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Item 5.
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| City Council Work Session | |
| Date: | 07/07/2025 |
| Title: | Charter amendment discussion |
| Presented by: | Gina Dahl |
| Department: | Legal |
| Presentation: | No |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends Council consider the information below and provide direction to staff related to these and any other relevant issues.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On June 23, 2025, Council directed staff to investigate and move forward with the process to call for an election to amend the City’s Charter reducing Council’s number to six. This amendment would not be considered a change in the form of government, but it would be considered a change in the plan of government. The “plan of government” is a certificate filed with the Montana Secretary of State. This plan must establish the terms of all officers and the number of Councilmembers to be elected. MCA 7-3-105 and MCA 7-1-4121.
In order to be placed on the November 4, 2025 ballot, Council must adopt an ordinance to amend the Charter and a resolution calling for an election no later than August 11, 2025. MCA 13-1-405. Therefore, a public hearing and first reading must be held no later than July 28, 2025, so that a second and final reading can be held on August 11, 2025. The Yellowstone County Election Administrator has been notified of this possible ballot question and has requested as much advance notice as possible. If Council would like to act sooner than the next regular business meeting on July 28, it would need to call special meetings for first and second readings of the proposed ordinance.
The effective date of the amendment, if approved by the voters, is the first day of fiscal year 2028, (July 1, 2027) MCA 7-3-103, and the change of plan of government takes effect when the new officers take office (January 1, 2028). MCA 7-3-156. Council may provide for different effective dates to be specified on the ballot if that is Council’s intention.
Issues for consideration
There are some additional issues to be determined to draft an appropriate resolution to call for an election including ballot language.
Depending on the Council’s decisions on the above issues, additional ordinances or resolutions may need to be adopted to put the transition plan into place. For example, if there will be six Councilmembers elected from wards, with no at-large member, the City’s wards will need to be redrawn to create a sixth ward. The ordinance amendment would be a relatively simple process, but the process for redistricting is more complex and involves coordination of internal staff, including Planning, GIS, Legal, and Administration. City staff must also coordinate with Yellowstone County to establish the ward boundaries. Montana law requires ward boundaries to be as equal as possible. The City redistricted ward boundaries in 2023 following the most recent decennial census in 2020. The process began in mid-2022 and the process was complete in early 2023. The process to create a sixth ward would require the same analysis and balancing of ward populations and is expected to take a similar amount of time.
Use of Public Resources for Political Purposes
Finally, staff would like to take this opportunity to provide a reminder about conduct required by Montana law for public employees and officers related to political activity. In anticipation of Council's approval of the proposed ordinance and resolution calling for an election, Council should note the requirements of MCA 2-2-122, which provides that a public officer may not use or permit the use of public time, facilities, equipment, supplies, personnel, or funds to solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue. For example, a Councilmember may not advocate for the passage of this ballot issue during a public meeting or by using a public email account. Attached is a primer prepared by Montana League of Cities and Towns that you may find helpful. However, the City Attorney’s office is always available to answer any questions you may have on this topic.
In order to be placed on the November 4, 2025 ballot, Council must adopt an ordinance to amend the Charter and a resolution calling for an election no later than August 11, 2025. MCA 13-1-405. Therefore, a public hearing and first reading must be held no later than July 28, 2025, so that a second and final reading can be held on August 11, 2025. The Yellowstone County Election Administrator has been notified of this possible ballot question and has requested as much advance notice as possible. If Council would like to act sooner than the next regular business meeting on July 28, it would need to call special meetings for first and second readings of the proposed ordinance.
The effective date of the amendment, if approved by the voters, is the first day of fiscal year 2028, (July 1, 2027) MCA 7-3-103, and the change of plan of government takes effect when the new officers take office (January 1, 2028). MCA 7-3-156. Council may provide for different effective dates to be specified on the ballot if that is Council’s intention.
Issues for consideration
There are some additional issues to be determined to draft an appropriate resolution to call for an election including ballot language.
1. Holdover Councilmembers. The election may be conducted for all six Councilmembers or Council may provide for a plan that would retain Councilmembers whose terms have not expired until their terms end.
2. Determination of staggered terms. Section 7-3-161, MCA, which applies to study commission recommendations, provides guidance on establishing the staggered terms. At the first meeting of a new governing body for a different form of government, the newly elected officers “shall draw lots to establish their respective terms of office.” This provides a fair and random method for establishing the overlapping terms, but Council may consider other options. If Council decides on a plan to retain holdover Councilmembers, all terms would end at the same time (in 2029) and staggered terms would need to be established by some method, like drawing lots, when new Council members are elected.
3. Charter Sec. 309. Vacancies, Forfeiture of the Office, Filling of Vacancies. This section of the charter includes a requirement that vacancies of less than five shall be filled by the Mayor with consent of Council. In the event there are five or more vacancies at once, the terms are not filled by appointment and a special election shall be held within 90 days. Because the intent of the Charter amendment is to reduce the total number of Councilmembers, Council may determine it is appropriate to amend this section, but it is not necessary. This issue is simply brought to Council’s attention for consideration. However, if Council decides it would like to propose an amendment to this section of the Charter, careful consideration will need to be made to the ballot language to avoid confusion while voters consider this additional information.
Depending on the Council’s decisions on the above issues, additional ordinances or resolutions may need to be adopted to put the transition plan into place. For example, if there will be six Councilmembers elected from wards, with no at-large member, the City’s wards will need to be redrawn to create a sixth ward. The ordinance amendment would be a relatively simple process, but the process for redistricting is more complex and involves coordination of internal staff, including Planning, GIS, Legal, and Administration. City staff must also coordinate with Yellowstone County to establish the ward boundaries. Montana law requires ward boundaries to be as equal as possible. The City redistricted ward boundaries in 2023 following the most recent decennial census in 2020. The process began in mid-2022 and the process was complete in early 2023. The process to create a sixth ward would require the same analysis and balancing of ward populations and is expected to take a similar amount of time.
Use of Public Resources for Political Purposes
Finally, staff would like to take this opportunity to provide a reminder about conduct required by Montana law for public employees and officers related to political activity. In anticipation of Council's approval of the proposed ordinance and resolution calling for an election, Council should note the requirements of MCA 2-2-122, which provides that a public officer may not use or permit the use of public time, facilities, equipment, supplies, personnel, or funds to solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue. For example, a Councilmember may not advocate for the passage of this ballot issue during a public meeting or by using a public email account. Attached is a primer prepared by Montana League of Cities and Towns that you may find helpful. However, the City Attorney’s office is always available to answer any questions you may have on this topic.
ALTERNATIVES
City Council may provide direction to staff on the above or related issues.
FISCAL EFFECTS
Fiscal effects are undetermined at this time until more specific direction is provided to staff.
Attachments
- draft - proposed ordinance with language for 6 wards
- draft - proposed ordinance with language for 5 wards and 1 at large
- draft - proposed resolution with alternative language for 6 wards or with 5 wards & 1 at large
- Political Activity for Public Officials