Montana AG Opinions — 2010

Are endowments granted to universities considered public funds for purposes of Article VIII, Section 13 of the Montana Constitution?

Taxable property within an incorporated city may become exempt from a county library levy under Mont. Code Ann. § 22-1-313 only when (1) the city has “an existing tax-supported public library,” as the term “public library” is defined in Mont. Code Ann. § 33-1-301(3), actually in existence and (2) the city governing body notifies the county of its desire not to be part of the county library system. Where the city and county have entered an interlocal agreement in which the city provides a building and other services for a branch of the county library but has not created an independent city library, withdrawal from the interlocal agreement, by itself, does not allow the city to act under Mont. Code Ann. § 22-1-313 to exempt city property from the county library tax levy.

Does a county violate Mont. Code Ann. § 2-18-603 by complying with a collective-bargaining agreement which provides that public employees working ten-hour days, four days per week, are to be paid ten hours pay for holidays?