reglab/housing_qa huggingface dataset:
MT Code § 7-3-4365 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4365. Investigations by commission

  7-3-4365. Investigations by commission. (1) The commission or any committee of the commission authorized by the commission to do so may investigate the financial transactions of any office or department of the municipal government and the official acts of any municipal official and by similar investigations may secure information upon any matter.   (2) In conducting investigations, the commission or committee may compel the attendance of witnesses and the production of books, papers, and other evidence and for that purpose may issue subpoenas or attachments, which must be signed by the presiding officer of the commission or the presiding officer of the committee. The subpoenas or attachments may be served and executed by any officer authorized by law to serve subpoenas or other process. A witness may not be excused from testifying concerning the witness's knowledge of the matter under investigation in any inquiry, but the testimony may not be used against the witness in any criminal prosecution except for perjury committed upon the inquiry.   History: En. Sec. 56, Ch. 152, L. 1917; re-en. Sec 5454, R.C.M. 1921; re-en. Sec. 5454, R.C.M. 1935; R.C.M. 1947, 11-3255; amd. Sec. 24, Ch. 262, L. 1979; amd. Sec. 382, Ch. 61, L. 2007.
MT Code § 7-3-4366 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4366. Investigatory powers of city manager

  7-3-4366. Investigatory powers of city manager. The city manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. Any person appointed by the city manager to examine the affairs of any department or the conduct of any officer or employee has the same power to compel the attendance of witnesses and the production of books and papers and other evidence as is conferred upon the commission by this part.   History: En. Sec. 60, Ch. 152, L. 1917; re-en. Sec. 5458, R.C.M. 1921; re-en. Sec. 5458, R.C.M. 1935; R.C.M. 1947, 11-3259; amd. Sec. 25, Ch. 262, L. 1979.
MT Code § 7-3-4367 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4367. Control of conflict of interest

  7-3-4367. Control of conflict of interest. (1) Commissioners and other officers and employees may not be interested in the profits or emoluments of any contract, job, work, or service for the municipality and may not hold any partisan political office or employment. Any commissioner who ceases to possess any of the qualifications required in this part forfeits the office, and any contract in which any member is or may be interested may be declared void by the commission.   (2) A commissioner or other officer or employee of the city or town may not accept any frank, free ticket, pass, or service, directly or indirectly, from any person, firm, or corporation on terms more favorable than are granted to the public generally. Any violation of the provisions of this section is a misdemeanor and is also sufficient cause for the summary removal or discharge of the offender. The provisions for free service do not apply to police officers or firefighters in uniform or wearing their official badges when the service is provided by ordinance or to any commissioner, the city manager, or the city attorney upon official business or to any other employee or official of the city on official business who exhibits written authority signed by the city manager.   History: En. Sec. 15, Ch. 152, L. 1917; re-en. Sec. 5413, R.C.M. 1921; amd. Sec. 4, Ch. 31, L. 1923; re-en. Sec. 5413, R.C.M. 1935; amd. Sec. 1, Ch. 327, L. 1974; R.C.M. 1947, 11-3214(part); amd. Sec. 383, Ch. 61, L. 2007.
MT Code § 7-3-4368 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4368. Execution of conveyances of real property

  7-3-4368. Execution of conveyances of real property. In all cities operating under the commission-manager form in Montana, the mayor is hereby designated as the proper officer to execute conveyances of real property; however, a majority of the commission may designate the city manager to execute a conveyance. In either case, the authority to act shall be authorized by the passage of a resolution.   History: En. Sec. 1, Ch. 54, L. 1955; R.C.M. 1947, 11-3286.
MT Code § 7-3-4369 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4369. Appropriation of property for public or municipal purposes

  7-3-4369. Appropriation of property for public or municipal purposes. Property within the corporate limits of the municipality may be appropriated for any public or municipal purpose, and to the full extent of the authority granted by the constitution of the state, such appropriation shall be made as herein provided. By such appropriation, the municipality may acquire a fee simple title or any less estate, easement, or use. Appropriations of property outside of the corporate limits of the municipality shall be made according to the requirements of and as provided by general law.   History: En. Sec. 97, Ch. 152, L. 1917; re-en. Sec. 5495, R.C.M. 1921; re-en. Sec. 5495, R.C.M. 1935; R.C.M. 1947, 11-3311.
MT Code § 7-3-4370 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4370. Use of county buildings

  7-3-4370. Use of county buildings. Whenever any city organized under this part and part 44 includes the county seat of the county in which it is situated, any unused space in the county buildings in such city may be rented to the city commissioners for municipal use by the board of county commissioners for such rent as shall represent an income of not more than 6% upon the investment in such buildings proportionate to the space rented. Such commissioners may also contract with the board of county commissioners for the performance by county officials or employees of any kind of municipal work which can be feasibly performed by them. The compensation for such work shall be based upon additional cost to the county of its performance, and such compensation shall be paid into the general fund of such county unless otherwise provided by law.   History: En. Sec. 124, Ch. 152, L. 1917 added by Sec. 6, Ch. 44, L. 1919; re-en. Sec. 5520, R.C.M. 1921; re-en. Sec. 5520, R.C.M. 1935; R.C.M. 1947, 11-3336.
MT Code § 7-3-4371 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4371. Repealed

  7-3-4371. Repealed. Sec. 29, Ch. 458, L. 1997.   History: En. Sec. 105, Ch. 152, L. 1917; re-en. Sec. 5502, R.C.M. 1921; amd. Sec. 17, Ch. 31, L. 1923; amd. Sec. 2, Ch. 173, L. 1925; re-en. Sec. 5502, R.C.M. 1935; amd. Sec. 1, Ch. 99, L. 1941; R.C.M. 1947, 11-3318(part); amd. Sec. 8, Ch. 430, L. 1995.
MT Code § 7-3-4372 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4372. Repealed

  7-3-4372. Repealed. Sec. 29, Ch. 458, L. 1997.   History: (1)En. Sec. 106, Ch. 152, L. 1917; re-en. Sec. 5503, R.C.M. 1921; amd. Sec. 3, Ch. 173, L. 1925; re-en. Sec. 5503, R.C.M. 1935; amd. Sec. 2, Ch. 99, L. 1941; Sec. 11-3319, R.C.M. 1947; (2)En. Sec. 107, Ch. 152, L. 1917; re-en. Sec. 5504, R.C.M. 1921; re-en. Sec. 5504, R.C.M. 1935; Sec. 11-3320, R.C.M. 1947; R.C.M. 1947, 11-3319, 11-3320; amd. Sec. 9, Ch. 430, L. 1995.
MT Code § 7-3-4373 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4373. Repealed

  7-3-4373. Repealed. Sec. 29, Ch. 458, L. 1997.   History: (1)En. Sec. 108, Ch. 152, L. 1917; re-en. Sec. 5505, R.C.M. 1921; re-en. Sec. 5505, R.C.M. 1935; Sec. 11-3321, R.C.M. 1947; (2) thru (4)En. Sec. 109, Ch. 152, L. 1917; re-en. Sec. 5506, R.C.M. 1921; re-en. Sec. 5506, R.C.M. 1935; Sec. 11-3322, R.C.M. 1947; (5)En. Sec. 110, Ch. 152, L. 1917; re-en. Sec. 5507, R.C.M. 1921; amd. Sec. 18, Ch. 31, L. 1923; amd. Sec. 4, Ch. 173, L. 1925; re-en. Sec. 5507, R.C.M. 1935; Sec. 11-3323, R.C.M. 1947; R.C.M. 1947, 11-3321, 11-3322, 11-3323(part).
MT Code § 7-3-4374 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4374. Details of public advertising or publication

  7-3-4374. Details of public advertising or publication. All public advertising or publication mentioned as being necessary under the provisions of this part or part 44 shall be in a daily newspaper of general circulation within the municipality if there be such; otherwise, in a weekly newspaper published therein, and shall be done by contract, or in a journal published by the municipality, as may be determined by ordinance. If such contract shall be with a newspaper, it shall be entered into only after opportunity has been given for competition under such rules as the commission may establish and for a term not longer than 1 year.   History: En. Sec. 70, Ch. 152, L. 1917; re-en. Sec. 5468, R.C.M. 1921; re-en. Sec. 5468, R.C.M. 1935; R.C.M. 1947, 11-3269.
MT Code § 7-3-4401 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4401. Administrative departments

  7-3-4401. Administrative departments. (1) The following administrative departments are hereby established:   (a) department of law;   (b) department of public service;   (c) department of public welfare;   (d) department of public safety;   (e) department of finance.   (2) The commission may by ordinance discontinue any or several departments and determine, combine, and distribute the functions and duties of these departments and subdivisions thereof.   History: En. Sec. 61, Ch. 152, L. 1917; re-en. Sec. 5459, R.C.M. 1921; re-en. Sec. 5459, R.C.M. 1935; R.C.M. 1947, 11-3260.
MT Code § 7-3-4402 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4402. Appointment of department directors

  7-3-4402. Appointment of department directors. The city manager shall appoint a director for each department, as specified in this part or as specified by ordinance of the commission, who shall serve until removed by the city manager or until the director's successor is appointed and has qualified.   History: En. Sec. 62, Ch. 152, L. 1917; re-en. Sec. 5460, R.C.M. 1921; re-en. Sec. 5460, R.C.M. 1935; R.C.M. 1947, 11-3261(part); amd. Sec. 384, Ch. 61, L. 2007.
MT Code § 7-3-4403 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4403. Role of department director

  7-3-4403. Role of department director. Each director shall conduct the affairs of the director's department in accordance with the rules made by the city manager and is responsible for the conduct of the officers and employees of that department, for the performance of its business, and for the custody and preservation of the books, records, papers, and property under its control. Subject to the supervision and control of the city manager in all matters, the director of each department shall manage the department.   History: En. Sec. 62, Ch. 152, L. 1917; re-en. Sec. 5460, R.C.M. 1921; re-en. Sec. 5460, R.C.M. 1935; R.C.M. 1947, 11-3261(part); amd. Sec. 385, Ch. 61, L. 2007.
MT Code § 7-3-4404 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4404. Appointment of boards

  7-3-4404. Appointment of boards. The commission may appoint a municipal plan board and, upon the request of the city manager, shall appoint advisory boards. The members of such boards shall serve without compensation, and their duty shall be to consult and advise with the various departments. The duties and powers thus created shall be prescribed by ordinance.   History: En. Sec. 63, Ch. 152, L. 1917; re-en. Sec. 5461, R.C.M. 1921; re-en. Sec. 5461, R.C.M. 1935; R.C.M. 1947, 11-3262.
MT Code § 7-3-4405 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4405. Establishment of civil service board

  7-3-4405. Establishment of civil service board. (1) The commission may appoint three electors of the municipality as a civil service board, with one to serve for 2 years, one for 4 years, and one for 6 years, and to take office on January 1 after the municipality comes under the provisions of part 43 and this part or as soon after that date as appointed and qualified. After the initial appointments, members of the civil service board must be appointed to serve for 6 years and until their successors have been appointed and have qualified. The commission may remove any member of the board upon stating in writing the reasons for removal and allowing the member an opportunity to be heard in the member's own defense. Any vacancy must be filled by the commission for the unexpired term.   (2) Members of the board may not hold any other public office.   (3) It is the intent of this section that the establishment of a civil service board is permissive and not mandatory. If appointed, the board may be abolished at any time upon resolution by the commission and the civil service board appointed under the provisions of this part ceases to exist. However, as long as a civil service board exists, its operations and proceedings must be controlled as provided in this part.   (4) The salaries of the board and its employees must be determined by the commission, and a sufficient sum must be appropriated each year to carry out the civil service provisions of this part.   History: (1) thru (3)En. Sec. 73, Ch. 152, L. 1917; re-en. Sec. 5471, R.C.M. 1921; amd. Sec. 15, Ch. 31, L. 1923; re-en. Sec. 5471, R.C.M. 1935; Sec. 11-3272, R.C.M. 1947; (4)En. Sec. 86, Ch. 152, L. 1917; re-en. Sec. 5484, R.C.M. 1921; re-en. Sec. 5484, R.C.M. 1935; Sec. 11-3285, R.C.M. 1947; R.C.M. 1947, 11-3272(part), 11-3285; amd. Sec. 386, Ch. 61, L. 2007.
MT Code § 7-3-4406 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4406. Organization of board

  7-3-4406. Organization of board. Immediately after appointment, the board shall organize by electing one of its members presiding officer. The board shall appoint a chief examiner, who shall also act as secretary. The board may appoint other subordinates as may be provided for by appropriation.   History: En. Sec. 73, Ch. 152, L. 1917; re-en. Sec. 5471, R.C.M. 1921; amd. Sec. 15, Ch. 31, L. 1923; re-en. Sec. 5471, R.C.M. 1935; R.C.M. 1947, 11-3272(part); amd. Sec. 387, Ch. 61, L. 2007.
MT Code § 7-3-4407 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4407. Classification of civil service

  7-3-4407. Classification of civil service. (1) The civil service of a municipality is hereby divided into the unclassified and the classified service.   (2) The unclassified service shall include:   (a) all officers elected by the people;   (b) the city manager;   (c) the heads of departments and heads of divisions of departments and members of appointive boards;   (d) the deputies and secretaries of the city manager and one assistant or deputy and one secretary for each department and the clerk of the commission.   (3) (a) The classified service shall comprise all positions not specifically included in this section in the unclassified service. There shall be in the classified service three classes, to be known as the competitive class, the noncompetitive class, and the labor class.   (b) The competitive class shall include all positions and employment for which it is practicable to determine the merit and fitness of applicants by competitive examination.   (c) The noncompetitive class shall consist of all positions and employment requiring peculiar and exceptional qualifications of a scientific, managerial, professional, or educational character. No competitive examinations will be given for these positions, but the past achievements of the applicant will be considered.   (d) The labor class shall include ordinary unskilled labor which is employed by the year.   History: En. Sec. 74, Ch. 152, L. 1917; re-en. Sec. 5472, R.C.M. 1921; re-en. Sec. 5472, R.C.M. 1935; R.C.M. 1947, 11-3273.
MT Code § 7-3-4408 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4408. Role of civil service board

  7-3-4408. Role of civil service board. (1) The board, subject to the approval of the commission, shall adopt, amend, and enforce a code of rules providing for appointment and employment in all positions in the classified service, based on merit, efficiency, character, and industry, which shall have the force and effect of law and shall make investigations concerning the enforcement and effect of this part and part 43 and of the rules adopted. It shall make an annual report to the commission.   (2) The board shall provide for promotion to all positions in the classified service based on records of merit, efficiency, character, conduct, and seniority.   History: (1)En. Sec. 75, Ch. 152, L. 1917; re-en. Sec. 5473, R.C.M. 1921; re-en. Sec. 5473, R.C.M. 1935; Sec. 11-3274, R.C.M. 1947; (2)En. Sec. 77, Ch. 152, L. 1917; re-en. Sec. 5475, R.C.M. 1921; re-en. Sec. 5475, R.C.M. 1935; Sec. 11-3276, R.C.M. 1947; R.C.M. 1947, 11-3274, 11-3276.
MT Code § 7-3-4409 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4409. Role of chief examiner

  7-3-4409. Role of chief examiner. The chief examiner is the employment officer of all municipal employees coming under the classified service. The chief examiner shall provide examinations in accordance with the regulations of the board and maintain lists of eligibles for each class of the service of those meeting the requirements of the regulations. Positions in the classified service must be filled from the eligible lists upon requisition from and after consultation with the city manager. As positions are filled, the employment officer shall certify the fact, by proper and prescribed form, to the director of finance and the director of the department in which the vacancy exists.   History: En. Sec. 76, Ch. 152, L. 1917; re-en. Sec. 5474, R.C.M. 1921; re-en. Sec. 5474, R.C.M. 1935; R.C.M. 1947, 11-3275; amd. Sec. 388, Ch. 61, L. 2007.
MT Code § 7-3-4410 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4410. Probationary period

  7-3-4410. Probationary period. An appointment or promotion shall not be deemed complete until a period of probation, not to exceed 6 months, has elapsed; and a probationer may be discharged or reduced at any time within the period of 6 months upon the recommendation of the head of the department in which said probationer is employed, with the approval of the majority of the board.   History: En. Sec. 78, Ch. 152, L. 1917; re-en. Sec. 5476, R.C.M. 1921; re-en. Sec. 5476, R.C.M. 1935; R.C.M. 1947, 11-3277.
MT Code § 7-3-4411 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4411. Procedure for discharge, demotion, or suspension of employee

  7-3-4411. Procedure for discharge, demotion, or suspension of employee. (1) An employee may not be discharged or reduced in rank or compensation until the employee has been presented with the reasons for discharge or reduction, specifically stated in writing, and has been given an opportunity to be heard in the employee's own defense. The reason for discharge or reduction and any reply in writing to the reason by the employee must be filed with the board.   (2) Any employee of any department in the municipality in the classified service who is suspended, reduced in rank, or dismissed from a department by the director of that department or the city manager may appeal from the decision to the civil service board. The board shall define the manner, time, and place in which an appeal is heard. The judgment of the board is final.   History: (1)En. Sec. 79, Ch. 152, L. 1917; re-en. Sec. 5477, R.C.M. 1921; re-en. Sec. 5477, R.C.M. 1935; Sec. 11-3278, R.C.M. 1947; (2)En. Sec. 80, Ch. 152, L. 1917; re-en. Sec. 5478, R.C.M. 1921; re-en. Sec. 5478, R.C.M. 1935; Sec. 11-3279, R.C.M. 1947; R.C.M. 1947, 11-3278, 11-3279; amd. Sec. 389, Ch. 61, L. 2007.
MT Code § 7-3-4412 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4412. Retention of existing positions

  7-3-4412. Retention of existing positions. Any person in the employ of a municipality holding a position in the classified service at the time that the municipality comes under the provisions of part 43 and this part shall, unless the person's position is abolished, retain the same position until discharged, reduced, promoted, or transferred in accordance with part 43 and this part.   History: En. Sec. 81, Ch. 152, L. 1917; re-en. Sec. 5479, R.C.M. 1921; re-en. Sec. 5479, R.C.M. 1935; R.C.M. 1947, 11-3280; amd. Sec. 390, Ch. 61, L. 2007.
MT Code § 7-3-4413 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4413. Certification required to receive salary

  7-3-4413. Certification required to receive salary. The director of finance or other public disbursing officer shall not pay any salary or compensation for services to any person holding a position in the classified service unless the payroll or account for such salary or compensation shall bear the certificate of the board, by its secretary, that the persons named therein have been appointed or employed and are performing service in accordance with the provisions of this part and part 43 or the rules established thereunder.   History: En. Sec. 82, Ch. 152, L. 1917; re-en. Sec. 5480, R.C.M. 1921; re-en. Sec. 5480, R.C.M. 1935; R.C.M. 1947, 11-3281.
MT Code § 7-3-4414 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 44. Municipal Commission-Manager Government Continued|7-3-4414. Investigatory powers of civil service board

  7-3-4414. Investigatory powers of civil service board. In any investigation conducted by the board, it shall have the power to subpoena and require the attendance of witnesses and the production thereby of books and papers pertinent to the investigation and to administer oaths to such witnesses.   History: En. Sec. 83, Ch. 152, L. 1917; re-en. Sec. 5481, R.C.M. 1921; re-en. Sec. 5481, R.C.M. 1935; R.C.M. 1947, 11-3282.