Priority of Business All questions relating to the priority of business shall be decided without debate. Enc Ord 367 March 18, 1993

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1 Chapter 2.08 City Council - Legislative Branch Sections: Legislative Branch Composition Qualifications for Office Term of Office Election Meetings Quorum Attendance Powers and Duties Order of Business Priority of Business Record of Proceedings Attendance by Chief of Police Special Sessions President of the Council Temporary Presiding Officer Vacancy in Office Removal from Office Filling Vacancy on Council Restrictions on Council Legislative Action Appointment of Council Standing committees Finance committee Duties Judiciary committee Duties Health and Fire and Order Committee Duties Street and alley committee Duties Repealed Ord. 436 November 20, Water and sewer committee Duties Repealed Ord. 436 November 13, Other Committees Compensation of Council Legislative Branch The legislative branch shall consist of the City Council which shall be the governing body of the City. (Charter 2.01) Composition The City of Dillon shall have a City Council of eight (8) members, two (2) of whom shall be elected from each of four wards. (Charter 2.02)

2 Qualifications for Office Every resident of the City of Dillon who is 18 years of age or older and a citizen of Montana is eligible to hold the office of Council member for the ward in which he or she resides. (Charter 2.03) Term of Office Members of the Council shall be elected for four (4) year overlapping terms of office. (Section 2.04) Election City of Dillon elections shall be conducted on a non-partisan basis. Council members shall be elected by wards in which the candidates must reside and which are apportioned by population. One Council member from each ward shall be elected every two years. (Charter 2.05) Meetings Quorum - Attendance The Council shall have regular meetings on the first and third Wednesdays of each month, at such hour as may be determined upon by resolution from time to time, for the transaction of any business pertaining to the City and its business affairs. A majority of the Council shall constitute a quorum for the transaction of business, but a smaller number may adjourn and may also compel the attendance of absent members by sending the Chief of Police or any policeman of the City to deliver notice their attendance is required. If any member of the Council, on being so notified, fails to attend or to send a good, written excuse, such alderman must be fined by the Mayor, president of the Council or other presiding officer in a sum not less than ten not more than one hundred dollars Powers and Duties The Council shall have the following powers: 1. The Council shall be the legislative and policy determining body of the City of Dillon. All powers of the City shall be vested in the City Council except as otherwise provided by law or the Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law. (Charter 2.11(1)) 2. Neither the Council, nor the Council members shall in any manner dictate the appointment or removal of any City officers or employees whom the Mayor or any subordinates are empowered to appoint. (Charter 2.11(2)) 3. Except for the purpose of inquiry or investigation under this title, the Council or its members shall deal with the local government employees who are subject to the direction and supervision of the Mayor solely through the Mayor; and neither the Council nor its members may give orders to any such employee, either publicly or privately. (Charter 2.11(3))

3 Order of Business Upon being called to order, and the appearance of a quorum, the council shall conduct meetings in accordance with Roberts Revised Rules of Order and proceed to business in the following order: A. First, reading, amending and approving the minutes of the previous meeting. A draft of the minutes of the previous meeting shall be available to the Council members in packets distributed prior to the upcoming regular Council meeting. ; Amended Ord 413 December 21, 2005 B. Second, presentation of petitions and communications; C. Third, reports of officers; D. Fourth, reports of standing committees; E. Fifth, reports of special committees; F. No action will be taken on any item not on the agenda, provided, however, that the Council shall have full right to act in case of emergency Priority of Business All questions relating to the priority of business shall be decided without debate Record of Proceedings The Council shall keep true and correct records of all its proceedings; shall by resolution establish its own rules of action, subject to the Charter, State laws and the Dillon Municipal Code; shall have full power to protect itself from interruptions and disturbances and shall not permit anyone not a member of the Council or a city officer to take part in its deliberations except upon special permission first granted. (Charter 2.15) Attendance by Chief of Police The chief of police shall at all times, unless excused, attend the regular sessions of the Council Special Sessions The Council may be convened in special sessions at any time by the request of the Mayor, or by request of two Council members, or the president of the Council, in the absence of the Mayor or his inability to act, and in case of the absence or inability to act, and in case of the absence or inability to act of both officials, then by the City Clerk. At such special sessions, the officer calling the meeting shall state the object of the meeting and no other subject shall be considered at such meeting. The Council may from time to time adjourn its regular or special sessions until all business have been transacted President of the Council The Council shall have a president who shall be elected by the members of the Council from their own number in January of each even year for a two year term. The president of the Council shall preside when the Mayor is absent, and when so presiding may only vote as other members of the Council. (Charter 2.07)

4 Temporary Presiding Officer In case of the absence or inability to act of both the Mayor and president, the Council shall select its presiding officer Vacancy in Office The office of council member becomes vacant as prescribed by law. (Charter 2.08) Removal from Office A Council member may be removed from office by a finding, adopted by the affirmative voice vote of five (5) Council members that the office has become vacant as prescribed by law, or by the recall of the Council member by the electors of Dillon as prescribed by law. (Charter 2.09) Filling Vacancy on Council When a vacancy occurs in the office of Council member, 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 Council shall appoint, by the affirmative voice vote of five (5) Council members, a person possessing the qualifications for office required by law and the City Charter, within 30 days of the vacancy to hold the office until the successor is elected and qualified. (Charter 2.10) Restrictions on Council Except where authorized by law, no Council member shall hold any other city office or city employment for compensation. (Charter 2.13) Legislative Action The affirmative vote of four (4) Council members shall be required for all official actions of the Council. A minimum of five (5) Council members must be present when official actions are taken by the Council. The Council may override the Mayor s veto with the affirmative vote of six (6) Council members. (Charter 2.14 (1)(2)) Appointment of Council Standing Committees The appointment of the City Council members to standing committees shall be done by the President of the Council with the advice and consent of the Council on the first Wednesday of January of each even year, or shortly thereafter Each of said committees shall consist of not less than three Council members. (Charter 2.12) ; Amend. Ord. 436 November 13, 2013

5 Combining of certain standing committees: The following committees will continue with some duties and responsibilities refined: Finance, Judiciary, Water & Sewer, Street & Alley. A Cemetery & Parks Committee is established. The Health Committee & Fire and Order Committee are combined. Enc. Ord. 436 November 13, Finance Committee Duties and Responsibilities It shall be the duty of the finance committee to: 1. Examine monthly, or more often if deemed best by it or the Council, all reports, accounts, books, papers and statements of all the City officers; 2. To check up and ascertain the correctness of the reports, books, and accounts of all city officers and to make proper endorsements on such reports; 3. To monitor city finances reviewing both revenue and expenditures quarterly. Prior to budget approval the Street Maintenance District, Lighting District, and Sprinkling District shall be reviewed to determine if fees are adequate. 4. Review the budget after preparation by the City Officers and when completed make recommendation to the City Council for adoption after required hearing. 5. Review audit with Treasurer and assist if needed with corrections and improvements. Amended Ord. 436 November 13, Judiciary Committee Duties and Responsibilities It shall be the duty of the judiciary committee to recommend to the City Council ordinances and resolutions. When an assignment is made to the judiciary committee they will research and receive input from all interested parties. When research complete the committee will work with the City Attorney to see that all ordinances and resolutions are in the best interest and protection of the citizens of the community. It shall be the duty of this committee to see that all ordinances are enforced. ; Amend. Ord. 436 November 13, Health and Fire and Order Committee Duties and Responsibilities It shall be the duty of the health committee with the advice of the City Attorney to see that all nuisances dangerous to health and obnoxious to the senses be removed and abated. When needed, the committee will make recommendations to the Judiciary Committee for nuisance ordinances to be improved and enacted in order to abate nuisances that endanger public health, welfare and safety and enable the committee to carry out their duties as stated. ; Amend. Ord. 436 November 20, 2013 It shall be the committee s duties to see that all ordinances relating to the fire limits and the construction and repair of all buildings shall be done as provided by ordinance; to see that all areas of the city public and private are free from combustible materials, including bio-fuel systems, such as would be dangerous to the citizens and that public and private property are protected from fire. Amend. Ord. 436 November 20, 2013

6 Street and Alley Committee Duties and Responsibilities It shall be the duty of the street and alley committee to investigate and see that the streets, alleys, and public places are kept in good condition and repair; to see that all streets, alleys, and public places are kept free from rubbish,, trees, bushes, motorized or un-motorized units, structures or any other materials that will interfere with free movement by all legal vehicles and emergency services. The committee will assist the administration in the purchase of all supplies and material needed to repair the existing streets and alleys. The committee will identify and evaluate short and long term goals with the assistance of the administration in order to identify specific projects for reconstruction of existing streets and alleys. The committee will prepare specific goals for the future maintenance of all streets and alleys. Each budget period specific projects will be selected to be accomplished during the current budget period. The committee will inventory and evaluate the need for equipment repairs and replacement. The committee shall seek funding from other resources that may be available. ; Amend. Ord. 436 November 13, Fire and Order Committee - Duties It shall be the duty of the fire and order committee to see that all ordinances relating to the fire limits and the construction and repair of all buildings shall be done as provided by ordinance; to see that the streets, alleys, private and public places are kept free of combustible materials, such as would be dangerous, on account of fire and to see that all ordinances relating to the peace and quiet of the City are enforced Water and Sewer Committee Duties and Responsibilities It shall be the duty of the water and sewer committee to generally assist and advise the administration regarding the waterworks and the wastewater systems. The committee will identify and evaluate short and long term goals for improvements of the water and sewer systems. The committee will inventory and evaluate the need for equipment repairs and replacement with the assistance of the administration. Each budget period specific projects will be selected to be accomplished during the current budget period. The committee shall seek funding from other resources that may be available. ; Amend. Ord. 436 November 13, Cemetery & Parks Committee - Duties & Responsibilities It shall be the duty of the committee to generally assist and advise the administration regarding the cemetery and parks system of the city. The committee will maintain a general overview of the Cemetery Perpetual Fund. The committee will tour the cemetery once a year and, with the assistance of the administration, will identify and evaluate short and long term goals for improvements at the Cemetery. The committee will inventory and evaluate the need for equipment repairs and replacement. Each budget period specific projects will be selected to be accomplished during the current budget period. The committee shall seek funding from other resources that may be available. The committee shall tour the parks once a year and, with the assistance of the administration, identify and evaluate short and long term goals for improvements to the parks. The committee shall inventory and evaluate the need for equipment repairs and replacement. Each budget period

7 projects will be selected to be accomplished during the current budget period. The committee shall seek funding from other resources that may be available. Parks are used by organized groups and by individuals. A program to handle requests for single day use and long term seasonal use by groups will be developed with written specific duties and expectations given any user. Enc Ord 436 November 13, Other Committees There may be other standing committees appointed by the Mayor at any time on the direction of the Council. There may also be such special committees appointed as the Council may desire and appointed in the manner the Council may direct; provided that none of the forgoing provisions of this chapter shall be construed as relating to special committees Compensation of Council The compensation of Council members shall be set annually by the Council. (Charter 2.16)