7. Resolution 4866 - Local Government ReviewCity-w-r of Kalis ell
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Post Office Box 1997 -Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
REPORT TO: Honorable Mayor and City Council
FROM: Chris A. Kukulski, City Manager
SUBJECT: Resolution 4866 — Local Government Review
MEETING DATE: March 1, 2004
BACKGROUND: At the June 8th primary election, voters will be asked whether they wish to
have the current form of government evaluated. The Local Government Review was initiated in 1972
with the first review conducted in 1974. Required every ten years, the Local Government Review
election asks voters to decide if they want to elect a study commission to review the local
government. If a majority of the electors vote in favor having a study commission, members will be
elected at the November 2nd general election. Resolution 4866 calls for the review election to be
placed on the primary election ballot, June 8, 2004. Attached are questions and answers on Local
Government Review and a Local Government Review Calendar.
RECOMMENDATION: The City Council approve Resolution 4866.
FISCAL EFFECTS: Election costs.
ALTERNATIVES: As suggested by Council.
Respectively submitted,
C��
Chris A. Kukulski
City Manager
Report compiled February 25, 2004
RESOLUTION NO.4866
A RESOLUTION TO SUBMIT TO THE ELECTORS OF THE CITY OF KALISPELL ON
,TUNE 8, 2004 A PROPOSAL TO CREATE A LOCAL GOVERNMENT STUDY
COMMISSION TO REVIEW THE FORM OF THE CITY GOVERNMENT OF
KALISPELL; SAID COMMISSION TO CONSIST OF FIVE (5) ELECTED MEMBERS;
ALL PURSUANT TO TITLE 7, CHAPTER 3, PART 1, M.C.A., AND TO DIRECT PROPER
NOTICE OF SAID ELECTION TO BE MADE.
WHEREAS, regular local government reviews are mandated by Article XI, Section 9 of the 1972
Montana State Constitution; and
WHEREAS, pursuant to MCA 7-3-171 et seq. every ten years the voters of the City are asked to
determine if they want a study commission to review the form of the city
government; and
WHEREAS, if a majority of the electors vote in favor of having a study commission to examine
the form of local government, the members of the study commission will be elected
at the November 2, 2004 general election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. The City of Kalispell hereby calls for an election by the qualified and
registered electors of the City of Kalispell, pursuant to Section 7-3-175, to create a local
government study commission for the purpose of conducting a review of the government of
the City of Kalispell.
SECTION It. That the election on the question of creating a study commission shall be
held on June 8, 2004, and that the question as submitted to the voters shall appear in the
ballot as it appears in Exhibit "A" attached hereto and made a part hereof.
SECTION HI. That if the qualified and registered electors of the City of Kalispell vote to
review local government, a study commission consisting of five (5) members shall be elected
from the electors of the City of Kalispell.
SECTION IV. The City Clerk and City Attorney are hereby authorized and directed to
make the necessary provisions for submitting the question to the registered electors at the
next primary election to be held on the 8th day of June, 2004. The authorization herein given
shall include, but not be limited to, preparation of legal notices, publication and posting and
preparation of the proper ballots.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 1ST DAY OF MARCH, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
OFFICIAL BALLOT
CITY OF KALISPELL — VOTER REVIEW
INSTRUCTION TO VOTERS: Make an X or similar mark in the vacant square before
the word "FOR" if you wish to vote for the review of local government; if you are opposed to the
review of local government make an X or similar mark in the square before the word "AGAINST".
Statement of Impact, subject to 15-10-425, of the approval of the voter review of local
government: residences valued at $100,000 and $200,000 would be assessed approximately $3.30
and $6.60, respective, in additional property taxes in each tax year.
Shall the City of Kalispell conduct a local government review and establish a study
commission consisting, of five (5) members to examine the government of the City of Kalispell?
[ ] FOR the review of the government of the City of Kalispell,
the establishment of a local government study commission consisting
of five (5) members funded by a levy, for each fiscal year the study
commission is in existence, of up to 1 mill in excess of all other mill
levies authorized by law for the support of the study commission and
it's examination of the government of the City of Kalispell and
recommendations thereon.
[ ] AGAINST the review of the government of the City of
Kalispell, the establishment of a local government study commission
consisting of five (5) members funded by a levy, for each fiscal year
the study commission is in existence, of up to 1 mill in excess of all
other mill levies authorized by law for the support of the study
commission and it's examination of the government of the City of
Kalispell and recommendations thereon.
Questions and Answers on Local Government Review
Q. What is the Local Government Review election?
A. Established in 1974, the Local Government Review election is to be held by each
city and county government every 10 years. if your city or county government has
held a Local Government Review election anytime after the 1994 general election until
now, please contact the Secretary of State's Office at (406) 444-5346 for information.
Q. Does the Local Government Review election apply only to city governments?
A. No, local governments have been defined to include both city and county
governments.
Q. Is it a requirement that the governing body call for a local government review?
A. Yes. As required under 7-3-173(2), MCA, "The governing body shall call for an
election, to be held on the primary election date, on the question of conducting a local
government review and establishing a study commission...." A governing body shall
call for an election on Local Government Review by March 25, 2004,
Q. What exactly will voters be asked to decide at the June 8 Primary?
A. The ballot language is to be substantially as follows, under Section 7-3-175, MCA:
[] FOR the review of the government of (insert name of local government) and the
establishment of a local government study commission consisting of (insert number of
members) members to examine the government of (insert name of local government)
and submit recommendations thereon.
[] AGAINST the review of the government of (insert name of local government) and
the establishment of a study commission,
If a majority of the voters who choose to vote on the review cast their votes in the
affirmative, the review will pass.
Q. What happens if a voter can vote in the county election, but not in the city election?
A. Because the local government review election is for cities and counties, an elector
may be required to vote up to two times on whether to hold a local government review
election (once for the county of residence and once for the city of residence). A
procedure for verifying the elector's city of residence will probably be necessary. You
may want to include training on this procedure with your election judges.
Q. Do we have to report the results to the Secretary of State's Office?
A. According to Section 7-3-174(2), MCA, the election administrator shall report the
results of all elections conducted under 7-3-17t through 7-3-193 to the secretary of
state within 15 days of the date the results become official. The report will have to be
filed after the primary election, and after the general election if there is one.
Q. How many commission positions will be open after the primary, if the voters
choose to have a commission?
A. Under Section 7-3-177, MCA, the study commission shall consist of an odd
number of not less than three Members unless the local governing body by resolution
declares that a larger number shall be elected.
Q. When will candidate filing open and close?
A. Candidate filing will open on the date that the primary canvass is official, and will
close August 19, 2004, 75 days before the general election.
Q. How will we get the fortes for nomination for the candidates?
A. The Secretary of State's Office will send them after the primary election.
Q. Is this a partisan election? Will there be a primary? Are filing fees required?
A. According to Section 7-3-176, MCA, the election is a nonpartisan election, there
will be no primary election, and there are no filing fees.
IN
Local Government Review Calendar
DATE ACTION MCA
SECTION
March 25, 2004 Deadline for governing bodies to call 7-3-173(2)
for local government review
June S, 2004 Primary Election
Citizens vote on whether or not they 7-3-173(2)
want to conduct local government
review
No later than Results canvassed and returned as 7-3-174(1)
June 15, 2004 provided in Title 13; beginning of
commissioner candidate filing
June 30, 2004 Deadline for results to be delivered to 7-3-174(2)
the Secretary of State (within 15 days
of the date that the results become
official)
August 19, 2004 If citizens vote in favor of review on 7-3-176(2)
June 8th -- Last day for commission
candidates to file declaration of
nomination by 5:00 p.m. (75 days
before election)
**No filing fee
**Nonpartisan declaration
**No primary
November 2, 2004 General Election
Election for study commissioners 7-3-176
No later than Results to be canvassed and returned 7-3-174(1)
November 9, 2004 as provided in Title 13
November 24, 2004 Deadline for results to be delivered to 7-3-174(2)
the Secretary of State (within 15 days
of the date that the results become
official)
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