Title 7, Title 7

When such division of commissioner districts has been made, there shall be filed in the office of the county clerk and recorder of such county a certificate designating the metes and bounds of the boundary lines and limits of each commissioner district. The certificate shall be d…

(1) At each general election, the member or members of the board of county commissioners to be elected must be selected from the residents and electors of the district or districts in which the vacancy occurs, but the election of the member or members of the board must be submitt…

(1) The term of office of county commissioners is 6 years unless otherwise provided for under a plan of government provided for in a county adopting an optional or alternative form of government. A county commissioner takes office at 12:01 a.m. on January 1 succeeding the date of…

(1) For the purposes of this part, "vacancy" has the same meaning as prescribed in 2-16-501. (2) Whenever a vacancy occurs in the board of county commissioners from a failure to elect or otherwise, the remaining county commissioners shall fill the vacancy and the appointee shall …

(1) Subject to subsection (2), each member of the board of county commissioners shall receive an annual salary equal to the annual salary established in 7-4-2503 for the clerk and recorder plus $2,000. (2) Each board may elect to serve on a part-time rather than a full-time basis…

(1) In addition to the salary provided by 7-4-2107(1), each member of the board of county commissioners must receive a mileage allowance as provided in 2-18-503 for the distance necessarily traveled in going to and returning from the county seat and the commissioner's place of re…

The board of county commissioners must elect one of its members presiding officer. The presiding officer shall preside at all meetings of the board, and in case of the presiding officer's absence or inability to act, the members present shall select one of their number to act tem…

(1) The board of county commissioners has jurisdiction and power, under the limitations and restrictions that are prescribed by law, to: (a) supervise the official conduct of all county officers and officers of all districts and other subdivisions of the county charged with asses…

The board of county commissioners may pay a proper charge to any insurance company authorized to do business in this state or to a self-insurance pool insuring counties as authorized by 2-9-211 for insurance providing indemnity for or protection to any county officer against liab…

The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to adopt a seal for the board. A description and impression thereof must be filed by the clerk in the offices of the county clerk and the secretary of s…

In addition to any other penalty provided in this code, a county commissioner who neglects or refuses to perform any duty imposed on the commissioner without just cause, who willfully violates any law provided for the commissioner's government as an officer, who fraudulently or c…

A person is not eligible for a county office who at the time of election is not: (1) of the voting age required by the Montana constitution; (2) a citizen of the state; and (3) (a) an elector of the county in which the duties of the office are to be exercised; or (b) in the case …

A person is not eligible to a district or township office unless the person is: (1) of voting age as required by the Montana constitution; (2) a citizen of the state; and (3) an elector of the district or township in which the duties of the office are to be exercised or for which…

(1) There may be elected or appointed the following county officers, who shall possess the qualifications for suffrage prescribed by the Montana constitution and other qualifications as may be prescribed by law: (a) one county attorney; (b) one clerk of the district court; (c) on…

The officers of townships are as provided elsewhere in this code or by the board of county commissioners.

(1) Each person elected to an office named in 7-4-2203 holds the office for the term of 4 years and until a successor is elected and qualified. (2) A person appointed to any of the different offices serves at the pleasure of the commissioners. (3) Each officer who is mentioned in…

(1) For the purposes of this part, "vacancy" has the same meaning as prescribed in 2-16-501. (2) (a) Vacancies in all county offices, except that of county commissioner, must be filled by appointment by the board of county commissioners. Except as provided in subsections (3) and …

It is the duty of all officers to complete the business of their respective offices prior to the time of the expiration of their respective terms. If any officer, at the close of the term, leaves to the officer's successor official labor to be performed for which the officer has …

(1) Subject to subsection (2) and except as provided in 10-1-1008, if a county officer is absent from the state for a period of more than 30 consecutive days without the consent of the board of county commissioners, the officer forfeits the office. (2) If the county officer who i…

Every officer mentioned in 7-4-2203(1) may administer and certify oaths.

(1) Sheriffs, clerks, constables, and their deputies are prohibited from practicing law or acting as attorneys or counselors at law or having as a partner a lawyer or one who acts as a lawyer. (2) A county clerk, clerk of any court, or sheriff may not act as an agent or solicitor…

(1) All county officers, except justices of the peace as set forth in 3-10-101 and except as provided in subsection (3), must keep their offices at the county seat. (2) (a) The sheriff, the county clerk, the clerk of the district court, the treasurer, the county attorney, the cou…

(1) The bonds of county officers are fixed by Title 2, chapter 9, part 7. (2) Except in criminal prosecutions, whenever any special penalty, forfeiture, or liability is imposed on any officer for nonperformance or malperformance of official duty, the liability therefor attaches t…

(1) At a regular meeting of the board of county commissioners in March and September of each year, the board of county commissioners shall carefully examine all official bonds of all county and township officials then in force and effect and investigate the qualifications and fin…

Whenever any officer of any county is required or authorized by law to record, copy, file, recopy, or replace any document, plat, paper, written instrument, or book on file or of record in the officer's office, the officer may do so by photographic, micrographic, electronic, or o…

(1) Any document, plat, paper, written instrument, or book reproduced as provided in 7-4-2221 may be disposed of or destroyed pursuant to the requirements of 2-6-1012 and Title 2, chapter 6, part 12, and the reproductions may be substituted as public records. (2) A reproduction o…

(1) Whenever any record or document is copied or reproduced as provided in 7-4-2221, it must be made in duplicate. (2) The custodian of the record or document shall place the master copy, the contents of the copy being first identified and indexed, in a fireproof vault or firepro…

(1) Except as provided in subsection (2), the board of county commissioners of any county may in its discretion consolidate any two or more of the offices named in 7-4-2203 and combine the powers and the duties of the consolidated offices. (2) The office of the justice of the pea…

(1) At any time not later than 45 days before the date on which declarations for nomination may first be filed for any county office, a petition in writing may be filed with the board of county commissioners of a county asking for the consolidation of any two or more of said offi…

(1) A written petition may also be filed with the boards of county commissioners of counties asking for consolidation of any two or more offices among several counties. (2) In the case of consolidation of offices among several counties, the petition shall be signed by not less th…

(1) A petition for consolidation of offices must be addressed to the board or boards of county commissioners of the counties affected and must set forth and state the reasons why the consolidation is believed by the petitioners to be necessary or desirable or for the best interes…

(1) The board or boards of county commissioners may initiate the consolidation of county offices under the procedure set forth in this part. Any board or boards desiring to consolidate any two or more offices or any two or more offices among several counties under the provisions …

(1) Upon the filing of a petition for consolidation, the board or boards of county commissioners shall cause the county clerk or clerks to examine the petition and the registration records of the county or counties. (2) If after such examination the county clerk or clerks report …

The county clerk or clerks shall cause notice of the hearing required by 7-4-2306 to be published as provided in 7-1-2121.

Nothing herein shall prevent the boards of county commissioners in counties affected by intercounty consolidation from holding joint hearings, provided the proper notice is given in each of the counties affected as set forth in 7-4-2306 and 7-4-2307.

(1) At the time designated in said notice, the county commissioners shall proceed to hear said petition and the evidence for or against the same. Any registered elector of the county affected shall have the right to appear and be heard upon said petition, subject, however, to the…

(1) In consolidating county offices, the board of county commissioners shall, not less than 7 days before the date on which declarations for nomination may first be filed for any office to be consolidated or not less than 6 months prior to the appointment to the offices to be con…

(1) Whenever any such order is made consolidating two or more of such offices, it shall be the duty of the officers holding and occupying such offices, at the end of their terms of office, to deliver and transfer to their successor or successors all of the books, files, papers, d…

(1) (a) When two or more offices are consolidated under a single officer, the officer must receive a salary determined by the board or boards of county commissioners. However, the salary may not be more than 20% higher than the highest salary provided by law to be paid to any off…

(1) Whenever county offices are consolidated, the officer of the consolidated office may appoint as many deputies as are approved by the board or boards of county commissioners. (2) The board or boards shall determine the number of deputies, stenographers, and clerks the officers…

(1) Each county and township officer, except a justice of the peace and the county assessor, may appoint as many deputies or assistants as may be necessary for the faithful and prompt discharge of the duties of the office. All compensation or salary of any deputy or assistant mus…

The board of county commissioners in each county is hereby authorized to fix and determine the number of county deputy officers and to allow the several county officers to appoint a greater number of deputies than the maximum number allowed by law when, in the judgment of the boa…

Whenever the official name of any principal officer is used in any law conferring power or imposing duties or liabilities, it includes the officer's deputies.

No county officer under salary must be appointed or act as deputy of another officer of the same county except in cases where the officer so appointed agrees to act and serve as such deputy without additional compensation.

(1) A deputy county officer or deputy designated by a county officer may not be appointed in a county having a taxable valuation of less than $5 million and a population of less than 2,000 unless the appointment, term of service, and compensation is authorized by the board of cou…

(1) The county surveyor (if not receiving a salary under 7-4-2812) and the public administrator may collect and receive for their own use, respectively, for official services, the fees and emoluments prescribed by law. (2) All other county officers receive salaries.