE OF
THE PROPOSAL IF APPROVED
The primary election for officers of the new government of the City of Bozeman, Montana shall be held at
a special election on September 9, 1997.
The general election for officers of the new government of the City of Bozeman, Montana shall be held at
a special election on November 4, 1997.
The effective date of the alternative plan of local government of the City of Bozeman, Montana takes effect
when the first elected officers take office on January 5, 1998.
SEAL
ATTEST: a,
ROBIN L. SULLIVAN
Clerk of the Commission
We, the Study Commissioners of the City of Bozeman, do
hereby certify that these are the dates of the special primary and
general elections and the effective date of the alternative plan of
local government of Bozeman approved by the Bozeman City
Government Study Commission.
In testimony whereof, we set our hands.
Done at Bozeman, Montana this ��day of ,
1996.
JENNIFER SMITH MITCHELL, Chair
MARNE H. EATON
O
••1• 10 0 F •
City Gov't Study Commission
Final Renort 23 Executed August 19, 1996