reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4365. Investigations by commission

7-3-4365. Investigations by commission.
(1) The commission or any committee of the commission authorized by the commission to do so may investigate the financial transactions of any office or department of the municipal government and the official acts of any municipal official and by similar investigations may secure information upon any matter.
(2) In conducting investigations, the commission or committee may compel the attendance of witnesses and the production of books, papers, and other evidence and for that purpose may issue subpoenas or attachments, which must be signed by the presiding officer of the commission or the presiding officer of the committee. The subpoenas or attachments may be served and executed by any officer authorized by law to serve subpoenas or other process. A witness may not be excused from testifying concerning the witness's knowledge of the matter under investigation in any inquiry, but the testimony may not be used against the witness in any criminal prosecution except for perjury committed upon the inquiry.
History: En. Sec. 56, Ch. 152, L. 1917; re-en. Sec 5454, R.C.M. 1921; re-en. Sec. 5454, R.C.M. 1935; R.C.M. 1947, 11-3255; amd. Sec. 24, Ch. 262, L. 1979; amd. Sec. 382, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4366. Investigatory powers of city manager

7-3-4366. Investigatory powers of city manager.
The city manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. Any person appointed by the city manager to examine the affairs of any department or the conduct of any officer or employee has the same power to compel the attendance of witnesses and the production of books and papers and other evidence as is conferred upon the commission by this part.
History: En. Sec. 60, Ch. 152, L. 1917; re-en. Sec. 5458, R.C.M. 1921; re-en. Sec. 5458, R.C.M. 1935; R.C.M. 1947, 11-3259; amd. Sec. 25, Ch. 262, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4367. Control of conflict of interest

7-3-4367. Control of conflict of interest.
(1) Commissioners and other officers and employees may not be interested in the profits or emoluments of any contract, job, work, or service for the municipality and may not hold any partisan political office or employment. Any commissioner who ceases to possess any of the qualifications required in this part forfeits the office, and any contract in which any member is or may be interested may be declared void by the commission.
(2) A commissioner or other officer or employee of the city or town may not accept any frank, free ticket, pass, or service, directly or indirectly, from any person, firm, or corporation on terms more favorable than are granted to the public generally. Any violation of the provisions of this section is a misdemeanor and is also sufficient cause for the summary removal or discharge of the offender. The provisions for free service do not apply to police officers or firefighters in uniform or wearing their official badges when the service is provided by ordinance or to any commissioner, the city manager, or the city attorney upon official business or to any other employee or official of the city on official business who exhibits written authority signed by the city manager.
History: En. Sec. 15, Ch. 152, L. 1917; re-en. Sec. 5413, R.C.M. 1921; amd. Sec. 4, Ch. 31, L. 1923; re-en. Sec. 5413, R.C.M. 1935; amd. Sec. 1, Ch. 327, L. 1974; R.C.M. 1947, 11-3214(part); amd. Sec. 383, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4368. Execution of conveyances of real property

7-3-4368. Execution of conveyances of real property.
In all cities operating under the commission-manager form in Montana, the mayor is hereby designated as the proper officer to execute conveyances of real property; however, a majority of the commission may designate the city manager to execute a conveyance. In either case, the authority to act shall be authorized by the passage of a resolution.
History: En. Sec. 1, Ch. 54, L. 1955; R.C.M. 1947, 11-3286.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4369. Appropriation of property for public or municipal purposes

7-3-4369. Appropriation of property for public or municipal purposes.
Property within the corporate limits of the municipality may be appropriated for any public or municipal purpose, and to the full extent of the authority granted by the constitution of the state, such appropriation shall be made as herein provided. By such appropriation, the municipality may acquire a fee simple title or any less estate, easement, or use. Appropriations of property outside of the corporate limits of the municipality shall be made according to the requirements of and as provided by general law.
History: En. Sec. 97, Ch. 152, L. 1917; re-en. Sec. 5495, R.C.M. 1921; re-en. Sec. 5495, R.C.M. 1935; R.C.M. 1947, 11-3311.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4370. Use of county buildings

7-3-4370. Use of county buildings.
Whenever any city organized under this part and part 44 includes the county seat of the county in which it is situated, any unused space in the county buildings in such city may be rented to the city commissioners for municipal use by the board of county commissioners for such rent as shall represent an income of not more than 6% upon the investment in such buildings proportionate to the space rented. Such commissioners may also contract with the board of county commissioners for the performance by county officials or employees of any kind of municipal work which can be feasibly performed by them. The compensation for such work shall be based upon additional cost to the county of its performance, and such compensation shall be paid into the general fund of such county unless otherwise provided by law.
History: En. Sec. 124, Ch. 152, L. 1917 added by Sec. 6, Ch. 44, L. 1919; re-en. Sec. 5520, R.C.M. 1921; re-en. Sec. 5520, R.C.M. 1935; R.C.M. 1947, 11-3336.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4371. Repealed

7-3-4371. Repealed.
Sec. 29, Ch. 458, L. 1997.
History: En. Sec. 105, Ch. 152, L. 1917; re-en. Sec. 5502, R.C.M. 1921; amd. Sec. 17, Ch. 31, L. 1923; amd. Sec. 2, Ch. 173, L. 1925; re-en. Sec. 5502, R.C.M. 1935; amd. Sec. 1, Ch. 99, L. 1941; R.C.M. 1947, 11-3318(part); amd. Sec. 8, Ch. 430, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4372. Repealed

7-3-4372. Repealed.
Sec. 29, Ch. 458, L. 1997.
History: (1)En. Sec. 106, Ch. 152, L. 1917; re-en. Sec. 5503, R.C.M. 1921; amd. Sec. 3, Ch. 173, L. 1925; re-en. Sec. 5503, R.C.M. 1935; amd. Sec. 2, Ch. 99, L. 1941; Sec. 11-3319, R.C.M. 1947; (2)En. Sec. 107, Ch. 152, L. 1917; re-en. Sec. 5504, R.C.M. 1921; re-en. Sec. 5504, R.C.M. 1935; Sec. 11-3320, R.C.M. 1947; R.C.M. 1947, 11-3319, 11-3320; amd. Sec. 9, Ch. 430, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4373. Repealed

7-3-4373. Repealed.
Sec. 29, Ch. 458, L. 1997.
History: (1)En. Sec. 108, Ch. 152, L. 1917; re-en. Sec. 5505, R.C.M. 1921; re-en. Sec. 5505, R.C.M. 1935; Sec. 11-3321, R.C.M. 1947; (2) thru (4)En. Sec. 109, Ch. 152, L. 1917; re-en. Sec. 5506, R.C.M. 1921; re-en. Sec. 5506, R.C.M. 1935; Sec. 11-3322, R.C.M. 1947; (5)En. Sec. 110, Ch. 152, L. 1917; re-en. Sec. 5507, R.C.M. 1921; amd. Sec. 18, Ch. 31, L. 1923; amd. Sec. 4, Ch. 173, L. 1925; re-en. Sec. 5507, R.C.M. 1935; Sec. 11-3323, R.C.M. 1947; R.C.M. 1947, 11-3321, 11-3322, 11-3323(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 43. Municipal Commission-Manager Government › 7-3-4374. Details of public advertising or publication

7-3-4374. Details of public advertising or publication.
All public advertising or publication mentioned as being necessary under the provisions of this part or part 44 shall be in a daily newspaper of general circulation within the municipality if there be such; otherwise, in a weekly newspaper published therein, and shall be done by contract, or in a journal published by the municipality, as may be determined by ordinance. If such contract shall be with a newspaper, it shall be entered into only after opportunity has been given for competition under such rules as the commission may establish and for a term not longer than 1 year.
History: En. Sec. 70, Ch. 152, L. 1917; re-en. Sec. 5468, R.C.M. 1921; re-en. Sec. 5468, R.C.M. 1935; R.C.M. 1947, 11-3269.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4401. Administrative departments

7-3-4401. Administrative departments.
(1) The following administrative departments are hereby established:
(a) department of law;
(b) department of public service;
(c) department of public welfare;
(d) department of public safety;
(e) department of finance.
(2) The commission may by ordinance discontinue any or several departments and determine, combine, and distribute the functions and duties of these departments and subdivisions thereof.
History: En. Sec. 61, Ch. 152, L. 1917; re-en. Sec. 5459, R.C.M. 1921; re-en. Sec. 5459, R.C.M. 1935; R.C.M. 1947, 11-3260.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4402. Appointment of department directors

7-3-4402. Appointment of department directors.
The city manager shall appoint a director for each department, as specified in this part or as specified by ordinance of the commission, who shall serve until removed by the city manager or until the director's successor is appointed and has qualified.
History: En. Sec. 62, Ch. 152, L. 1917; re-en. Sec. 5460, R.C.M. 1921; re-en. Sec. 5460, R.C.M. 1935; R.C.M. 1947, 11-3261(part); amd. Sec. 384, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4403. Role of department director

7-3-4403. Role of department director.
Each director shall conduct the affairs of the director's department in accordance with the rules made by the city manager and is responsible for the conduct of the officers and employees of that department, for the performance of its business, and for the custody and preservation of the books, records, papers, and property under its control. Subject to the supervision and control of the city manager in all matters, the director of each department shall manage the department.
History: En. Sec. 62, Ch. 152, L. 1917; re-en. Sec. 5460, R.C.M. 1921; re-en. Sec. 5460, R.C.M. 1935; R.C.M. 1947, 11-3261(part); amd. Sec. 385, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4404. Appointment of boards

7-3-4404. Appointment of boards.
The commission may appoint a municipal plan board and, upon the request of the city manager, shall appoint advisory boards. The members of such boards shall serve without compensation, and their duty shall be to consult and advise with the various departments. The duties and powers thus created shall be prescribed by ordinance.
History: En. Sec. 63, Ch. 152, L. 1917; re-en. Sec. 5461, R.C.M. 1921; re-en. Sec. 5461, R.C.M. 1935; R.C.M. 1947, 11-3262.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4405. Establishment of civil service board

7-3-4405. Establishment of civil service board.
(1) The commission may appoint three electors of the municipality as a civil service board, with one to serve for 2 years, one for 4 years, and one for 6 years, and to take office on January 1 after the municipality comes under the provisions of part 43 and this part or as soon after that date as appointed and qualified. After the initial appointments, members of the civil service board must be appointed to serve for 6 years and until their successors have been appointed and have qualified. The commission may remove any member of the board upon stating in writing the reasons for removal and allowing the member an opportunity to be heard in the member's own defense. Any vacancy must be filled by the commission for the unexpired term.
(2) Members of the board may not hold any other public office.
(3) It is the intent of this section that the establishment of a civil service board is permissive and not mandatory. If appointed, the board may be abolished at any time upon resolution by the commission and the civil service board appointed under the provisions of this part ceases to exist. However, as long as a civil service board exists, its operations and proceedings must be controlled as provided in this part.
(4) The salaries of the board and its employees must be determined by the commission, and a sufficient sum must be appropriated each year to carry out the civil service provisions of this part.
History: (1) thru (3)En. Sec. 73, Ch. 152, L. 1917; re-en. Sec. 5471, R.C.M. 1921; amd. Sec. 15, Ch. 31, L. 1923; re-en. Sec. 5471, R.C.M. 1935; Sec. 11-3272, R.C.M. 1947; (4)En. Sec. 86, Ch. 152, L. 1917; re-en. Sec. 5484, R.C.M. 1921; re-en. Sec. 5484, R.C.M. 1935; Sec. 11-3285, R.C.M. 1947; R.C.M. 1947, 11-3272(part), 11-3285; amd. Sec. 386, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4406. Organization of board

7-3-4406. Organization of board.
Immediately after appointment, the board shall organize by electing one of its members presiding officer. The board shall appoint a chief examiner, who shall also act as secretary. The board may appoint other subordinates as may be provided for by appropriation.
History: En. Sec. 73, Ch. 152, L. 1917; re-en. Sec. 5471, R.C.M. 1921; amd. Sec. 15, Ch. 31, L. 1923; re-en. Sec. 5471, R.C.M. 1935; R.C.M. 1947, 11-3272(part); amd. Sec. 387, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4407. Classification of civil service

7-3-4407. Classification of civil service.
(1) The civil service of a municipality is hereby divided into the unclassified and the classified service.
(2) The unclassified service shall include:
(a) all officers elected by the people;
(b) the city manager;
(c) the heads of departments and heads of divisions of departments and members of appointive boards;
(d) the deputies and secretaries of the city manager and one assistant or deputy and one secretary for each department and the clerk of the commission.
(3) (a) The classified service shall comprise all positions not specifically included in this section in the unclassified service. There shall be in the classified service three classes, to be known as the competitive class, the noncompetitive class, and the labor class.
(b) The competitive class shall include all positions and employment for which it is practicable to determine the merit and fitness of applicants by competitive examination.
(c) The noncompetitive class shall consist of all positions and employment requiring peculiar and exceptional qualifications of a scientific, managerial, professional, or educational character. No competitive examinations will be given for these positions, but the past achievements of the applicant will be considered.
(d) The labor class shall include ordinary unskilled labor which is employed by the year.
History: En. Sec. 74, Ch. 152, L. 1917; re-en. Sec. 5472, R.C.M. 1921; re-en. Sec. 5472, R.C.M. 1935; R.C.M. 1947, 11-3273.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4408. Role of civil service board

7-3-4408. Role of civil service board.
(1) The board, subject to the approval of the commission, shall adopt, amend, and enforce a code of rules providing for appointment and employment in all positions in the classified service, based on merit, efficiency, character, and industry, which shall have the force and effect of law and shall make investigations concerning the enforcement and effect of this part and part 43 and of the rules adopted. It shall make an annual report to the commission.
(2) The board shall provide for promotion to all positions in the classified service based on records of merit, efficiency, character, conduct, and seniority.
History: (1)En. Sec. 75, Ch. 152, L. 1917; re-en. Sec. 5473, R.C.M. 1921; re-en. Sec. 5473, R.C.M. 1935; Sec. 11-3274, R.C.M. 1947; (2)En. Sec. 77, Ch. 152, L. 1917; re-en. Sec. 5475, R.C.M. 1921; re-en. Sec. 5475, R.C.M. 1935; Sec. 11-3276, R.C.M. 1947; R.C.M. 1947, 11-3274, 11-3276.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4409. Role of chief examiner

7-3-4409. Role of chief examiner.
The chief examiner is the employment officer of all municipal employees coming under the classified service. The chief examiner shall provide examinations in accordance with the regulations of the board and maintain lists of eligibles for each class of the service of those meeting the requirements of the regulations. Positions in the classified service must be filled from the eligible lists upon requisition from and after consultation with the city manager. As positions are filled, the employment officer shall certify the fact, by proper and prescribed form, to the director of finance and the director of the department in which the vacancy exists.
History: En. Sec. 76, Ch. 152, L. 1917; re-en. Sec. 5474, R.C.M. 1921; re-en. Sec. 5474, R.C.M. 1935; R.C.M. 1947, 11-3275; amd. Sec. 388, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4410. Probationary period

7-3-4410. Probationary period.
An appointment or promotion shall not be deemed complete until a period of probation, not to exceed 6 months, has elapsed; and a probationer may be discharged or reduced at any time within the period of 6 months upon the recommendation of the head of the department in which said probationer is employed, with the approval of the majority of the board.
History: En. Sec. 78, Ch. 152, L. 1917; re-en. Sec. 5476, R.C.M. 1921; re-en. Sec. 5476, R.C.M. 1935; R.C.M. 1947, 11-3277.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4411. Procedure for discharge, demotion, or suspension of employee

7-3-4411. Procedure for discharge, demotion, or suspension of employee.
(1) An employee may not be discharged or reduced in rank or compensation until the employee has been presented with the reasons for discharge or reduction, specifically stated in writing, and has been given an opportunity to be heard in the employee's own defense. The reason for discharge or reduction and any reply in writing to the reason by the employee must be filed with the board.
(2) Any employee of any department in the municipality in the classified service who is suspended, reduced in rank, or dismissed from a department by the director of that department or the city manager may appeal from the decision to the civil service board. The board shall define the manner, time, and place in which an appeal is heard. The judgment of the board is final.
History: (1)En. Sec. 79, Ch. 152, L. 1917; re-en. Sec. 5477, R.C.M. 1921; re-en. Sec. 5477, R.C.M. 1935; Sec. 11-3278, R.C.M. 1947; (2)En. Sec. 80, Ch. 152, L. 1917; re-en. Sec. 5478, R.C.M. 1921; re-en. Sec. 5478, R.C.M. 1935; Sec. 11-3279, R.C.M. 1947; R.C.M. 1947, 11-3278, 11-3279; amd. Sec. 389, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4412. Retention of existing positions

7-3-4412. Retention of existing positions.
Any person in the employ of a municipality holding a position in the classified service at the time that the municipality comes under the provisions of part 43 and this part shall, unless the person's position is abolished, retain the same position until discharged, reduced, promoted, or transferred in accordance with part 43 and this part.
History: En. Sec. 81, Ch. 152, L. 1917; re-en. Sec. 5479, R.C.M. 1921; re-en. Sec. 5479, R.C.M. 1935; R.C.M. 1947, 11-3280; amd. Sec. 390, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4413. Certification required to receive salary

7-3-4413. Certification required to receive salary.
The director of finance or other public disbursing officer shall not pay any salary or compensation for services to any person holding a position in the classified service unless the payroll or account for such salary or compensation shall bear the certificate of the board, by its secretary, that the persons named therein have been appointed or employed and are performing service in accordance with the provisions of this part and part 43 or the rules established thereunder.
History: En. Sec. 82, Ch. 152, L. 1917; re-en. Sec. 5480, R.C.M. 1921; re-en. Sec. 5480, R.C.M. 1935; R.C.M. 1947, 11-3281.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4414. Investigatory powers of civil service board

7-3-4414. Investigatory powers of civil service board.
In any investigation conducted by the board, it shall have the power to subpoena and require the attendance of witnesses and the production thereby of books and papers pertinent to the investigation and to administer oaths to such witnesses.
History: En. Sec. 83, Ch. 152, L. 1917; re-en. Sec. 5481, R.C.M. 1921; re-en. Sec. 5481, R.C.M. 1935; R.C.M. 1947, 11-3282.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4415. Prohibition on discrimination in employment

7-3-4415. Prohibition on discrimination in employment.
No person in the classified service or seeking admission thereto may be appointed, reduced, removed, or in any way favored or discriminated against because of political opinions or affiliations or because of race, color, creed, or religion.
History: En. Sec. 84, Ch. 152, L. 1917; re-en. Sec. 5482, R.C.M. 1921; re-en. Sec. 5482, R.C.M. 1935; amd. Sec. 1, Ch. 188, L. 1975; amd. Sec. 1, Ch. 38, L. 1977; R.C.M. 1947, 11-3283.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4416. Violation of civil service provisions

7-3-4416. Violation of civil service provisions.
The board, subject to the approval of the commission, shall by ordinance determine the penalties for the violation of the civil service provisions of this part.
History: En. Sec. 85, Ch. 152, L. 1917; re-en. Sec. 5483, R.C.M. 1921; re-en. Sec. 5483, R.C.M. 1935; R.C.M. 1947, 11-3284.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4417. Fixing compensation

7-3-4417. Fixing compensation.
(1) The commission shall fix, by annual salary ordinance, the salary or compensation of the city manager, the heads of the departments, and its own employees.
(2) The city manager shall fix the number and salaries or compensation of all other officers and employees.
(3) In cities where there is a civil service board as provided for in this part, the salary or compensation so fixed shall be uniform for like service in each grade of the service as the same shall be graded or classified by the city manager in accordance with the rules adopted by the civil service board. All such salaries and rates of pay shall be reported to the secretary of the civil service board.
History: En. Sec. 110, Ch. 152, L. 1917; re-en. Sec. 5507, R.C.M. 1921; amd. Sec. 18, Ch. 31, L. 1923; amd. Sec. 4, Ch. 173, L. 1925; re-en. Sec. 5507, R.C.M. 1935; R.C.M. 1947, 11-3323(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4418. Power to establish eight-hour day

7-3-4418. Power to establish eight-hour day.
The commission shall have the power to provide by ordinance that on any public work carried on by the municipality, whether done by contract or otherwise, not to exceed 8 hours shall constitute a day's work.
History: En. Sec. 115, Ch. 152, L. 1917; re-en. Sec. 5512, R.C.M. 1921; re-en. Sec. 5512, R.C.M. 1935; R.C.M. 1947, 11-3328.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4431. Department of finance

7-3-4431. Department of finance.
(1) The duties of the director of finance include:
(a) the keeping and supervision of all accounts and the custody of all public money of the municipality;
(b) the purchase, storage, and distribution of supplies needed by the various departments;
(c) the making and collection of special assessments;
(d) the issuance of licenses;
(e) the collection of license fees and taxes; and
(f) other duties that the commission may by ordinance require.
(2) The director of finance shall install and have supervision over the accounts of all the departments and offices of the municipality. Whenever practicable the books of financial accounts must be kept in the office of the department of finance. The director shall require daily departmental reports of money receipts and the disposition of money and shall require of each department, in a form that may be prescribed, current financial and operating statements exhibiting each transaction and the cost of the transaction. Upon the death, resignation, removal, or expiration of the term of any officer, the director shall examine the accounts of that officer and report the findings to the city manager.
(3) The director of finance has charge of the preparation and certification of all special assessments for public improvements, the mailing of notices of the assessments to property owners and purchasers of property under contracts for deed and all other duties connected with the assessments, the collection of assessments that are payable directly to the municipality, and the preparation and certification of all unpaid assessments to the county treasurer for collection. The director shall issue all licenses and collect all license fees and shall deposit the fees into the treasury in the manner provided by ordinance.
(4) The director of finance is the custodian of all public money of the municipality and all other public money coming into the director's possession. The director shall keep and preserve the money in the place or places determined by ordinance or by the provisions of any applicable law. Except as otherwise provided in part 43 or this part, the director shall collect, receive, and disburse all public money of the municipality upon warrant and shall also receive and disburse all other public money coming into the director's possession pursuant to regulations that may be prescribed by the authorities having lawful control over the funds.
History: En. Sec. 68, Ch. 152, L. 1917; re-en. Sec. 5466, R.C.M. 1921; amd. Sec. 13, Ch. 31, L. 1923; re-en. Sec. 5466, R.C.M. 1935; R.C.M. 1947, 11-3267(1) thru (3), (5), (7); amd. Sec. 4, Ch. 526, L. 1983; amd. Sec. 391, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4432. Accounting procedures

7-3-4432. Accounting procedures.
Accounting procedures must be devised and maintained for the municipality that are adequate to record in detail all transactions affecting the acquisition, custodianship, and disposition of values, including cash receipts and disbursements. The accounting procedures must conform to the methods and standards provided for in 2-7-504 and Title 7, chapter 6, part 6. The recorded facts must be presented periodically to officials and to the public in summaries and analytical schedules in detailed support of the summaries that may be necessary to show the full effect of the transactions for each fiscal year upon the finances of the municipality and in relation to each department of the municipal government, including distinct summaries and schedules for each publicly owned and operated utility.
History: En. Sec. 68, Ch. 152, L. 1917; re-en. Sec. 5466, R.C.M. 1921; amd. Sec. 13, Ch. 31, L. 1923; re-en. Sec. 5466, R.C.M. 1935; R.C.M. 1947, 11-3267(4); amd. Sec. 43, Ch. 278, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4433. Claims and issuance of warrants

7-3-4433. Claims and issuance of warrants.
A warrant for the payment of any claim may not be issued unless the claim is evidenced by a voucher approved by the head of the department for which the indebtedness was incurred and countersigned by the city manager. Before issuing a voucher, the supplies and materials delivered or work done must be inspected and certified to by the head of the proper department or office or by a person designated by the head of the department or office. The head of each department or office shall require proper time reports for all services rendered, to be certified by those having knowledge of the services, to serve as a basis for the preparation of payroll vouchers. Each director of a department and the director's surety are liable to the municipality for all loss or damage sustained by the municipality, by reason of the negligent or corrupt approval of any claim against the municipality in the director's department. Prior to the drawing of a warrant for the payment of any voucher or claim, the director of finance may cause an investigation or inspection to be made by a person designated by the director of finance and may summon persons and examine them under oath or affirmation, which oath or affirmation the director of finance may administer.
History: En. Sec. 68, Ch. 152, L. 1917; re-en. Sec. 5466, R.C.M. 1921; amd. Sec. 13, Ch. 31, L. 1923; re-en. Sec. 5466, R.C.M. 1935; R.C.M. 1947, 11-3267(6); amd. Sec. 392, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4435. Approval required for certain contracts

7-3-4435. Approval required for certain contracts.
No contract involving an expenditure of more than $250 for material or supplies shall be awarded except upon the approval of the city manager and the commission.
History: En. Sec. 71, Ch. 152, L. 1917; re-en. Sec. 5469, R.C.M. 1921; re-en. Sec. 5469, R.C.M. 1935; R.C.M. 1947, 11-3270.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4436. Sinking fund trustees

7-3-4436. Sinking fund trustees.
(1) The members of the commission, the city manager, and the director of finance shall constitute the sinking fund trustees. The mayor shall be the president and the director of finance shall be the secretary of the trustees of the sinking fund.
(2) The trustees of the sinking fund shall manage and control the sinking fund in the manner provided by laws of Montana or by ordinance.
History: En. Sec. 69, Ch. 152, L. 1917; re-en. Sec. 5467, R.C.M. 1921; re-en. Sec. 5467, R.C.M. 1935; R.C.M. 1947, 11-3268.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4441. Department of public service

7-3-4441. Department of public service.
Subject to the control and supervision of the city manager in all matters, the director of public service shall:
(1) manage and have charge of:
(a) the construction, improvement, repair, and maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts, and other public highways;
(b) sewers, drains, ditches, culverts, canals, streams, and watercourses; and
(c) boulevards, squares, and other public places and grounds belonging to the municipality or dedicated to public use, except parks and playgrounds;
(2) manage market houses, sewage disposal plants and farms, and all public utilities of the municipality; and
(3) have charge of:
(a) the enforcement of all obligations of privately owned or operated public utilities enforceable by the municipality;
(b) the making and preservation of all surveys, maps, plans, drawings, and estimates for public work;
(c) the cleaning, sprinkling, and lighting of streets and public places;
(d) the collection and disposal of waste; and
(e) the preservation of contracts, papers, plans, tools, and appliances belonging to the municipality and pertaining to the department.
History: En. Sec. 65, Ch. 152, L. 1917; re-en. Sec. 5463, R.C.M. 1921; re-en. Sec. 5463, R.C.M. 1935; R.C.M. 1947, 11-3264; amd. Sec. 394, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4442. Local improvements

7-3-4442. Local improvements.
(1) The commission shall have the power by ordinance to provide for:
(a) the construction, reconstruction, repair, and maintenance, by contract or directly by the employment of labor, of all things in the nature of local improvements; and
(b) the payment of any part of the cost of any such improvement by levying and collecting special assessments upon abutting, adjacent, and contiguous or other specially benefited property, as provided by general law.
(2) Whenever the payments for such improvements are to extend over a period of years and are to be paid for in installments, the proceedings and all things done in connection with such improvements are to be done in strict conformity with the provisions of parts 41 and 42 of chapter 12.
History: En. Sec. 87, Ch. 152, L. 1917; re-en. Sec. 5485, R.C.M. 1921; re-en. Sec. 5485, R.C.M. 1935; R.C.M. 1947, 11-3301.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4443. Utility connections

7-3-4443. Utility connections.
(1) The director of public service may compel the making of sewer, water, gas, and other connections whenever, in view of the contemplated street improvements or as a sanitary regulation, sewer, water, gas, or other connections should in the director's judgment be constructed.
(2) The director shall cause written notice of the determination to be given to the owner of each lot or parcel of land to which connections are to be made. The notice must state the number and character of connections required. The notice must be served by a person designated by the director of public service, in the manner provided for the service of summons in civil actions. Nonresidents of the municipality or persons who cannot be found may be served by one publication of the notice in a daily newspaper of general circulation in the municipality if there is a newspaper and, if not, by one publication in a weekly newspaper. The notice must state the time within which the connections must be constructed, and if they are not constructed within the time, the work may be done by the municipality and the cost of the connections, together with a penalty of 5%, assessed against the lots and lands for which the connections are made. However, the city commission may in its discretion order and direct that the cost of making any connection by the municipality may be assessed without penalty and may be paid in annual installments over a period of not to exceed 8 years, together with interest on the cost at a rate not to exceed 6% a year payable annually on the deferred payments. The assessments must be certified and collected as other assessments for street improvements. The actual work of making the connections must be done under regulations that are provided for by ordinance.
History: En. Sec. 88, Ch. 152, L. 1917; re-en. Sec. 5486, R.C.M. 1921; re-en. Sec. 5486, R.C.M. 1935; amd. Sec. 1, Ch. 45, L. 1939; R.C.M. 1947, 11-3302; amd. Sec. 395, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4444. Supervision of plats

7-3-4444. Supervision of plats.
(1) The director of public service is the supervisor of plats of the municipality. The director shall see that the regulations governing the platting of all lands require all streets and alleys to be of proper width and to be coterminous with the adjoining streets and alleys and that all other regulations are conformed with. Whenever the director considers it expedient to plat any portion of the territory within the corporate limits in which the necessary or convenient streets and alleys have not already been accepted by the municipality so as to become public streets or alleys or when any person plats any land within the corporate limits or within 3 miles of those limits, the director shall, if the plats are in accordance with the regulations prescribed for plats, endorse the director's written approval on the plats.
(2) A plat subdividing lands within the corporate limits or within 3 miles of those limits may not be entitled to be recorded in the recorder's office of the county without the written approval endorsed on the plat.
History: En. Sec. 91, Ch. 152, L. 1917; re-en. Sec. 5489, R.C.M. 1921; re-en. Sec. 5489, R.C.M. 1935; R.C.M. 1947, 11-3305; amd. Sec. 396, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4445. Subdivided lands

7-3-4445. Subdivided lands.
Subdivisions in the municipality must conform to the provisions of Title 76, chapter 3.
History: En. Sec. 89, Ch. 152, L. 1917; re-en. Sec. 5487, R.C.M. 1921; amd. Sec. 16, Ch. 31, L. 1923; re-en. Sec. 5487, R.C.M. 1935; R.C.M. 1947, 11-3303; amd. Sec. 26, Ch. 262, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4446. Acceptance of streets or alleys

7-3-4446. Acceptance of streets or alleys.
(1) No streets or alleys except those laid down on such plat and bearing the approval of the supervisor of plats, as hereinbefore provided, shall subsequently in any way be accepted as public streets or alleys by the municipality or shall any public funds be expended in the repair or improvement of streets or alleys subsequently laid out and not on such plat. This restriction shall not apply to a street or alley laid out by the municipality or to streets, alleys, or public grounds laid out on a plat by or with the approval of the supervisor of plats.
(2) No street or alley hereafter dedicated to public use by the proprietor of ground in the municipality shall be deemed a public street or alley or under the care or control of the commission unless the dedication be accepted and confirmed by ordinance passed for such purpose or unless the provisions hereof relating to subdivisions shall have been complied with.
History: (1)En. Sec. 92, Ch. 152, L. 1917; re-en. Sec. 5490, R.C.M. 1921; re-en. Sec. 5490, R.C.M. 1935; Sec. 11-3306, R.C.M. 1947; (2)En. Sec. 95, Ch. 152, L. 1917; re-en. Sec. 5493, R.C.M. 1921; re-en. Sec. 5493, R.C.M. 1935; Sec. 11-3309, R.C.M. 1947; R.C.M. 1947, 11-3306, 11-3309.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4447. Supervision of public places

7-3-4447. Supervision of public places.
(1) The commission shall provide by ordinance for the care, supervision, control, and improvement of public highways, streets, avenues, alleys, sidewalks, public grounds, bridges, aqueducts, and viaducts within the municipality and shall cause them to be kept open, in repair, and free from nuisance.
(2) When it deems it necessary, the commission may cause any street, alley, or public highway to be opened, straightened, altered, diverted, narrowed, widened, or vacated.
History: (1)En. Sec. 93, Ch. 152, L. 1917; re-en. Sec. 5491, R.C.M. 1921; re-en. Sec. 5491, R.C.M. 1935; Sec. 11-3307, R.C.M. 1947; (2)En. Sec. 94, Ch. 152, L. 1917; re-en. Sec. 5492, R.C.M. 1921; re-en. Sec. 5492, R.C.M. 1935; Sec. 11-3308, R.C.M. 1947; R.C.M. 1947, 11-3307, 11-3308.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4448. Vacating or changing name of street

7-3-4448. Vacating or changing name of street.
(1) The commission, in vacating any street or part of a street or changing the name of any street, may include in one ordinance the change of name or the vacation or narrowing of more than one street, alley, or avenue. Before vacating any street or part thereof or narrowing any street, the commission shall first pass a resolution declaring its intention to do so.
(2) The city manager shall serve notice of the resolution, in the manner that service of summons is required to be made in civil actions, upon all persons who are owners or purchasers under contracts for deed of property that abuts upon the portion of the street affected by the proposed vacation or narrowing and shall publish notice once in one daily newspaper of general circulation in the municipality if there is one or if not, once in one weekly newspaper of like circulation. The notice shall state the time and place at which objections will be heard.
(3) Unless at least 51% of the affected property owners object to the proposed vacation or narrowing, the commission may by ordinance declare such vacation or narrowing. The order of the commission vacating or narrowing a street or alley which has been dedicated to public use by the proprietor, to the extent that it is vacated or narrowed, operates as a revocation of the acceptance thereof by the commission, but the right-of-way and easement therein of any lot owner is not impaired thereby.
History: En. Sec. 96, Ch. 152, L. 1917; re-en. Sec. 5494, R.C.M. 1921; re-en. Sec. 5494, R.C.M. 1935; R.C.M. 1947, 11-3310; amd. Sec. 27, Ch. 262, L. 1979; amd. Sec. 5, Ch. 526, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4449. Grant of right to use or occupy public places

7-3-4449. Grant of right to use or occupy public places.
The commission shall have all powers to grant rights to occupy or use the streets, highways, bridges, or public places in the municipality that now are or hereafter may be granted to municipalities by the constitution or laws of Montana. Every ordinance or resolution passed by the commission granting the right to occupy or use streets, highways, or public places of municipalities shall be complete in the form in which it is finally passed and remain on file with the commission for inspection by the public for at least 1 week before the final adoption or passage thereof.
History: En. Sec. 98, Ch. 152, L. 1917; amd. Sec. 3, Ch. 44, L. 1919; re-en. Sec. 5496, R.C.M. 1921; re-en. Sec. 5496, R.C.M. 1935; R.C.M. 1947, 11-3312.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4450. Renewal of franchises

7-3-4450. Renewal of franchises.
The commission may by ordinance renew any grant for the construction or operation of any utility, at its expiration, subject to petition and referendum as hereinbefore provided.
History: En. Sec. 99, Ch. 152, L. 1917; re-en. Sec. 5497, R.C.M. 1921; re-en. Sec. 5497, R.C.M. 1935; R.C.M. 1947, 11-3313.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4451. Prohibition on exclusive grant or franchise

7-3-4451. Prohibition on exclusive grant or franchise.
No exclusive grant or renewal shall ever be granted, and no grant shall be renewed before 2 years prior to its expiration.
History: En. Sec. 100, Ch. 152, L. 1917; amd. Sec. 5, Ch. 44, L. 1919; re-en. Sec. 5498, R.C.M. 1921; re-en. Sec. 5498, R.C.M. 1935; R.C.M. 1947, 11-3314.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 44. Municipal Commission-Manager Government Continued › 7-3-4452. Grant to operate public utility

7-3-4452. Grant to operate public utility.
(1) The commission shall, in any ordinance granting or renewing any grant to construct and operate a public utility, prescribe the manner in which the streets and public grounds shall be used and occupied.
(2) The commission may by ordinance grant to any individual, company, or corporation operating a public utility the right to extend the appliances and service of such utility outside of the territory as designated by the franchise, subject to petition and referendum as hereinbefore stated. All such extensions shall become part of the aggregate property of the utility and shall be subject to all the obligations and reserved rights in favor of the municipality applicable to the property of the utility by virtue of the ordinance providing for its construction and operation. The right to use and maintain any such extension shall expire with the original grant of the utility to which the extension was made or any renewal thereof.
(3) No consent of the owner of property abutting on any highway or public ground shall be required for the construction, extension, and maintenance or operation of any public utility by original grant or renewal unless such public utility is of such character that its construction or operation is an additional burden upon the rights of the property owners in such highways or public grounds.
History: (1)En. Sec. 101, Ch. 152, L. 1917; amd. Sec. 5, Ch. 44, L. 1919; re-en. Sec. 5499, R.C.M. 1921; re-en. Sec. 5499, R.C.M. 1935; Sec. 11-3315, R.C.M. 1947; (2)En. Sec. 103, Ch. 152, L. 1917; re-en. Sec. 5500, R.C.M. 1921; re-en. Sec. 5500, R.C.M. 1935; Sec. 11-3316, R.C.M. 1947; (3)En. Sec. 104, Ch. 152, L. 1917; re-en. Sec. 5501, R.C.M. 1921; re-en. Sec. 5501, R.C.M. 1935; Sec. 11-3317, R.C.M. 1947; R.C.M. 1947, 11-3315, 11-3316, 11-3317.