Title 7, Title 7

(1) The commission shall be the county board of health in and for the municipality, but in performing the duties and exercising the powers prescribed by law for such boards, the commission shall act by ordinance, resolution, or vote and according to the procedure prescribed by th…

The commission shall, by majority vote of all its members, appoint a municipal superintendent of schools to serve without definite term but subject to removal at the pleasure of the commission. The superintendent of schools for any district within the municipality may, with the c…

(1) A petition proposing to alter an existing county government may: (a) recommend amendments to the existing plan of government; (b) recommend any form of government authorized by Title 7, chapter 3, parts 1 through 5; (c) draft a charter; (d) recommend municipal-county consolid…

A petition proposing an alteration of a local government must contain: (1) a certificate containing the plan of government of the existing form of local government; (2) a certificate containing the plan of government of the proposed new form of government or amendments to the exi…

(1) Whenever county-municipal consolidation is recommended, a petition, in addition to the material required in 7-3-142, must contain a consolidation plan which: (a) provides for adjustment of existing bonded indebtedness and other obligations in a manner which assures a fair and…

(1) Whenever county merger is recommended, a petition, in addition to the material required by 7-3-142, must contain a consolidation plan which: (a) provides for adjustment of existing bonded indebtedness and other obligations in a manner which assures a fair and equitable burden…

Whenever municipal disincorporation is recommended, a petition, in addition to the material required by 7-3-142, must contain: (1) a certificate of disincorporation instead of a plan of government; and (2) a recommended plan of disincorporation.

(1) Two copies of a petition must be filed with the department of administration. (2) One copy of a petition must be filed with the local government records administrator. (3) The filings required by this section must be done within 45 days of submission of the petition.

(1) Sufficient copies of a petition proposing alterations to an existing form of local government must be made available to the public for inspection at convenient locations and at reasonable hours to provide all interested persons an opportunity to review the recommendations and…

(1) A summary of the recommendations contained in a petition proposing alteration of an existing form of local government must be published at least twice in a newspaper of general circulation in the local government. Whenever an election on the recommendations is to be held, pub…

(1) The governing body shall call an election on the question of an alteration of the form of government, a change in a plan of government, or, for an elected county official government, a change in the type of election proposed pursuant to 7-3-103(4) upon: (a) the election admin…

(1) The question of adopting an alteration of an existing form of government proposed by petition shall be submitted to the electors in substantially the following form: Vote for one: ☐ FOR adoption of the (self-government charter, amendment to an existing charter, or plan of gov…

(1) A petition recommendation may not involve more than three separate suboptions, and a suboption may not contain more than two alternatives. If a suboption is submitted to the voters, only the ballot alternatives within that suboption receiving the highest number of affirmative…

The adoption of a new form of government or a change in a plan of government does not affect the validity of any bond, debt, contract, obligation, or cause of action accrued or established under the prior form of government.

(1) A copy of the new form of government or change in a plan of government that is proposed by petition and that is ratified by the voters and any apportionment plan or consolidation or merger plan must be certified by the presiding officer of the governing body and filed with th…

Judicial review to determine the validity of the procedures whereby any charter or alternative plan of government is adopted may be initiated by petition in district court of 10 or more registered voters of the local government brought within 60 days after the election at which t…

(1) Unless the constitution requires otherwise, an election on the question of changing the form of local government, charter, or consolidation plan may not be conducted again for 3 years. (2) For the purposes of this section, general election dates are considered to be 1 year ap…

(1) A change in form of government or plan of government approved by the electors takes effect when the new officers take office pursuant to 7-3-161, except as otherwise provided in any charter or transition plan. A consolidation or merger plan adopted by the electors takes effec…

(1) The governing body shall prepare an advisory plan for orderly transition to a new form of government or plan of government proposed by petition. The transition plan may propose necessary ordinances, plans for consolidation of services and functions, and a plan for reorganizin…

(1) The members of the governing body holding office on the date the new plan of government is adopted by the electors of the local government continue in office and in the performance of their duties until the governing body authorized by the plan has been elected and qualified.…

(1) All ordinances and resolutions in effect at the time the new form of government becomes effective continue in effect until repealed or amended in the manner provided by law. (2) Within 2 years after ratification of a consolidation plan, the governing body of the consolidated …

(1) Within 20 days after an election at which a new form of government or a change in a plan of government is approved by the electors, the governing body of the local government shall meet and order an election for the purpose of electing the officials required by the new form o…

(1) The first meeting of a new governing body for a different form of government must be held at 10 a.m., 60 days after the election of the new officers. At that time, newly elected officers shall take the oath of office prior to assuming the duties of office. (2) If the terms of…

The purpose of 7-3-171 through 7-3-193 is to provide a mechanism for local government review as required by Article XI, section 9, of the Montana constitution.

The purpose of a study commission is to study the existing form and powers of a local government and procedures for delivery of local government services and compare them with other forms available under the laws of the state.

(1) A study commission may be established by an affirmative vote of the people. An election on the question of conducting a local government review and establishing a study commission must be held if: (a) the governing body of the local government unit calls for an election by re…

(1) An election on the question of establishing a study commission under 7-3-173 must be held in conjunction with a primary election held on the date established in 13-1-107. (2) An election of study commission members under 7-3-176 must be held in conjunction with a general elec…

The question of conducting a local government review and establishing a study commission must be submitted to the electors in substantially the following form: Vote for one: ☐ FOR the review of the government of (insert name of local government) and the establishment and funding,…

(1) An election to fill the positions on the local government study commission must be held in accordance with 7-3-174. A primary election may not be held. (2) The names of study commission candidates who have filed declarations of nomination not later than the filing deadline es…

(1) The number of positions, which must be an odd number of not less than three, on the study commission shall be set out in the resolution or petition calling for the election on the question of reviewing the local government or local governments and establishing a study commiss…

(1) The term of office of study commission members begins on the day that their election to the study commission is declared or certified under 13-15-405 or on the day of their appointment and ends on the day of the vote on the alternative plan. If the alternative plan is adopted…

(1) Not later than 10 days after all members of the study commission have been elected or appointed, the study commission shall meet and organize at a time set by the presiding officer of the governing body of the local government that the study commission is to examine. (2) At t…

(1) Any two or more study commissions may cooperate in the conduct of their studies. A majority vote by each of the affected study commissions is required for a cooperative study. (2) Cooperative studies do not preclude each study commission from making a separate report and reco…

(1) Meetings of the study commission must be held upon the call of the presiding officer, the vice presiding officer in the absence or inability of the presiding officer, or a majority of the members. The presiding officer shall announce the time and place of the meetings of the …

All meetings of the study commission are open to the public as provided in Title 2, chapter 3, part 2. The study commission shall hold public hearings and community forums and may use other suitable means to disseminate information, receive suggestions and comments, and stimulate…

(1) A study commission may employ and fix the compensation and duties of necessary staff. State, municipal, and county officers and employees, at the request of the study commission and with the consent of the employing agency, may be granted leave with or without pay from their …

(1) A study commission shall prepare a budget for each fiscal year that it is in existence and shall submit it to the local governing body for approval. (2) (a) For the support of the study commission, for each fiscal year that the study commission is in existence, each local gov…

(1) (a) A study commission examining the government of a county may: (i) recommend amendments to the existing plan of government; (ii) recommend any plan of government authorized by Title 7, chapter 3, parts 1 through 6; (iii) draft a charter; (iv) recommend municipal-county cons…

(1) Each local government study commission shall, within 90 days of its organizational meeting, establish a timetable for its deliberations and actions. The timetable must be published in a local newspaper of general circulation. The timetable may be revised, but each revision mu…

(1) A study commission shall adopt a final report. If the study commission recommends an alteration of a local government, the final report must contain the following materials and documents, each signed by a majority of the study commission members: (a) those materials and docum…

(1) Consolidation or merger may be placed on the ballot only by a joint report by cooperative study commissions. (2) A final report, in addition to the material required in 7-3-187, must contain a consolidation plan if county-municipal consolidation or county merger is recommende…

If a study commission proposes municipal disincorporation, the final report shall contain the following additional material and documents: (1) a certificate of disincorporation instead of a plan of government; and (2) a recommended plan of disincorporation.

A study commission may prepare separate reports in addition to its final report. These reports may recommend consolidation of services and functions and indicate potential areas for interlocal agreements. Such reports shall be submitted to all appropriate governing bodies for rea…

Each study commission shall publish once each week for 2 successive weeks in a newspaper of general circulation throughout the area of the affected local government a summary of its findings and recommendations, together with the address of a convenient public place where the tex…

(1) An alternative form or plan of government recommended by a study commission must be submitted to the voters in the same manner as provided in 7-3-149. (2) Ballot requirements and treatment of suboptions on an alternative form or plan of government recommended by a study commi…

(1) Except as provided in subsection (2) of this section, the provisions of 7-3-122 and 7-3-152 through 7-3-161 apply to the adoption of an alternative form or plan of government upon recommendation by a study commission. (2) (a) The presiding officer of the study commission and …