Pursuant to a Council Initiative by former Council Member Shoots Veis, the staff prepared and Council reviewed and considered amendments to City Code Section 2-207 on forfeiture of office. Amendments to this ordinance were most recently presented to the City Council during the January 22, 2013, work session. At that time, the Council directed staff to proceed with the proposed amendments and schedule a First Reading and Public Hearing. The attached draft amendments are based primarily on MCA sections 7-4-4111 and 2-16-501 which provide directions in situations when a vacancy in an elected municipal office occurs for a variety of reasons.

Retaining the current Forfeiture of Office ordinance in its present form has been considered by this and previous City Councils, however, the Council has determined that the current version does not provide for how to proceed when a council member is physically unable to discharge the duties as a council member. The proposed amendments include such a contingency in section 2-207(2). The City Council may: Approve or Disapprove the amendments on First Reading. If the amendments are approved then a Second Reading will be scheduled for the next Regular City Council meeting. If the amendments are disapproved there will be no Second Reading and the current version of this ordinance will remain in effect.

There is no financial impact in amending the current version of the ordinance.

Staff recommends that the City Council conduct a public hearing and approve the attached proposed amendments to Section 2-207, BMCC, on First Reading.