CHARTER

                                                                           OF

                                            BROADWATER COUNTY, MONTANA

 

                                                                   PREAMBLE

 

WE, THE PEOPLE OF BROADWATER COUNTY, STATE OF MONTANA, in accordance with Article XI, Section 5 of the Constitution of the State of Montana, do hereby adopt this Charter.

 

                                                                    ARTICLE I

                                                    POWERS OF THE COUNTY

 

Section 1.01 Powers of Broadwater County

 

Broadwater County shall have all powers not prohibited by the Constitution of the State of Montana, the laws of Montana, or this Charter.

 

Section 1.02 Interpretations of Powers

 

The self government powers and authority of this government shall be liberally construed.  Every reasonable doubt as to the existence of a county power or authority shall be resolved in favor of the existence of that county power or authority.

 

Section 1.03 Restrictions on Powers

 

            1. The property tax mill levy shall be limited to that of Montana county governments with general government powers, except with the prior approval of a majority of the electors voting on the question in a general or special election.

 

2. No increase in any county license fee, user fee or utility charge shall be made without conducting a public hearing, as required by law.

 

Section 1.04 Charter Supremacy

 

As provided by Article XI, Section 5 of the Constitution of the State of Montana, provisions herein establishing executive, legislative and administrative structure and organization are superior to statutory provisions.

ARTICLE II

LEGISLATIVE BRANCH

 

Section 2.01 Legislative Body

 

The elected legislative body of Broadwater County shall be the board of county commissioners, which shall have the power to set policy by adoption of lawful ordinances and resolutions.

 

Section 2.02 Governing Body

 

The governing body of Broadwater County shall be the board of county commissioners, which may be called the county commission or the commission.

 

Section 2.03 Composition

 

The board of county commissioners shall be composed of three (3) commissioners.

 

Section 2.04 Qualifications for Office

 

Every resident of Broadwater County who is 18 years of age or older, a citizen of Montana and a qualified elector pursuant to Article IV, Section 2 of the Montana Constitution is eligible to hold the office of commissioner for the district in which he or she resides.

 

Section 2.05 Term of Office

 

Members of the commission shall be elected for six (6) year, overlapping terms of office.  One commissioner shall be elected every two years.

 

Section 2.06 Election

 

            1. Elections of county commissioners shall be conducted on a nonpartisan basis. 

2.  Commission members shall be elected at large but nominated by commissioner district in which the candidate must reside in for at least two years previous to the time of his or her election and during their entire term of office. 

 

Section 2.07 Division of the County into Commissioner Districts

 

Following each federal decennial census the commission shall cause Broadwater County to be divided into three commissioner districts, as compact and equal in population and area as possible.

 

Section 2.08 Vacancy in Office

 

The office of commissioner becomes vacant as prescribed by law.

 

Section 2.09 Removal from Office

 

A commissioner may be removed from office as prescribed by law or by the recall of the commissioner by the electors of Broadwater County, as prescribed by law.

 

Section 2.10 Filling Vacancy on Commission

 

When a vacancy occurs in the office of commissioner, the position shall be considered open and subject to nomination and election at the next general county election, except the term of office shall be limited to the unexpired term of the person who originally created the vacancy.  Pending such election the commission shall appoint, by the affirmative vote of two (2) commission members, a person possessing the qualifications for office required by law and this Charter within 60 days of the vacancy to hold office until the successor is elected and qualified.

 

Section 2.11 Chairman of the Commission

 

The commission shall have a chairman who shall be elected by the members of the commission from among their own number for a term established by resolution. The chairman of the commission shall be its presiding officer and shall vote as other commissioners. Each county commissioner must serve as chairman for at least two years of their six year term.

 

Section 2.12 Powers and Duties

 

All powers of the County shall be vested in the county commission except as otherwise provided by law or this Charter, and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the County by law.   

 

Section 2.13 Rules of Procedure

 

The commission shall establish its rules of procedure and time and place of meetings by resolution.  There shall be a minimum of one commission meeting of record each month that is properly noticed and with a published agenda. There shall be a minimum of one meeting per quarter conducted in the evening after standard office hours.

 

 

Section 2.14 Legislative Action

 

The adoption of any resolution or ordinance by the commission shall require the affirmative vote of not less than (2) two commission members.

 

Section 2.15 Compensation

 

The compensation of commission members shall be set by resolution of the commission.

 

 

                                                                   ARTICLE III

                                                         EXECUTIVE BRANCH

 

Section 3.01 Executive and Administrative Functions

 

The chief executive and chief administrative powers and functions of Broadwater County government shall be vested in the three members of the county commission. 

 

Section 3.02 Powers and Duties

 

The board of county commissioners shall:

 

            1. enforce laws, this Charter, ordinances, and resolutions and carry out policies established by the commission;

            2. perform the duties required by law, Charter, ordinance, or resolution;

            3. administer the affairs of Broadwater County government;

            4. direct, supervise, and administer all departments, agencies, and offices of the Broadwater County government except as otherwise provided by law, ordinance or this Charter;

            5. prepare a commission meeting agenda;

            6. execute bonds, notes, contracts, and written obligations of the county;

            7. prepare, adopt and administer the county budget;

            8. appoint all members of boards and committees;

            9. appoint and remove all department heads that are not elected, and appoint and remove all other employees not serving under elected department heads;

            10. exercise direct control and supervision of departments not headed by elected officials or boards.

 

                                                                             

 

 

 

 

ARTICLE IV

                                                   DEPARTMENT STRUCTURE

 

Section 4.01 Elected Department Heads - County Officers

 

The following county officers, who may be called elected department heads, who shall have the powers and duties prescribed by law, shall be elected:

 

            1. County Attorney/Public Administrator

            2. Sheriff/Coroner

            3. Clerk and Recorder/Treasurer/Superintendent of Schools/Assessor

            4. Clerk of District Court

                       

Section 4.02 Qualifications for Office

 

            1. Every resident of Broadwater County who is 18 years of age or older, a citizen of Montana and a qualified elector pursuant to Article IV, Section 2 of the Montana Constitution, is eligible for election to the office of an elected department head, enumerated in Section 4.01 above, except for the positions of county attorney and county superintendent of schools.

 

            2. Qualifications for the offices of county attorney and county superintendent of schools shall be those prescribed by law.

 

Section 4.03 Term of Office

 

Elected department heads shall be elected for a four (4) year term of office.

 

Section 4.04 Election

 

Elected department heads shall be nominated and elected at large on a non- partisan basis.

 

Section 4.05 Vacancy in Office

 

The office of an elected department head becomes vacant as prescribed by law.

 

Section 4.06 Removal from Office

 

An elected department head may be removed from office by a finding, adopted by the affirmative vote of two (2) commissioners, that his or her office has become vacant as prescribed by law or by the recall of the elected department head by the electors of Broadwater County, as prescribed by law.

 

Section 4.07 Filling Vacancy of Elected Department Head

 

When a vacancy occurs in the office of an elected department head, the position shall be considered open and subject to nomination and election at the next general county election, except the term of office shall be limited to the unexpired term of the person who originally created the vacancy.  Pending such election and qualification the commission shall appoint, by the affirmative vote of two (2) commission members, a person possessing the qualifications for office required by law and this Charter within 60 days of the vacancy to hold the office until the successor is elected and qualified.

 

Section 4.08 Consolidation of Offices

 

The commission shall have the authority in its discretion to consolidate or deconsolidate any two or more offices included in Section 4.01 above and combine the powers and duties of the consolidated offices and concurrent with terms of office.

 

Section 4.09 Organization of Other Departments

 

The organization of all other county departments shall be prescribed by ordinance.

 

Section 4.10 Compensation

 

The compensation of department heads shall be set by resolution of the commission.

 

ARTICLE V

JUDICIAL BRANCH

 

Section 5.01 County Courts

 

There shall be such county courts as prescribed by law.

 

 

ARTICLE VI

                                                       GENERAL PROVISIONS

 

Section 6.01 Amendment of Charter

 

This Charter may be amended only by the voters of Broadwater County, as prescribed by law.

 

 

 

Section 6.02 Effective Date

 

This Charter shall become effective on July 1, 2007

 

Section 6.03 Oath of Office

 

Before assuming the duties of office, all elected county officials shall take and subscribe to the oath of office as prescribed in Article III, Section 3 of the Constitution of the State of Montana.

 

 

Section 6.04 Right of Initiative and Referendum

 

The citizens of Broadwater County retain the right of initiative and referendum as provided by law and the Constitution of Montana.

 

Section 6.05 Recall

 

The elected officers of county government may be recalled by the qualified electors of Broadwater County as provided by law.  No person may be recalled for performing a mandatory duty of the office he or she holds or for not performing any act that, if performed, would subject him or her to prosecution for official misconduct.

 

Section 6.06 Severability

 

If any provision of this Charter is held invalid, the other provisions of this Charter shall not be affected thereby.  If the application of the Charter, or any part of its provisions, to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.

 

                                                                             

ARTICLE VII

STRATEGIC PLAN FOR BROADWATER COUNTY

 

Sec. 7.01 STRATEGIC PLAN

 

            A Strategic Plan will facilitate the future operation and efficiency of Broadwater County and add direction and stability with foresightedness. A Strategic Plan shall be developed and implemented for the people and by the people of Broadwater County and reviewed every five years.

 

 

 

 

Sec. 7.02 COMPONENT PLANS

 

A Strategic Plan would include all existing and potential plans such as the Growth Plan, Natural Resource Plan, Capital Improvements Plan and Fire Plan but not limited to these plans. This plan would be an all encompassing plan. The Growth Plan, required by the State, is not to be superseded by the Strategic Plan but shall be enhanced by the Strategic Plan.

 

 

ARTICLE VIII

                                                     TRANSITION PROVISIONS

 

Section 8.01 General Transition

 

Transition to this charter form of government shall be as prescribed by law.  The Broadwater County Study Commission shall provide for such transition with an advisory plan consistent with law.  Article VIII and its transition provisions, shall not be published as part of the Charter after July 1, 2008.

 

Section 8.02 Continuation in Office

 

No county employee currently holding a county office will lose employment solely because of the adoption of this Charter.  Elected officials holding office at the time this Charter is adopted may continue in office until the end of the term for which they were elected. 

 

Section 8.03 Review of Existing Ordinances

 

All county ordinances, resolutions and rules of Broadwater County shall remain in effect until reviewed, revised or repealed by the county commission.  The county commission shall review and, where necessary, revise or repeal all county ordinances or resolutions to provide for compliance and consistency with this Charter and state law no later than January 1, 2008.

 

Section 8.04 IMPLEMENTATION OF STRATEGIC PLAN

 

      The County Commissioners will establish a Strategic Plan Commission. This commission should consist of at least five members but not limited to five. At least one member shall be a county commissioner and/or appointed assistant. A Strategic Plan shall be developed and recommended by the Strategic Plan Commission and shall be adopted and implemented by the County Commissioners by June 30, 2008.