Title 7, Title 7

The county attorney shall: (1) attend the district court and conduct, on behalf of the state, all prosecutions for public offenses and represent the state in all matters and proceedings to which it is a party or in which it may be beneficially interested, at all times and in all …

The county attorney must perform such other duties as are prescribed by law.

If a county attorney receives a complaint concerning official misconduct as provided in 45-7-401 of a local government public officer and the county attorney does not commence an action pursuant to 45-7-401(3), the county attorney shall refer the complaint and any relevant eviden…

(1) Except as provided in subsection (3), a county surveyor must be a professional engineer as defined in 37-67-101 or professional land surveyor as defined in 37-67-101. (2) All deputies must also have a practical knowledge of engineering or land surveying. (3) When the office o…

If a party for whom the county survey is made does not furnish the assistants, the surveyor may employ the necessary assistants and receive payment for the reasonable wages of all assistants necessarily employed.

(1) Whenever the county surveyor is interested in any land the title to which is in dispute and a survey is necessary, the court shall direct the survey to be made by some disinterested person. The appointed person is, for the purpose, authorized to administer and certify oaths. …

(1) The county surveyor shall work under the direction of the board of county commissioners. The county surveyor may not incur any indebtedness on the part of the county without the prior order or approval of the board. The county surveyor must be provided with suitable office sp…

(1) The board of county commissioners may assign responsibility for the supervision and direction of all highways, bridges, and causeways within the county to a county surveyor or to a county road superintendent. The board may allocate the duties between the surveyor and the supe…

(1) The county surveyor shall keep in the office a record of all surveys and plats made or caused to be made by the surveyor, to be recorded in proper books provided for that purpose. The county surveyor shall also keep on file and for record, in suitable plat books provided for …

(1) (a) The county surveyor shall: (i) make any survey that is required by order of the court or upon application of any person; (ii) keep a correct and fair record of all surveys made by the county surveyor; (iii) number the surveys progressively in the order made; and (iv) pres…

(1) Any person owning or claiming lands which are divided by county lines and wishing to have the same surveyed may apply to the surveyor of any county in which any part of such land is situated. On such application being made, the county surveyor must make the survey, which is a…

The board of county commissioners shall set the county surveyor's fees by resolution.

(1) The coroner, with approval of the county commissioners, may appoint one or more deputy coroners to assist the coroner or act in the coroner's absence. (2) At the time of appointment, a deputy coroner or acting coroner must meet the qualifications required of a coroner as prov…

(1) The coroner, or the board of county commissioners if the coroner is unable or refuses to act, shall request the coroner or a qualified deputy coroner of another county to be acting county coroner if the coroner: (a) is absent or unable to attend to duties or if the office of …

In each county having a population of 45,000 or more by the latest federal census enumeration, the coroner may, with the consent of the county commissioners, appoint a stenographer. The stenographer shall hold such position during the pleasure of the coroner making the appointmen…

(1) In addition to the qualifications set forth in 7-4-2201, to be eligible for the office of coroner, at the time of election or appointment to office a person must be a high school graduate or holder of an equivalency of completion of secondary education as provided by the supe…

(1) Coroner education must be approved by the Montana public safety officer standards and training council established in 2-15-2029. The council may adopt rules establishing standards and procedures for basic and advanced education. The cost of conducting the education must be bo…

The county coroner shall: (1) hold inquests as provided in Title 46, chapter 4, parts 1 and 2; (2) inquire into the cause, manner, and circumstances of all human deaths, as required in 46-4-122, and establish the identity of the deceased person; (3) provide decent disposal of an …

Whenever an inquest is held because of the death of an individual confined in the state prison, the county clerk of the county where the inquest is held shall make out a statement of all the costs incurred by the county in the inquest, properly certified by the coroner of the cou…

Before allowing the accounts of the coroner, the board of county commissioners shall require the coroner to file with the clerk of the board a statement, in writing and verified by affidavit, showing: (1) the amount of money or other property belonging to the estate of the deceas…

(1) In the course of an inquiry authorized under the provisions of 46-4-122, the coroner may take custody of a dead human body and cause it to be removed from the site of death to a facility designated by the coroner. (2) A dead human body in the custody of a county coroner must …

(1) Any property of a decedent or any suicide note composed or purportedly composed by a decedent in the custody of the county coroner shall be held until such time as the county attorney establishes that it is not necessary to hold such property or note to determine the true cau…

When a coroner serves more than one process in the same cause, not requiring more than one journey from the office, the coroner may receive mileage only for the more distant service, and mileage is not allowed for less than 1 mile actually traveled.

(1) (a) There is a special revenue account within the state special revenue fund established in 17-2-102 to aid counties in providing adequate burial, entombment, or cremation of an indigent person. (b) There must be deposited in the account money received from donations to provi…

The duties and functions of the sheriff's office are provided for in Title 7, chapter 32, part 21.

The duties and functions of the treasurer's office are provided for in part 21, chapter 6.

The duties and functions of the auditor's office are provided for in part 24, chapter 6.

The powers and duties of the public administrator are defined by Title 72, chapter 15, and 72-5-415(2).

The duties and functions of the office of county superintendent of schools are provided for in Title 20.

The number of deputies allowed the clerk of the district court may not exceed one chief deputy and up to: (1) six deputies in counties having a taxable valuation of $30 million or more; (2) four deputies in counties having a taxable valuation of $15 million or more and less than …

(1) In addition to the qualifications set forth in 7-4-2201, each assessor, before entering the duties of office, shall: (a) take and file with the county clerk the constitutional oath of office; and (b) certify to the county clerk that: (i) the assessor has satisfactorily comple…

(1) The officers of a city of the first class consist of: (a) one mayor; (b) two city council members from each ward; and (c) one city judge. (2) Except as provided in 7-5-4410, officers listed in subsection (1) must be elected by the qualified electors of the city. (3) There may…

(1) The officers of a city of the second or third class consist of: (a) one mayor; (b) two city council members from each ward; and (c) one city judge. (2) Except as provided in 7-5-4410, officers listed in subsection (1), except the city judge for a city of the third class, must…

(1) The officers of a town consist of: (a) one mayor; (b) two city council members from each ward; and (c) one city judge. (2) Except as provided in 7-5-4410, the officers listed in subsection (1), except for the city judge, must be elected by the qualified electors of the town. …

No person is eligible to any municipal office, elective or appointive: (1) who is not a citizen of the United States; and (2) who has not met the qualifications prescribed by law or by ordinance adopted by the governing body of a city or town.

The city or town council may abolish, by a majority vote of the council, any office, except that of city judge, the appointment to which is made by the mayor with the advice and consent of the council and may discharge any officer so appointed.

The city or town council may by ordinance consolidate any of the offices, except that of city judge, the appointment to which is made by the mayor with the advice and consent of the council and may require any of the elected officers to perform any of the duties of an appointed o…

(1) The terms of all officers elected at a municipal election are to commence on the first Monday in January after such election. (2) Officers appointed by the mayor with the advice and consent of the council enter upon their duties within 10 days after receiving notice of their …

Each officer of a city or town who is required to give bond shall file the bond, duly approved, within 10 days after receiving notice of election or appointment or, if notice is not received, then on or before the date fixed for the assumption of the duties of the office to which…

(1) The city or town council has power to prescribe the duties of all officers of the city or town, subject to the limitations mentioned in this code. (2) The duties of the street commissioner, chief of the fire department, city surveyor, and other city officers not provided in t…

An office becomes vacant on the happening of any of the following events before the expiration of the term of the incumbent: (1) the death of the incumbent; (2) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent is mentally ill; (3) the incumbent's resig…

(1) When a vacancy occurs in any elective office, this position is considered open and subject to nomination and election at the next general municipal election in the same manner as the election of any other person holding the same office, except the term of office is limited to…

The council, upon written charges to be entered upon their journal, after notice to the party, and after trial by the council, may remove any nonelected officer by vote of two-thirds of all the members-elect.

(1) The executive officers of a city or town are the mayor, the marshal (if there is one), and such officers as the council may provide for assessment; collecting, auditing, safekeeping, and disbursing the revenue; and keeping the records and journals of the city or town. (2) The…

The council shall determine by ordinance or resolution the salaries and compensation of elected and appointed city officers and all city employees.

A person employed by a municipality may file with the appointing power a designation of a person who, notwithstanding any other provision of law, is entitled, on the death of the employee, to receive all warrants or paychecks that would have been payable to the decedent. The empl…