1. Ordinance 1733 - Amending Ordinance 1166 - Mayoral Duties - 2nd ReadingCharles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
101DO0[1)ZMA1Z1 111
TO: Doug Russell, City Manager'
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Ordinance No. 1733 — Amending the Kalispell Administrative
Code Regarding Mayoral Board Appointments
MEETING DATE: December 16, 2013 — Regular Council Meeting — Second
Reading
BACKGROUND: The Administrative Code of the City of Kalispell defines the duties of
the Mayor, specifically at KMC 2-3, regarding the Mayor's "appointment, with the
consent of the City Council, of all members of advisory boards and commissions." The
City Council discussed this policy at a workshop held on November 25, 2013 regarding
the cumbersome and confusing aspects of this ordinance. A draft ordinance brought
forward for consideration of the council maintains the Mayor's duty to recommend
applicants for selection, but amends the procedure to require a majority vote of the
Council, without giving precedence to the Mayor's vote. This ordinance was passed by
Council on first reading on December 2, 2013.
RECOMMENDATION: It is recommended that the City Council consider and approve
Ordinance No. 1733 on second reading.
FISCAL EFFECTS: None
Respectfully submitted,
Charles Harball, City Attorney
ORDINANCE NO.1733
AN ORDINANCE AMENDING THE ADMINISTRATIVE CODE OF THE CITY OF
KALISPELL ENACTED AS ORDINANCE NO. 1166 AND CODIFIED IN THE
KALISPELL MUNICIPAL CODES AT KMC 2-3 REGARDING THE DUTIES OF THE
MAYOR IN APPOINTING MEMBERS OF ADVISORY BOARDS AND
COMNIISSIONS, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE
CITY ATTORNEY TO CODIFY THE SAME.
WHEREAS, the Administrative Code of the City of Kalispell defines the duties of the Mayor,
specifically at KMC 2-3, regarding the Mayor's appointment, with the consent of
the City Council, of all members of advisory boards and commissions; and
WHEREAS, upon consideration over the years of practice of this method of appointment, it is
the finding of the City Council that the best interests of the City and its residents
will be served by redefining and refining the Mayor's duties and role in the
function of appointments to advisory boards and commissions as it relates to the
function of the City Council as a whole.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Municipal Code codified at Chapter 2 Article
1 is hereby amended as set forth in Exhibit "A", attached hereto
and incorporated fully herein by this reference.
SECTION II. The City Attorney is hereby authorized and directed to recodify
this Ordinance.
SECTION III. This Ordinance shall take effect thirty (30) days after its final
passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 16TH DAY OF DECEMBER, 2013.
Tammi Fisher
Mayor
Theresa White
City Clerk
Exhibit "A"
2-3 Duties of Mayor.
The Mayor shall:
A.Preside at all City Council meetings;
B. Appoint, with the eansent of the City Gatineil,
all fnember-s of a&iser-y beards and
Recommend applicants to the City Council for selection to all advisory
boards and commissions. If, upon a vote, the majority of the City Council declines to
accept the recommendation of the Mayor, the Mayor shall entertain a motion from any other
council member recommending another applicant for the position, if another application has
been made, and a majority vote will determine the appointment.
C. Execute all ordinances and resolutions 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 or resolution.
Except for the above, the Mayor shall have no other executive or administrative duties, those
being the responsibility of the City Manager.