Montana AG Opinions — 2012

A peace officer who has a break in service during the one year period provided by state law has the remainder of the one-year period, plus any additional time as granted by the public officer standards and training council, in which to attend and successfully complete a basic training course.

The library board has sole discretion to determine how to use unspent funds in the library reserve. Additionally, the library board does not have the authority to require the local governing body to levy a certain number of mills in support of the library. The local governing body is not required to continue levying a particular number of mills in perpetuity.

Property taxes levied to support the adult education and transportation funds may be transferred to the school flexibility fund, but the transfer must be within or directly related to the purposes for which the property taxes were raised, i.e., adult education programming and transportation services. A transfer of property taxes for any other purpose is invalid.

Montana’s subdivision review law applies to all potential uses, not just residential uses. The opinion also concluded that an exemption from review for the sale, rent or lease of multiple parts of a building applies only to a single building, not to multiple buildings.

A candidate for political office may file for an elected office if, at the time the candidate begins to serve in that office, he or she will have had an eight-year break in service over a 16-year period.