Montana Voter Review

Frequently Asked Question (PDF)

According to 7-3-173, MCA, ALL county and municipal governments must pass a resolution every ten years that calls for an election on the question of conducting a local government review and establishing a study commission. This resolution must be passed and submitted to the County Elections Administrator by March 10, 2014, and the question will subsequently appear on the ballot at the primary election held on June 3, 2014.  The ballot language is mandated by 7-3-175, MCA . 

If the voters decide in favor of conducting a local government review, the study commissioners will be elected during the general election on November 4, 2014 pursuant to 7-3-176, MCA.  After the study commission completes its work, their proposed changes will be placed on the ballot for the voters to decide in the general election in November 2016.

The resolution calling for the election must specify the number of members to be elected and must include the dollar amount OR number of mills that will be permissively levied to fund the activities of the Study Commission.  Statute used to specify that 2-mills would be levied but that provision was amended in 1999 to make the levy "subject to 15-10-420", which meant that the study commission had to be funded out of existing sources.  That provision was repealed in 2007 and language was added to say: "the local government may levy mills in excess of all other mill levies authorized by law to fund the appropriation for the support of the study commission". The amount to be included in the Resolution and Ballot language may be locally determined and is outside of your 15-10-420 levy limit.  Any money remaining in the Study Commission Fund at the end of the two year cycle reverts to the municipality's general fund.

Sample Municipal Resolution (Word docx)

Sample County Resolution (Word docx)

   

To assist you in developing a budget, here are some thoughts on how to determine the dollar amount to include in the resolution:

• When deciding the dollar amount to include in the ballot, the statute says "OR" .  So choose either a dollar amount or a mill value but NOT both. 
• Number of study commissioners - In 2004, the typical study commission size was 3-5 members.  Missoula County and City of Missoula both had 7 and the largest commission was Butte/Silverbow at 9. Several smaller communities elected 5 commissioners (i.e. Walkerville, Virginia City and Sunburst) while some larger communities had only 3 commissioners (i.e. Dillon, Whitefish, Livingston). Five commissioners is a good size.  It could become overwhelming for 3 volunteers to meet the demands and expectations of the review process and 7-9 could become unwieldy and a challenge to manage. See 7-3-177, MCA for more information on the composition of the study commission.
• Annual budget - when the commissioners take office 10 days after they have been elected/appointed, 7-3-179, MCA, they will need to prepare an annual budget to support their deliberations.  Make sure you have appropriated sufficient funds for Study Commission expenses in the FY14/15 budget for the duration of the voter review cycle (2014 - 2016).
• When calculating the expenses, we highly recommend that you budget for the cost of sending the Study Commission to the Local Government Review Study Commission Workshop, December 8-9, 2014, which will provide training on the role and scope of the study commission. Registration Fee - $250 for each commissioner which includes a study commission handbook and resource material, lunch and a reception on Day 1 and breakfast and a boxed lunch on Day 2.  The cost of travel, lodging and per diem is the responsibility of each local government.  
• The Local Government Center will consider offering a  one-day regional training for study commissioners in the fall of 2015.  A nominal registration fee and travel expenseswill be associated with this training.   
• In addition to the number of Study Commissioners, you will need to appoint an ex-officio member to represent the city/town and to liaise with the commission. This person is encouraged to participate in all trainings and should be included in the calculations when determining the dollar/mill value.
• Include a budget for 2 separate elections: 1) the election of study commissioners; 2) the adoption by the voters of the alternative form or plan of government recommended by the study comission.
• Include printing costs for reports, clerical support, community open houses, community surveys, etc.

In summary, if you have 5 commissioners + 1 ex-officio member you will need to budget for the following:

1.      Roundtrip mileage from your city/town to Bozeman, meals (state rate), registration ($250/ea), hotel ($100/ea/night 1-3 nights depending on distance) for each commissioner;

2.      The cost for additional training/consultants (1/2 day rate at $450 + travel for LGC staff);

3.      The cost of 2 general elections;

4.      Printing cost for reports, community open houses, community surveys, administrative support, etc. 

Any money remaining in the Study Commission Fund at the end of the two-year cycle reverts to the county or municipality's general fund.  A total of $1.73 million was unused by city and county study commissioners 10 years ago and was absorbed into their respective general funds.

Alternate Forms of Government

Commission Executive Form of Government

Commission Manager Form of Government

Charters adopted by Montana Local Governments 

County Charters

Anaconda - Deer Lodge

Butte - Silver Bow

Fergus

Municipal Charters

December 8-9, 2014 - Study Commissioner Workshop hosted by the MSU Local Government Center. The training will be held at a location TBD in Bozeman, and will run from noon on Monday, December 8, to noon on Tuesday, December 9.

The agenda includes the following topics:

• Issues Confronting Montana's Local Governments
• Local Government Forms and Powers
• Break-out sessions to discuss the Structures, Powers, Strengths and Challenges of Alternative Forms of Local Government
  • County Commission Form
  • Commission-Executive Form
  • Commission-Manager Form
• An overview of Study Commission Procedures and Study Techniques
• Why and How to Write a Charter
• Service Consolidation Issues and Supplementary Reports
• Report Writing
• Voter Review: Lessons Learned from 2004 (a panel discussion with former study commissioners)

Additional training opportunities such as a one-day regional training for study commissioners in the fall of 2015 will be posted at a later date. The Local Government Center will also be available to provide local training during the review process at a 1/2 day rate of $450 plus travel expenses.