reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2911. Duties of county coroner

7-4-2911. Duties of county coroner.
The county coroner shall:
(1) hold inquests as provided in Title 46, chapter 4, parts 1 and 2;
(2) inquire into the cause, manner, and circumstances of all human deaths, as required in 46-4-122, and establish the identity of the deceased person;
(3) provide decent disposal of an unclaimed dead human body and unclaimed parts of bodies believed to be human;
(4) maintain records of inquiries as required by good practice and by law;
(5) as soon as practicable upon identifying a dead human body, provide for notifying the next of kin of the deceased of the fact of death in any death into which the coroner is making an inquiry;
(6) if a law enforcement agency does not have jurisdiction of the case, preserve evidence involving any human death, pursuant to the coroner's authority, including placing under the coroner's control, to the extent necessary, any personal and real property that may be related to or involved in the death;
(7) witness and certify deaths that are the result of a judicial order;
(8) inquire into any human death when no physician or surgeon licensed in the state will sign a death certificate;
(9) notify the county attorney and the law enforcement agency having jurisdiction of all deaths requiring inquiry pursuant to 46-4-122; and
(10) in the cases specified in 25-3-205, discharge the duties of sheriff. If acting as sheriff, the coroner is allowed the same salary as sheriff or the same fees as constable for similar services.
History: (1)En. Sec. 4490, Pol. C. 1895; re-en. Sec. 3066, Rev. C. 1907; re-en. Sec. 4848, R.C.M. 1921; Cal. Pol. C. Sec. 4285; re-en. Sec. 4848, R.C.M. 1935; amd. Sec. 22, Ch. 530, L. 1977; Sec. 16-3401, R.C.M. 1947; (2)Ap. p. Sec. 4495, Pol. C. 1895; re-en. Sec. 3071, Rev. C. 1907; re-en. Sec. 4852, R.C.M. 1921; Cal. Pol. C. Sec. 4290; re-en. Sec. 4852, R.C.M. 1935; Sec. 16-3406, R.C.M. 1947; Ap. p. Sec. 4640, Pol. C. 1895; re-en. Sec. 3173, Rev. C. 1907; re-en. Sec. 4922, R.C.M. 1921; amd. Sec. 1, Ch. 59, L. 1933; re-en. Sec. 4922, R.C.M. 1935; amd. Sec. 1, Ch. 9, L. 1937; amd. Sec. 1, Ch. 211, L. 1951; amd. Sec. 9, Ch. 439, L. 1975; Sec. 25-236, R.C.M. 1947; R.C.M. 1947, 16-3401, 16-3406, 25-236(part); amd. Sec. 4, Ch. 371, L. 1979; amd. Sec. 20, Ch. 443, L. 1979; amd. Sec. 10, Ch. 660, L. 1991; amd. Sec. 441, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2912. Repealed

7-4-2912. Repealed.
Sec. 21, Ch. 660, L. 1991.
History: En. Sec. 4496, Pol. C. 1895; re-en. Sec. 3072, Rev. C. 1907; re-en. Sec. 4854, R.C.M. 1921; re-en. Sec. 4854, R.C.M. 1935; R.C.M. 1947, 16-3407; amd. Sec. 21, Ch. 443, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2913. Payment of costs of inquest

7-4-2913. Payment of costs of inquest.
Whenever an inquest is held because of the death of an individual confined in the state prison, the county clerk of the county where the inquest is held shall make out a statement of all the costs incurred by the county in the inquest, properly certified by the coroner of the county. This statement must be sent to the department of corrections for approval, and after approval, the department shall pay the costs out of the money appropriated for the support of the state prison to the county treasurer of the county where the inquest was held.
History: En. Sec. 2, Ch. 122, L. 1909; re-en. Sec. 4857, R.C.M. 1921; re-en. Sec. 4857, R.C.M. 1935; amd. Sec. 86, Ch. 199, L. 1965; R.C.M. 1947, 16-3410; amd. Sec. 22, Ch. 443, L. 1979; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 27, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2914. Statement required before allowing accounts of coroner

7-4-2914. Statement required before allowing accounts of coroner.
Before allowing the accounts of the coroner, the board of county commissioners shall require the coroner to file with the clerk of the board a statement, in writing and verified by affidavit, showing:
(1) the amount of money or other property belonging to the estate of the deceased person that has come into the coroner's possession since the last statement; and
(2) the disposition made of the property.
History: En. Sec. 4493, Pol. C. 1895; re-en. Sec. 3069, Rev. C. 1907; re-en. Sec. 4851, R.C.M. 1921; Cal. Pol. C. Sec. 4288; re-en. Sec. 4851, R.C.M. 1935; R.C.M. 1947, 16-3404; amd. Sec. 442, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2915. Custody and disposition of bodies held pending investigation

7-4-2915. Custody and disposition of bodies held pending investigation.
(1) In the course of an inquiry authorized under the provisions of 46-4-122, the coroner may take custody of a dead human body and cause it to be removed from the site of death to a facility designated by the coroner.
(2) A dead human body in the custody of a county coroner must be held until the coroner, after consultation with appropriate law enforcement officials and the county attorney, establishes that it is not necessary to hold the body to determine the reasonable and true cause of death or that the body is no longer necessary to assist any local investigations.
(3) If the identity of a dead human body is unknown or if those entitled to custody of a body do not claim it, the coroner shall take custody of the body even if the circumstances of the death do not otherwise require an inquiry by the coroner.
(4) A dead human body in the custody of the coroner may be released by the coroner to the custody of a person who is entitled to custody or to a funeral home.
(5) The coroner shall release to a funeral home a dead human body that is not designated to be released to a specific funeral home by the deceased prior to death, by the deceased's next of kin, or by a friend of the deceased who will take financial responsibility for the disposition of the body. The coroner shall rotate the release of bodies to funeral homes in a manner that is fair and equitable. The coroner may not release a body to a funeral home if the funeral home has requested in writing by December 1 of the preceding year that it does not wish to participate in the release of bodies under this section.
History: En. Sec. 1, Ch. 378, L. 1979; amd. Sec. 11, Ch. 660, L. 1991; amd. Sec. 443, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2917. Disposition of property of deceased -- suicide note

7-4-2917. Disposition of property of deceased -- suicide note.
(1) Any property of a decedent or any suicide note composed or purportedly composed by a decedent in the custody of the county coroner shall be held until such time as the county attorney establishes that it is not necessary to hold such property or note to determine the true cause of death, to assist any investigating agency, or to be used as evidence in any related criminal court action.
(2) For the purposes of this section, "investigating agency" means any county attorney, the state medical examiner, and any law enforcement agency of this state and any political subdivision of this state having jurisdiction of the death.
(3) When such property or note is no longer needed for evidentiary purposes, it shall be given upon written request to the personal representative of the decedent appointed under Title 72 or, if no personal representative is appointed, to the decedent's family or whoever in the discretion of the county attorney should receive the property or the note.
History: En. Sec. 1, Ch. 408, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2921. Repealed

7-4-2921. Repealed.
Sec. 5, Ch. 371, L. 1979.
History: En. Sec. 4640, Pol. C. 1895; re-en. Sec. 3173, Rev. C. 1907; re-en. Sec. 4922, R.C.M. 1921; amd. Sec. 1, Ch. 59, L. 1933; re-en. Sec. 4922, R.C.M. 1935; amd. Sec. 1, Ch. 9, L. 1937; amd. Sec. 1, Ch. 211, L. 1951; amd. Sec. 9, Ch. 439, L. 1975; R.C.M. 1947, 25-236(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2922. Repealed

7-4-2922. Repealed.
Sec. 5, Ch. 371, L. 1979.
History: En. Sec. 4640, Pol. C. 1895; re-en. Sec. 3173, Rev. C. 1907; re-en. Sec. 4922, R.C.M. 1921; amd. Sec. 1, Ch. 59, L. 1933; re-en. Sec. 4922, R.C.M. 1935; amd. Sec. 1, Ch. 9, L. 1937; amd. Sec. 1, Ch. 211, L. 1951; amd. Sec. 9, Ch. 439, L. 1975; R.C.M. 1947, 25-236(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2923. Computation of mileage for reimbursement

7-4-2923. Computation of mileage for reimbursement.
When a coroner serves more than one process in the same cause, not requiring more than one journey from the office, the coroner may receive mileage only for the more distant service, and mileage is not allowed for less than 1 mile actually traveled.
History: En. Sec. 4619, Pol. C. 1895; re-en. Sec. 3152, Rev. C. 1907; re-en. Sec. 4900, R.C.M. 1921; re-en. Sec. 4900, R.C.M. 1935; R.C.M. 1947, 25-216(part); amd. Sec. 444, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 29. Office of County Coroner › 7-4-2924. Indigent funeral assistance

7-4-2924. Indigent funeral assistance.
(1) (a) There is a special revenue account within the state special revenue fund established in 17-2-102 to aid counties in providing adequate burial, entombment, or cremation of an indigent person.
(b) There must be deposited in the account money received from donations to provide adequate burial, entombment, or cremation of an indigent person as defined in 53-3-116(5).
(c) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department of administration and may only be used for those purposes provided in this section.
(2) (a) A county may request to receive funding from the special revenue account created in this section to provide assistance for the burial, entombment, or cremation of an indigent person regardless of whether the county currently provides an indigent assistance program as provided in 53-3-116.
(b) A county may not use the funding provided in this section to cover amounts prohibited in 53-3-116(6).
(3) The department of administration may adopt rules to implement this section.
History: En. Sec. 1, Ch. 225, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 30. County Offices › 7-4-3001. Office of sheriff

7-4-3001. Office of sheriff.
The duties and functions of the sheriff's office are provided for in Title 7, chapter 32, part 21.
History: En. by Code Commissioner, 1979; amd. Sec. 7, Ch. 36, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 30. County Offices › 7-4-3004. Office of public administrator

7-4-3004. Office of public administrator.
The powers and duties of the public administrator are defined by Title 72, chapter 15, and 72-5-415(2).
History: New section recommended by Code Commissioner, 1921; re-en. Sec. 4858, R.C.M. 1935; R.C.M. 1947, 16-3501; amd. Sec. 3, Ch. 362, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 30. County Offices › 7-4-3006. Limitation on number of deputy district court clerks

7-4-3006. Limitation on number of deputy district court clerks.
The number of deputies allowed the clerk of the district court may not exceed one chief deputy and up to:
(1) six deputies in counties having a taxable valuation of $30 million or more;
(2) four deputies in counties having a taxable valuation of $15 million or more and less than $30 million and having more than one district judge;
(3) two deputies in counties having a taxable valuation of $15 million or more and less than $30 million and having one district judge;
(4) one deputy in counties having a taxable valuation of less than $15 million.
History: En. Sec. 1, Ch. 75, L. 1905; re-en. Sec. 3119, Rev. C. 1907; amd. Sec. 2, Ch. 93, L. 1909; amd. Sec. 1, Ch. 119, L. 1909; re-en. Sec. 4875, R.C.M. 1921; re-en. Sec. 4875, R.C.M. 1935; amd. Sec. 1, Ch. 69, L. 1953; R.C.M. 1947, 16-3701(part); amd. Sec. 23, Ch. 443, L. 1979; amd. Sec. 15, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 30. County Offices › 7-4-3007. Qualifications for office of county assessor -- forfeiture of office

7-4-3007. Qualifications for office of county assessor -- forfeiture of office.
(1) In addition to the qualifications set forth in 7-4-2201, each assessor, before entering the duties of office, shall:
(a) take and file with the county clerk the constitutional oath of office; and
(b) certify to the county clerk that:
(i) the assessor has satisfactorily completed the assessor certification training as provided in 15-7-106(4); or
(ii) the assessor intends to take the assessor certification training at the next offering.
(2) An assessor forfeits office for failure to take and satisfactorily complete the assessor certification training within 36 months after taking office by election or appointment or for failure to satisfactorily complete continuing education when conducted by the department of revenue, unless the board of county commissioners finds that:
(a) the assessor is excused for reasons beyond the assessor's control, including illness, a death in the family, or other good cause; or
(b) there is no other qualified person available for appointment as assessor.
(3) Subsections (1)(b) and (2) do not apply to county officers who are county assessors because their county office has been consolidated with the office of county assessor and who are not contractually required to perform property assessment duties for the department.
History: En. Sec. 1, Ch. 623, L. 1989; amd. Sec. 167, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4101. Officers of city of first class

7-4-4101. Officers of city of first class.
(1) The officers of a city of the first class consist of:
(a) one mayor;
(b) two city council members from each ward; and
(c) one city judge.
(2) Except as provided in 7-5-4410, officers listed in subsection (1) must be elected by the qualified electors of the city.
(3) There may also be appointed by the mayor, with the advice and consent of the council:
(a) one city attorney;
(b) one city clerk;
(c) one city treasurer or finance officer or one city clerk-treasurer;
(d) one chief of police;
(e) one assessor;
(f) one street commissioner;
(g) one city jailer;
(h) one city surveyor; and
(i) any other officers necessary to carry out the provisions of this title.
(4) The city council may by ordinance prescribe the duties of all city officers and fix their compensation.
History: En. Sec. 4740, Pol. C. 1895; re-en. Sec. 3216, Rev. C. 1907; re-en. Sec. 4995, R.C.M. 1921; re-en. Sec. 4995, R.C.M. 1935; R.C.M. 1947, 11-701; amd. Sec. 1, Ch. 447, L. 1979; amd. Sec. 445, Ch. 61, L. 2007; amd. Sec. 2, Ch. 174, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4102. Officers of city of second or third class

7-4-4102. Officers of city of second or third class.
(1) The officers of a city of the second or third class consist of:
(a) one mayor;
(b) two city council members from each ward; and
(c) one city judge.
(2) Except as provided in 7-5-4410, officers listed in subsection (1), except the city judge for a city of the third class, must be elected by the qualified electors of the city.
(3) The governing body of a city of the third class may by ordinance determine whether the office of city judge must be filled by appointment by the governing body or by election or may appoint a justice of the peace or the city judge of another city as judge of the city court as provided in 3-11-205.
(4) There may also be appointed by the mayor, with the advice and consent of the council:
(a) one city attorney;
(b) one city clerk, who is ex officio city assessor;
(c) one city treasurer or one city clerk-treasurer;
(d) one chief of police; and
(e) any other officers necessary to carry out the provisions of this title.
(5) The city council may prescribe the duties of all city officers and fix their compensation.
History: En. Sec. 4741, Pol. C. 1895; re-en. Sec. 3217, Rev. C. 1907; re-en. Sec. 4996, R.C.M. 1921; re-en. Sec. 4996, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1975; R.C.M. 1947, 11-702(part); amd. Sec. 2, Ch. 447, L. 1979; amd. Sec. 1, Ch. 506, L. 1979; amd. Sec. 7, Ch. 543, L. 1987; amd. Sec. 3, Ch. 300, L. 1989; amd. Sec. 446, Ch. 61, L. 2007; amd. Sec. 3, Ch. 174, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4103. Officers of towns

7-4-4103. Officers of towns.
(1) The officers of a town consist of:
(a) one mayor;
(b) two city council members from each ward; and
(c) one city judge.
(2) Except as provided in 7-5-4410, the officers listed in subsection (1), except for the city judge, must be elected by the qualified electors of the town.
(3) The governing body of the town may by ordinance determine that the office of city judge must be filled either by election or by appointment or may appoint a justice of the peace or the city judge of another city to be judge of the city court as provided in 3-11-205.
(4) There may be appointed by the mayor, with the advice and consent of the council:
(a) one clerk, who may be ex officio assessor and tax collector and a member of the council;
(b) one marshal, who may be ex officio street commissioner; and
(c) any other officers necessary to carry out the provisions of this title.
(5) The town council may prescribe the duties of all town officers and fix their compensation, subject to the limitations contained in this title.
History: En. Sec. 4742, Pol. C. 1895; re-en. Sec. 3218, Rev. C. 1907; re-en. Sec. 4997, R.C.M. 1921; re-en. Sec. 4997, R.C.M. 1935; amd. Sec. 1, Ch. 146, L. 1974; R.C.M. 1947, 11-703; amd. Sec. 1, Ch. 269, L. 1981; amd. Sec. 8, Ch. 543, L. 1987; amd. Sec. 4, Ch. 300, L. 1989; amd. Sec. 447, Ch. 61, L. 2007; amd. Sec. 4, Ch. 174, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4104. General qualifications for municipal office

7-4-4104. General qualifications for municipal office.
No person is eligible to any municipal office, elective or appointive:
(1) who is not a citizen of the United States; and
(2) who has not met the qualifications prescribed by law or by ordinance adopted by the governing body of a city or town.
History: En. Sec. 365, 5th Div. Comp. Stat. 1887; amd. Sec. 4752, Pol. C. 1895; re-en. Sec. 3228, Rev. C. 1907; re-en. Sec. 5007, R.C.M. 1921; re-en. Sec. 5007, R.C.M. 1935; amd. Sec. 2, Ch. 76, L. 1961; R.C.M. 1947, 11-713; amd. Sec. 2, Ch. 506, L. 1979; amd. Sec. 2, Ch. 269, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4105. Authority to abolish appointive municipal offices

7-4-4105. Authority to abolish appointive municipal offices.
The city or town council may abolish, by a majority vote of the council, any office, except that of city judge, the appointment to which is made by the mayor with the advice and consent of the council and may discharge any officer so appointed.
History: En. Sec. 4744, Pol. C. 1895; re-en. Sec. 3220, Rev. C. 1907; re-en. Sec. 4999, R.C.M. 1921; re-en. Sec. 4999, R.C.M. 1935; R.C.M. 1947, 11-705; amd. Sec. 24, Ch. 443, L. 1979; amd. Sec. 3, Ch. 506, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4106. Authority to consolidate municipal offices

7-4-4106. Authority to consolidate municipal offices.
The city or town council may by ordinance consolidate any of the offices, except that of city judge, the appointment to which is made by the mayor with the advice and consent of the council and may require any of the elected officers to perform any of the duties of an appointed officer whose office has been abolished.
History: En. Sec. 4745, Pol. C. 1895; re-en. Sec. 3221, Rev. C. 1907; re-en. Sec. 5000, R.C.M. 1921; re-en. Sec. 5000, R.C.M. 1935; R.C.M. 1947, 11-706; amd. Sec. 4, Ch. 506, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4107. Commencement of term of office

7-4-4107. Commencement of term of office.
(1) The terms of all officers elected at a municipal election are to commence on the first Monday in January after such election.
(2) Officers appointed by the mayor with the advice and consent of the council enter upon their duties within 10 days after receiving notice of their appointment.
History: En. Secs. 4751, 4759, Pol. C. 1895; re-en. Secs. 3227, 3235, Rev. C. 1907; re-en. Secs. 5006, 5014, R.C.M. 1921; re-en. Secs. 5006, 5014, R.C.M. 1935; R.C.M. 1947, 11-712, 11-720; amd. Sec. 27, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4108. Repealed

7-4-4108. Repealed.
Sec. 2, Ch. 486, L. 1993.
History: Ap. p. Sec. 4758, Pol. C. 1895; re-en. Sec. 3234, Rev. C. 1907; re-en. Sec. 5013, R.C.M. 1921; re-en. Sec. 5013, R.C.M. 1935; amd. Sec. 1, Ch. 7, L. 1973; Sec. 11-719, R.C.M. 1947; Ap. p. Sec. 4772, Pol. C. 1895; re-en. Sec. 3248, Rev. C. 1907; re-en. Sec. 5027, R.C.M. 1921; re-en. Sec. 5027, R.C.M. 1935; Sec. 11-733, R.C.M. 1947; R.C.M. 1947, 11-719(part), 11-733.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4109. Official bond

7-4-4109. Official bond.
Each officer of a city or town who is required to give bond shall file the bond, duly approved, within 10 days after receiving notice of election or appointment or, if notice is not received, then on or before the date fixed for the assumption of the duties of the office to which the officer is elected or appointed.
History: En. Sec. 4758, Pol. C. 1895; re-en. Sec. 3234, Rev. C. 1907; re-en. Sec. 5013, R.C.M. 1921; re-en. Sec. 5013, R.C.M. 1935; amd. Sec. 1, Ch. 7, L. 1973; R.C.M. 1947, 11-719(part); amd. Sec. 448, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4110. Duties of officers not otherwise provided for

7-4-4110. Duties of officers not otherwise provided for.
(1) The city or town council has power to prescribe the duties of all officers of the city or town, subject to the limitations mentioned in this code.
(2) The duties of the street commissioner, chief of the fire department, city surveyor, and other city officers not provided in this code may be prescribed by ordinance.
History: (1)En. Subd. 47, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.46, R.C.M. 1935; Sec. 11-949, R.C.M. 1947; (2)En. Sec. 4789, Pol. C. 1895; re-en. Sec. 3258, Rev. C. 1907; re-en. Sec. 5028, R.C.M. 1921; re-en. Sec. 5028, R.C.M. 1935; Sec. 11-734, R.C.M. 1947; R.C.M. 1947, 11-734(part), 11-949(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4111. Determination of vacancy in municipal office

7-4-4111. Determination of vacancy in municipal office.
An office becomes vacant on the happening of any of the following events before the expiration of the term of the incumbent:
(1) the death of the incumbent;
(2) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent is mentally ill;
(3) the incumbent's resignation;
(4) the incumbent's removal from office;
(5) the incumbent's absence from the city or town continuously for 10 days without the consent of the council;
(6) the incumbent's open neglect or refusal to discharge duties;
(7) the incumbent's ceasing to be a resident of the city or town or, in the case of a city council member, ceasing to be a resident of the city council member's ward. This subsection does not apply to an appointed municipal officer who resides outside the city or town limits with the approval of the city or town governing body and within a distance of the city or town approved by the governing body.
(8) the incumbent's ceasing to discharge the duty of office for a period of 3 consecutive months, except when prevented by illness or when absent from the city or town by permission of the governing body;
(9) the incumbent's conviction of a felony or of any offense involving moral turpitude or a violation of official duties;
(10) the incumbent's refusal or neglect to file an official bond within the time prescribed;
(11) the decision of a competent tribunal declaring void the incumbent's election or appointment.
History: En. Sec. 4758, Pol. C. 1895; re-en. Sec. 3234, Rev. C. 1907; re-en. Sec. 5013, R.C.M. 1921; re-en. Sec. 5013, R.C.M. 1935; amd. Sec. 1, Ch. 7, L. 1973; R.C.M. 1947, 11-719(part); amd. Sec. 1, Ch. 233, L. 1981; amd. Sec. 1, Ch. 459, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4112. Filling of vacancy

7-4-4112. Filling of vacancy.
(1) When a vacancy occurs in any elective office, this position is considered open and subject to nomination and election at the next general municipal election in the same manner as the election of any other person holding the same office, except the term of office is limited to the unexpired term of the person who originally created the vacancy. Pending an election and qualification, the council shall, by a majority vote of the members, appoint a person within 30 days of the vacancy to hold the office until a successor is elected and qualified.
(2) If all council positions become vacant at one time, the board of county commissioners shall appoint persons within 5 days to hold office as a city council member. The appointed city council member shall then appoint persons to any other vacant elective offices.
(3) A vacancy in the office of city council member must be filled from the ward in which the vacancy exists.
History: En. Sec. 1, Ch. 72, L. 1903; re-en. Sec. 3236, Rev. C. 1907; re-en. Sec. 5015, R.C.M. 1921; amd. Sec. 1, Ch. 26, L. 1974; R.C.M. 1947, 11-721(part); amd. Sec. 1, Ch. 457, L. 1981; amd. Sec. 1, Ch. 286, L. 1987; amd. Sec. 449, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4113. Removal of appointed officer

7-4-4113. Removal of appointed officer.
The council, upon written charges to be entered upon their journal, after notice to the party, and after trial by the council, may remove any nonelected officer by vote of two-thirds of all the members-elect.
History: En. Sec. 1, Ch. 72, L. 1903; re-en. Sec. 3236, Rev. C. 1907; re-en. Sec. 5015, R.C.M. 1921; amd. Sec. 1, Ch. 26, L. 1974; R.C.M. 1947, 11-721(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 41. Municipal Officers in General › 7-4-4114. Municipal executive officers

7-4-4114. Municipal executive officers.
(1) The executive officers of a city or town are the mayor, the marshal (if there is one), and such officers as the council may provide for assessment; collecting, auditing, safekeeping, and disbursing the revenue; and keeping the records and journals of the city or town.
(2) The mayor is the chief executive officer of the city or town.
History: (1)En. Sec. 4780, Pol. C. 1895; re-en. Sec. 3249, Rev. C. 1907; re-en. Sec. 5029, R.C.M. 1921; Cal. Pol. C. Sec. 4385; re-en. Sec. 5029, R.C.M. 1935; Sec. 11-801, R.C.M. 1947; (2)En. Sec. 367, 5th Div. Comp. Stat. 1887; amd. Sec. 13, p. 126, L. 1893; amd. Sec. 4781, Pol. C. 1895; re-en. Sec. 3250, Rev. C. 1907; re-en. Sec. 5030, R.C.M. 1921; Cal. Pol. C. Sec. 4386; re-en. Sec. 5030, R.C.M. 1935; amd. Sec. 1, Ch. 535, L. 1975; Sec. 11-802, R.C.M. 1947; R.C.M. 1947, 11-801, 11-802(part); amd. Sec. 25, Ch. 443, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 42. Compensation of Municipal Officers and Employees › 7-4-4201. Salary of officers

7-4-4201. Salary of officers.
The council shall determine by ordinance or resolution the salaries and compensation of elected and appointed city officers and all city employees.
History: Ap.p. Secs. 4763, 4789, Pol. C. 1895; re-en. Secs. 3239, 3258, Rev. C. 1907; re-en. Secs. 5018, 5028, R.C.M. 1921; re-en. Secs. 5018, 5028, R.C.M. 1935; Secs. 11-724, 11-734, R.C.M. 1947; Ap.p. Sec. 4764, Pol. C. 1895; re-en. Sec. 3240, Rev. C. 1907; amd. Sec. 1, Ch. 111, L. 1913; re-en. Sec. 5019, R.C.M. 1921; re-en. Sec. 5019, R.C.M. 1935; amd. Sec. 1, Ch. 50, L. 1943; amd. Sec. 1, Ch. 188, L. 1949; amd. Sec. 1, Ch. 115, L. 1951; amd. Sec. 1, Ch. 76, L. 1953; amd. Sec. 1, Ch. 170, L. 1955; amd. Sec. 1, Ch. 179, L. 1961; amd. Sec. 1, Ch. 142, L. 1963; amd. Sec. 1, Ch. 158, L. 1965; amd. Sec. 1, Ch. 224, L. 1967; amd. Sec. 1, Ch. 297, L. 1969; Sec. 11-725, R.C.M. 1947; Ap.p. Sec. 4767, Pol. C. 1895; re-en. Sec. 3243, Rev. C. 1907; re-en. Sec. 5022, R.C.M. 1921; re-en. Sec. 5022, R.C.M. 1935; amd. Sec. 1, Ch. 69, L. 1939; amd. Sec. 1, Ch. 46, L. 1947; amd. Sec. 3, Ch. 76, L. 1953; amd. Sec. 2, Ch. 170, L. 1955; amd. Sec. 3, Ch. 179, L. 1961; amd. Sec. 2, Ch. 142, L. 1963; amd. Sec. 3, Ch. 158, L. 1965; amd. Sec. 1, Ch. 189, L. 1967; Sec. 11-728, R.C.M. 1947; Ap.p. Sec. 4768, Pol. C. 1895; re-en. Sec. 3244, Rev. C. 1907; re-en. Sec. 5023, R.C.M. 1921; re-en. Sec. 5023, R.C.M. 1935; amd. Sec. 1, Ch. 25, L. 1943; amd. Sec. 2, Ch. 188, L. 1949; amd. Sec. 2, Ch. 115, L. 1951; amd. Sec. 4, Ch. 76, L. 1953; amd. Sec. 3, Ch. 170, L. 1955; amd. Sec. 4, Ch. 179, L. 1961; amd. Sec. 4, Ch. 158, L. 1965; amd. Sec. 1, Ch. 155, L. 1967; Sec. 11-729, R.C.M. 1947; Ap.p. Sec. 4770, Pol. C. 1895; re-en. Sec. 3246, Rev. C. 1907; amd. Sec. 1, Ch. 14, L. 1917; re-en. Sec. 5025, R.C.M. 1921; re-en. Sec. 5025, R.C.M. 1935; amd. Sec. 1, Ch. 124, L. 1945; amd. Sec. 3, Ch. 188, L. 1949; amd. Sec. 3, Ch. 115, L. 1951; amd. Sec. 5, Ch. 76, L. 1953; amd. Sec. 4, Ch. 170, L. 1955; amd. Sec. 5, Ch. 179, L. 1961; amd. Sec. 5, Ch. 158, L. 1965; amd. Sec. 1, Ch. 156, L. 1967; amd. Sec. 2, Ch. 146, L. 1974; Sec. 11-731, R.C.M. 1947; R.C.M. 1947, 11-724, 11-725(part), 11-728, 11-729, 11-731, 11-734(part); amd. Sec. 1, Ch. 221, L. 1979; amd. Sec. 1, Ch. 428, L. 1979; amd. Sec. 26, Ch. 443, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 42. Compensation of Municipal Officers and Employees › 7-4-4202. Repealed

7-4-4202. Repealed.
Sec. 37, Ch. 291, L. 2009.
History: (1), (4)En. Sec. 13, Ch. 136, L. 1907; Sec. 3316, Rev. C. 1907; re-en. Sec. 5107, R.C.M. 1921; re-en. Sec. 5107, R.C.M. 1935; amd. Sec. 1, Ch. 9, L. 1951; amd. Sec. 1, Ch. 29, L. 1957; amd. Sec. 1, Ch. 356, L. 1969; Sec. 11-1815, R.C.M. 1947; (2), (3)En. Sec. 4769, Pol. C. 1895; re-en. Sec. 3245, Rev. C. 1907; amd. Sec. 1, Ch. 55, L. 1911; re-en. Sec. 5024, R.C.M. 1921; re-en. Sec. 5024, R.C.M. 1935; amd. Sec. 1, Ch. 51, L. 1943; amd. Sec. 1, Ch. 234, L. 1947; amd. Sec. 1, Ch. 10, L. 1951; amd. Sec. 1, Ch. 30, L. 1957; Sec. 11-730, R.C.M. 1947; R.C.M. 1947, 11-730, 11-1815.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 42. Compensation of Municipal Officers and Employees › 7-4-4211. Designation of person to receive decedent's warrants or paychecks -- reissuance

7-4-4211. Designation of person to receive decedent's warrants or paychecks -- reissuance.
A person employed by a municipality may file with the appointing power a designation of a person who, notwithstanding any other provision of law, is entitled, on the death of the employee, to receive all warrants or paychecks that would have been payable to the decedent. The employee may change the designation from time to time. A designated person shall claim the warrants or paychecks from the city treasurer or town clerk, whichever is applicable, and on sufficient proof of identity, the city treasurer or town clerk shall reissue the warrant or paycheck in the name of the designated person and deliver the warrant or paycheck to the designated person.
History: En. Sec. 2, Ch. 113, L. 1983; amd. Sec. 450, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 43. Office of Mayor › 7-4-4301. Qualifications for mayor

7-4-4301. Qualifications for mayor.
(1) A person is not eligible for the office of mayor unless the person:
(a) is at least 21 years old;
(b) has been a resident of the state for at least 3 years; and
(c) has been a resident for at least 2 years preceding the election to office of the city or town or an area that has been annexed by the city or town.
(2) The office of mayor of a city or town is considered vacant if the individual elected as mayor ceases to be a resident of the city or town.
History: En. Sec. 8, p. 65, Ex. L. 1887; amd. Sec. 4749, Pol. C. 1895; re-en. Sec. 3225, Rev. C. 1907; re-en. Sec. 5004, R.C.M. 1921; re-en. Sec. 5004, R.C.M. 1935; amd. Sec. 1, Ch. 76, L. 1961; amd. Sec. 1, Ch. 177, L. 1974; R.C.M. 1947, 11-710; amd. Sec. 2, Ch. 420, L. 1979; amd. Sec. 27, Ch. 443, L. 1979; amd. Sec. 451, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 43. Office of Mayor › 7-4-4302. Term of office

7-4-4302. Term of office.
The mayor shall hold office for a term of 4 years and until the qualification of a successor.
History: En. Sec. 4, p. 122, L. 1893; amd. Sec. 4748, Pol. C. 1895; re-en. Sec. 3324, Rev. C. 1907; re-en. Sec. 5003, R.C.M. 1921; amd. Sec. 1, Ch. 60, L. 1935; re-en. Sec. 5003, R.C.M. 1935; amd. Sec. 1, Ch. 193, L. 1971; amd. Sec. 1, Ch. 343, L. 1971; R.C.M. 1947, 11-709(part); amd. Sec. 452, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 43. Office of Mayor › 7-4-4303. Powers of mayor related to municipal officers, personnel, and citizens

7-4-4303. Powers of mayor related to municipal officers, personnel, and citizens.
The mayor has power to:
(1) nominate and, with the consent of the council, appoint all nonelective officers of the city or town provided for by the council, except as provided in this title;
(2) suspend and, with the consent of the council, remove any nonelective officer, stating in the suspension or removal the cause for the removal;
(3) supervise the discharge of official duty by all subordinate officers;
(4) require of any of the officers of a city or town an exhibit of the officer's books and papers;
(5) request that the governor call out the militia to aid the mayor in suppressing riots or other disorderly conduct, preventing and extinguishing fires, securing the peace and safety of the city or town, or carrying into effect any law or ordinance.
History: En. Sec. 367, 5th Div. Comp. Stat. 1887; amd. Sec. 13, p. 126, L. 1893; amd. Sec. 4781, Pol. C. 1895; re-en. Sec. 3250, Rev. C. 1907; re-en. Sec. 5030, R.C.M. 1921; Cal. Pol. C. Sec. 4386; re-en. Sec. 5030, R.C.M. 1935; amd. Sec. 1, Ch. 535, L. 1975; R.C.M. 1947, 11-802(part); amd. Sec. 9, Ch. 485, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 43. Office of Mayor › 7-4-4304. Repealed

7-4-4304. Repealed.
Sec. 11, Ch. 485, L. 1997.
History: En. Sec. 367, 5th Div. Comp. Stat. 1887; amd. Sec. 13, p. 126, L. 1893; amd. Sec. 4781, Pol. C. 1895; re-en. Sec. 3250, Rev. C. 1907; re-en. Sec. 5030, R.C.M. 1921; Cal. Pol. C. Sec. 4386; re-en. Sec. 5030, R.C.M. 1935; amd. Sec. 1, Ch. 535, L. 1975; R.C.M. 1947, 11-802(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 43. Office of Mayor › 7-4-4305. Power to grant pardons

7-4-4305. Power to grant pardons.
The mayor has power to grant pardons and remit fines and forfeitures for offenses against city or town ordinances when in the mayor's judgment public justice would be thereby subserved. The mayor must report all pardons granted, with the reasons therefor, to the next council.
History: En. Sec. 367, 5th Div. Comp. Stat. 1887; amd. Sec. 13, p. 126, L. 1893; amd. Sec. 4781, Pol. C. 1895; re-en. Sec. 3250, Rev. C. 1907; re-en. Sec. 5030, R.C.M. 1921; Cal. Pol. C. Sec. 4386; re-en. Sec. 5030, R.C.M. 1935; amd. Sec. 1, Ch. 535, L. 1975; R.C.M. 1947, 11-802(15).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 43. Office of Mayor › 7-4-4306. Extraterritorial powers

7-4-4306. Extraterritorial powers.
The mayor has power to exercise the power as may be vested in the mayor by ordinance of the city or town, in and over all places within 5 miles of the boundaries of the city or town for the purpose of enforcing the health and quarantine ordinances and regulations of the city or town. The board of county commissioners of the county affected by the ordinance and the local health board, if a local health board exists in the area affected by the ordinance, shall approve the ordinance by a majority vote.
History: En. Sec. 367, 5th Div. Comp. Stat. 1887; amd. Sec. 13, p. 126, L. 1893; amd. Sec. 4781, Pol. C. 1895; re-en. Sec. 3250, Rev. C. 1907; re-en. Sec. 5030, R.C.M. 1921; Cal. Pol. C. Sec. 4386; re-en. Sec. 5030, R.C.M. 1935; amd. Sec. 1, Ch. 535, L. 1975; R.C.M. 1947, 11-802(17); amd. Sec. 10, Ch. 485, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 44. Office of City Council Member › 7-4-4401. Qualifications for city council member

7-4-4401. Qualifications for city council member.
A person is not eligible for the office of city council member unless the person is a resident for at least 60 days preceding the election to office of the ward electing the person or of an area that has been annexed by the city or town and placed in the ward.
History: En. Sec. 366, 5th Div. Comp. Stat. 1887; amd. Sec. 4753, Pol. C. 1895; re-en. Sec. 3229, Rev. C. 1907; re-en. Sec. 5008, R.C.M. 1921; re-en. Sec. 5008, R.C.M. 1935; amd. Sec. 3, Ch. 76, L. 1961; amd. Sec. 1, Ch. 144, L. 1967; R.C.M. 1947, 11-714; amd. Sec. 3, Ch. 420, L. 1979; amd. Sec. 28, Ch. 443, L. 1979; amd. Sec. 453, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 44. Office of City Council Member › 7-4-4402. Term of office

7-4-4402. Term of office.
(1) Except as provided in subsection (2), a city council member shall hold office for a term of 4 years and until the qualification of a successor.
(2) At the first annual election held after the organization of a city or town under this title, the electors of the city or town shall elect two city council members from each ward, who shall, at the first meeting of the council, decide by lot their terms of office, with one from each ward to hold for a term of 4 years and one for a term of 2 years and until the qualification of their successors. In the succeeding elections, one city council member from each ward must be elected for a 4-year term.
History: Ap. p. Sec. 4, p. 122, L. 1893; amd. Sec. 4748, Pol. C. 1895; re-en. Sec. 3224, Rev. C. 1907; re-en. Sec. 5003, R.C.M. 1921; amd. Sec. 1, Ch. 60, L. 1935; re-en. Sec. 5003, R.C.M. 1935; amd. Sec. 1, Ch. 193, L. 1971; amd. Sec. 1, Ch. 343, L. 1971; Sec. 11-709, R.C.M. 1947; Ap. p. Sec. 4750, Pol. C. 1895; re-en. Sec. 3226, Rev. C. 1907; re-en. Sec. 5005, R.C.M. 1921; re-en. Sec. 5005, R.C.M. 1935; Sec. 11-711, R.C.M. 1947; R.C.M. 1947, 11-709(part), 11-711; amd. Sec. 29, Ch. 443, L. 1979; amd. Sec. 454, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 44. Office of City Council Member › 7-4-4403. Officers of city or town council

7-4-4403. Officers of city or town council.
The council may elect a president who, in the absence of the mayor, is the presiding officer and may perform the duties of mayor. In the absence of the president, the council may appoint one of its number to act in the president's place.
History: En. Sec. 4783, Pol. C. 1895; re-en. Sec. 3252, Rev. C. 1907; re-en. Sec. 5032, R.C.M. 1921; re-en. Sec. 5032, R.C.M. 1935; R.C.M. 1947, 11-804; amd. Sec. 455, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 45. Office of Municipal Clerk › 7-4-4501. Duties of city clerk related to administration

7-4-4501. Duties of city clerk related to administration.
It is the duty of the clerk to:
(1) attend all meetings of the council and record and sign the proceedings thereof and all ordinances, bylaws, resolutions, and contracts passed, adopted, or entered into;
(2) enter in a book all ordinances, resolutions, and bylaws passed and adopted by the council;
(3) countersign and cause to be published or posted, as provided by law, all ordinances, bylaws, or resolutions passed and adopted by the council;
(4) sign, number, and keep a record of all licenses, commissions, or permits granted or authorized by the council;
(5) take and administer oaths, but must not charge or receive any fees therefor;
(6) perform such other and further duties as the council may prescribe.
History: En. Sec. 4784, Pol. C. 1895; re-en. Sec. 3253, Rev. C. 1907; re-en. Sec. 5033, R.C.M. 1921; Cal. Pol. C. Sec. 4393; re-en. Sec. 5033, R.C.M. 1935; R.C.M. 1947, 11-805(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 45. Office of Municipal Clerk › 7-4-4502. Duties of city clerk related to city records and papers

7-4-4502. Duties of city clerk related to city records and papers.
The city clerk shall:
(1) file and keep all records, books, papers, or property belonging to the city or town and deliver the documents or property to the clerk's successor when qualified;
(2) make and certify copies of all records, books, and papers in the clerk's possession on the payment of fees that are allowed county clerks, which must be paid into the city treasury;
(3) make and keep a complete index of the journal, ordinance book, finance book, and all other books and papers on file in the clerk's office.
History: En. Sec. 4784, Pol. C. 1895; re-en. Sec. 3253, Rev. C. 1907; re-en. Sec. 5033, R.C.M. 1921; Cal. Pol. C. Sec. 4393; re-en. Sec. 5033, R.C.M. 1935; R.C.M. 1947, 11-805(part); amd. Sec. 456, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 45. Office of Municipal Clerk › 7-4-4503. City ordinance book

7-4-4503. City ordinance book.
The book required by 7-4-4501(2) is called "The Ordinance Book".
History: En. Sec. 4784, Pol. C. 1895; re-en. Sec. 3253, Rev. C. 1907; re-en. Sec. 5033, R.C.M. 1921; Cal. Pol. C. Sec. 4393; re-en. Sec. 5033, R.C.M. 1935; R.C.M. 1947, 11-805(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 45. Office of Municipal Clerk › 7-4-4511. Duties of town clerk related to administration

7-4-4511. Duties of town clerk related to administration.
It shall be the duty of the town clerk to:
(1) attend all meetings of the council and record and sign the proceedings thereof and all ordinances, bylaws, resolutions, and contracts passed, adopted, or entered into;
(2) enter in a book all ordinances, resolutions, and bylaws passed and adopted by the council;
(3) countersign and cause to be published or posted, as provided by law, all ordinances, bylaws, or resolutions passed and adopted by the council;
(4) sign, number, and keep a record of all licenses, commissions, or permits granted or authorized by the council.
History: En. 11-805.1 by Sec. 4, Ch. 146, L. 1974; R.C.M. 1947, 11-805.1(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 45. Office of Municipal Clerk › 7-4-4512. Duties of town clerk related to town records and papers

7-4-4512. Duties of town clerk related to town records and papers.
The town clerk shall file and keep all records, books, papers, or property belonging to the town and to deliver the documents or property to a successor when qualified.
History: En. 11-805.1 by Sec. 4, Ch. 146, L. 1974; R.C.M. 1947, 11-805.1(part); amd. Sec. 457, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 45. Office of Municipal Clerk › 7-4-4513. Town ordinance book

7-4-4513. Town ordinance book.
The book required by 7-4-4511(2) is called "The Ordinance Book".
History: En. 11-805.1 by Sec. 4, Ch. 146, L. 1974; R.C.M. 1947, 11-805.1(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 46. Office of City Attorney › 7-4-4601. Qualifications for city attorney

7-4-4601. Qualifications for city attorney.
To be appointed, the city attorney shall be a person who has been licensed to practice as an attorney in this state.
History: En. Sec. 6, p. 64, Ex. L. 1887; amd. Sec. 9, p. 182, L. 1889; amd. Sec. 4787, Pol. C. 1895; re-en. Sec. 3256, Rev. C. 1907; re-en. Sec. 5038, R.C.M. 1921; Cal. Pol. C. Sec. 4391; re-en. Sec. 5038, R.C.M. 1935; R.C.M. 1947, 11-811(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 46. Office of City Attorney › 7-4-4602. Appointment -- term of office

7-4-4602. Appointment -- term of office.
(1) The city attorney must be appointed by the mayor, subject to approval by the city council.
(2) The city attorney shall hold office for 2 years unless suspended or removed as provided by law.
History: En. Sec. 6, p. 64, Ex. L. 1887; amd. Sec. 9, p. 182, L. 1889; amd. Sec. 4787, Pol. C. 1895; re-en. Sec. 3256, Rev. C. 1907; re-en. Sec. 5038, R.C.M. 1921; Cal. Pol. C. Sec. 4391; re-en. Sec. 5038, R.C.M. 1935; R.C.M. 1947, 11-811(part); amd. Sec. 2, Ch. 428, L. 1979; amd. Sec. 458, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 46. Office of City Attorney › 7-4-4603. Removal or suspension

7-4-4603. Removal or suspension.
The city attorney may be suspended or removed from office by the city council for the neglect, violation, or disregard of the duties required by law or the ordinances of the city.
History: En. Sec. 6, p. 64, Ex. L. 1887; amd. Sec. 9, p. 182, L. 1889; amd. Sec. 4787, Pol. C. 1895; re-en. Sec. 3256, Rev. C. 1907; re-en. Sec. 5038, R.C.M. 1921; Cal. Pol. C. Sec. 4391; re-en. Sec. 5038, R.C.M. 1935; R.C.M. 1947, 11-811(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 46. Office of City Attorney › 7-4-4604. Duties

7-4-4604. Duties.
The city attorney shall:
(1) appear before the city court and other courts and prosecute on behalf of the city;
(2) serve upon the attorney general within 10 days of the filing or receipt a copy of any notice of appeal that the city attorney files or receives in a criminal proceeding;
(3) when required, draft for the city council contracts and ordinances for the government of the city;
(4) when required, give to the mayor or city council written opinions on questions pertaining to the duties and the rights, liabilities, and powers of the city; and
(5) perform other duties that pertain to the functions of the city council or that the city council prescribes by resolution.
History: En. Sec. 6, p. 64, Ex. L. 1887; amd. Sec. 9, p. 182, L. 1889; amd. Sec. 4787, Pol. C. 1895; re-en. Sec. 3256, Rev. C. 1907; re-en. Sec. 5038, R.C.M. 1921; Cal. Pol. C. Sec. 4391; re-en. Sec. 5038, R.C.M. 1935; R.C.M. 1947, 11-811(part); amd. Sec. 3, Ch. 428, L. 1979; amd. Sec. 1, Ch. 154, L. 2005.