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2. City CharterCity of Kalispell Post Office Box 1997 ® Kahspell, Montana 59903-1997 - Telephone (406) 758-7000 Fax - (406) 758-7758 REPORT TO: City Council FROM: Chris Kukulski, City Manager SUBJECT: City Charter MEETING DATE: April 14, 2003 BACKGROUND: The draft Charter of the City of Kalispell was created by George Taylor a retired judge who reviewed all of the existing Montana City Charters, the Montana Constituition, and the Model City Charter from the League of Cities. RECOMMENDATION: A PowerPoint presentation covering the different aspects of the proposed charter will be reviewed at the workshop. Respectfully submitted, Chris Kukulski, City Manager CHARTER OF THE CITY OF KALISPELL WE, THE PEOPLE OF THE CITY OF KALISPELL, COUNTY OF FLATHEAD, STATE OF MONTANA, in accordance with Article XI, Section 5 of the Constitution of the State of Montana, do hereby adopt this self-government Charter. ARTICLE I0 r%FjPF*T POWERS OF THE CITY Section 1.01 Powers of the City The City of Kalispell shall have all powers not prohibited by the Constitution of Montana, the laws of Montana, or this Charter. Section 1.02 Interpretation of City Powers 1. 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. 2. 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. Section 1.03 Restrictions on City Powers 1. The property tax mill levy of the City shall be limited to that of Montana municipal governments with general powers, 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, as required by law. ARTICLE II %lo;Ift W LEGISLATIVE BRANCH Section 2.01 City Commission The legislative branch of the City shall be the city commission (council), which shall be the governing body of the City. Section 2.02 Composition The city commission 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 2.03 Qualifications for Office Every resident of the City of Kalispell who is 18 years of age or older, a citizen of Montana and a qualified elector pursuant to Article IV, Section 2 of the Montana Constitution, 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 commissioner or mayor. Section 2.04 Term of Office Members of the commission shall be elected to four year, overlapping terms of office and the mayor shall be elected to a four year term of office. Section 2.05 Election of Commissioners The election of commission members shall be conducted on a nonpartisan basis. There shall be four wards (commission/council member 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 commission members. Candidates for the city commission must reside in the ward they seek to represent at the time of their election and during their entire term of office. One commission 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 2.06 Vacancy in Office The office of commissioner becomes vacant as prescribed by law. Section 2.07 Removal from Office A commissioner or the mayor may be removed from office by a finding, adopted by the affirmative vote of five commissioners, that the office has become vacant as prescribed by law, or by the recall of the commissioner or the mayor by the electors of Kalispell, as prescribed by law. Section 2.08 Filling Vacancy on Commission When a vacancy occurs in the office of commissioner 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 commission shall appoint within 30 days of the vacancy, by the affirmative vote of five commission members, a person possessing the qualifications for office required by law and this Charter to hold the office until the successor is elected and qualified. Section 2.09 Powers and Duties 1. The commission shall be the legislative and policy -making body of the City. All governing powers of the City shall be vested in the city commission, except as otherwise provided by law or this Charter, and the commission 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 commission. The appointment process shall be prescribed by commission resolution. 3 3. The chairman of the commission and its presiding office shall be the mayor who shall vote as other members of the commission. In the absence of the mayor, the commission 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 except as specifically prescribed by majority vote of the commission. Section 2.10 Legislative Action A quorum of not less than five commission members must be present when official actions are taken by the commission. The affirmative vote of five members of the commission shall be required for all official actions of the commission. Section 2.11 Procedure The commission shall, by resolution, establish its rules of procedure and time and place of meetings. Section 2.12 Compensation " The compensation of the commission shall be set by ordinance. 1S 9A ARTICLE III j EXECUTIVE BRANCH Section 3.01 The City Manager The city manager, who shall be the chief executive and chief administrative officer of the City, shall be appointed by the commission for an indefinite term on the basis of merit only and may be removed only by the affirmative vote of five members of the commission. Section 3.02 Duties of the City Manager The city manager shall: 1. enforce laws, ordinances, resolutions and this Charter; 11 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 commission; f, i 6. prepare the commission agenda; 7. recommend measures to the commission; 8. report to the commission on the affairs and financial condition of the city government; 9. execute bonds, notes, contracts, and written obligations of the commission, subject to the approval of the commission; 10. report to the commission as the commission may require; 11. attend commission meetings and may take part in the discussion, but may not vote; 12. prepare and present the budget to the commission for its approval and execute the budget adopted by the commission; 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. Section 3.03 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 commission 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 commission, the commission 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 commission nor its members nor the mayor may give orders to any such employee, either publicly or privately. Section 3.04 Compensation The compensation of the city manager shall be set by ordinance. 5 Section 3.05 City Attorney 1. There shall be a chief legal officer of the city, appointed by the city manager with the consent of the commission, who shall serve as legal advisor to the commission, 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 commission, 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 the city manager without the consent of the commission. ARTICLE IV JUDICIAL BRANCH Section 4.01 City Court There shall be a city (municipal) court as prescribed by law. ARTICLE V DEPARTMENT STRUCTURE Section 5.01 The organization of city departments shall be prescribed by ordinance. ARTICLE VI GENERAL PROVISIONS Section 6.01 Amendment of Charter This Charter may be amended only as prescribed by law. Section 6.02 Effective Date This Charter shall become effective on July 1, 2004 31 Section 6.03 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 6.04 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. ARTICLE VII.n t;-.' 5 TRANSITION PROVISIONS i Section 7.01 General Transition Transition to this charter form of government shall be as prescribed by law. The city commission 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 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 commission. The city commission shall caused to be reviewed and, where necessary, revise or repeal city ordinances, resolutions and 7 rules to provide for compliance and consistency with this Charter and state law no later than December 31, 2004. 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 ATTEST: City Clerk PSI i In testimony thereof, we set our hands. Done at Kalispell, Montana this day of , 2003. Mayor Commission Member Ward 1 Commission Member Ward 1 Commission Member Ward 2 Commission Member Ward 2 Commission Member Ward 3 Commission Member Ward 3 Commission Member Ward 4 Commission Member Ward 4