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 were most recently presented to the City Council during the January 22, 2013, work session. The Council directed staff to draft an ordinance and schedule a first reading and a public hearing.  Council held the public hearing and approved first reading of the ordinance at its February 25 meeting.  The ordinance 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 his/her duties. The proposed amendments correct that deficiency in section 2-207(2).The City Council may: Approve or Disapprove the amendments on Second Reading. If the Council approves the amendments on Second Reading the amended ordinance will become effective thirty (30) days thereafter (April 11, 2013) as provided by state statute. If the amendments are disapproved on Second Reading, 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 approve the attached amendments to Section 2-207, BMCC, on Second Reading.