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
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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