2023 Montana Code Annotated › Title 7. Local Government › Chapter 1. General Provisions › Part 2. Boards › 7-1-201. Boards

7-1-201. Boards.
(1) A board of county commissioners may by resolution establish the administrative boards, districts, or commissions allowed by law or required by law to be established pursuant to 7-1-202, 7-1-203, Title 7, chapter 11, part 10, and this section and listed in 7-1-202. The resolution creating an administrative board, district, or commission must specify:
(a) the number of administrative board, district board, or commission members;
(b) the terms of the members;
(c) whether members are entitled to mileage, per diem, expenses, and salary; and
(d) any special qualifications for membership in addition to those established by law.
(2) (a) An administrative board, a district board, or a commission may be assigned responsibility for a department or service district.
(b) An administrative board, a district board, or a commission may:
(i) exercise administrative powers as granted by resolution, except that it may not pledge the credit of the county or impose a tax unless specifically authorized by state law; and
(ii) administer programs, establish policy, and adopt administrative and procedural rules.
(c) The resolution creating an administrative board, a district board, or a commission must grant the administrative board, district board, or commission all powers necessary and proper to the establishment, operation, improvement, maintenance, and administration of the department or district.
(d) If authorized by resolution, an administrative board, a district board, or a commission may employ personnel to assist in its functions.
(3) (a) An administrative board, a district board, or a commission may be made elective.
(b) If an administrative board, a district board, or a commission is made elective, the election must be conducted as provided in Title 13, chapter 1, part 5.
(c) A vacancy created pursuant to 2-16-501 occurring during a term must be filled for the unexpired term by the county commissioners. The member appointed to fill the vacancy holds the office until a successor has been elected and qualified.
(4) An administrative board, a district board, or a commission may not sue or be sued independently of the local government unless authorized by state law.
(5) (a) If administrative board, district board, or commission members are to be appointed, the members must be appointed by the county commissioners. The county commissioners shall post prospective membership vacancies at least 1 month prior to filling the vacancy. A vacancy created pursuant to 2-16-501 occurring during a term must be filled for the unexpired term by the county commissioners. The member appointed to fill the vacancy holds the office until a successor has been appointed and qualified.
(b) The county commissioners shall maintain a register of appointments, including:
(i) the name of the administrative board, district board, or commission;
(ii) the date of appointment and confirmation, if any is required;
(iii) the length of term;
(iv) the name and term of the presiding officer and other officers of each administrative board, district board, or commission; and
(v) the date, time, and place of regularly scheduled meetings.
(c) Terms for members of elected or appointed boards or commissions may not exceed 4 years. Unless otherwise provided by resolution or as provided in 7-11-1010, members shall serve terms beginning on July 1 and shall serve at the pleasure of the county commissioners.
(6) An administrative board, a district board, or a commission must consist of a minimum of 3 members and must have an odd number of members.
(7) The resolution creating an administrative board, a district board, or a commission may provide for voting or nonvoting ex officio members.
(8) Two or more local governments may provide for a joint administrative board, district board, or commission to be established by interlocal agreement.
(9) A majority of members constitutes a quorum for the purposes of conducting business and exercising powers and responsibilities. Action may be taken by a majority vote of members present and voting unless the resolution creating the board, district, or commission specifies otherwise.
(10) An administrative board, a district board, or a commission shall provide for the keeping of written minutes, including the final vote on all actions and the vote of each member.
(11) An administrative board, a district board, or a commission shall provide by rule for the date, time, and place of regularly scheduled meetings and file the information with the county commissioners.
(12) Unless otherwise provided by law, a person must be a citizen of the United States and a resident of the county to be eligible for appointment to an administrative board, a district board, or a commission. The county commissioners may prescribe by resolution additional qualifications for membership.
(13) A person may be removed from an administrative board, a district board, or a commission for cause by the county commissioners or as provided by resolution.
(14) A resolution creating an administrative board, a district board, or a commission must contain, if applicable, budgeting and accounting requirements for which the administrative board, district board, or commission is accountable to the county commissioners.
(15) If a municipality creates a special district in accordance with Title 7, chapter 11, part 10, the governing body of the municipality shall comply with this section if the governing body chooses to have the special district governed by a separate board.
History: En. Sec. 1, Ch. 543, L. 1995; amd. Sec. 1, Ch. 254, L. 1999; amd. Sec. 22, Ch. 286, L. 2009; amd. Sec. 16, Ch. 49, L. 2015; amd. Sec. 2, Ch. 307, L. 2017; amd. Sec. 1, Ch. 372, L. 2017.