reglab/housing_qa huggingface dataset:
MT Code § 7-3-4253 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4253. Department structure and operation

  7-3-4253. Department structure and operation. (1) The executive and administrative powers, authority, and duties in municipal commission government cities must be distributed into and among departments as follows:   (a) in cities having a mayor and two council members, into three departments:   (i) a department of accounts, finance, and public property;   (ii) a department of public safety and charity; and   (iii) a department of streets, public improvements, and parks;   (b) in cities having a mayor and four council members, into five departments:   (i) a department of public affairs;   (ii) a department of accounts and finance;   (iii) a department of public safety and charity;   (iv) a department of street and public improvements; and   (v) a department of parks and public property.   (2) The council shall determine the powers and duties to be performed by each department of the city, shall prescribe the powers and duties of officers and employees, may assign particular officers and employees to one or more of the departments, may require an officer or employee to perform duties in two or more departments, and may make rules necessary or proper for the efficient and economical conduct of the business of the city.   History: En. Sec. 18, Ch. 57, L. 1911; re-en. Sec. 5383, R.C.M. 1921; re-en. Sec. 5383, R.C.M. 1935; R.C.M. 1947, 11-3120(part); amd. Sec. 370, Ch. 61, L. 2007.
MT Code § 7-3-4254 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4254. Selection and supervision of officers and employees

  7-3-4254. Selection and supervision of officers and employees. (1) In cities having a mayor and two council members, the mayor is the superintendent of the department of accounts, finance, and public property, and in cities having a mayor and four city council members, the mayor is the superintendent of the department of public affairs. The mayor has general supervision over all departments of the city and over all matters connected with the city, and the council shall, at its first regular meeting after the election of its members, designate by majority vote one council member to be superintendent over each department of the city, but that designation may be changed whenever it appears that the public service would be benefited.   (2) The council shall, at its first regular meeting after the election of its members or as soon thereafter as practicable, elect by majority vote the following officers: a city clerk, a city treasurer, a city attorney, a city auditor, a city engineer, a city physician, a chief of the fire department, a chief of the police department, a commissioner of weights and measures, a street commissioner, library trustees, cemetery trustees, and other officers and assistants as provided for by ordinance and that may be necessary to the proper and efficient conduct of the affairs of the city. The council may by ordinance consolidate any of the enumerated offices, may require any officer elected by the council to perform the duties of any other officer, and shall appoint a city judge with the authority conferred by existing laws. The tenure in office of a chief of the fire department and other officers of the fire department is governed by the provisions of 7-33-4106 and 7-33-4122 through 7-33-4124. Any officer or assistant elected or appointed by the council may be removed from office at any time by a majority vote of the members of the council, except as otherwise provided in this part.   (3) The council may create, fill, and discontinue offices and employment other than those prescribed in this section, according to their judgment of the needs of the city, by majority vote of all the members to remove any officer or employee, except as otherwise provided for in this part. The council may by resolution or otherwise prescribe, limit, or change the compensation of officers or employees.   History: (1), (2)En. Sec. 19, Ch. 57, L. 1911; re-en. Sec. 5384, R.C.M. 1921; re-en. Sec. 5384, R.C.M. 1935; amd. Sec. 1, Ch. 73, L. 1943; Sec. 11-3121, R.C.M. 1947; (3)En. Sec. 20, Ch. 57, L. 1911; re-en. Sec. 5385, R.C.M. 1921; re-en. Sec. 5385, R.C.M. 1935; Sec. 11-3122, R.C.M. 1947; R.C.M. 1947, 11-3121, 11-3122; amd. Sec. 371, Ch. 61, L. 2007.
MT Code § 7-3-4255 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4255. Compensation of mayor, council members, and employees

  7-3-4255. Compensation of mayor, council members, and employees. (1) The total compensation of council members is as follows:   (a) In cities of the third class having a population of less than 3,000, the annual salary of the mayor may not exceed $600 and the annual salary of each council member may not exceed $500. In cities of the third class having a population of 3,000 or more, the annual salary of the mayor may not exceed $1,000 and the annual salary of each council member may not exceed $900.   (b) In cities of the second class, the annual salary of the mayor may not exceed $1,650 and the annual salary of each council member may not exceed $1,500.   (c) In cities of the first class having a population of less than 30,000, the annual salary of the mayor may not exceed $4,500 and the annual salary of each council member may not exceed $3,800. In cities of the first class having a population of 30,000 and over, the annual salary of the mayor may not exceed $4,800 and the annual salary of each council member may not exceed $4,000.   (2) Any increase in salary occasioned by the advance in class or increase in population of any city commences with the month following the publication of the census showing the advance in class or increase in population.   (3) Every other officer or assistant must receive the salary or compensation that the council shall by ordinance from time to time provide, payable in equal monthly installments.   (4) The salary or compensation of all other employees of the city must be fixed by the council and is payable monthly or at shorter periods that the council may determine.   History: En. Sec. 21, Ch. 57, L. 1911; re-en. Sec. 5386, R.C.M. 1921; re-en. Sec. 5386, R.C.M. 1935; amd. Sec. 1, Ch. 75, L. 1945; amd. Sec. 1, Ch. 189, L. 1949; amd. Sec. 1, Ch. 87, L. 1951; R.C.M. 1947, 11-3123(part); amd. Sec. 372, Ch. 61, L. 2007.
MT Code § 7-3-4256 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4256. Control of conflict of interest

  7-3-4256. Control of conflict of interest. (1) An officer or employee elected or appointed in any municipal commission government city may not have an interest, directly or indirectly, in any contract or job for work or materials or the profits of the contract or job or materials, supplies, or services to be furnished to or performed for the city. An officer or employee may not have an interest, directly or indirectly, in any contract or job for work or materials or the profits of the contract or job or services to be furnished to or performed for any person, firm, or corporation operating any interurban railway, street railway, gasworks, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange, or other public utility within the territorial limits of the city. An officer or employee may not accept or receive, directly or indirectly, from any person, firm, or corporation operating within the territorial limits of the city any interurban railway, street railway, gasworks, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange, or other business using or operating under a public franchise any frank, free pass, free ticket, or free service or accept or receive, directly or indirectly, from any person, firm, or corporation any other service on terms more favorable than are granted to the public generally. The prohibition of free transportation does not apply to police officers or firefighters in uniform. Any officer or employee of the city who, by solicitation or otherwise, exerts influence, directly or indirectly, to influence other officers or employees of the city to adopt the officer's or employee's political views or to favor any particular person or candidate for office or who in any manner contributes money, labor, or other valuable thing to any person for election purposes is guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $300 or by imprisonment in the county jail not exceeding 30 days.   (2) Any violation of the provisions of this section is a misdemeanor, and every contract and agreement that violates the provisions of this section is void.   History: En. Sec. 24, Ch. 57, L. 1911; re-en. Sec. 5389, R.C.M. 1921; re-en. Sec. 5389, R.C.M. 1935; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-3127; amd. Sec. 373, Ch. 61, L. 2007.
MT Code § 7-3-4257 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4257. Appointment of civil service commission

  7-3-4257. Appointment of civil service commission. (1) Immediately after organizing, the council shall by ordinance appoint three civil service commissioners, who shall hold office, one until the first Monday in April of the second year, one until the first Monday in April of the fourth year, and one until the first Monday in April of the sixth year after appointment. Each succeeding council shall, as soon as practicable after organizing, appoint one commissioner for 6 years, who shall take the place of a commissioner whose term of office expires. The presiding officer of the commission for each biennial period must be the member whose term first expires. A person while on the commission may not hold or be a candidate for any office of public trust. Two of the members constitute a quorum to transact business. The commissioners must be citizens of Montana and residents of the city for more than 3 years preceding their appointment.   (2) Before entering upon the duties of office, each of the commissioners shall take and subscribe an oath, which must be filed and kept in the office of the city clerk, to support the constitution of the United States and of the state of Montana, to obey the laws, to aid in securing and maintaining an honest and efficient force free from partisan distinction or control, and to perform the duties of office to the best of the commissioner's ability.   (3) The council, by majority vote, may remove any of the commissioners during their term of office for cause and shall fill any vacancy that occurs in the commission for the unexpired term. The city council shall provide suitable rooms in which the civil service commission shall hold its meetings. The commission must have a clerk, who shall keep a record of all its meetings. The city shall supply the commission with all necessary equipment to properly attend to its business.   History: En. Sec. 25, Ch. 57, L. 1911; re-en. Sec. 5390, R.C.M. 1921; re-en. Sec. 5390, R.C.M. 1935; R.C.M. 1947, 11-3128(1) thru (3); amd. Sec. 374, Ch. 61, L. 2007.
MT Code § 7-3-4258 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4258. Civil service examinations

  7-3-4258. Civil service examinations. Said commission shall, on the first Monday of April and October of each year or more often if it shall be deemed necessary, under such rules as may be prescribed by the council, hold examinations for the purpose of determining the qualifications of applicants for positions, which examination shall be practical and shall fairly test the fitness of the persons examined to discharge the duties of the position to which they seek to be appointed. Such commission shall, as soon as possible after such examination, certify to the council double the number of persons necessary to fill vacancies, who according to the records have the highest standing for the position they seek to fill as a result of such examination, and all vacancies which occur that come under the civil service prior to the date of the next regular examination shall be filled from said list so certified; provided, however, that should the list for any cause be reduced to less than three for any division, then the council or the head of the proper department may temporarily fill a vacancy, but not to exceed 30 days.   History: En. Sec. 25, Ch. 57, L. 1911; re-en. Sec. 5390, R.C.M. 1921; re-en. Sec. 5390, R.C.M. 1935; R.C.M. 1947, 11-3128(4).
MT Code § 7-3-4259 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4259. Discharge of employees

  7-3-4259. Discharge of employees. All persons subject to the civil service examination are subject to removal from office or employment by the council for misconduct or failure to perform their duties under rules that the council may adopt, and the chief of police, chief of the fire department, or any superintendent or lead supervisor in charge of municipal work may peremptorily suspend or discharge any subordinate then under that person's direction for neglect of duty or disobedience of orders but shall, within 24 hours, report the suspension or discharge and the reason for the suspension or discharge to the superintendent of the department. The superintendent shall affirm or revoke the discharge or suspension according to the facts. The employee or the officer discharging or suspending the employee may, within 5 days of the ruling, appeal to the council, which shall fully hear and determine the matter.   History: En. Sec. 25, Ch. 57, L. 1911; re-en. Sec. 5390, R.C.M. 1921; re-en. Sec. 5390, R.C.M. 1935; R.C.M. 1947, 11-3128(5); amd. Sec. 375, Ch. 61, L. 2007.
MT Code § 7-3-4260 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4260. Investigatory powers of council

  7-3-4260. Investigatory powers of council. The council shall have the power to enforce the attendance of witnesses and the production of books and papers and the power to administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising criminal or civil jurisdiction under the statutes of Montana.   History: En. Sec. 25, Ch. 57, L. 1911; re-en. Sec. 5390, R.C.M. 1921; re-en. Sec. 5390, R.C.M. 1935; R.C.M. 1947, 11-3128(6).
MT Code § 7-3-4261 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4261. Conduct of civil service commission business

  7-3-4261. Conduct of civil service commission business. Said commissioners shall make an annual report to the council, and it may require a special report from said commissioners at any time. Said council may prescribe such rules for the proper conduct of the business of the commission as shall be found expedient and advisable, including restrictions on appointment, promotions, removals for cause, roster of employees, certificates of records to the auditors, and payment to persons improperly employed.   History: En. Sec. 25, Ch. 57, L. 1911; re-en. Sec. 5390, R.C.M. 1921; re-en. Sec. 5390, R.C.M. 1935; R.C.M. 1947, 11-3128(7).
MT Code § 7-3-4262 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4262. Nonpartisan appointments and elections

  7-3-4262. Nonpartisan appointments and elections. All officers and employees in any said city shall be elected or appointed with reference to their qualifications and fitness and for the good of the public service and without reference to their political faith or party affiliations.   History: En. Sec. 25, Ch. 57, L. 1911; re-en. Sec. 5390, R.C.M. 1921; re-en. Sec. 5390, R.C.M. 1935; R.C.M. 1947, 11-3128(10).
MT Code § 7-3-4263 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4263. Repealed

  7-3-4263. Repealed. Sec. 407, Ch. 571, L. 1979.   History: En. Sec. 25, Ch. 57, L. 1911; re-en. Sec. 5390, R.C.M. 1921; re-en. Sec. 5390, R.C.M. 1935; R.C.M. 1947, 11-3128(part).
MT Code § 7-3-4264 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4264. Applicability of civil service provisions

  7-3-4264. Applicability of civil service provisions. The provisions of 7-3-4257 through 7-3-4262, 7-3-4264, and 7-3-4265 shall apply to all appointive officers and employees of such city except those especially named in 7-3-4254, commissioners of any kind, laborers whose occupation requires no special skill or fitness, election officials, and mayor's secretary and assistant attorney, where such officers are appointed.   History: En. Sec. 25, Ch. 57, L. 1911; re-en. Sec. 5390, R.C.M. 1921; re-en. Sec. 5390, R.C.M. 1935; R.C.M. 1947, 11-3128(9); amd. Sec. 8, Ch. 370, L. 1987.
MT Code § 7-3-4265 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4265. Violations of civil service provisions

  7-3-4265. Violations of civil service provisions. (1) The council of such city shall have power to pass ordinances imposing suitable penalties for the punishment of persons violating any of the provisions of this part relating to the civil service commission.   (2) It shall be unlawful for any candidate for office in any such city, directly or indirectly, to give or promise any person or persons any office, position, employment, benefit, or anything of value for the purpose of influencing or obtaining the political support, aid, or vote of any person or persons.   (3) Any violation of the provisions of 7-3-4257 through 7-3-4262, 7-3-4264, or this section shall be a misdemeanor and give grounds for removal from office.   History: En. Sec. 25, Ch. 57, L. 1911; re-en. Sec. 5390, R.C.M. 1921; re-en. Sec. 5390, R.C.M. 1935; R.C.M. 1947, 11-3128(part); amd. Sec. 9, Ch. 370, L. 1987.
MT Code § 7-3-4266 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4266. Report of proceedings and financial statement

  7-3-4266. Report of proceedings and financial statement. The council shall monthly print in pamphlet form a detailed itemized statement of all of the receipts and expenses of the city and a summary of its proceedings during the preceding month and furnish printed copies of the statement to the state library, the city library, the daily newspaper of the city, and persons who apply for the statement at the office of the city clerk.   History: En. Sec. 26, Ch. 57, L. 1911; re-en. Sec. 5391, R.C.M. 1921; re-en. Sec. 5391, R.C.M. 1935; amd. Sec. 1, Ch. 52, L. 1943; amd. Sec. 55, Ch. 348, L. 1974; R.C.M. 1947, 11-3129.
MT Code § 7-3-4267 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 42. Municipal Commission Government|7-3-4267. Revision of appropriations made by former council

  7-3-4267. Revision of appropriations made by former council. If, at the beginning of the term of office of the first council elected in such city under the provisions of this part, the appropriations for the expenditures of the city government for the current fiscal year have been made, said council shall have power, by ordinance, to revise, repeal, or change said appropriations and to make additional appropriations.   History: En. Sec. 27, Ch. 57, L. 1911; re-en. Sec. 5392, R.C.M. 1921; re-en. Sec. 5392, R.C.M. 1935; R.C.M. 1947, 11-3130.
MT Code § 7-3-4301 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4301. Authorization for commission-manager form of municipal 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.   History: (1)En. Sec. 1, Ch. 152, L. 1917; re-en. Sec. 5400, R.C.M. 1921; re-en. Sec. 5400, R.C.M. 1935; Sec. 11-3201, R.C.M. 1947; (2)En. Sec. 12, Ch. 152, L. 1917; re-en. Sec. 5410, R.C.M. 1921; re-en. Sec. 5410, R.C.M. 1935; amd. Sec. 1, Ch. 60, L. 1943; Sec. 11-3211, R.C.M. 1947; R.C.M. 1947, 11-3201, 11-3211(part).
MT Code § 7-3-4302 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4302. Construction

  7-3-4302. Construction. (1) Except as otherwise provided in part 44 and this part, all acts, parts of acts, and laws relative to municipal corporations are in force and are not repealed by part 44 and this part unless they conflict or are inconsistent with the provisions of part 44 and this part.   (2) Part 44 and this part do not repeal or modify Title 69, chapter 3, or 69-4-101, and part 44 and this part do not curtail or impair the power or authority of the public service commission.   History: (1)En. Sec. 118, Ch. 152, L. 1917; re-en. Sec. 5515, R.C.M. 1921; amd. Sec. 19, Ch. 31, L. 1923; re-en. Sec. 5515, R.C.M. 1935; Sec. 11-3331, R.C.M. 1947; (2)En. Sec. 119, Ch. 152, L. 1917; re-en. Sec. 5516, R.C.M. 1921; amd. Sec. 20, Ch. 31, L. 1923; re-en. Sec. 5516, R.C.M. 1935; amd. Sec. 6, Ch. 315, L. 1974; Sec. 11-3332, R.C.M. 1947; R.C.M. 1947, 11-3331, 11-3332; amd. Sec. 2, Ch. 214, L. 2011.
MT Code § 7-3-4303 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 3. Alternative Forms of Local Government|Part 43. Municipal Commission-Manager Government|7-3-4303. Laws governing municipality

  7-3-4303. Laws governing municipality. (1) All laws governing municipalities of like population and not inconsistent with the provisions of this part and part 44 shall apply to and govern municipalities organized under this part and part 44. All bylaws, ordinances, and resolutions lawfully passed and in force in any such municipality under its organization, not in conflict herewith, shall remain in force until altered or repealed by the commission under the provisions of this part and part 44.   (2) The powers which are conferred and the duties which are imposed upon any officer, board, or commission or department of the municipality under the laws of the state shall, if such officer, board, commission, or department is abolished by this part and part 44, be thereafter exercised and discharged by the officer, board, commission, or department upon whom are imposed corresponding functions, duties, and powers under the provisions of this part and part 44.   History: (1)En. Sec. 8, Ch. 152, L. 1917; re-en. Sec. 5407, R.C.M. 1921; re-en. Sec. 5407, R.C.M. 1935; Sec. 11-3208, R.C.M. 1947; (2)En. Sec. 112, Ch. 152, L. 1917; re-en. Sec. 5509, R.C.M. 1921; re-en. Sec. 5509, R.C.M. 1935; Sec. 11-3325, R.C.M. 1947; R.C.M. 1947, 11-3208(part), 11-3325(part).