E/07. Ordinance 1398 - Amendment to Administrative Ordinance 1166 - City Attorney - 2nd ReadingCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fa (406)758-7758
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
BACK GROUND:
Honorable Mayor and City Council
Chris A. Kukulski, City Manager
2nd Reading Ordinance 1398 Amending Ordinance 1166 Duties of the Mayor and
Appointment of the City Attorney
September 17, 2001
The sections ofOrdinance 1166 dealing with the Appointment, Duties and Removal of the City Attorney read
as follows:
Article I Elected Officials
Section 2-3 Duties of the Mayor
b. Appoint, with the consent of the City Council, all members of advisory boards and
commissions, and the City Attorney.
Article VIII City Attorney, Section 2-53 Appointment The City Attorney shall be appointed by the
City Council to a two year term, unless suspended or removed by the Council as provided by law.
Section 2-54 Duties
b. Draw on behalf of the City all contracts, Ordinances and Resolutions;
c. Advise the Manager and the Council on matters of duties, rights, liabilities, and powers
of the City;
Article IXRemoval of City Attorney and Manager
Section 2-55 Suspension or Removal of City Attorney or City Manager. The City Council by
majority vote of the whole Council may suspend or remove the City Attorney or City Manager only
after notice to the party and hearing before the Council.
Page 1 of 2
A majority of the Council has asked me to bring before the Council recommended changes to the
Administrative Code regarding the appointment of the City Attorney and who the City Attorney reports to.
A change in this regard would necessitate changes to the above listed Articles and Sections. Ordinance 1398
addresses the proposed changes per the July 16 Council workshop.
There have been no changes to this proposed ordinance between the first and second reading.
RECOMMENDATION: The City Council approve Ordinance 1398 on second reading.
FISCAL EFFECTS: No fiscal effect.
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
Chris A. Kukulski
City Manager
Report compiled September 12, 2001
Page 2 of 2
NO. 1398
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, KALISPELL
MUNICIPAL CODE BY AMENDING ORDINANCE 1166, § 2-3 AMENDING THE
DUTIES OF THE MAYOR; § 2-23 AMENDING THE REVIEW OF ORDINANCES,
RESOLUTIONS AND CONTRACTS; 2-53 AMENDING THE APPOINTMENT OF THE
CITY ATTORNEY; § 2-54 AMENDING THE DUTIES OF THE CITY ATTORNEY AND;
AUTHORIZING THE CITY ATTORNEY TO RECODIFY §§ 2-3, 2-23, 2-53, 2-54
IN ACCORDANCE WITH THIS ORDINANCE AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. That Ordinance No. 1166, § 2-3 (§ 2-3,
Kalispell City Code) is hereby amended to read
as follows:
MAYOR
The Mayor shall:
a) Preside at all City Council Meetings;
b) Appoint, with the consent of the City Council. all
members of advisory boards and commissions asxd-tire
e±ty *ttorneY;
c) Execute all ordinances, resolutions and contracts
on behalf of the City after Council approval;
d) Perform ceremonial functions as Mayor of the City
of Kalispell;
e) Perform any other duties specifically designated by
Ordinance.
Except for the above, the Mayor shall have no other executive
or administrative duties, those being the responsibility of
the City Manager.
SECTION II. That Ordinance No. 1166, § 2-23 (§ 2-23,
Kalispell City Code) is hereby amended to read
as follows:
PREPARATION AND REVIEW
a. Preparation. All Ordinances and Resolutions shall be
prepared by the City Attorney.
b. Review. All Ordinances, Resolutions, and contract
documents shall, before presentation to the Council, be
reviewed by the eity Atburney City Manager or his
authorized representative.
SECTION III. That Ordinance No. 1166, S 2-53 (§ 2-53,
Kalispell City Code) is hereby amended to read
as follows:
CITY ATTORNEY - APPOINTMENT
The Citv Attornev shall be anDointed by the eitveaur,
City Manaaer and may be suspended or removed
by the Citv Manaaer with the consent of the Council as
provided by law or ordinance.
SECTION IV. That Ordinance No. 1166, S 2-54 (5 2-54,
Kalispell City Code) is hereby amended to read
as follows:
CITY ATTORNEY - DUTIES
The City Attornev shal1- subject to ;the charge and supervision
of the City Manager shall:
a. Attend to matters before the City Court, the
District Court and the Montana Supreme Court and
such other Courts as the Council may direct;
provided, however, that the City Attorney shall
have sole prosecutorial discretion as to all
criminal matters in City Court and upon appeal.
b. Draw Draft .for City Manager review on behalf of the
City all contracts, Ordinances and Resolutions;
C. Advise the Manager, all Department Directors and
the Council on matters of duties, rights,
liabilities and powers of the City;
d. Perform such other functions and duties as directed
by the ot=r City Manager.
SECTION V.
That the City Attorney is hereby authorized and directed to
recodify §§ 2-3, 2-23, 2-53, 2-54, in accordance with this
Ordinance.
SECTION VI.
This Ordinance shall take effect 30 days from and after its
passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk