reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 22. County Officers in General › 7-4-2221. Manner of keeping records and storing documents

7-4-2221. Manner of keeping records and storing documents.
Whenever any officer of any county is required or authorized by law to record, copy, file, recopy, or replace any document, plat, paper, written instrument, or book on file or of record in the officer's office, the officer may do so by photographic, micrographic, electronic, or other mechanical process that produces a clear, accurate, and permanent copy or reproduction of the original document, plat, paper, written instrument, or record in accordance with standards not less than those now approved for permanent records by national standards.
History: (1)En. Sec. 1, Ch. 117, L. 1959; Sec. 16-2428, R.C.M. 1947; (2)En. Sec. 4411, Pol. C. 1895; re-en. Sec. 3032, Rev. C. 1907; amd. Sec. 1, Ch. 68, L. 1917; re-en. Sec. 4796, R.C.M. 1921; Cal. Pol. C. Sec. 4235; re-en. Sec. 4796, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1945; amd. Sec. 1, Ch. 218, L. 1971; amd. Sec. 1, Ch. 199, L. 1975; amd. Sec. 19, Ch. 293, L. 1975; Sec. 16-2902, R.C.M. 1947; R.C.M. 1947, 16-2428, 16-2902(part); amd. Sec. 7, Ch. 420, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 22. County Officers in General › 7-4-2222. Substitution of reproduction for original document

7-4-2222. Substitution of reproduction for original document.
(1) Any document, plat, paper, written instrument, or book reproduced as provided in 7-4-2221 may be disposed of or destroyed pursuant to the requirements of 2-6-1012 and Title 2, chapter 6, part 12, and the reproductions may be substituted as public records.
(2) A reproduction of any record destroyed or disposed of as authorized in this section or a certified copy of the reproduction is admissible as evidence in any court or proceeding and has the same force and effect as though the original record had been produced and proved.
(3) The custodian of the records shall prepare enlarged typed or photographic copies of the records whenever their production is required by law.
History: (1)En. Sec. 2, Ch. 117, L. 1959; Sec. 16-2429, R.C.M. 1947; (2), (3)En. Sec. 3, Ch. 117, L. 1959; Sec. 16-2430, R.C.M. 1947; R.C.M. 1947, 16-2429, 16-2430; amd. Sec. 8, Ch. 420, L. 1993; amd. Sec. 1, Ch. 94, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 22. County Officers in General › 7-4-2223. Duplicate records -- safe storage of one copy

7-4-2223. Duplicate records -- safe storage of one copy.
(1) Whenever any record or document is copied or reproduced as provided in 7-4-2221, it must be made in duplicate.
(2) The custodian of the record or document shall place the master copy, the contents of the copy being first identified and indexed, in a fireproof vault or fireproof storage place. The custodian shall retain the other copy in the office with suitable equipment for reproducing the record or document for persons entitled to the record or document.
History: En. Sec. 4, Ch. 117, L. 1959; R.C.M. 1947, 16-2431; amd. Sec. 9, Ch. 420, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2301. Authorization to consolidate county offices

7-4-2301. Authorization to consolidate county offices.
(1) Except as provided in subsection (2), the board of county commissioners of any county may in its discretion consolidate any two or more of the offices named in 7-4-2203 and combine the powers and the duties of the consolidated offices.
(2) The office of the justice of the peace may not be combined or consolidated with any other office other than another justice of the peace office.
History: En. Sec. 4315, Pol. C. 1895; re-en. Sec. 2960, Rev. C. 1907; re-en. Sec. 4728, R.C.M. 1921; Cal. Pol. C. Sec. 4109; re-en. Sec. 4728, R.C.M. 1935; amd. Sec. 1, Ch. 134, L. 1939; amd. Sec. 16, Ch. 123, L. 1973; amd. Sec. 1, Ch. 129, L. 1973; amd. Sec. 12, Ch. 491, L. 1973; amd. Sec. 3, Ch. 253, L. 1975; R.C.M. 1947, 16-2406(part); amd. Sec. 4, Ch. 443, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2302. Petition for consolidation of county offices

7-4-2302. Petition for consolidation of county offices.
(1) At any time not later than 45 days before the date on which declarations for nomination may first be filed for any county office, a petition in writing may be filed with the board of county commissioners of a county asking for the consolidation of any two or more of said offices by the board of such county.
(2) The petition shall be signed by not less than 15% of the registered electors of such county.
History: En. Sec. 1, Ch. 125, L. 1935; re-en. Sec. 4749.1, R.C.M. 1935; amd. Sec. 7, Ch. 100, L. 1973; amd. Sec. 1, Ch. 458, L. 1973; R.C.M. 1947, 16-2501(part); amd. Sec. 1, Ch. 101, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2303. Petition for intercounty consolidation of offices

7-4-2303. Petition for intercounty consolidation of offices.
(1) A written petition may also be filed with the boards of county commissioners of counties asking for consolidation of any two or more offices among several counties.
(2) In the case of consolidation of offices among several counties, the petition shall be signed by not less than 15% of the registered electors in each of the counties affected.
History: En. Sec. 1, Ch. 125, L. 1935; re-en. Sec. 4749.1, R.C.M. 1935; amd. Sec. 7, Ch. 100, L. 1973; amd. Sec. 1, Ch. 458, L. 1973; R.C.M. 1947, 16-2501(part); amd. Sec. 2, Ch. 101, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2304. Petition details

7-4-2304. Petition details.
(1) A petition for consolidation of offices must be addressed to the board or boards of county commissioners of the counties affected and must set forth and state the reasons why the consolidation is believed by the petitioners to be necessary or desirable or for the best interests of the county taxpayers.
(2) Each person signing the petition shall place the person's printed last name, post-office address, and voting precinct after the signature.
(3) For purposes of determining the number of signatures needed on a petition to meet the percentage requirements of this part, the number of electors must be the number of individuals registered to vote at the preceding general election for the county.
History: En. Sec. 1, Ch. 125, L. 1935; re-en. Sec. 4749.1, R.C.M. 1935; amd. Sec. 7, Ch. 100, L. 1973; amd. Sec. 1, Ch. 458, L. 1973; R.C.M. 1947, 16-2501(part); amd. Sec. 3, Ch. 101, L. 1987; amd. Sec. 410, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2305. Initiation of consolidation by county commissioners

7-4-2305. Initiation of consolidation by county commissioners.
(1) The board or boards of county commissioners may initiate the consolidation of county offices under the procedure set forth in this part. Any board or boards desiring to consolidate any two or more offices or any two or more offices among several counties under the provisions of this part shall first pass a resolution stating the intent of the board or boards to consider consolidation.
(2) Nothing contained herein shall be deemed as limiting in any manner the discretion of the county commissioners to consolidate the several offices without the filing of the petition provided for in this part.
History: (1)En. 16-2501.1 by Sec. 2, Ch. 458, L. 1973; Sec. 16-2501.1, R.C.M. 1947; (2)En. Sec. 4, Ch. 125, L. 1935; re-en. Sec. 4749.4, R.C.M. 1935; amd. Sec. 8, Ch. 100, L. 1973; Sec. 16-2504, R.C.M. 1947; R.C.M. 1947, 16-2501.1, 16-2504.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2306. Processing of petition -- resolution of intent and hearing

7-4-2306. Processing of petition -- resolution of intent and hearing.
(1) Upon the filing of a petition for consolidation, the board or boards of county commissioners shall cause the county clerk or clerks to examine the petition and the registration records of the county or counties.
(2) If after such examination the county clerk or clerks report to the board or boards of county commissioners that the petition has been signed by not less than 15% of the registered electors of the county, the board or boards shall set a date for a hearing and pass a resolution of intent to consider the consolidation. Upon passage of the resolution of intent by the board or boards, proper notice shall be given for the hearing. The date for the hearing may not be more than 20 days after the filing of the petition or the passage of the resolution of intent.
History: En. Sec. 2, Ch. 125, L. 1935; re-en. Sec. 4749.2, R.C.M. 1935; amd. Sec. 3, Ch. 458, L. 1973; R.C.M. 1947, 16-2502(part); amd. Sec. 5, Ch. 443, L. 1979; amd. Sec. 4, Ch. 101, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2307. Notice of hearing

7-4-2307. Notice of hearing.
The county clerk or clerks shall cause notice of the hearing required by 7-4-2306 to be published as provided in 7-1-2121.
History: En. Sec. 2, Ch. 125, L. 1935; re-en. Sec. 4749.2, R.C.M. 1935; amd. Sec. 3, Ch. 458, L. 1973; R.C.M. 1947, 16-2502(part); amd. Sec. 5, Ch. 349, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2308. Joint hearings

7-4-2308. Joint hearings.
Nothing herein shall prevent the boards of county commissioners in counties affected by intercounty consolidation from holding joint hearings, provided the proper notice is given in each of the counties affected as set forth in 7-4-2306 and 7-4-2307.
History: En. 16-2502.1 by Sec. 4, Ch. 458, L. 1973; R.C.M. 1947, 16-2502.1.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2309. Conduct of hearing -- decision

7-4-2309. Conduct of hearing -- decision.
(1) At the time designated in said notice, the county commissioners shall proceed to hear said petition and the evidence for or against the same. Any registered elector of the county affected shall have the right to appear and be heard upon said petition, subject, however, to the right of the county commissioners to limit cumulative testimony and to prevent the undue prolonging of said hearing.
(2) Within 5 days after the date set for said hearing, the board or boards of county commissioners shall make such order in relation to the consolidation of said offices as they shall deem proper. Such order must be made at least 7 days before the date on which declarations for nomination may first be filed for any county office.
History: En. Sec. 3, Ch. 125, L. 1935; re-en. Sec. 4749.3, R.C.M. 1935; amd. Sec. 5, Ch. 458, L. 1973; R.C.M. 1947, 16-2503; amd. Sec. 5, Ch. 101, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2310. Order for consolidation of offices

7-4-2310. Order for consolidation of offices.
(1) In consolidating county offices, the board of county commissioners shall, not less than 7 days before the date on which declarations for nomination may first be filed for any office to be consolidated or not less than 6 months prior to the appointment to the offices to be consolidated, make and enter an order combining any two or more of the within-named offices.
(2) Whenever an order consolidating two or more offices is made, the order shall be entered in full on the board's minutes of proceedings.
(3) The order shall be published in a newspaper of general circulation, printed and published in the county or counties affected, for a period of 2 successive weeks following the date of the making and entering of the order.
History: Ap. p. Sec. 4315, Pol. C. 1895; re-en. Sec. 2960, Rev. C. 1907; re-en. Sec. 4728, R.C.M. 1921; Cal. Pol. C. Sec. 4109; re-en. Sec. 4728, R.C.M. 1935; amd. Sec. 1, Ch. 134, L. 1939; amd. Sec. 16, Ch. 123, L. 1973; amd. Sec. 1, Ch. 129, L. 1973; amd. Sec. 12, Ch. 491, L. 1973; amd. Sec. 3, Ch. 253, L. 1975; Sec. 16-2406, R.C.M. 1947; Ap. p. Sec. 5, Ch. 125, L. 1935; re-en. Sec. 4749.5, R.C.M. 1935; amd. Sec. 9, Ch. 100, L. 1973; amd. Sec. 6, Ch. 458, L. 1973; Sec. 16-2505, R.C.M. 1947; R.C.M. 1947, 16-2406(part), 16-2505; amd. Sec. 6, Ch. 443, L. 1979; amd. Sec. 6, Ch. 101, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2311. Implementation of consolidation order

7-4-2311. Implementation of consolidation order.
(1) Whenever any such order is made consolidating two or more of such offices, it shall be the duty of the officers holding and occupying such offices, at the end of their terms of office, to deliver and transfer to their successor or successors all of the books, files, papers, documents, maps, plats, and records of such offices.
(2) The officer or officers receiving the same shall make and deliver proper receipts therefor and shall thereafter:
(a) be the custodian or custodians of such books, files, papers, documents, maps, plats, and records;
(b) perform all of the duties and acts imposed on such consolidated offices as required of them by law; and
(c) make and execute, with full legal force and effect, all certificates, official statements, official reports, affidavits, and other instruments required to be made by the laws of this state by either or any of the officers whose offices have been so consolidated.
(3) If the laws of this state or the rules, regulations, orders, or directions of any officer or department of the state shall require each of two offices which are consolidated to keep duplicate or similar records, books, or accounts, after such consolidation, such consolidated office shall keep but one set of such records, books, or accounts.
History: En. Sec. 6, Ch. 125, L. 1935; re-en. Sec. 4749.6, R.C.M. 1935; R.C.M. 1947, 16-2506.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2312. Salary and bond of officer following consolidation

7-4-2312. Salary and bond of officer following consolidation.
(1) (a) When two or more offices are consolidated under a single officer, the officer must receive a salary determined by the board or boards of county commissioners. However, the salary may not be more than 20% higher than the highest salary provided by law to be paid to any officer whose duties the officer is required to perform by reason of the consolidations.
(b) The board or boards shall, in conjunction with setting elected officials' salaries as provided in 7-4-2503, adopt a resolution fixing the percentage adjustment of the salary of the officer holding the consolidated office for the term beginning January 1 immediately following the adoption of the resolution. The board shall adopt the resolution for the subsequent term of the consolidated office prior to the first day of candidate filing for that term.
(2) The officer shall give a bond in an amount equal to the highest bond required by law of any officer whose duties the officer is required to perform by reason of the consolidation of offices.
History: En. Sec. 7, Ch. 125, L. 1935; re-en. Sec. 4749.7, R.C.M. 1935; amd. Sec. 1, Ch. 107, L. 1937; amd. Sec. 1, Ch. 104, L. 1941; amd. Sec. 7, Ch. 458, L. 1973; R.C.M. 1947, 16-2507(part); amd. Sec. 411, Ch. 61, L. 2007; amd. Sec. 8, Ch. 291, L. 2009; amd. Sec. 7, Ch. 262, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 23. Consolidation of County Offices › 7-4-2313. Deputies and personnel for consolidated offices

7-4-2313. Deputies and personnel for consolidated offices.
(1) Whenever county offices are consolidated, the officer of the consolidated office may appoint as many deputies as are approved by the board or boards of county commissioners.
(2) The board or boards shall determine the number of deputies, stenographers, and clerks the officers may appoint.
History: En. Sec. 7, Ch. 125, L. 1935; re-en. Sec. 4749.7, R.C.M. 1935; amd. Sec. 1, Ch. 107, L. 1937; amd. Sec. 1, Ch. 104, L. 1941; amd. Sec. 7, Ch. 458, L. 1973; R.C.M. 1947, 16-2507(part); amd. Sec. 7, Ch. 443, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 24. Deputy Officers in General › 7-4-2401. Deputy officers

7-4-2401. Deputy officers.
(1) Each county and township officer, except a justice of the peace and the county assessor, may appoint as many deputies or assistants as may be necessary for the faithful and prompt discharge of the duties of the office. All compensation or salary of any deputy or assistant must be as provided in this code.
(2) The appointment of deputies, clerks, and subordinate officers of counties, districts, and townships must be made in writing and filed in the office of the county clerk and recorder.
History: (1)En. Sec. 4318, Pol. C. 1895; re-en. Sec. 2963, Rev. C. 1907; re-en. Sec. 4731, R.C.M. 1921; Cal. Pol. C. Sec. 4112; re-en. Sec. 4731, R.C.M. 1935; amd. Sec. 2, Ch. 309, L. 1973; Sec. 16-2409, R.C.M. 1947; (2)En. Sec. 4319, Pol. C. 1895; re-en. Sec. 2964, Rev. C. 1907; re-en. Sec. 4732, R.C.M. 1921; Cal. Pol. C. Sec. 4113; re-en. Sec. 4732, R.C.M. 1935; Sec. 16-2410, R.C.M. 1947; R.C.M. 1947, 16-2409, 16-2410; amd. Sec. 7, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 24. Deputy Officers in General › 7-4-2402. Authorization to exceed limitation on number of deputy officers

7-4-2402. Authorization to exceed limitation on number of deputy officers.
The board of county commissioners in each county is hereby authorized to fix and determine the number of county deputy officers and to allow the several county officers to appoint a greater number of deputies than the maximum number allowed by law when, in the judgment of the board, such greater number of deputies is needed for the faithful and prompt discharge of the duties of any county office.
History: Ap. p. Sec. 1, Ch. 178, L. 1907; re-en. Sec. 3123, Rev. C. 1907; re-en. Sec. 4878, R.C.M. 1921; re-en. Sec. 4878, R.C.M. 1935; Sec. 16-3704, R.C.M. 1947; Ap. p. Sec. 2, Ch. 222, L. 1919; amd. Sec. 1, Ch. 204, L. 1921; re-en. Sec. 4874, R.C.M. 1921; amd. Sec. 1, Ch. 82, L. 1923; re-en. Sec. 4874, R.C.M. 1935; amd. Sec. 1, Ch. 87, L. 1943; amd. Sec. 1, Ch. 151, L. 1945; amd. Sec. 1, Ch. 47, L. 1947; amd. Sec. 1, Ch. 136, L. 1951; amd. Sec. 1, Ch. 365, L. 1971; Sec. 25-604, R.C.M. 1947; R.C.M. 1947, 16-3704(part), 25-604(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 24. Deputy Officers in General › 7-4-2403. Official mention of principal officer includes deputies

7-4-2403. Official mention of principal officer includes deputies.
Whenever the official name of any principal officer is used in any law conferring power or imposing duties or liabilities, it includes the officer's deputies.
History: En. Sec. 4320, Pol. C. 1895; re-en. Sec. 2965, Rev. C. 1907; re-en. Sec. 4733, R.C.M. 1921; Cal. Pol. C. Sec. 4114; re-en. Sec. 4733, R.C.M. 1935; R.C.M. 1947, 16-2411; amd. Sec. 412, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 24. Deputy Officers in General › 7-4-2404. Limitation on county officer acting as deputy officer

7-4-2404. Limitation on county officer acting as deputy officer.
No county officer under salary must be appointed or act as deputy of another officer of the same county except in cases where the officer so appointed agrees to act and serve as such deputy without additional compensation.
History: En. Sec. 962, Pol. C. 1895; re-en. Sec. 344, Rev. C. 1907; re-en. Sec. 412, R.C.M. 1921; Cal. Pol. C. Sec. 843; amd. Sec. 1, Ch. 21, L. 1925; re-en. Sec. 412, R.C.M. 1935; R.C.M. 1947, 59-303.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 24. Deputy Officers in General › 7-4-2405. Appointment of deputies in certain counties

7-4-2405. Appointment of deputies in certain counties.
(1) A deputy county officer or deputy designated by a county officer may not be appointed in a county having a taxable valuation of less than $5 million and a population of less than 2,000 unless the appointment, term of service, and compensation is authorized by the board of county commissioners.
(2) The board may not approve any compensation in payment for services of a person appointed by or acting under an elected or appointed officer of the county if the person's appointment has not been authorized by the board as provided in this section.
History: (1)En. Sec. 1, Ch. 168, L. 1941; Sec. 16-3707, R.C.M. 1947; (2)En. Sec. 2, Ch. 168, L. 1941; Sec. 16-3708, R.C.M. 1947; R.C.M. 1947, 16-3707, 16-3708; amd. Sec. 10, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2501. Compensation of county officers

7-4-2501. Compensation of county officers.
(1) The county surveyor (if not receiving a salary under 7-4-2812) and the public administrator may collect and receive for their own use, respectively, for official services, the fees and emoluments prescribed by law.
(2) All other county officers receive salaries.
History: En. Sec. 4592, Pol. C. 1895; re-en. Sec. 3113, Rev. C. 1907; re-en. Sec. 4865, R.C.M. 1921; re-en. Sec. 4865, R.C.M. 1935; R.C.M. 1947, 25-202; amd. Sec. 2, Ch. 371, L. 1979; amd. Sec. 8, Ch. 443, L. 1979; amd. Sec. 4, Ch. 518, L. 1981; amd. Sec. 24, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2504. Salaries to be fixed by resolution -- cost-of-living increments

7-4-2504. Salaries to be fixed by resolution -- cost-of-living increments.
The county governing body shall annually adopt a resolution by the date established in 7-6-4036 to adjust and uniformly fix the salaries of the county treasurer, county clerk, county assessor, county school superintendent, county sheriff, clerk of district court, county auditor (if there is one), justice of the peace, county coroner, and county surveyor (if the surveyor receives a salary) by adding to the annual salary provided for in 7-4-2503(1) a cost-of-living increment based upon the schedule developed and approved by the county compensation board provided for in 7-4-2503(4).
History: En. Sec. 1, Ch. 306, L. 1973; R.C.M. 1947, 25-609.1; amd. Sec. 10, Ch. 443, L. 1979; amd. Sec. 2, Ch. 459, L. 1979; amd. Sec. 3, Ch. 518, L. 1981; amd. Sec. 25, Ch. 575, L. 1981; amd. Sec. 5, Ch. 12, Sp. L. June 1986; amd. Sec. 2, Ch. 257, L. 1989; amd. Sec. 2, Ch. 505, L. 1989; amd. Sec. 3, Ch. 527, L. 1991; amd. Sec. 11, Ch. 10, L. 1993; amd. Sec. 2, Ch. 230, L. 1995; amd. Sec. 2, Ch. 233, L. 1995; amd. sec. 36, Ch. 308, L. 1995; amd. Sec. 4, Ch. 507, L. 2001; amd. Sec. 10, Ch. 291, L. 2009; amd. Sec. 1, Ch. 62, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2505. Amount of compensation for deputies and assistants

7-4-2505. Amount of compensation for deputies and assistants.
(1) Subject to subsection (2), the boards of county commissioners in the several counties in the state shall fix the compensation allowed any deputy or assistant of the following officers:
(a) clerk and recorder;
(b) clerk of the district court;
(c) treasurer;
(d) county attorney;
(e) auditor.
(2) (a) The salary of a deputy or an assistant listed in subsection (1), other than a deputy county attorney, may not be more than 90% of the salary of the officer under whom the deputy or assistant is serving. The salary of a deputy county attorney, including longevity payments provided in 7-4-2503(3)(c), may not exceed the salary of the county attorney under whom the deputy is serving.
(b) If a deputy or assistant is employed for a period of less than 1 year, the compensation of the deputy or assistant must be for the time employed and the rate of compensation may not be in excess of the rates provided by law for similar deputies and assistants.
History: Ap. p. Sec. 2, Ch. 222, L. 1919; amd. Sec. 1, Ch. 204, L. 1921; re-en. Sec. 4874, R.C.M. 1921; amd. Sec. 1, Ch. 82, L. 1923; re-en. Sec. 4874, R.C.M. 1935; amd. Sec. 1, Ch. 87, L. 1943; amd. Sec. 1, Ch. 151, L. 1945; amd. Sec. 1, Ch. 47, L. 1947; amd. Sec. 1, Ch. 136, L. 1951; amd. Sec. 1, Ch. 365, L. 1971; Sec. 25-604, R.C.M. 1947; Ap. p. Sec. 1, Ch. 61, L. 1925; re-en. Sec. 2001.1, R.C.M. 1935; amd. Sec. 1, Ch. 100, L. 1939; amd. Sec. 2, Ch. 405, L. 1973; amd. Sec. 49, Ch. 566, L. 1977; Sec. 84-402, R.C.M. 1947; R.C.M. 1947, 25-604(part), 84-402(part); amd. Sec. 1, Ch. 603, L. 1981; amd. Sec. 4, Ch. 719, L. 1985; amd. Sec. 8, Ch. 27, Sp. L. November 1993; amd. Sec. 11, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2506. Repealed

7-4-2506. Repealed.
Sec. 1, Ch. 114, L. 1999.
History: En. Sec. 4610, Pol. C. 1895; re-en. Sec. 3143, Rev. C. 1907; re-en. Sec. 4891, R.C.M. 1921; re-en. Sec. 4891, R.C.M. 1935; R.C.M. 1947, 25-207.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2507. Deputy sheriff and undersheriff provisions -- construction

7-4-2507. Deputy sheriff and undersheriff provisions -- construction.
If there is a conflict between 7-4-2508 through 7-4-2510 and any other law, 7-4-2508 through 7-4-2510 govern with respect to undersheriffs and deputy sheriffs.
History: En. Sec. 7, Ch. 603, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2508. Compensation of undersheriff and deputy sheriff -- definitions

7-4-2508. Compensation of undersheriff and deputy sheriff -- definitions.
(1) The sheriff shall fix the compensation of the undersheriff at 98% of the salary of that sheriff.
(2) (a) The sheriff shall fix the compensation of the deputy sheriff based upon a percentage of the salary of that sheriff according to the following schedule:
In counties with population of:
Below 15,000
85% to 95%
15,000 to 29,999
76% to 95%
30,000 to 74,999
74% to 95%
75,000 and over
72% to 95%
(b) The sheriff shall adjust the compensation of the deputy sheriff within the range prescribed in subsection (2)(a) according to a rank structure in the office.
(3) For purposes of this section, the following definitions apply:
(a) "Compensation" means the base rate of pay and does not mean longevity payments or payments for hours worked overtime.
(b) "Salary of that sheriff" means the total salary provided for in 7-4-2503(1), (2)(b), and (2)(c).
History: En. Sec. 2, Ch. 603, L. 1981; amd. Sec. 4, Ch. 36, L. 2005; amd. Sec. 2, Ch. 302, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2509. Sheriff's office -- work period in lieu of workweek -- overtime compensation

7-4-2509. Sheriff's office -- work period in lieu of workweek -- overtime compensation.
(1) (a) A sheriff's office may establish a work period other than the workweek provided in 39-3-405 or 7-32-2111 for determining when an employee may be paid overtime.
(b) The aggregate of all work periods in a year, when expressed in hours, may not exceed 2,080 hours.
(2) The board of county commissioners may by resolution establish that any undersheriff or deputy sheriff who works in excess of the regularly scheduled work period will be compensated for the hours worked in excess of the work period at a rate to be determined by that board of county commissioners.
History: En. Secs. 3, 4, Ch. 603, L. 1981; amd. Sec. 5, Ch. 36, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2510. Sheriff's office -- longevity payments

7-4-2510. Sheriff's office -- longevity payments.
Beginning on the date of the deputy sheriff's or undersheriff's first anniversary of employment with the office and adjusted annually, a deputy sheriff or undersheriff is entitled to receive a longevity payment amounting to 1% of the minimum base annual salary for each year of service with the office. This payment must be made in equal monthly installments. The payment, nonpayment, increase, lack of increase, or decrease of the discretionary salary under 7-4-2503(2)(c) has no impact on the longevity payment.
History: En. Sec. 5, Ch. 603, L. 1981; amd. Sec. 6, Ch. 12, Sp. L. June 1986; amd. Sec. 6, Ch. 36, L. 2005; amd. Sec. 3, Ch. 302, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2511. Collection and disposal of fees

7-4-2511. Collection and disposal of fees.
(1) Each salaried county officer shall charge and collect for the use of the county and pay into the county treasury by the 10th day in each month all fees allowed by law, paid or chargeable in all cases, except as provided in 25-10-403. This subsection does not apply to the compensation received by the sheriff as mileage while in the performance of official duties or for the board of prisoners or other persons while in the sheriff's custody.
(2) A salaried county officer may not receive for the officer's own use any fees, penalties, or emoluments of any kind, except the salary as provided by law, for any official service rendered. Unless otherwise provided, all fees, penalties, and emoluments of every kind collected by a salaried county officer are for the sole use of the county and must be accounted for and paid to the county treasurer as provided by subsection (1) and credited to the general fund of the county.
History: (1)En. Sec. 4606, Pol. C. 1895; re-en. Sec. 3139, Rev. C. 1907; re-en. Sec. 4887, R.C.M. 1921; re-en. Sec. 4887, R.C.M. 1935; Sec. 25-203, R.C.M. 1947; (2)En. Sec. 4591, Pol. C. 1895; re-en. Sec. 3112, Rev. C. 1907; re-en. Sec. 4864, R.C.M. 1921; amd. Sec. 3, Ch. 141, L. 1925; re-en. Sec. 4864, R.C.M. 1935; Sec. 25-201, R.C.M. 1947; R.C.M. 1947, 25-201, 25-203; amd. Sec. 11, Ch. 443, L. 1979; amd. Sec. 1, Ch. 88, L. 1987; amd. Sec. 413, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2512. Statement and affidavit of fees collected

7-4-2512. Statement and affidavit of fees collected.
(1) The fees and compensation collected and chargeable for the use of the county in each month must be paid to the county treasurer by the 10th day of the following month and must be accompanied by a statement and copy of the fee book for the preceding month, verified by the officer making the payment.
(2) The affidavit must be in the following form:
State of Montana
County of ..........
I, ........., of the county of .........., do swear that the fee book in my office contains a true statement in detail of all fees and compensations of every kind and nature for official services rendered by me, paid or chargeable, or by my deputies or assistants for the month of .........., 20..., and that this fee book shows the full amount received or chargeable in that month and since my last monthly payment; that neither myself nor, to my knowledge or belief, any of my deputies or assistants have rendered any official service, except for the county or state, that is not fully set out in this fee book; and that the foregoing statement is a correct copy of the statement.
......................... (Signature)
Subscribed and sworn to before me this ..... day of .........., 20...
Seal........... (Person authorized to take oaths)
.............. (Title or notarial information)
History: En. Sec. 4607, Pol. C. 1895; re-en. Sec. 3140, Rev. C. 1907; re-en. Sec. 4888, R.C.M. 1921; re-en. Sec. 4888, R.C.M. 1935; R.C.M. 1947, 25-204; amd. Sec. 12, Ch. 443, L. 1979; amd. Sec. 2, Ch. 88, L. 1987; amd. Sec. 10, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2513. Filing of statements and affidavits

7-4-2513. Filing of statements and affidavits.
The treasurer shall file and preserve in the treasurer's office the statements and affidavits provided for in 7-4-2512 and shall issue to the officer one original and one duplicate receipt for the statements and affidavits. The officer receiving the receipts must preserve one in the officer's office and file the duplicate with the county clerk, who shall charge the treasurer with the amount shown by the receipt.
History: En. Sec. 4608, Pol. C. 1895; re-en. Sec. 3141, Rev. C. 1907; re-en. Sec. 4889, R.C.M. 1921; re-en. Sec. 4889, R.C.M. 1935; R.C.M. 1947, 25-205; amd. Sec. 414, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2514. Filing required to receive salary

7-4-2514. Filing required to receive salary.
The board of county commissioners may not order the payment of the salary of any officer until the officer has filed the duplicate receipt with the county clerk, properly signed by the treasurer, showing that the officer has made the statement and settlement for that month as required in this part.
History: En. Sec. 4609, Pol. C. 1895; re-en. Sec. 3142, Rev. C. 1907; re-en. Sec. 4890, R.C.M. 1921; re-en. Sec. 4890, R.C.M. 1935; R.C.M 1947, 25-206; amd. Sec. 46, Ch. 278, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2515. Fees to be paid in advance

7-4-2515. Fees to be paid in advance.
(1) The officers mentioned in this chapter may not perform any official services unless the fees prescribed for the services are paid in advance. On payment, the officers shall perform the services required. For every failure or refusal to perform the official duty when the fees are tendered, the officer is liable on the officer's official bond.
(2) The county clerk is not bound to record any instrument, file any paper or notice, furnish any copies, or render any service connected with the office until the fee for the recording or the service as prescribed by law is, if demanded, paid or tendered.
(3) When any publication is required by law to be made by an officer of any suit, process, notice, order, or other paper, the costs of the publication must be first tendered by the party, if demanded, for whom the order of publication was granted before the officer is compelled to make the publication.
History: (1)En. Sec. 4611, Pol. C. 1895; re-en. Sec. 3144, Rev. C. 1907; re-en. Sec. 4892, R.C.M. 1921; re-en. Sec. 4892, R.C.M. 1935; Sec. 25-208, R.C.M. 1947; (2)En. Sec. 4422, Pol. C. 1895; re-en. Sec. 3043, Rev. C. 1907; re-en. Sec. 4809, R.C.M. 1921; Cal. Pol. C. Sec. 4245; re-en. Sec. 4809, R.C.M. 1935; Sec. 16-2915, R.C.M. 1947; (3)En. Sec. 4617, Pol. C. 1895; re-en. Sec. 3150, Rev. C. 1907; re-en. Sec. 4898, R.C.M. 1921; re-en. Sec. 4898, R.C.M. 1935; Sec. 25-214, R.C.M. 1947; R.C.M. 1947, 16-2915, 25-208, 25-214; amd. Sec. 415, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2516. Fees not required in certain cases

7-4-2516. Fees not required in certain cases.
No fees must be charged the state, any county, or any subdivision thereof, any public officer acting therefor, or in habeas corpus proceedings for official services rendered, and all such services must be performed without the payment of fees, except the fees under 25-1-201(1)(d) and (1)(r).
History: En. Sec. 4612, Pol. C. 1895; re-en. Sec. 3145, Rev. C. 1907; re-en. Sec. 4893, R.C.M. 1921; re-en. Sec. 4893, R.C.M. 1935; R.C.M. 1947, 25-209; amd. Sec. 1, Ch. 344, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2517. Itemized receipt for fees

7-4-2517. Itemized receipt for fees.
Every officer, upon receiving any fees for official duty or service, may be required by the person paying the fee to make and deliver to the person a written account of the fees, specifying for what they accrued, respectively, and shall issue a receipt for the fee. If the officer refuses or neglects to issue an account and a receipt when required, the officer is liable to the party paying the fee in treble the amount paid.
History: En. Sec. 4614, Pol. C. 1895; re-en. Sec. 3147, Rev. C. 1907; re-en. Sec. 4895, R.C.M. 1921; re-en. Sec. 4895, R.C.M. 1935; R.C.M. 1947, 25-211; amd. Sec. 416, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2518. Statement of fees to be posted

7-4-2518. Statement of fees to be posted.
(1) It is the duty of each officer entitled to collect fees to keep posted in the office a plain and legible statement of the fees allowed by law.
(2) A failure to do so subjects the officer to a fine of $100 and costs, to be recovered by the county attorney in the name of the state.
History: En. Sec. 4615, Pol. C. 1895; re-en. Sec. 3148, Rev. C. 1907; re-en. Sec. 4896, R.C.M. 1921; re-en. Sec. 4896, R.C.M. 1935; R.C.M. 1947, 25-212; amd. Sec. 417, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2519. Prohibition upon receiving other fees

7-4-2519. Prohibition upon receiving other fees.
The officers named above may receive no other fees for any services performed by them in any action or proceeding or for the performance of any service for which fees are allowed, and the party demanding or receiving any fees not herein allowed is liable to refund the same to the party aggrieved, with treble the amount as damages, in addition to the cost of suit.
History: En. Sec. 4616, Pol. C. 1895; re-en. Sec. 3149, Rev. C. 1907; re-en. Sec. 4897, R.C.M. 1921; re-en. Sec. 4897, R.C.M. 1935; R.C.M. 1947, 25-213; amd. Sec. 13, Ch. 443, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2520. Misconduct concerning official fees to result in vacancy of office

7-4-2520. Misconduct concerning official fees to result in vacancy of office.
Upon receiving a certified copy of the record of conviction of any officer for receiving illegal fees or upon proof that the officer collected fees and failed to account for the fees, the board of county commissioners must declare the office vacant and appoint a successor.
History: En. Sec. 4629, Pol. C. 1895; re-en. Sec. 3162, Rev. C. 1907; re-en. Sec. 4911, R.C.M. 1921; re-en. Sec. 4911, R.C.M. 1935; R.C.M. 1947, 25-230; amd. Sec. 418, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2521. Designation of person to receive decedent's warrants or paychecks -- reissuance

7-4-2521. Designation of person to receive decedent's warrants or paychecks -- reissuance.
Any person employed by a county 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 county clerk, and on sufficient proof of identity, the county 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. 1, Ch. 113, L. 1983; amd. Sec. 419, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 25. Compensation and Official Fees › 7-4-2525. Fees of sheriff to be fixed by resolution

7-4-2525. Fees of sheriff to be fixed by resolution.
(1) The county governing body may annually, by resolution pursuant to 7-6-4013, fix the fees of the sheriff for services provided in 7-32-2141 and for other services.
(2) Fees for services provided under 7-32-2141 must be based upon the prevailing rate charged by private process servers in the county for similar services.
(3) Fees collected under this section must be paid and credited as provided in 7-32-2141.
History: En. Sec. 1, Ch. 372, L. 1989; amd. Sec. 11, Ch. 291, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2601. Limitation on number of deputy county clerks

7-4-2601. Limitation on number of deputy county clerks.
The number of deputies allowed the county clerk may not exceed:
(1) six in counties having a taxable valuation of $30 million or more;
(2) three in counties having a taxable valuation of $20 million or more and less than $30 million;
(3) two in counties having a taxable valuation of $10 million or more and less than $20 million;
(4) one in counties having a taxable valuation of less than $10 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. 11, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2602. Designation of chief deputy by county clerk

7-4-2602. Designation of chief deputy by county clerk.
The county clerk may designate a deputy clerk as chief deputy clerk.
History: En. Sec. 1, Ch. 53, L. 1909; re-en. Sec. 4876, R.C.M. 1921; re-en. Sec. 4876, R.C.M. 1935; R.C.M. 1947, 16-3702; amd. Sec. 420, Ch. 61, L. 2007; amd. Sec. 12, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2612. Books for recording documents

7-4-2612. Books for recording documents.
The county clerk, as ex officio recorder, shall procure books or other recording materials for records that the business of the office requires, but orders for the books or materials must first be obtained from the board of county commissioners.
History: En. Sec. 4410, Pol. C. 1895; re-en. Sec. 3031, Rev. C. 1907; re-en. Sec. 4795, R.C.M. 1921; Cal. Pol. C. Sec. 4234; re-en. Sec. 4795, R.C.M. 1935; R.C.M. 1947, 16-2901(part); amd. Sec. 10, Ch. 420, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2614. Records of discharge from military service

7-4-2614. Records of discharge from military service.
(1) It is the duty of the county clerk of any county of this state to record, without charge and in a book kept for that purpose, the document of discharge of an honorably discharged person who served with the United States forces upon that person's request. It is not the clerk's duty to file the document.
(2) A record of a military discharge is confidential information as defined in 2-6-1002 and is protected from disclosure, except as provided in this section. A military discharge document may be disclosed only to:
(a) the service member for whom the document was recorded;
(b) if the service member is deceased, the next of kin of the service member or a mortuary, as defined in 10-2-111, for the purposes of securing the burial benefits to which the service member is entitled;
(c) a veterans' service officer or a veterans' service organization, as defined in 10-2-111;
(d) the veterans' affairs division of the Montana department of military affairs;
(e) any person with written authorization from the service member or from the next of kin of the service member, if the service member is deceased; or
(f) a person who presents a written request for a military discharge document with a discharge date that is 62 years or more prior to the date on which the request is made and that is a public record under 5 U.S.C. 552a and implementing federal regulations. However, if the military discharge document contains a social security number, that number must be redacted before the document is released.
(3) If an original discharge document was inadvertently filed and the county clerk still retains the document in its original form, upon the written request of the service member or of the service member's next of kin if the service member is deceased, the clerk shall return the filed document to the service member or to the service member's next of kin if the service member is deceased.
(4) For purposes of this section:
(a) "file" means to store in original form; and
(b) "record" means to make and keep a copy from which a certified original copy can be reproduced.
History: En. Sec. 2, Ch. 211, L. 1921; re-en. Sec. 5654, R.C.M. 1921; re-en. Sec. 5654, R.C.M. 1935; amd. Sec. 1, Ch. 54, L. 1943; Sec. 77-801, R.C.M. 1947; amd. and redes. 16-2927 by Sec. 3, Ch. 94, L. 1974; R.C.M. 1947, 16-2927; amd. Sec. 2, Ch. 116, L. 2003; amd. Sec. 1, Ch. 165, L. 2005; amd. Sec. 34, Ch. 348, L. 2015; amd. Sec. 2, Ch. 311, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2615. Records of water users' associations

7-4-2615. Records of water users' associations.
In each county where water users' associations organized in conformity with the federal reclamation laws of the United States exist, the county commissioners are required to furnish the county recorder with books for the proper recording of stock subscriptions, contracts, articles of incorporation, and stock certificates of such associations, containing printed blank forms of the stock subscriptions, contracts, articles of incorporation, and stock certificates. The forms are to be prepared by the attorney general and used by the county recorder for the recording of all such stock subscriptions, contracts, articles of incorporation, and stock certificates.
History: En. Sec. 1, Ch. 68, L. 1909; re-en. Sec. 4467, R.C.M. 1921; re-en. Sec. 4467, R.C.M. 1935; R.C.M. 1947, 16-1101(part); amd. Sec. 15, Ch. 443, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 26. Office of County Clerk › 7-4-2616. Map book

7-4-2616. Map book.
The county clerk shall keep a well-bound book containing maps of towns, villages, or additions to the towns or villages within the county, together with the description, acknowledgment, or other writing on the maps.
History: En. Sec. 4416, Pol. C. 1895; re-en. Sec. 3037, Rev. C. 1907; re-en. Sec. 4803, R.C.M. 1921; re-en. Sec. 4803, R.C.M. 1935; R.C.M. 1947, 16-2909; amd. Sec. 421, Ch. 61, L. 2007.