Montana AG Opinions — 2007

Does the Montana Department of Corrections have jurisdiction to determine whether convicted offenders from out-of-state law enforcement and correctional agencies may be housed at a multijurisdictional detention center created pursuant to Mont. Code Ann. § 7-32-2201? May a multijurisdictional detention center contract for the confinement of inmates committed to an out-of-state correctional facility?

A Lease-Purchase Agreement which includes a non-appropriation clause and which allows for termination without penalty to the County does not constitute indebtedness or liability for the purposes of Mont. Code Ann. § 7-7-2101(1) or (2) and therefore does not require voter approval.

When a person is appointed to fill a vacancy in the office of city judge under a commission-manager form of city government, that person serves the remainder of the existing term.

The Legislature has the final authority under Montana law to approve creation of a new community college district. The approval of the Legislature for the creation of a new community college district required by Mont. Code Ann. § 20-15-209 occurs after the approval by the local voters but before the Board of Regents issues its organizational order. Montana law does not require approval of the Board of Regents for creation of the district, but does require the Board to make a recommendation.