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14. Ordinance 1473 - Placing City Charter on November Ballot - 1st ReadingCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney Chris Kukulski, City Manager Tel 406.758.7708 Fax 406.758.7771 charball@kalispell.com : 1 11111111 191 �1; I I W, BACKGROUND: The matter of the City electing to become a selfgoverning entity has been an issue debated by its citizens since 1972 when the Montana Constitution was revamped and specifically created this possibility for local governments. Prior to 1972 all local governments were "general powers" entities which derived their scope of authority solely from the parameters provided by the statutes of the state. Since the advent of the new State constitution, many cities and most first class cities in Montana have created and adopted charters (constitutions) which define the governmental structure of the city as well as the scope of authority given to the city government. In 1986 the Kalispell local government review study commission recommended that the City adopt a charter and become a self governing city but the recommendation failed to make it onto the ballot. In 1989 a ballot measure was placed before the City voters proposing that the City adopt the statutory general powers Manager/Commission form of government hut with some significant differences in form from the statutory structure [e.g. nine council members rather than five and with the City Attorney appointed by the Council rather than hired by the Manager]. This ballot measure was passed by the voters and the City therefore adopted this hybrid general powers form of government. In 1996 another Kalispell local government review study commission recommended that the City adopt a charter that proposed some substantial changes to its form of government, largely along the lines of becoming a selfgoverning city but conforming more closely to the statutory design of the Manager/Commission form of government. This measure failed on the ballot. City Charter Memorandum July 1, 2003 Page - 2 The question of the adoption of a city charter continues to be discussed and is now before Council. The current form of the Kalispell City government is a hybrid that really does not conform to any statutory design. The City has no charter and is, specifically by the 1989 voter's choice, a general powers government with no further authority than that defined by state law. The Manager/Commission form of governmental structure approved by the voters in 1989, on the other hand, does not comply with Manager/Commission form of governmental structure as defined by state law. This may be seen by some as creating ambiguity and perhaps exposure to the question of validity of governmental action. Therefore Council directed its City Manager to cause a draft charter to be created that would set to or and define the City's current form of government such that the City would gain a Charter and thereby become a selfgoverning city and yet change nothing of the governmental mechanism or scope of authority that currently exists. This would have the effect of "legitimizing" our current governmental structure while creating the opportunity for the citizens in the future, with the aid of local governmental study commissions, to review and amend the City government. With direction from Council, the City Manager has consulted with citizen and business groups and with experts in the field of local government. This has resulted in a m to the election of City voters. JUT r G 4 11111,-1 Wool langes U; KUM WITU um &M�� ballot for consideration by City voters. FISCAL EFFECTS: None. Respectfully submitted, Charles Harball, City Attorney Chris Kukulski, City Manager Office of City Attorney City of Kalispell ORDINANCE NO. 1473 AN ORDINANCE PLACING A PROPOSED CITY CHARTER ON THE NOVEMBER 4, 2003 REGULAR ELECTION BALLOT AND DECLARING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 7-3-103 Montana Code Annotated, the City Council may, by ordinance, propose a self-government charter to be submitted to the electors at the next regular election; and WHEREAS, the City Council finds that it is in the best interests of the City of Kalispell that the electors of the City consider and vote upon the adoption of a self-government charter that manifests the governmental mechanisms that currently exist in the Kalispell City government and that gives the citizens of Kalispell the greatest voice in directing the future of City government. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. A proposed City Charter, attached hereto as Exhibit "A" and fully incorporated herein by this reference, shall be placed on the November 4, 2003 Regular Election Ballot for City electors to approve or disapprove. SECTION 2. The form of the ballot measure shall be set forth in the form attached hereto as Exhibit `B". SECTION 3. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 21 st DAY OF JULY, 2003. Pamela B. Kennedy Mayor Attest: Theresa White City Clerk EXHIBIT "A" WE, THE PEOPLE OF THE CITY OF KALISPELL, COUNTY OF FLATHEAD, STATE OF MONTANA, having considered the form of government which will best inspire our citizens to improve the quality of living for this and future generations, and which empowers them to participate fully in the process of governing themselves, while balancing individual rights with the needs of all the people, do hereby adopt this charter in accordance with Article XI, Section 5 of the Constitution of the State of Montana. pal CITIZEN INVOLVEMENT IN GOVERNMENT Section 1.01 ► Initiatives, Referendums and Recall The qualified electors of the City of Kalispell may exercise the powers of initiative, referendum and recall as guaranteed by the Constitution and laws of Montana. Section 1.02 ► Open Government All records of the City of Kalispell, including the City Council and all boards, councils, committees shall be open to the public as provided by Montana law. All meetings of such bodies shall be publicly announced in advance and shall be open to the public as provided by Montana law. Section 1.03 ► Citizen Involvement The City Council may establish and appoint persons to boards, councils, committees, commissions and other bodies of an advisory or substantive nature to assist the City Council in the exercise of its duties. The City of Kalispell encourages citizens to participate in these bodies by serving as members, attending meetings and other similar methods. Section 1.04 ► Government Review by the Citizens The right of the citizens of Kalispell to propose alterations of the City's governing structures and powers by the initiative process, and to amend or abolish this Charter through the decennial election of a Voter Review Study Commission is guaranteed by this Charter and the Constitution and laws of Montana. KALISPELL CITY CHARTER — Page I of 9 ARTICLE II CITY AUTHORITY Section 2.01 ► Authority of the City 1. All self-governing powers and authority under this Charter are vested in the people of Kalispell acting through their elected City Council. 2. The self-government powers and authority of the City shall be liberally construed. Every reasonable doubt as to the existence of a City power or authority shall be resolved in favor of the existence of that power or authority. 3. As provided by Article XI, Section 5 of the Constitution of Montana, provisions herein establishing executive, legislative and administrative structure and organization are superior to statutory provisions. 4. As provided in Article XI, Section 7 of the Constitution of Montana, the City is encouraged to cooperate with Flathead County and other governmental units through the use of inter -local agreements to increase the efficiency of governmental services to the citizens. Section 2.02 ► Restrictions on City Powers 1. No increase in any property tax mill levy in excess of that of Montana municipal governments with general powers shall be imposed, except with the prior approval of the electors of the City voting on the question in a general or special municipal election. 2. No increase in any City license fee, user fee or utility charge shall be made without conducting a public hearing. ARTICLE III LEGISLATIVE BRANCH Section 3.01 ► City Council The legislative branch of the City shall be the City Council, which shall be the governing body of the City. KALISPELL CITY CHARTER — Page 2 of 9 Section 3.02 ► Composition The City Council shall consist of nine elected members, eight of whom shall be elected by ward and one of whom shall be the Mayor who shall be elected at large. Section 3.03 ► Qualifications for Office Every resident of the City of Kalispell who is 18 years of age or older, a citizen of Montana and who has resided within the city limits of the City of Kalispell for more than one year is eligible to hold the office of Council Member (Councilor) or Mayor unless the individual is serving a sentence for a felony in a penal institution or is of unsound mind, as determined by the Court. Section 3.04 ► Term of Office Members of the Council shall be elected to four year, overlapping terms of office and the Mayor shall be elected to a four year term of office. Section 3.05 ► Election of Council Members 1. The election of Council members shall be conducted on a nonpartisan basis. There shall be four wards (council districts) apportioned by population following every federal decennial census such that each ward shall be as nearly equal in population as is practicable. Each ward shall be represented by two council members. Candidates for the City Council must reside in the ward they seek to represent at the time of their election and during their entire term of office. One council member from each of the four wards shall be elected every two years. 2. The Mayor shall be elected at large on a nonpartisan ballot. Section 3.06 ► Vacancy in Office 1. The office of Councilor becomes vacant upon his or her death, resignation, removal from office in any manner authorized by law, or forfeiture of his or her office. 2. A Council Member shall forfeit their office by losing their eligibility for election to their council seat, by violating any express prohibition of this charter, by being convicted of a felony or, without council approval, by failing to attend three consecutive regularly scheduled Council meetings. Section 3.07 ► Removal from Office A Councilor or the Mayor may be removed from office by a finding, adopted by the affirmative vote of five councilmen, that the office has become vacant as prescribed by law or by the recall of the Councilor or the Mayor by the electors of Kalispell, as prescribed by law. KALISPELL CITY CHARTER — Page 3 of 9 Section 3.08 ► Filling Vacancy on Council When a vacancy occurs in the office of Councilor or Mayor, the position shall be considered open and subject to nomination and election at the next general municipal 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 council shall appoint within 30 days of the vacancy, by the affirmative vote of five council members, a person possessing the qualifications for office required by this Charter to hold the office until the successor is elected and qualified. Section 3.09 ► Duties and Responsibilities 1. The Council shall be the legislative and policy -making body of the City. All governing powers of the City shall be vested in the City Council, except as otherwise provided by law or this Charter and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed upon the City by law or this Charter. 2. All members of boards, other than temporary advisory committees established by the City Manager, shall be appointed by the Council. The appointment process shall be prescribed by Council resolution. 3. The chairman of the Council and its presiding officer shall be the Mayor who shall vote as other members of the Council. In the absence of the Mayor, the Council shall select, from its own number, a person to serve as acting chairman and presiding officer. 4. The Mayor shall be recognized as the principal officer of city government for ceremonial purposes and shall have no other executive or administrative duties. Section 3.10 ► Legislative Action A quorum of not less than five Council members must be present when official actions are taken by the Council. The affirmative vote of five members of the Council shall be required for all official actions of the Council. Section 3.11 ► Procedure The Council shall, by resolution, establish its rules of procedure and time and place of meetings. Section 3.12 ► Compensation The compensation of the Council shall be set by ordinance. KALISPELL CITY CHARTER — Page 4 of 9 ARTICLE IV EXECUTIVE BRANCH Section 4.01 ► City Manager The City Manager, who shall be the chief executive and chief administrative officer of the City, shall be appointed by the Council for an indefinite term on the basis of merit only and may be removed only by the affirmative vote of five members of the Council. Section 4.02 ► Duties of the City Manager The City Manager shall: 1. enforce laws, ordinances, resolutions and this Charter; 2. perform the duties required by law, ordinance, resolution, or this Charter; 3. administer the affairs of the city government; 4. direct, supervise, and administer all departments, agencies, and offices of the city except as otherwise provided by law, ordinance, or this Charter; 5. carry out policies established by the Council; 6. prepare the Council agenda; 7. recommend measures to the Council; 8. report to the Council on the affairs and financial condition of the city government; 9. execute bonds, notes, contracts, and written obligations of the Council, subject to the approval of the Council; 10. report to the Council as the Council may require; 11. attend Council meetings and may take part in the discussion, but may not vote; 12. prepare and present the budget to the Council for its approval and execute the budget adopted by the Council; 13. appoint, suspend, and remove all employees of the city except as otherwise provided by law, ordinance or this charter; 14. appoint members of temporary advisory committees established by the City Manager. KALISPELL CITY CHARTER — Page 5 of 9 Section 4.03 ► City Manager's Supervisory Authority Employees appointed by the City Manager and his or her subordinates shall be administratively responsible to the City Manager. Neither the Council nor any of its members may dictate the appointment or removal of any employee whom the City Manager or any subordinates are empowered to appoint. Except for the purpose of an inquiry or investigation ordered by a majority vote of the Council, the Council and any of its members and the Mayor shall deal with the city employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor its members nor the Mayor may give orders to any such employee, either publicly or privately. Section 4.04 ► Compensation The compensation of the City Manager shall be set by the City Council. Section 4.05 ► City Attorney 1. There shall be a chief legal officer of the city, appointed by either the Mayor or the City Manager pursuant to the will of the electors on the November 4, 2003 City Election Ballot Referendum No. 100 and with the consent of the Council, who shall serve as legal advisor to the Council, the City Manager, and all city departments, offices, and agencies. The chief legal officer shall represent the City in all legal proceedings unless otherwise determined by the Council, and shall perform any other duties prescribed by ordinance. 2. The chief legal officer, who may be called the City Attorney, shall be supervised by the City Manager and shall have the status of a department head, except that he or she may not be removed or suspended by either the Mayor or the City Manager, depending upon the will of the electors on the November 4, 2003 City Election Ballot Referendum No. 100, without the consent of the Council. 3. After the determination of the November 4, 2003 City Election Ballot Referendum No. 100 has been made, this Charter shall be published to reflect such voter decision without reference to the referendum issue. Section 4.06 ► Administrative Departments Administrative departments, divisions, offices and other administrative entities shall be subject to the control and supervision of the City Manager and shall be established by ordinance. KALISPELL CITY CHARTER — Page 6 of 9 JUDICIAL BRANCH Section 5.01 ► Municipal Court There shall be a municipal court and elected Municipal Judge as prescribed by Montana law. GENERAL PROVISIONS Section 6.01 ► Amendment of Charter This Charter may be amended only as prescribed by Montana law. (1) An amendment to the Charter may only be made by submitting the question of amendment to the electors of the City. To be effective, a proposed amendment must receive an affirmative vote of a majority of the electors voting on the question. An amendment approved by the electors becomes effective on the first day of the City's fiscal year following the fiscal year of approval unless the question submitted to the electors provides otherwise. (2) An amendment to the Charter may be proposed by initiative by petition of 15% of the electors registered at the last general election of the City or by ordinance enacted by the City Council. The question on amendment of the Charter must be submitted to the electors at the next regular or primary election. Section 6.02 ► Oath of Office Before assuming the duties of office, all elected city officials shall take and subscribe to the oath of office as prescribed in Article III, Section 3 of the Constitution of Montana. Section 6.03 ► Effective Date This Charter shall become effective on July 1, 2004. Section 6.04 ► 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. KALISPELL CITY CHARTER — Page 7 of 9 ARTICLE VII Section 7.01 ► General Transition Transition to this charter form of government shall be as prescribed by law. The City Council shall provide for such transition with an advisory plan consistent with law. The provisions of this transition article shall not be published as part of the Charter after January 1, 2005. Section 7.02 ► Continuation in Office 1. No current city employee shall lose employment solely because of the adoption of this Charter. 2. All persons holding elective office at the time this Charter is adopted may continue in office until the expiration of their terms of office and their successors are elected, qualified and sworn into their respective offices. Section 7.03 ► Review of Existing Ordinances All ordinances, resolutions and rules of the City of Kalispell shall remain in effect until reviewed, continued, revised or repealed by the City Council. The City Council shall cause to be reviewed and, where necessary, revise or repeal city ordinances, resolutions and rules to provide for compliance and consistency with this Charter and state law no later than December 31, 2004. KALISPELL CITY CHARTER — Page 8 of 9 We, the Mayor and the members of the Kalispell City Council, do hereby certify that this is the official proposed plan of government for the City of Kalispell, approved by the Kalispell City Council. SEAL In testimony thereof, we set our hands. Done at Kalispell, Montana this _day of July, 2003. ATTEST: City Clerk Mayor Council Member Ward 3 Council Member Ward I Council Member Ward 3 Council Member Ward I Council Member Ward 4 Council Member Ward 2 Council Member Ward 4 Council Member Ward 2 KALISPELL CITY CHARTER — Page 9 of 9 City of Kalispell Self -Government Charter Ballot Measure Vote for one: ❑ FOR adoption of the self-government charter proposed for the City of Kalispell by the Kalispell City Council.