7. Ordinance 1473 - City Charter - November Ballot - 2nd ReadingCharles A. Harball
City Attorney
City of Kalispell
Office of City Attorney
312 First Avenue East
P.O. Box 1997
Kalispell, NIT 59903-1997
NY) WHOWLAINNI
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
SUBJECT: Ordinance 1473 — City Charter 2nd Reading
MEETING DATE: Monday, July 21, 2003
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
BACKGROUND: Ordinance 1473 to place a City Charter before the city voters
on the November 4, 2003 ballot was passed on first reading on July 7, 2003. Some concerns
were expressed in Council discussions at that time regarding the question of community
support for a charter put forth by the City Council rather than by citizen initiative or study
commission. At that time the Kalispell Chamber of Commerce issued its determination
that it could not support the issue without certain questions answered. In the last two
weeks, city staff worked to address the issues raised and to ensure that the charter to be
placed before the voters is crafted not to change any mechanisms of our current city
government but rather to define our current governmental structure within a charter
declaring self-governing authority. As a result of these communications, the Kalispell
Chamber of Commerce has now issued a Resolution in Support of the Proposed City
Charter dated July 7, 2003.
RECOMMENDATION: Council should consider passing Ordinance 1473 on second
reading so that the process of informing the public of the contents of the proposed charter
may begin. Council needs to be aware that this process is designed to educate and inform
the voters but does not have the purpose of taking public input for changing or amending
the proposed charter in any way. The charter, in the form it leaves Council on second
reading, is the document that must go on the ballot.
FISCAL EFFECTS: None anticipated
Respectfully su tted
Charles ffarbavcity Attornev Chris Kukulski, City Manager
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" DAY OF JULY, 2003.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk
E
•
t�fis Area Chamber of Commerce
RESOLUTION
SUPPORT OF THE PROPOSED CITY CHARTER DATED JULY 7, 2003
Whereas, the Kalispell Chamber supports the concept of a City Charter
(constitution) which defines the governmental structure of the city as well
as the scope of authority given to the city government; and,
Whereas, many cities and most first class cities in Montana have created and
adopted charters; and,
Whereas, the proposed charter sets to words and defines the City's current form of
government such that the City would gain a Charter and become a self-
governing city and yet change nothing of the governmental mechanism or
scope of authority that currently exists; and,
Whereas, the proposed charter includes language requested by the Chamber
guaranteeing citizen review of local government in Section 1.04 that reads,
"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 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";
and,
Whereas, the proposed charter also includes language requested by the Chamber
encouraging City/County cooperation, which is a goal of the Kalispell
Chamber, in Section 2.01 (4) that reads, "Authority of the City. As
provided by Article XI, Section 7 of the Constitution of Montana, the City
is encouraged to cooperate with Flathead County and other government
units through the use of inter -local agreements to increase the efficiency of
governmental services to the citizens"; and,
Whereas, the proposed charter further includes language requested by the Chamber
restricting the power of City government to increase taxes in Section 2.02
that reads, "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 questions in a general or special
15 Depot Park • Kalispell, MT 59901
(406) 758-2800 • Fax (406) 758-2805 - Email: chamber@digisys.net • www.kalispellchamber.com
municipal election. 2. No increase in any City license fee, user fee or
utility charge shall be made without conducting a public hearing";
Now, therefore, the Board of Directors of the Kalispell Area Chamber of Commerce
resolves to support the City Charter approved by the Kalispell City Council on first
reading July 7, 2003, and proposed for the ballot on November 4, 2003.
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UntOteiner, President
Area Chamber of Commerce
EXHIBIT "A"
PREAMBLE
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.
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 H
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 HI
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 governinent 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
ARTICLE V
JUDICIAL BRANCH
Section 5.01 ► Municipal Court
There shall be a municipal court and elected Municipal Judge as prescribed by Montana law.
ARTICLE VI
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 No, 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
TRANSITION PROVISIONS
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
Exhibit "B"
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.
❑ FOR the existing form of government.