Town Hall, Public Works Department, & Police Department: 108 S. D Street, Bridger, MT 59014
Town Hall, Public Works Department, & Police Department: 108 S. D Street, Bridger, MT 59014
Chapter 2.04 - OFFICERS GENERALLY
Chapter 2.08 - MAYOR
Chapter 2.12 - COUNCIL
Chapter 2.16 - CLERK
Chapter 2.20 - OTHER OFFICERS
Chapter 2.24 - BONDS AND SALARIES OF OFFICERS AND EMPLOYEES
Chapter 2.28 - CITIZEN ADVISORY COUNCIL
Chapter 2.32 - ZONING COMMISSION
Chapter 2.36 - TOWN COURT
Chapter 2.40 - OPEN MEETINGS AND RECORDS
Chapter 2.44 - PERSONNEL POLICIES
Chapter 2.48 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Chapter 2.52 - BRIDGER CIVIC CENTER
The qualifications for election to and removal from municipal offices shall be as provided by Montana law. (Amended during 2002 codification; Ord. 38 § 1 (part), 2001: prior code § 2-1-01)
The mayor is the chief executive officer of the town, and has power:
A. To nominate and, with the consent of the council, to appoint all nonelective officers of the town, provided for by the council, except as provided by a state law.
B. To suspend and, with the consent of the council, to remove any nonelective officer, stating in the suspension or removal the cause thereof.
C. To cause the ordinances of the town to be executed, and to supervise the discharge of official duty by all subordinate officers.
D. To communicate to the council, at the beginning of every session, and more often if deemed necessary, a statement of the affairs of the municipality, with such recommendations as he or she may deem proper.
E. To recommend to the council such measures connected with the public health, cleanliness, and ornament of the town, and the improvement of the government and finances, as he or she deems expedient.
F. To approve all ordinances and resolutions of the council adopted by it, and, in case the same do not meet his or her approbation, to return the same to the next regular meeting of the council, with his or her objections in writing. No ordinance or resolution so vetoed by the mayor shall go into effect unless the same be afterwards passed by a two-thirds vote of the whole number of members of the council.
G. To veto any objectionable part of a resolution or ordinance, and approve the other parts. If the mayor fails to return the resolution or ordinance as aforesaid, the same takes effect without further action.
H. To call special meetings of the council, and when so called the mayor must state by message the object of the meeting, and the business of the meeting must be restricted to the object stated.
I. To cause to be presented, once in three months, a full and complete statement of the financial condition of the town.
J. To bid in for the town any property sold at a tax or judicial sale, where the town is a party or interested.
K. To procure and have in his or her custody the seal of the town.
L. Whenever the mayor considers it necessary to increase the police force, he or she may employ suitable persons as special police officers, subject to the consent of the council.
M. To take and administer oaths.
N. To request the Governor call out the militia to aid in suppressing riots or other disorderly conduct, preventing and extinguishing fires, securing the peace and safety of the town, or carrying into effect any law or ordinance.
O. To require of any of the officers of the town an exhibit of the officer's books and papers.
P. To grant pardons and remit fines and forfeitures for offenses against town ordinances, when in his or her judgement public justice would be thereby subserved; but the mayor must report all pardons granted, with the reasons therefor, to the next council meeting.
Q. To perform such other duties as may be prescribed by law or by resolution or ordinance of the council.
R. The mayor has such power as may be vested in him or her by ordinance of the town, in and over all places within five miles of the boundaries of the town, for the purpose of enforcing the health and quarantine ordinances and regulations thereof.
(Ord. 38 § 1 (part), 2001: prior code § 2-2-01(B))
The mayor shall be the head of the town government and shall be limited to three consecutive two-year terms.
(Ord. 38 § 1 (part), 2001: prior code § 2-2-01(C))
The town council has power to:
A. Determine the rules of its proceedings, punish its members for improper conduct, and expel any member for the same by two-thirds vote of the members elected.
B. Make and pass all bylaws, ordinances, orders, and resolutions, not repugnant to the Constitution the United States or of the state of Montana, or provisions of state law, necessary for the government or management of the affairs of the town, for the execution of the powers vested in the body corporate by the state.
C. Fix compensation for, and prescribe the duties of, all officers and other employees of the town, subject to the limitations set forth in the laws of Montana.
D. Require a report in detail from any officer of the municipality at any time regarding the transactions of his or her office, or any matter connected therewith.
E. Make any and all contracts necessary to carry into effect the powers granted by the laws of Montana, and to provide for the manner of executing the same.
F. Make regulations authorizing the police of the town to make arrests of persons charged with crime, within the limits of the town and within five miles thereof, and along the line of the water supply of the town.
G. Impose fines and penalties for the violation of any town ordinance, but no fine or penalty shall exceed five hundred dollars ($500.00), and no imprisonment shall exceed six months for any one offense.
(Prior code § 2-3-02)
The town council shall hold a regular meeting for the transaction of town business at the time set forth in this code. If the regular council meeting falls on a day recognized as a holiday by the town, no regular meeting will be held. Regular meetings shall convene and be called to order by the mayor at the hour set forth in this code. The mayor or any three council members may request that a special meeting be called. The request shall be submitted to the town clerk who shall prepare notice in writing, which notice shall be delivered or mailed to all town councilmembers and the mayor. The notice shall be delivered within a reasonable period of time prior to the meeting. If there is not sufficient time to prepare and deliver or mail the notice, the town clerk, with his or her discretion, may use whatever means of notification available considering the circumstances. Notice of a special meeting shall be deemed sufficient if given at a regular or special council meeting; provided, that notice in writing shall be delivered to any absent councilmember and the mayor, if absent. At any regular or special council meeting, the clerk shall proceed to call the roll, and record in the minutes the names of all members present, and announce whether or not a quorum is present. A simple majority of the members of the council duly elected and qualified, is necessary to constitute a quorum.
(Prior code § 2-3-03)
The council shall hold regular meetings for the transaction of town business on the first Tuesday of each month, and such other meetings to which the council, by order, may adjourn, or which may be called. Unless otherwise decided by the council the regular time of meeting will be eight p.m.
(Prior code § 2-3-04)
At its first meeting succeeding the annual election, the council shall elect one of its members as president of the council. In the absence of the mayor, the president shall be the presiding officer of the council, and may perform the duties of the mayor.
(Prior code § 2-3-05)
A. Unless otherwise directed by special order of the council entered in the journal, the order of business for council meetings shall be:
1. Reading, correcting if necessary, and approving the minutes of the last meeting;
2. Report of officers;
3. Report of standing committees;
4. Presentation of petitions and communications;
5. Unfinished business;
6. New business.
B. All questions relating to the priority of business shall be decided without debate.
(Prior code § 2-3-06)
A. The mayor shall appoint three standing committees:
1. Auditing, finance, and planning;
2. Water, sewer, and garbage;
3. Parks, and playgrounds;
4. Streets and alleys.
B. Each committee shall have two members appointed from the citizen advisory committee.
(Prior code § 2-3-07)
The proceedings of the council shall in all cases be governed by the Robert's Rules of Order. The following rules will also govern:
A. The voting on the election or appointment of any officer shall be done orally. A majority of the whole number of the members elected is required to appoint or elect an officer. Such vote shall be recorded in the journal of the proceedings.
B. The mayor shall vote only in the case of a tie, and by his or her vote, all ties shall be decided.
C. All petitions, communications, ordinances, and resolutions shall be reduced to writing before being submitted to the vote of the council.
D. While a question is being put, no member shall speak or walk across the council room or leave the same.
E. When any member is addressing the council, no other member shall engage in private conversation or do any other act to divert attention or interrupt the speaker.
F. A member shall not speak more than twice on the same subject without leave of the council, nor more than once until every member desiring to speak on the pending question has had an opportunity to do so.
G. Every member of the council present shall vote upon every question submitted to the council, unless excused or unless the member has a financial or personal interest in the question. If a member has a financial or personal interest, the member shall immediately after the motion has been made and seconded, or as soon thereafter as the member may be recognized by the presiding officer, publicly disclose the nature and extent of such interest and disqualify himself or herself from participation in the deliberation and voting on the question.
H. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.
I. No motion for reconsideration shall be in order unless made at the same meeting or the meeting following that on which the decision was made, nor shall such motion be made save by one who voted with the majority upon adoption.
J. In all cases the name of the member proposing a motion and second shall be entered with it on the council minutes.
K. All reports, petitions, ordinances or resolutions shall be reduced to writing before being submitted to the vote of the council.
(Prior code § 2-3-08)
It is the duty of the clerk:
A. To attend all meetings of the town council, to record and sign the proceedings thereof and all ordinances, bylaws, resolutions and contracts passed, adopted or entered into, and to sign, number and keep a record of all licenses, commissions or permits granted or authorized by the council;
B. To record all ordinances, resolutions and bylaws passed and adopted by the council;
C. To record the date, amount and person in whose favor and for what purpose warrants are drawn upon the municipal treasury;
D. To countersign and cause to be published or posted, as provided by law, all ordinances, bylaws or resolutions passed and adopted by the council;
E. To file and keep all records, books, papers or property belonging to the town, and to deliver the same to his or her successor when qualified;
F. To make and certify copies of all records, books and papers in his or her possession, on the payment of like fees as are allowed county clerks, which fees must be paid into the town treasury;
G. To perform such duties in and about the assessment, levy and collection of taxes and assessment as may be prescribed by law or ordinance;
H. To take and administer oaths, and must not charge or receive any fees therefor;
I. To perform such other and further duties as the council may prescribe.
(Ord. 38 § 1 (part), 2001: prior code § 2-2-02)
The town of Bridger's sewer and water systems shall be managed by the public works department. The public works department shall be headed by the public works director who shall be under the supervision and control of the mayor, subject to the direction of the town council. The duties of the public works director shall be to:
A. Be in charge of the public works department of the town;
B. Recommend such rules and regulations as may be necessary to the proper management of the town's public works;
C. Inspect all plumbing work and all other work subject to his or her supervision;
D. Have general supervision and control over all excavations made in the streets or alleys of the town for sewers, drains, gas or water pipes or telephone or telegraph conduits;
E. Issue citations, in the name of the town, for violation of all state laws and town ordinances pertaining to public works.
(Ord. 38 § 1 (part), 2001: prior code § 2-2-05)
A. The mayor shall nominate, and with the consent of the town council, shall appoint a chief of police. The police chief, together with any peace officers subordinate to him or her, and the administrative personnel of this office, shall be known as the Bridger police department. The mayor shall have charge of and supervision over the chief of police.
B. It shall be the duty of the police chief to:
1. Execute and return all process issued by the town judge, or directed to him or her by any legal authority;
2. Attend the town court regularly;
3. Arrest all persons in violation of any law of the state or town ordinance, and bring them before the town court for trial;
4. Supervise all police officers;
5. Report to the town council all delinquencies or neglect of duty or official misconduct of police officers;
6. Investigate traffic accidents;
7. Maintain records of all transactions of his or her office;
8. Perform such other duties as the council may prescribe;
9. Keep a record of all violations of the traffic ordinances of the town, together with a record of the final disposition of all such alleged offenses. Such records shall be maintained as to show all types of violations and the total of each. Each record shall accumulate during a five year period, and shall be preserved for an additional five year period. All forms for records of violations and notices of violations shall be serially numbered. For each month and year a written record shall be kept available to the public showing the disposal of all such forms. All records and reports shall be public records.
C. It shall be the responsibility of the police department to hold any article of personal property acquired by the police department in the course of its law enforcement activities for thirty (30) days, unless sooner claimed by the owner. If property is unclaimed after thirty (30) days, it may be sold by the police department at public auction for cash to the highest bidder as described below, or may be disposed of as provided herein.
1. The police chief shall give notice of the proposed sale of unclaimed property by publishing a notice stating the time and place of the sale. If any property to be sold is of the value of one hundred dollars ($100.00) or more, the notice shall contain a general description of such property with the name of the owner thereof, if known.
2. The police chief shall make a list, in duplicate, of the property sold, giving a general description of each piece of property sold and the name of the owner, if known, and the amount of money derived from the sale of the property. One copy of the list shall be retained by the police department and the other delivered to the town clerk.
3. The police chief shall deposit in the general fund of the town all revenue derived from the sale of unclaimed property.
4. Property of a value less than fifty dollars ($50.00) may be donated by the police chief to any organization if the organization will use such property for public or charitable purposes.
5. If an unclaimed article of personal property is of no value, the police chief may authorize it to be destroyed.
6. For all such property given away, destroyed or sold, the police chief shall obtain a receipt and shall file a list of all such property with the town clerk with the estimated value of each article.
(Ord. 38 § 1 (part), 2001: prior code § 2-2-06)
The compensation of salaried officers and employees of the town shall be paid monthly by warrants drawn upon the town treasury except as otherwise provided.
(Prior code § 3-3-02)
Elected or appointed town officers and employees shall be bonded in such sums as ordinance may require. The amount for which town officers or employees shall be bonded shall be based on the amount of money or property handled and the opportunity for defalcation. The town council shall actively solicit offers on a competitive basis from available qualified insurance or surety companies before purchasing the bonds.
(Prior code § 3-4-01)
A. The council shall purchase all surety bonds for town officers and employees. A bond may cover an individual officer or a blanket bond may cover all officers and employees.
B. All official bonds covering a group of town officers or employees shall be made upon the same conditions as are required of a principal under state law, except that the bond need not be signed by each officer and employee.
C. The form of bonds for town officers and employees must be approved by the town attorney and filed and recorded in the office of the town clerk.
(Prior code § 3-4-02)
A. The town council shall purchase all surety bonds for town officers and employees.
B. The town council or commission shall actively solicit offers on a competitive basis from available qualified insurance or surety companies before purchasing bonds.
C. Bonds purchased by the town council shall be executed by responsible insurance or surety companies authorized and admitted to execute surety bonds in this state.
(Prior code § 3-4-03)
A. The condition of every official bond must be that the principal shall well, truly and faithfully perform all official duties then required of him or her by law, and also such additional duties as may be imposed on him or her by any law of the state or the town subsequently enacted, and that he or she will account for and pay over and deliver to the person or officer, entitled to receive the same, all moneys or other property that may come into his or her hands as such officer. The principal and sureties upon any official bond are also in all cases liable for the neglect, default, or misconduct in office of any deputy, clerk, or employee, appointed or employed by such principal.
B. All bonds must be signed and executed by the principal and two or more sureties, or by the principal and one or more surety companies organized as such under the laws of the state, or licensed to do business herein.
(Prior code § 3-4-04)
A. The mayor, subject to the approval of the town council, shall appoint the members of the citizen advisory council on or before the first day of October of any year in which vacancy occurs.
B. The citizen advisory council shall consist of eight citizens of the town, appointed without pay, to advise the town council in each of the following areas and to serve on one of the following standing committees:
1. Sewer, water, and garbage (two members);
2. Parks and recreation (two members);
3. Streets and alleys (two members);
4. Auditing, finance, and planning.
C. The citizen advisory council shall advise the town council on public interest in each area, but shall have no vote.
D. The citizen advisory council shall meet semiannually or more, if required.
E. Unless otherwise stated, the term of appointment for a member shall be for the same term as that of the mayor, and may be reappointed an unlimited number of times.
(Prior code § 2-3-10)
A. The mayor shall appoint with the advise and consent of the town council a zoning commission, which commission shall have investigative powers only, from the time after a request for a zoning change has been made and investigation is required. The term of the zoning commission shall be only for the period or the matter appointed. The commission shall deliver a written report to the council on all matters which it may undertake.
B. The commission shall have the following power:
1. To hear and decide appeals where it is alleged there is error in order, requirement, decision or determination made by an administrative official in the enforcement of zoning regulations;
2. To hear and decide special exceptions to zoning regulations;
3. To authorize upon appeal in specific cases such variance from the zoning regulations as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the regulations will result in unnecessary hardship, and so that the spirit of them shall be observed and substantial justice done;
4. To recommend to the town council such changes in the district boundaries or regulations as it may deem necessary or desirable;
5. Adopt from time to time such rules and regulations as may be deemed necessary to carry into effect the provisions of the zoning regulations.
6. Recommend to the town council the use, height and area districts in which each part of any annexation to the town shall be placed.
7. The commission shall fix a reasonable time for a public hearing of the appeal, give public notice of the proceeding, and allow towns people an opportunity to comment. Upon the hearing any party may appear in person or by attorney. The commission shall deliver its written report to the council in a reasonable time.
C. Unless otherwise stated, the term of appointment for a member shall be for the same term as that of the mayor, and may be reappointed an unlimited number of times.
(Prior code § 2-3-09)
A. Qualifications. The town judge must be a citizen of the United States who has resided in the state two years immediately before taking office. The town judge must be a resident of Carbon County and comply with all state law requirements for town judges.
B. Town Judge as Elective or Appointed Office. The determination whether a town judge shall be elected or appointed shall be made by majority vote of the whole number of the members elected to the council.
C. Term of Office. An elected or appointed town judge shall hold office for a term of four years and until the qualification of a successor.
D. Training Sessions for Town Judges. The town judge shall attend training sessions and complete training as required by Montana law.
E. Town Judge to be Part-Time. The town judge may be employed in addition to his or her employment as town judge.
F. Substitute Judge. Should the town judge be disqualified or unable to act, the town judge or mayor may call in a justice of the peace, town judge or other qualified person to act in the judge's place.
(Ord. 26, 1998: prior code § 2-4-04)
The town judge shall collect all fines, costs and forfeitures that accrue to the town from cases tried or settled in the court. The town judge shall give a receipt to the person for the money collected and pay such moneys to the town clerk.
(Ord. 38 § 1 (part), 2001: prior code § 2-4-05)
All court fees (fees) charged to criminal defendants, including fees associated with traffic violations, and allowed under Montana Code Annotated, shall be collected by the town judge in accord with Section 2.36.020 of this chapter. Any fees collected hereunder shall be paid to the town clerk and accounted for in the same manner as fines, costs and forfeitures pursuant to Section 2.36.020 of this chapter.
(Ord. 2005-06 § 3)
The State Constitution requires that citizens be given an opportunity to observe the deliberations of their government and a right to know what their government does.
(Prior code § 2-5-01)
The town council, all town boards, commissions, committees and subcommittees, or other entities created by the town shall be open to the public. Any agency, group, or body that receives town funds shall be deemed created by the town and subject to this provision.
(Prior code § 2-5-02)
Each entity within the contemplation of this chapter shall develop procedures for permitting and encouraging public participation in decisions that affect the interests of the public. The rules for conducting the meeting shall afford citizens a reasonable opportunity to participate prior to the final decision.
(Prior code § 2-5-03)
Minutes shall be kept as required by state law. All minutes, records and written materials shall be available for inspection by any person within a reasonable period of time.
(Prior code § 2-5-04)
A. Personal records, medical records, and other records which relate to matters in which the right to individual privacy exceeds the merits of public disclosure shall not be available for inspection or reproduction.
B. Except where provided by state law, law enforcement records in which the right to individual privacy or law enforcement security exceeds the merits of public disclosure, will not be available to the public.
C. A presiding officer of any public meeting shall have at his or her discretion the option of closing a meeting, if the material being discussed relates to matters of individual privacy, and the demands of individual privacy clearly exceed the merits of public disclosure. If the individual whose privacy may be violated, chooses to waive his or her right to privacy then the meeting shall remain open.
D. In any open meeting, accredited press and media representative will not be denied access to the meeting or the right to take photographs, televise, or record such meetings. However, if in the opinion of the presiding officer that such activities interfere with the conduct of the meeting, then appropriate steps may be taken.
(Prior code § 2-5-05)
The section numbers, bold face headings, and the entire language of the following citations to the Montana Code Annotated, are adopted and by this reference incorporated in this chapter as if set forth in full, each section number of the Montana Code Annotated, is to be considered a subsection reference under this section.
A. Section 2-18-601, Definitions;
B. Section 2-18-604, Administration of Rules;
C. Section 2-18-618, General Provisions.
(Prior code § 3-1-01)
No payment for absence due to sickness shall be allowed unless the employee fulfills the following requirements:
A. Prompt notification of his or her superior by telephone or otherwise on his or her first day off duty.
B. Form for application for sick leave filled out within twenty-four (24) hours after his or her return to duty.
C. Evidence of his or her illness or medical treatment furnished upon request of his or her superior, the mayor, or the town council.
(Prior code § 3-1-02)
Sick leave with pay in excess of three consecutive working days for reasons of personal leave or physical incapacity shall be granted only after presentation of a written statement by a reputable physician certifying that the employee's condition prevented him or her from the performance of the duties of his or her position.
(Prior code § 3-1-03)
Employees who are discharged, who leave the employ of the town, who are on suspension for disciplinary reasons, or who are on leave of absence without pay, shall not receive sick leave pay, but in the event of return to work shall be entitled to any accumulation of sick leave credit established before such discharge, suspension, withdrawal or leave.
(Prior code § 3-1-04)
An employee fraudulently obtaining sick leave or a supervisor falsely certifying sick leave payments for reasons other than sickness or medical treatment, may be suspended or discharged by the mayor or the head of his or her department, or accumulated sick leave credits of the employee or supervisor may be cancelled by the mayor with the consent of the council.
(Prior code § 3-1-05)
Employees serving a probationary period, prior to appointment, shall acquire sick leave at the rate herein prescribed, but such leave shall not be available for their use until they have successfully completed the probationary period and have received permanent appointments.
(Prior code § 3-1-06)
An employee who has separated from the service of the town after twenty (20) years of service for reasons not reflecting discredit on himself or herself shall be entitled on the day of separation to cash compensation for unused sick leave up to maximum amount allowed by state law.
(Prior code § 3-1-07)
Each permanent full-time employee shall earn vacation credit from the first day of employment as provided by Montana law.
(Prior code § 3-2-01)
Absence from employment by reason of illness shall not be chargeable against annual vacation leave unless the employee approves.
(Prior code § 3-2-02)
Any employee who is separated from the service for reasons not reflecting discredit on himself or herself shall be entitled on the day of separation to cash compensation for unused vacation leave at the rate specified by state law.
(Prior code § 3-2-03)
Before payment shall be made for any vacation not actually taken, the town council shall determine that such payment is necessary in order to prevent an injustice to the employee involved, and shall by resolution authorize such payment. No such payment shall be made to an employee who fails to take his or her vacation at the time allotted by the department head.
(Prior code § 3-2-04)
The date when an employee's annual vacation leave shall be granted shall be determined by agreement between each employee and his or her department head with regard to the best interests of the town as well as the best interest of each employee.
(Prior code § 3-2-05)
No employee shall receive vacation pay after separation from town service.
(Prior code § 3-2-06)
The town employees may participate in the Public Employees' Retirement System and the benefits be extended to their eligible employees: The legislative body is authorized and directed to execute and sign a contract carrying out the intent of this chapter with Public Employees' Retirement Board; that such contract shall apply as of the first day of July, 1993. The town clerk is authorized to deduct and pay all required employee and employer contributions into the Public Employees' Retirement System in accordance with Title 19, Chapter 3, MCA and it is finally ordained that, in the event subsequent legislative assemblies of the state shall amend the Public Employees' Retirement Act as to its benefits, rights, payments or the contribution rates, the contract as established and set up shall be amended to correspond thereto and such amendments shall be made a part of this chapter and contract thereunder.
(Ord. 15, 1993)
The town creates a Civic Center Commission composed of nine members appointed by the mayor with the approval of the town council. The members' terms shall be for one year.
(Ord. 8 § 1, 1992)
A. The Civic Center commission shall have the responsibility for establishing rules for the use of the Civic Center, setting use rates, and preparing a maintenance plan subject to town council approval. The Civic Center commission shall submit a proposed budget to the town council for budget approval.
B. The Civic Center commission shall be charged with the general management of the Civic Center with the town clerk handling normal rentals for the facility, and the town shall not make any major decisions affecting the Civic Center such as selling it, without notifying the Civic Center commission prior to taking such action, so that the commission can provide its recommendation.
C. The town will not sell, lease (long term), demolish, or in any way transfer the Civic Center as long as the building remains in a safe and usable condition. (Ord 8, §§ 2—4, 1992)
That when a group or person rents or uses the Civic Center and alcoholic beverages are served, then the person or group who rents such facility shall have present a Montana-certified security guard or a Montana security company who will provide a certified guard. Said group or person shall so inform the town clerk and the chief of police of who that person or company will be at least five days before such event and provide a copy of either a contract for security service or a copy of the security guard's Montana Security Guard Card.
(Ord. 22, 1998)