The Local Government Study Commission will be using the National Civic League's Model City Charter in the creation of Bozeman's own Charter. Below is the NCL Charter, without NCL commentary. Please note that this Charter is simply the NCL's draft and Articles or Sections that appear in this Charter may or may not appear in the Bozeman City Charter. If you have questions, please contact the Bozeman Local Government Study Commission at 582-2383 or email us at studycommission@bozeman.net. Thank you!
PREAMBLE
We the people of the City of Bozeman, under the constitution and laws of the state of Montana, in order to secure the benefits of local self_government and to provide for an honest and accountable commission_manager government do hereby adopt this charter and confer upon the city the following powers, subject to the following restrictions, and prescribed by the following procedures and governmental structure. By this action, we secure the benefits of home rule and self-governance and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation.
Article I
POWERS OF THE CITY
Section 1.01. Powers of the City.
The city shall have all powers possible for a city with self-governing powers to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter.
Section 1.02. Construction.
The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this article.
Section 1.03. Intergovernmental Relations.
The city may participate by contract or otherwise with any governmental entity of this state or any other state or states or the United States in the performance of any activity which one or more of such entities has the authority to undertake.
ARTICLE II
CITY COMMISSION
All powers of the city shall be vested in the City Commission; except as otherwise provided by law or this charter, and the Commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law.
Section 2.02. Eligibility, Terms, and Composition.
(a) Eligibility. Only registered voters of the city shall be eligible to hold the office of Commission member or mayor.
(b) Terms. The term of office of elected officials shall be four years elected in accordance' with Article VI.
(c) Composition. There shall be a city Commission composed of [ ] members [see alternatives below].
Alternative I _ Option A _ Commission Elected At Large; Mayor Elected by the Commission
The Commission shall be composed of [odd number] members elected by the voters of the city at large in accordance with provisions of Article VI. The mayor shall be elected as provided in § 2.03(b), Alternative I.
Alternative I _ Option B _ Commission Elected At Large; Mayor Elected Separately
The Commission shall be composed of [even number] members elected by the voters of the city at large in accordance with provisions of Article VI. The mayor shall be elected as provided in § 2.03(b), Alternative II.
Alternative II _ Option A _ Commission Elected At Large with District Residency
Requirement; Mayor Elected by the Commission
The Commission shall be composed of [odd number] members elected by the voters of the city
at large in accordance with provisions of Article VI. Not more than one Commission member
shall reside in each district. The mayor shall be elected as provided in § 2.03(b),
Alternative I.
Alternative II _ Option B _ Commission Elected At Large with District Residency
Requirement; Mayor Elected Separately
The Commission shall be composed of [even number] members elected by the voters of the city
at large in accordance with provisions of Article VI. Not more than one Commission member
shall reside in each district. The mayor shall be elected as provided in § 2.03(b),
Alternative III. – Option A- Mixed at Large and Single Member Districts; Mayor Elected by the Commission
The Commission shall be composed of [odd number] of Commission members elected by the voters of the city at large and one member from each of the even_numbered Commission districts elected by the voters of those districts, as provided in Article VI. The mayor shall be
elected from among the at_large members as provided in § 2.03(b), Alternative I [specifying that the mayor is an at_large member].
Alternative III. – Option B- Mixed At-Large and Single Member District System; Mayor Elected Separately
The Commission shall be composed of [even number] members elected by the voters of the city at large and one member from each of the even_numbered Commission districts elected by the voters of those districts, as provided in Article VI. The mayor shall be elected as provided in § 2.03(b), Alternative II.
Alternative IV - Single Member District System
The Commission shall be composed of an even number of members each of whom shall be elected by district by the voters in that district. The mayor shall be elected in accordance with the provisions of § 2.03(b), Alternative II.
Section 2.03. Mayor
(a) Powers and Duties. The mayor shall be a voting member of the City Commission and
shall attend and preside at meetings of the Commission, represent the city in intergovernmental relationships, appoint with the advice and consent of the Commission the members of citizen advisory boards and commissions, present an annual state of the city message, appoint the members and officers of Commission committees, assign subject to the consent of Commission agenda items to committees, and perform other duties specified by the Commission. The mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties.
(b) Election _ Alternative I _ Mayor Elected by the Commission. The city Commission shall elect from among its members officers of the city who shall have the titles of mayor and deputy mayor, each of whom shall serve at the pleasure of the Commission. The deputy mayor shall act as mayor during the absence or disability of the mayor.
Alternative 11 _ Mayor Elected At Large. At each regular election the voters of the city shall elect a mayor at large for a term of [the same term as other Commission members] years The Commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor and, if a vacancy occurs, shall become mayor for the remainder of the unexpired term.
Section 2.04. Compensation; Expenses.
The city Commission may determine the annual salary of the mayor and Commission members by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of Commission members elected at the next regular election. The mayor and Commission members shall receive their actual and necessary expenses incurred in the performance of their duties of office.
Section 2.05. Prohibitions.
(a) Holding Other Office. Except where authorized by law, no Commission member shall hold any other elected public office during the term for which the member was elected to the Commission. No Commission member shall hold any other city office or employment during the term for which the member was elected to the Commission. No former Commission member shall hold any compensated appointive office or employment with the city until one year after the expiration of the term for which the member was elected to the Commission, unless granted a waiver by the Board of Ethics.
Nothing in this section shall be construed to prohibit the Commission from selecting any current or former Commission member to represent the city on the governing board of any regional or other intergovernmental agency.
(b) Appointments and Removals. Neither the city Commission nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the Commission may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees.
(c) Interference with Administration. Except for the purpose of inquiries, and investigations under § 2.09, the Commission or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the Commission nor its members shall give orders to any such officer or employee, either publicly or privately.
Section 2.06. Vacancies; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies. The office of a Commission member shall become vacant upon the member's death, resignation, or removal from office or forfeiture of office in any manner authorized by law.
(b) Forfeiture of Office. A Commission member shall forfeit that office if the Commission member:
(1) Fails to meet the residency requirements,
(2) Violates any express prohibition of this charter,
(3) Is convicted of a crime involving moral turpitude, or
(4) Fails to attend three consecutive regular meetings of the Commission
without being excused by the Commission.
(c) Filling of Vacancies. A vacancy in the city Commission shall be filled for the remainder of the unexpired term, if any, at the next regular election following not less than sixty days upon the occurrence of the vacancy, but the Commission by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Commission fails to do so within thirty days following the occurrence of the vacancy, the election authorities shall call a special election to fill the vacancy, to be held not sooner than ninety days and not later than 120 days following the occurrence of the vacancy, and to be otherwise governed by law. Notwithstanding the requirement in § 2.11(c), if at any time the membership of the
Commission is reduced to less than , the remaining members may by majority action appoint additional members to raise the membership to
Section 2.07. Judge of Qualifications.
The city Commission shall be the judge of the election and qualifications of its members, and of the grounds for forfeiture of their office. In order to exercise these powers, the Commission shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing.
Section 2.08. City Clerk.
The city Commission or the city manager shall appoint an officer of the city who shall have the title of city clerk. The city clerk shall give notice of Commission meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned by this charter or by the Commission or by state law.
Section 2.09. Investigations.
The city Commission may make investigations into the affairs of the city and the conduct of any city department, office, or agency and for this purpose may subpoena witnesses,
administer oaths, take testimony, and require the production of evidence. Failure or refusal
to obey a lawful order issued in the exercise of these powers by the Commission shall be a
misdemeanor punishable by a fine of not more than $ , or by imprisonment for not
more than or both.,
Section 2.10. Independent Audit.
The city Commission shall provide for an independent annual audit of all city accounts and may provide for more frequent audits as it deems necessary. Such audits shall be carried out in accordance with § 5.12.
Section 2.11. Procedure.
(a) Meetings. The Commission shall meet regularly at least once in every month at such times
and places as the Commission may prescribe by rule. Special meetings may be held on the call
of the mayor or of or more members and, whenever practicable, upon no less than
twelve hours' notice to each member. Except as allowed by state law, all meetings shall be
public; however, the Commission may recess for the purpose of discussing in a closed or
executive session limited to its own membership any matter which would tend to defame or
prejudice the character or reputation of any person, if the general subject matter for
consideration is expressed in the motion calling for such session and final action on such
motion is not taken by the Commission until the matter is placed on the agenda.
(b) Rules and Journal. The city Commission shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record.
(c) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and
nays shall be recorded in the journal. members of the Commission shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the
attendance of absent members in the manner and subject to the penalties prescribed by
the rules of the Commission. No action of the Commission, except as otherwise provided in the
preceding sentence and in § 2.06(c), shall be valid or binding unless adopted by the
affirmative vote of or more members of the Commission.
Section 2.12. Action Requiring an Ordinance.
In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city Commission shall be by ordinance which:
(1) Adopt or amend an administrative code or establish, alter, or abolish any city department, office, or agency;
(2) Provide for a fine or other penalty or establish a rule or regulation for
violation of which a fine or other penalty is imposed;
(3) Levy taxes;
(4) Grant, renew, or extend a franchise;
(5) Regulate the rate charged for its services by a public utility;
(6) Authorize the borrowing of money;
(7) Convey or lease or authorize the conveyance or lease of any lands of the city;
(8) Regulate land use and development;
(9) Amend or repeal any ordinance previously adopted; or
(10) Adopt, with or without amendment, ordinances proposed under the initiative power.
Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution.
Section 2.13. Ordinances in General.
(a) Form. Every proposed ordinance shall be introduced in writing and in the form required
for final adoption. No ordinance shall contain more than one subject, which shall be clear-ly expressed in its title. The enacting clause shall be "The city of Bozeman hereby ordains . . ."
Any ordinance which repeals or amends an existing ordinance or part of the city code shall
set out in full the ordinance, sections or subsections to be repealed or amended, and shall
indicate matters to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matters by underscoring or by italics.
(b) Procedure. Any member at any regular or special meeting of the Commission may intro-duce an ordinance. Upon introduction of any ordinance, the city clerk shall distribute a copy to each Commission member and to the city manager, shall file a reasonable number of copies in the office of the city clerk and such other public places as the Commission may designate, and shall publish the ordinance together with a notice setting out the time and place for a public hearing thereon and for its consideration by the Commission. The public hearing shall follow the publication by at least seven days, may be held separately or in connection with a regular or special Commission meeting and may be adjourned from time to time; all persons interested shall have an opportunity to be heard. After the hearing, the Commission may adopt the
ordinance with or without amendment or reject it, but if it is amended as to any matter of substance, the Commission may not adopt it until the ordinance or its amended sections have been subjected to all the procedures herein before required in the case of a newly introduced ordinance. As soon as practicable after adoption, the clerk shall have the ordinance and a notice of its adoption published and available at a reasonable price.
(c) Effective Date. Except as otherwise provided in this charter, every adopted ordinance shall become effective at the expiration of 30 days after adoption or at any later date specified therein.
(d) "Publish" Defined. As used in this section, the term "publish" means to print in the contemporary means of information sharing, which includes but is not limited to, one or more newspapers of general circulation in the city, and, if available, in a web site: (1) the ordinance or a brief summary thereof, and (2) the places where copies of it have been filed and the times when they are available for public inspection and purchase at a reasonable price.
Section 2.14. Emergency Ordinances.
To meet a public emergency affecting life, health, property or the public peace, the city Commission may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for
its services or authorize the borrowing of money except as provided in § 5.07(b). An emer-gency ordinance shall be introduced in the form and manner prescribed for ordinances gen-erally, except that it shall ~be plainly designated as an emergency ordinance and shall con-tain, after the enacting clause, a declaration stating that an emergency exists and describ-ing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least [ ] members shall be required for adoption. After its adoption, the ordinance
shall be published and printed as prescribed for other adopted ordinances. It shall become
effective upon adoption or at such later time as it may specify. Every emergency ordinance
except one made pursuant to § 5.07(b) shall automatically stand repealed as of the sixty_
first day following the date on which it was adopted, but this shall not prevent re_enactment
of the ordinance in_ the manner specified__in this section if the emergency still exists. An
emergency ordinance may also be repealed by adoption of a repealing ordinance in the
same manner specified in this section for adoption of emergency ordinances.
Section 2.15. Codes of Technical Regulations.
The city Commission may adopt any standard code of technical regulations by reference thereto
in an adopting ordinance. The procedure and requirements governing such an adopting
ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of § 2.13 for distribution and filing of copies of the ordinance
shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance, and
(2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city clerk pursuant
to § 2.16(a).
Copies of any adopted code of technical regulations shall be made available by the city clerk
for distribution or for purchase at a reasonable price.
Section 2.16. Authentication and Recording; Codification; Printing of Ordinances and Resolutions.
(a) Authentication and Recording. The city clerk shall authenticate by signing and shall record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the city Commission.
(b) Codification. Within three years after adoption of this charter and at least every ten
years thereafter, the city Commission shall provide for the preparation of a general codification
of all city ordinances and resolutions having the force and effect of law. The general
codification shall be adopted by the Commission by ordinance and shall be published, together
with this charter and any amendments thereto, pertinent provisions of the constitution and
other laws of the state of , and such codes of technical regulations and other rules
and regulations as the Commission may specify. This compilation shall be known and cited
officially as the city code. Copies of the code shall be furnished to city officers,
placed in libraries, public offices, and, if available, in a web site for free public reference
and made available for purchase by the public at a reasonable price fixed by the Commission.
(c) Printing of Ordinances and Resolutions. The city Commission shall cause each ordinance
and resolution having the force and effect of law and each amendment to this charter to be
printed promptly following its adoption, and the printed ordinances, resolutions and charter
amendments shall be distributed or sold to the public at reasonable prices as fixed by the
Commission. Following publication of the first city code and at all times thereafter, the
ordinances, resolutions and charter amendments shall be printed in substantially the same
style as the code currently in effect and shall be suitable in form for integration therein. The
Commission shall make such further arrangements as it deems desirable with respect to
reproduction and distribution of any current changes in or additions to the provisions of the
constitution and other laws of the state of , or the codes of technical regulations
and other rules and regulations included in the code.
ARTICLE III
CITY MANAGER
Section 3.01. Appointment; Qualifications; Compensation.
The city Commission by a majority vote of its total membership shall appoint a city manager for
an indefinite term and fix the manager's compensation. The city manager shall be
appointed solely on the basis of education and experience in the accepted competencies
and practices of local government management. The manager need not be a resident of
the city or state at the time of appointment, but may reside outside the city while in office
only with the approval of the Commission.
Section 3.02. Removal.
If the city manager declines to resign at the request of the city Commission, the city Commission may suspend the manager by a resolution approved by the majority of the total membership of the city Commission. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager. The city manager shall have fifteen days in which to reply thereto in. writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten days nor later than fifteen days after such hearing is requested. After the public hearing, if one is requested, and after full consideration, the city Commission by a majority vote of its total membership may adopt a final resolution of removal. The city manager shall continue to receive
full salary until the effective date of a final resolution of removal.
Section 3.03. Acting City Manager.
By letter filed with the city clerk, the city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the manager's temporary absence or disability; the city Commission may revoke such designation at any time and appoint another officer of the city to serve until the city manager returns.
Section 3.04. Powers and Duties of the City Manager.
The city manager shall be the chief executive officer of the city, responsible to the Commission for the management of all city affairs placed in the manager's charge by or under this charter. The city manager shall:
(1) Appoint and suspend or remove all city employees and appointive administrative officers provided for by or under this charter, except as
otherwise provided by law, this charter or personnel rules adopted pursuant
to this charter. The city manager may authorize any administrative officer
subject to the manager's direction and supervision to exercise these powers
with respect to subordinates in that officer's department, office or agency;
(2) Direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law;
(3) Attend all city Commission meetings. The city manager shall have the right to take part in discussion but shall not vote;
(4) See that all laws, provisions of this charter and acts of the city Commission, subject to enforcement by the city manager or by officers subject to the manager's direction and supervision, are faithfully executed;
(5) Prepare and submit the annual budget and capital program to the city Commission, and implement the final budget approved by Commission to achieve the goals of the city;
(6) Submit to the city Commission and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year;
(7) Make such other reports as the city Commission may require concerning
operations;
(8) Keep the city Commission fully advised as to the financial condition and future needs of the city;
(9) Make recommendations to the city Commission concerning the affairs of the city and facilitate the work of the city Commission in developing policy;
(10) Provide staff support services for the mayor and Commission members;
(11) Assist the Commission to develop long term goals for the city and strategies to implement these goals;
(12) Encourage and provide staff support for regional and intergovernmental cooperation;
(13) Promote partnerships among Commission, staff, and citizens in developing public policy and building a sense of community; and
(14) Perform such other duties as are specified in this charter or may be required by the city Commission.
ARTICLE IV
DEPARTMENTS, OFFICES AND AGENCIES
Section 4.01. General Provisions.
(a) Creation of Departments. The city Commission may establish city departments, offices, or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices, and agencies. No function assigned by this charter to a particular department, office, or agency may be discontinued or, unless this charter specifically so provides, assigned to any other.
(b) Direction by City Manager. All departments, offices, and agencies under the direction
and supervision of the city manager shall be administered by an officer appointed by and
subject to the direction and supervision of the manager. With the consent of Commission, the
city manager may serve as the head of one or more such departments, offices, or
agencies or may appoint one person as the head of two or more of them.
Section 4.02. Personnel System.
(a) Merit Principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence.
(b) Merit System. Consistent with all applicable federal and state laws the city Commission shall provide by ordinance for the establishment, regulation, and maintenance of a merit system governing personnel policies necessary to effective administration of the employees of the city's departments, offices and agencies, including but not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in_service training, grievances and relationships with employee organizations.
Section 4.03. Legal Officer.
(a) Appointment.
Alternative I
There shall be a legal officer of the city appointed by the city manager as provided in §
4.01(b).
Alternative II
There shall be a legal officer of the city appointed by the city manager subject to
confirmation by the city Commission.
Alternative III
There shall be a legal officer of the city appointed by the city Commission.
(b) Role. The legal officer shall serve as chief legal adviser to the Commission, the manager
and all city departments, offices and agencies, shall represent the city in all legal
proceedings and shall perform any other duties prescribed by state law, by this charter or
by ordinance.
Section 4.04. Land Use, Development, and Environmental Planning.
Consistent with all applicable federal and state laws with respect to land use, development, and environmental planning, the city Commission shall:
(1) Designate an agency or agencies to carry out the planning function and such
decision_making responsibilities as may be specified by ordinance;
(2) Adopt a comprehensive plan and determine to what extent zoning and other land use control ordinances must be consistent with the plan;
(3) Determine to what extent the comprehensive plan and zoning and other land use ordinances must be consistent with regional plan(s); and
(4) Adopt development regulations, to be specified by ordinance, to implement the plan.
The designated agency, the city manager, and the mayor and Commission shall seek to act in cooperation with other jurisdictions and organizations in their region to promote integrated approaches to regional issues.
ARTICLE V
FINANCIAL MANAGEMENT
Section 5.01. Fiscal Year.
The fiscal year of the city shall begin on the first day of and end on the last day of
Section 5.02. Submission of Budget and Budget Message.
On or before the day of of each year, the city manager shall submit to the
city Commission a budget for the ensuing fiscal year and an accompanying message.
Section 5.03. Budget Message.
The city manager's message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the city for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the city's debt position, including factors affecting the ability to raise resources through debt issues, and include such other material as the city manager deems desirable.
Section 5.04. Budget.
The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the city manager deems desirable or the city Commission may require for effective management and an understanding of the relationship between the budget and the city's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in
separate sections:
The proposed goals and expenditures for current operations during the ensuing fiscal year, detailed for each fund by department or by other organization unit, and program, purpose or activity, method of financing such expenditures, and methods to measure outcomes and performance related to the goals;
Proposed longer_term goals and capital expenditures during the ensuing fiscal year, detailed for each fund by department or by other organization unit when practicable, the proposed method of financing each such capital expenditure, and methods to measure outcomes and performance related to the goals; and
(3) The proposed goals, anticipated income and expense, profit and loss for the ensuing year for each utility or other enterprise fund or internal service fund operated by the city, and methods to measure outcomes and performance related to the goals. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance exclusive of reserves.
Section 5.05. City Commission Action on Budget.
Notice and Hearing. The city Commission shall publish the general summary of the budget and a notice stating:
(1) The times and places where copies of the message and budget are available for inspection by the public, and
(2) The time and place, not less than two weeks after such publication, for a public hearings) on the budget.
Amendment Before Adoption. After the public hearing, the city Commission may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except
expenditures required by law or for debt service or for an estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than total estimated income.
(c) Adoption. The city Commission shall adopt the budget on or before the day of the month of the fiscal year currently ending. If it fails to adopt the budget by this date, the budget proposed by the city manager shall go into effect.
(d) "Publish" defined. As used in this article, the term "publish" means to print in the contemporary means of information sharing, which includes but is not limited to, one or more newspapers of general circulation in the city, and, if available, in a web site.
Section 5.06. Appropriation and Revenue Ordinances.
To implement the adopted budget, the city Commission shall adopt, prior to the beginning of the fiscal year
(a) an appropriation ordinance making appropriations by department, fund, service, strategy or other organizational unit and authorizing an allocation for each program or activity;
(b) a tax levy ordinance authorizing the property tax levy or levies and setting the tax rate or rates; and
any other ordinances required to authorize new revenues or to amend the rates or other features of existing taxes or other revenue sources.
(b) Emergency Appropriations. To address a public emergency affecting life, health,
property or the public peace, the city Commission may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of § 2.14. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the Commission may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid or refinanced as long_ term debt not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made.
(c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues or fund balances available will be insufficient to finance the
expenditures for which appropriations have been authorized, the manager shall report to the city Commission without delay, indicating the estimated amount of the deficit, any remedial action taken by the manager and recommendations as to any other steps to be taken. The Commission shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce or eliminate one or more appropriations.
(d) Transfer of Appropriations. At any time during or before the fiscal year, the city Commission may by resolution transfer part or all of the unencumbered appropriation balance from one department, fund, service, strategy or organizational unit to the appropriation for other departments or organizational units or a new appropriation. The manager may transfer funds among programs within a department, fund, service, strategy or organizational unit and shall report such transfers to the Commission in writing in a timely manner.
(e) Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, except to the extent that the debt is refinanced and less debt service is required, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption.
Section 5.08. Administration and Fiduciary Oversight of the Budget.
The city Commission shall provide by ordinance the procedures for administration and fiduciary oversight of the budget.
Section 5.09. Capital Program.
(a) Submission to City Commission. The city manager shall prepare and submit to the city Commission a multi_year capital program no later than three months before the final date for submission of the budget.
(b) Contents. The capital program shall include:
(1) A clear general summary of its contents;
(2) Identification of the long_term goals of the community;
(3) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the fiscal years next ensuing,' with appropriate supporting information as to the necessity for each;
(4) Cost estimates and recommended time schedules for each
improvement or other capital expenditure;
(5) Method of financing upon which each capital expenditure is to be reliant;
(6) The estimated annual cost of operating and maintaining the facilities
to be constructed or acquired;'
(7) A commentary on how the plan addresses the sustainability of the community and the region of which it is a part; and
(8) Methods to measure outcomes and performance of the capital plan
related to the long_term goals of the community.
j
The above shall be revised and extended each year with regard to capital improvements
still pending or in process of construction or acquisition.
Section 5.10. City Commission Action on Capital Program.
(a) Notice and Hearing. The city Commission shall publish the general summary of the capital program and a notice stating:
(1) The times and places where copies of the capital program are available for inspection by the public, and
(2) The time and place, not less than two weeks after such publication, for a public hearings) on the capital program.
(b) Adoption. The city Commission by resolution shall adopt the capital program with or without
amendment after the public hearing and on or before the day of the month of
the current fiscal year.
Article VI
ELECTIONS
Section 6.01. City Elections.
(a) Regular Elections. The regular city election shall be held on the first Tuesday after the first Monday in November in odd numbered years, pursuant to the law of Montana, and every two years thereafter.
(b) Registered Voter Defined. All citizens legally registered under the constitution and laws of the state of Montana to vote in the city shall be registered voters of the city within the meaning of this charter.
(c) Conduct of Elections. The provisions of the general election laws of the state of shall apply to elections held under this charter. All elections provided for by the charter shall be conducted by the election authorities established by law. Candidates shall run for office without party designation. For the conduct of city elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the city Commission shall adopt ordinances consistent with law and this charter, and the election authorities may adopt further regulations consistent with law and this charter and the ordinances of the Commission. Such ordinances and regulations pertaining to elections shall be publicized in the manner of city ordinances generally.
(d) Proportional Representation. The Commission may be elected by proportional representation by the method of the single transferable vote.
(e) Beginning of term. The terms of Commission members shall begin the _ day of _ after their election.
Section 6.02. Commission Districts; Adjustment of Districts (for use with Alternatives II, III and IV of § 6.03).
(a) Number of Districts. There shall be city Commission districts.
(b) Districting Commission; Composition; Appointment; Terms; Vacancies; Compensation.
(1) There shall be a districting commission consisting of five members. No more
than two commission members may belong to the same political party. The
city Commission shall appoint four members. These four members shall, with the
affirmative vote of at least three, choose the fifth member who shall be chair-
man.
(2) No member of the commission shall be employed by the city or hold any other
elected or appointed position in the city.
(3) The city Commission shall appoint the commission no later than one year and five
months before the first general election of the city Commission after each federal
decennial census. The commissions term shall end upon adoption of a dis-tricting plan, as set forth in § 6.02(c).
(4) In the event of a vacancy on the commission by death, resignation or other-
wise, the city Commission shall appoint a new member enrolled in the same politi-cal party from which his or her predecessor was selected to serve the balance
of the term remaining.
(5) No member of the districting commission shall be removed from office by the
city Commission except for cause and upon notice and hearing.
(6) The members of the commission shall serve without compensation except
that each member shall be allowed actual and necessary expenses to be
audited in the same manner as other city charges.
(7) The commission may hire or contract for necessary staff assistance and may ,
require agencies of city government to provide technical assistance. The com-
mission shall have a budget as provided by the city Commission.
(c) Powers and Duties of the Commission; Hearings, Submissions and Approval of Plan.
Following each decennial census, the commission shall consult the city commission
the city into districts for the election of Commission members. In preparing the plan, the commission shall be guided by the criteria set forth in § 6.02(d). The report on the plan shall include a map and description of districts recommended.
(2) The commission shall hold one or more public hearings not less than one
month before it submits the plan to the city Commission. The commission shall
make its plan available to the public for inspection and comment not less than one month before its public hearing.
(3) The commission shall submit its plan to the city Commission not less than one year before the first general election of the city Commission after each decennial census.
(4) The plan shall be deemed adopted by the city Commission unless disapproved within three weeks by the vote of the majority of all members of the city Commission. If the city Commission fails to adopt the plan, it shall return the plan to the commission with its objections and with the objections of individual members of the Commission.
(5) Upon rejection of its plan, the commission shall prepare a revised plan and
shall submit such revised plan to the city Commission no later than nine months
before the first general election of the city Commission after the decennial census.
Such revised plan shall be deemed adopted by the city Commission unless
disapproved within two weeks by the vote of two_thirds of all of the members
of the city Commission and unless, by a vote of two_thirds of all of its members,
the city Commission votes to file a petition in the Court, County,
for a determination that the plan fails to meet the requirements of this charter.
The city Commission shall file its petition no later than ten days after its
disapproval of the plan. Upon a final determination upon appeal, if any, that
the plan meets the requirements of this charter, the plan shall be deemed
adopted by the city Commission and the commission shall deliver the plan to the
city clerk. The plan delivered to the city clerk shall include a map and
description of the districts.
(6) If in any year population figures are not available at least one year and five
months before the first general election following the decennial census, the
city Commission may, by local law, shorten the time periods provided for districting
commission action in paragraphs (2), (3), (4), and (5) of this subsection.
(d) Districting Plan; Criteria. In preparation of its plan for dividing the city into districts for the election of Commission members, the commission shall apply the following criteria which, to the extent practicable, shall be applied and given priority in the order in which they are herein set forth.
(1) Districts shall be equal in population except where deviations from equality result from the application of the provisions hereinafter set forth, but no such deviation may exceed five percent of the average population for all city Commission districts according to the figures available from the most recent census.
Districts shall consist of contiguous territory; but land areas separated by waterways shall not be included in the same district unless said waterways are traversed by highway bridges, tunnels or regularly scheduled ferry services both termini of which are within the district, except that, population permitting, islands not connected to the mainland or to other islands by bridge, tunnel or regular ferry services shall be included in the same district as the nearest land area within the city and, where such subdivisions exist, within the same ward or equivalent subdivision as described in paragraph (5) below.
(3) In cities whose territory encompasses more than one county or portions of more than one county, the number of districts, which include territory in more than one county, shall be as small as possible.
(4) In the establishment of districts within cities whose territory is divided into wards or equivalent subdivisions whose boundaries have remained substantially unaltered for at least fifteen years, the number of such wards or equivalent subdivisions whose territory is divided among more than one district shall be as small as possible.
(5) Consistent with the foregoing provisions, the aggregate length of all district boundaries shall be as short as possible.
(e) Effect of Enactment. The new city Commission districts and boundaries as of the date of
enactment shall supersede previous Commission districts and boundaries for all purposes of the
next regular city election, including nominations. The new districts and boundaries shall
supersede previous districts and boundaries for all other purposes as of the date on which
all Commission members elected at that regular city election take office.
(b) Commission to Redistrict. Following each decennial census, the city Commission shall, by ordinance, adjust the boundaries of the city Commission districts using the criteria set forth in § 6.02(e).
(c) Procedures.
(1) The city Commission shall hold one or more public hearings prior to bringing any
proposed plan to a vote. Proposed plans must be available to the public for
inspection and comment not less than one month before the first public
hearing on said plan. The plan shall include a map and description of the
districts recommended.
(2) The city Commission shall approve a districting plan no later than 10 months (300 days)
prior to the first regular city election following the decennial census.
(d) Failure to Enact Ordinance. If the city Commission fails to enact a redistricting plan
within the required time, the city attorney shall, the following business day, inform
the Court, County, and ask that a special master be appointed to do
the redistricting. The special master shall, within sixty days, provide the Court with
a plan drawn in accordance with the criteria set forth in § 6.02(e). That plan shall
have the force of law unless the court fords it does not comply with said criteria. The
court shall cause an approved plan to go into effect no later than 210 days prior to
the first regular city election after the decennial census. The city shall be liable for
all reasonable costs incurred by the special master in preparing the plan for the
court.
Section 6.03. Methods of Electing Commission Members.
The text in this section complements the information on the composition of the Commission found in Article II, § 2.02(c).
Alternative I _ Option A _ Commission Elected At Large; Mayor Elected By the Commission
At the first election under this charter Commission members shall be elected; the
[one_half plus one] candidates receiving the greatest number of votes shall serve for terms
of four years, and the [remainder of the Commission] candidates receiving the next
greatest number of votes shall serve for terms of two years. Commencing at the next
regular election and at all subsequent elections, all Commission members shall be elected for
four_year terms.
Alternative I _ Option B _ Commission Elected At Large; Mayor Elected Separately
At the first election under this charter Commission members shall be elected; the
[one_half the number of Commission members] candidates receiving the greatest
number of votes shall serve for terms of four years, and the [one_half the number
of Commission members] candidates receiving the next greatest number of votes shall serve for
terms of two years. Commencing at the next regular election and at all subsequent'
elections, all Commission members shall be elected for four_year terms.
Alternative II _ Option A _ Commission Elected At Large with District Residency
Requirement; Mayor Elected By the Commission,
At the first election under this charter Commission members shall be elected; the
[one_half plus one] candidates receiving the greatest number of votes shall serve for terms
of four years, and the [remainder of the Commission] candidates receiving the next
greatest number of votes shall serve for terms of two years. Commencing at the next
regular election and at all subsequent elections, all Commission members shall be elected for
four_year terms.
Alternative II _ Option B _ Commission Elected At Large with District Residency
Requirement; Mayor Elected Separately
At the first election under this charter Commission members shall be elected; the
[one_half the number of Commission members] candidates receiving the greatest number of votes shall serve for terms of four years, and the [one_half the number of Commission members] candidates receiving the next greatest number of votes shall serve for terms of two years. Commencing at the next regular election and at all subsequent elections, all Commission members shall serve for terms of four years.
Alternative III _ Option A _ Mixed At_Large and Single Member District System;
Mayor Elected by the Commission
At the first election under this charter Commission members shall be elected; all district
candidates and the at_large candidates receiving the greatest number of votes
shall serve for terms of four years, and the at_large candidates receiving the next
greatest number of votes shall serve for terms of two years. Commencing at the next
regular election and at all subsequent elections, all Commission members shall be elected for
four_year terms.
Alternative III _ Option B _ Mixed At_Large and Single Member District System;
Mayor Elected Separately
At the first election under this charter Commission members shall be elected; all district
candidates and the at_large candidates receiving the greatest number of votes
shall serve for terms of four years, and the at_large candidates receiving the next
greatest number of votes shall serve for terms of two years. Commencing at the next
regular election and at all subsequent elections, all Commission members shall be elected for four_year terms.
Alternative IV _ Single_Member District System
At the first election under this charter Commission members shall be.elected; Commission
members from odd_numbered districts shall serve for terms of two years, and Commission members from even_numbered districts shall serve for terms of four years. Commencing at the next regular election and at all subsequent elections, all Commission members shall serve for terms of four years.
Section 6.04. Initiative; Citizen Referendum, and Recall.
(a) Alternative I _ Provisions Provided by State Law. The powers of initiative, citizen referendum, and recall are hereby reserved to the electors of the city.
Alternative II _ General Authority for Initiative, Citizen Referendum, and Recall.
Initiative. The registered voters of the city shall have power to propose ordinances to the Commission and, if the Commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, but such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees.
(2) Citizen Referendum. The registered voters of the city shall have power to require reconsideration by the Commission of any adopted ordinance and, if the Commission fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, but such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes.
(3) Recall. The registered voters of the city shall have power to recall elected officials of the city, but no recall petition shall be filed against any official within six months after the official takes office, nor, in case of a member subjected to a recall election and not removed, until at least six months after the election.
(b) Commencement of Proceeding; Petitioners' Committee; Affidavit. Any five registered voters may commence initiative, citizen referendum, or recall proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance, citing the ordinance sought to be reconsidered, or stating the name and title of the officer sought to be recalled accompanied by a statement, not to exceed 200 words, of the reasons for the recall. Grounds for recall should relate to and affect the administration of the official's office, and be of a substantial nature
directly affecting the rights and interests of the public. Promptly after receipt of a recall petition, the clerk shall serve, personally or by certified mail, a copy of the affidavit on the elected officer sought to be recalled. Within 10 days of service of the affidavit, the elected officer sought to be recalled may file a statement with the city clerk, not to exceed 200 words, in response. Promptly after the affidavit of the petitioners' committee is filed, and the response, if any, of the elected official sought to be recalled is filed, the clerk shall issue the appropriate petition blanks to the petitioners' committee.
(c) Petitions.
(1) Number of Signatures. Initiative and citizen referendum petitions must be signed by registered voters of the city equal in number to at least [5 to 10] percent of the total number of registered voters to vote at the last regular election. Recall petitions must be signed by registered voters of the city equal in number to at least [10 to 20] percent of the total number of registered voters to vote at the last regular election.
(2) Form and Content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Initiative and citizen referendum petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. Recall petitions shall contain the name and title of the official sought to be recalled, the statement of grounds for the recall, and the response of the official sought to be recalled, if any. If no response was filed, the petition shall so state.
Affidavit of Circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the person circulating it stating that he or she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
(4) Time for Filing Referendum and Recall Petitions. Referendum petitions must be filed within 30 days after adoption by the Commission of the ordinance sought to be reconsidered. Recall petitions must be filed within [40 to 160] days of the filing of the petitioners' affidavit initiating the recall procedure.
(d) Procedure after Filing.
Certificate of Clerk; Amendment. Within twenty days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk within two days after receiving the copy of his or her certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of paragraphs (2) and (3) of § 6.04(c), and within five days
after it is filed the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified suf-ficient, or if a petition or amended petition is certified insufficient and the peti-tioners' committee does not elect to amend or request Commission review under paragraph (2) of this subsection within the time required, the clerk shall prompt-ly present his or her certificate to the Commission and the certificate shall then be a final determination as to the sufficiency of the petition.
(2) Commission Review. If a petition has been certified insufficient and the petition-
ers committee does not file notice of intention to amend it or if an amended
petition has been certified insufficient, the committee may, within two days after
receiving the copy of such certificate, file a request that it be reviewed by the
Commission. The Commission shall review the certificate at its next meeting following the
filing of such request and approve or disapprove it, and the Commission s determi-nation shall then be a final determination as to the sufficiency of the petition. A Commission member who is the subject of a recall petition shall not be eligible to act in the determination of sufficiency or insufficiency of the petition.
(3) Court Review; New Petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new peti-tion for the same purpose.
(e) Referendum Petitions; Suspension of Effect of Ordinance. When a referendum peti-tion is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:
There is a final determination of insufficiency of the petition, or (ii) The petitioners' committee withdraws the petition, or (iii) The Commission repeals the ordinance, or (iv) Thirty days have elapsed after a vote of the city on the ordinance.
(f) Action on Petitions.
(1) Action by Commission. When an initiative or referendum petition has been finally determined sufficient, the Commission shall promptly consider the proposed initiative ordinance in the manner provided in Article II or reconsider the referred ordinance by voting its repeal. If the Commission fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. The Commission shall promptly order a recall election to occur within [30 to 90] days of the date the recall petition
was finally determined sufficient.
(2) Submission to Voters of Proposed or Referred Ordinances. The vote of the city on a proposed or referred ordinance shall be held not less than 30 days and not later than one year from the date of the final Commission vote thereon. If no regular city election is to be held within the period prescribed in this subsection, the Commission shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Commission may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.
(3) Withdrawal of Petitions. An initiative, referendum, or recall petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least two_thirds of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.
(g) Results of Election.
(1) Initiative. If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Commission. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
(2) Referendum. If a majority of the registered voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.
(3) Recall. Ballots used at recall elections shall read: "Shall [name] be recalled (removed) from the office of ?" If a majority of the registered voters voting on a proposed recall vote in its favor, the official is removed and the winning candidate for successor, if any, shall be elected as a replacement for the duration of the unexpired term. Otherwise the vacancy shall be filled in accordance with § 2.06 (c).
ARTICLE VII
GENERAL PROVISIONS
Section 7.01. Conflicts of Interest; Board of Ethics.
(a) Conflicts of Interest. The use of public office for private gain is prohibited. The city Commission shall implement this prohibition by ordinance, the terms of which shall include, but not be limited to: acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general_ public; the acceptance of gifts and other things of value; acting in a private capacity on matters dealt with as a public official; the use of confidential information; and appearances by city officials before other city agencies on behalf of private interests. This ordinance shall include a statement of purpose and shall provide for reasonable public disclosure of finances by officials with major decision_making authority over monetary expenditures and contractual and regulatory
matters and, insofar as permissible under state law, shall provide for fines and imprisonment for violations.
(b) Board of Ethics. The city Commission shall, by ordinance; establish an independent board of ethics to administer and enforce the conflict of interest and financial disclosure ordinances. No member of the board may hold elective or appointed office under the city- or any other government or hold any political party office. Insofar as possible under state law, the city Commission shall authorize the board to issue binding advisory opinions, conduct investigations on its own initiative and on referral or complaint from officials or citizens, subpoena witnesses and documents, refer cases for prosecution, impose administrative fines, and to hire independent counsel. The city Commission shall appropriate sufficient funds to the board of ethics to enable it to perform the duties assigned .to it and to provide annual training
and education of city officials and employees, including candidates for public office, regarding the ethics code.
Section 7.02. Prohibitions.
(a) Activities Prohibited.
(1) No person shall be appointed to or removed from, or in any way favored or
discriminated against with respect to any city position or appointive city administrative office because of race, ; gender, age, sexual orientation, disability, religion, country of origin, or political affiliation.
(2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the provisions of this charter or the rules and regulations made there under, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations.
(3) No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his or her test, appointment, proposed appointment, promotion or proposed promotion.
(4) No person shall knowingly or willfully solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose to be used in conjunction with any city election from any city officer or city employee.
(5) No city officer or city employee shall knowingly or willfully make, solicit or receive any contribution to the campaign funds of any political party or committee to be used in a city election or to campaign funds to be used in support of or opposition to any candidate for election to city office or city ballot issue. Further, no city employee shall knowingly or willfully participate in any aspect of any political campaign on behalf of or opposition to any candidate for city office. This section shall not be construed to limit any person's right to exercise rights as a citizen to express opinions or to cast a vote nor shall it be construed to prohibit any person from active participation in political campaigns at any other level of government.
(b) Penalties. Any person convicted of a violation of this section shall be ineligible for a period of five years following such conviction to hold any city office or position and, if an officer or employee of the city, shall immediately forfeit his or her office or position. The city Commission shall establish by ordinance such further penalties as it may deem appropriate.
Section 7.03. Campaign Finance.
(a) Disclosure. The city Commission shall enact ordinances to protect the ability of city residents to be informed of the financing used in support of, or against, campaigns for locally elected office. The terms of such ordinances shall include, but not be limited to, requirements upon candidates and candidate committees to report in a timely manner to the appropriate city office: contributions received, including the name, address, employer, and occupation of each contributor who has contributed or more; expenditures made; and obligations entered into by such candidate or candidate committee. In so far as is permissible under state law, such regulations shall also provide for fines and imprisonment for violations. The ordinance shall provide for convenient public disclosure of such information by the most
appropriate means available to the city.
(b) Contribution and Spending Limitations. In order to combat the potential for, and appearance of, corruption, and to preserve the ability of all qualified citizens to run for public office, the city shall, in so far as is permitted by state and federal law, have the authority to enact ordinances designed to limit contributions and expenditures by, or on behalf of, candidates for locally elected office. Ordinances pursuant to this section may include, but are not limited to: limitations on candidate and candidate committees that affect the amount, time, place, and source of financial and in_kind contributions; and, voluntary limitations on candidate and candidate committee expenditures tied to financial or non_financial incentives.
Article VIII
CHARTER AMENDMENT
Amendments to this charter may be framed and proposed:
In the manner provided by law, or
By ordinance of the Commission containing the full text of the proposed amendment and effective upon adoption, or
By report of a charter commission created by ordinance, or
(d) By the voters of the city.
Proposal of an amendment by the voters of the city shall be by petition containing the full text of the proposed amendment and shall be governed by the same procedures and requirements prescribed in Article VI for initiative petitions until such time as a final determination as to_ the sufficiency of the petition is made, except that there shall be no limitation as to subject matter and that the petition must be signed by registered voters of the city equal in number to at least [5 to 10] percent of the total number of those registered to vote at the last regular city election. The petitioners' committee may withdraw the petition at any time before the fifteenth day immediately preceding the day scheduled for the city vote on the amendment.
Section 8.02. Election.
Upon delivery to the city election authorities of the report of a charter commission or delivery by the city clerk of an adopted ordinance or a petition finally determined sufficient, proposing an amendment pursuant to § 8.01, the election authorities shall submit the proposed amendment to the voters of the city at an election. Such election shall be announced by a notice containing the complete text of the proposed amendment and published in one or more newspapers of general circulation in the city at least thirty days prior to the date of the election. The election shall be held not less than 60 and not more than 120 days after the adoption of the ordinance or report or the final determination of sufficiency of the petition proposing the amendment. If no regular election is to be held within that period, the
Commission shall provide for a special election on the proposed amendment; otherwise, the holding of a special election shall be as specified in state law.
Section 8.03. Adoption of Amendment.
If a majority of those voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters.
Article IX
TRANSITION AND SEVERABILITY
Section 9.01. Officers and Employees.
Rights and Privileges Preserved. Nothing in this charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption.
(b) Continuance of Office or Employment. Except as specifically provided by this charter, if at the time this charter takes full effect, a city administrative officer or employee holds any office or position which is or can be abolished by or under this charter, he or she shall continue in such office or position until the taking effect of some specific provision under this charter directing that he or she vacate the office or position.
(c) Personnel System. An employee holding a city position at the time this charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system provided for in§4.02.
Section 9.02. Departments, Offices, and Agencies.
Transfer of Powers. If a city department, office or agency is abolished by this charter, the powers and duties given it by law shall be transferred to the city department, office or agency designated in this charter or, if the charter makes no provision, designated by the city Commission.
(b) Property and Records. All property, records and equipment of any department, office or agency existing when this charter is adopted shall be transferred to the department, office or agency assuming its powers and duties, but, in the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the city Commission in accordance with this charter.
Section 9.03. Pending Matters.
All rights, claims, actions, orders, contracts, and legal administrative proceedings shall continue except as modified pursuant to the provisions of this charter and in each case shall be maintained, carried on or dealt with by the city department, office or agency appropriate under this charter.
Section 9.04. State and Municipal Laws.
(a) In General. All city ordinances, resolutions, orders and regulations which are in force when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the constitution and laws of the state of permit, all laws relating to or affecting this city or its agencies, officers or employees which are in force when this charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto.
(b) Specific Provisions. Without limitation of the general operation of subsection (a) or of the number of nature of the provisions to which it applies:
(1) The following laws and parts of laws generally affecting counties or city
agencies, officers or employees are inapplicable to the city of or its
agencies, officers or employees: [enumeration]
(2) The following public local laws relating to the city of are superseded:
[enumeration]
(3) The following ordinances, resolutions, orders, and regulations of [former city governing body] are repealed: [enumeration]
Section 9.05. Schedule.
First Election. At the time of its adoption, this charter shall be in effect to the extent necessary in order that the first election of members of the city Commission may be conducted in accordance with the provisions of this charter. The first election shall be held on the of . The [city officials to be designated] shall prepare and adopt temporary regulations that are applicable only to the first election and designed to insure its proper conduct and to prevent fraud and provide for recount of ballots in cases of doubt or fraud.
(b) Time of Taking Full Effect. The charter shall be in full effect for all purposes on and after the date and time of the first meeting of the newly elected city Commission provided in § 9.05(c).
(c) First Commission Meeting. On the of following the first election of city
Commission members under this charter, the newly elected members of the Commission shall meet
at [time] at [place]:
(1) For the purpose of electing the [mayor and] deputy mayor, appointing or
considering the appointment of a city manager or acting city manager, and
choosing, if it so desires, one of its members to act as temporary clerk pending
appointment of a city clerk pursuant to § 2.08; and Note: Omit bracketed
words if § 2.03, Alternative II is used.
(2) For the purpose of adopting ordinances and resolutions necessary to effect the
transition of government under this charter and to maintain effective city ;
government during that transition.
(d) Temporary Ordinances. In adopting ordinances as provided in § 9.05(c), the city
Commission shall follow the procedures prescribed in § 2.12, except that at its first meeting or
any meeting held within sixty days thereafter, the Commission may adopt temporary ordinances, to deal with cases in which there is an urgent need for prompt action in connection with the transition of government and in which the delay incident to the appropriate ordinance procedure would probably cause serious hardship or impairment of effective city government. Every temporary ordinance shall be plainly labeled as such but shall be introduced in the form and manner prescribed for ordinances generally. A temporary ordinance may be considered and may be adopted with or without amendment or rejected at the meeting at which it is introduced. After adoption of a temporary ordinance, the Commission shall cause it to be printed and published as prescribed for other adopted ordinances. A temporary ordinance shall become effective
upon adoption or at such later time preceding automatic repeal under this subsection as it may specify, and the referendum power shall not extend to any such ordinance. Every temporary ordinance, including any amendments made thereto after adoption, shall automatically stand repealed as of the ninety_first day following the date on which it was adopted, renewed, or otherwise continued except by adoption in the manner prescribed in § 2.12 for ordinances of the kind concerned.
(e) Initial Expenses. The initial expenses of the city Commission, including the expense of recruiting a city manager, shall be paid by the city on vouchers signed by the Commission chairman.
(f) Initial Salary of Mayor and Commission Members. The mayor shall receive an annual salary in the amount of $ and each other Commission member in the amount of $ , until such amount is changed by the Commission in accordance with the provisions of this charter.
Section 9.06. Severability.
If any provision of this charter is held invalid, the other provisions of the charter shall not be affected. If the application of the charter or any of its provisions to any person or circumstance is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected.
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