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3. Retaining Ward System for Council ElectionCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 ......... MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney James H. Patrick, City Manager Tel 405.758.7708 Fax 406.758.7771 charbalI@kalispell.com kalispell.com SUBJECT: Consideration to Abandon Ward System in Favor of At - Large Council Representation MEETING DATE: Monday, February 7, 2005 - Workshop BACKGROUND: Council has, in the past, been presented with the situation in which a council member moves his residence outside of the ward in which he was elected. This has caused the council member to resign and required the Council to appoint a new member until the next election. We have been advised that a current council member is now planning to move his residence in the near future and will be faced with the need to resign. Therefore, staff investigated the legal possibilities of changing to an at large system for all of the council members as an alternative to avoiding this problem in the future. After a review of the State law on this matter, it is my opinion that this will not be a legal option. MCA 7-5-4401 states as follows: Division of municipalities into wards. (1) The first city or town council elected under the provisions of this title must divide the city or town into wards for election and other purposes, having regard to population so as to mare them as nearly equal as possible. (2) (a) Cities of the first class must be divided into not less than four or more than 10 wards. (3) All changes in the number and boundaries of wards must be made by ordinance. No new ward must be created unless there shall be within its boundaries 150 or more electors. 1 have found no state law that would allow a first class city to later opt out of the ward system. We have, by Kalispell City Code, 0-1, defined our four wards and have been living with them for many years. City Ward. System Memo February 2, 2005 Page - 2 State laws also define a vacancy in a ward and the need for resignation and appointment: 7-4-4111. Determination of vacancy in municipal office. An office becomes vacant on the happening of any of the following events before the expiration of the term of the incumbent: (7) the incumbent's ceasing to be a resident of the city or town or, in the case of a city council member, ceasing to be a resident of the city council member's ward. This subsection does not apply to an appointed municipal officer who resides outside the city or town limits with the approval of the city or town governing body and within a distance of the city or town approved by the governing body. 7-4-4112. Filling of vacancy. (1) "en any vacancy occurs in any elective office, this position shall be considered open and subject to nomination and election at the next general municipal election in the same manner as the election of any other person holding the same office, 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, by a majority• vote of the members, appoint a person within 30 days of the vacancy to hold the office until his successor is elected and qualified. (3) A vacancy in the office of alderman must be filled from the ward in which the vacancy exists. Therefore, based upon the current state laws, I do not believe the City has the option to change its ordinances to an at large system. Respectfully submitted, Char es r all,,Oiky Attorney mimes H. Patrick, City Manager Office of City Attorney City of Kalispell