Final report of the West Yellowstone Local Government Review Study Commission, 2015

2015·1.6 MB·English

by  West Yellowstone Local Government Review Study Commission, author

Final Report

of the
West Yellowstone Local Government
Review Study Commission
RECEIVED

2015 AUG 242005

bon
LOCAL GOVERNMENT
‘SERVICES BUREAL

‘Table of Contents
L Letter tothe citizens of the Town af West Yellowstone
Tl. — Comparisna of the existing anc proposed forays of government
I, Final Repert
WW. Certificates:
Fexhibit A: Certificate of the existing Cown Charter
Exhibit B: Cortticate af the proposed amended Town Chacier

LExbibit C: Certificate establishing cleetion date
Lixhibit D: Coctitieate establishing form of ballot
LOSC Letter to Citizens

SUMMARY OF FINDINGS AND RECOMMENDATIONS.
(OF THE WEST YELLOWSTONE
LOCAL GOVERNMENT REVIEW COMMISSION

ear Citizens of West Yollowstane,

‘The West Yellowstone Local Government Review Cammission, oloctod by the voters
last November, are unanimous in proposing for consideration hy the Town voters the
following:

‘We recommiend no change in the form af government. We da recommend the
amended charter to clarify ambiquous language, to correctly name the Town Manager,
to add clarity to the dutios ancl sespansibilities of the Tewn Manager. and to encourage
timely implementation of the amended charter as well as timely ravions of fawn
documents,

We urge all West Yellowstone Voters to study the propased amended charter and the

‘current chartor {copies of which are available on the Tovin's

‘website jy founofwestyellowstone.com or by stopping for FREE capies at the Town
offices al 440 Yellowstone /wenue) andl to discuss the amonded charter with members
of the Study Commission.

Sincorely,

Richard Gibson, Blaizo "Doc* Stowart, Marysue Costello
West Yellowstone Government Review Commission

Please remember to VOTE an Novambor 3,
Romombor copies of the current charter and the proposed charter are availablo

‘on the Town's website www.townofwestyellowstone.com or by stopping for FREE
copies at the Town offices at 440 Yellowstone Avonue.
‘TOWN OF WEST YELLOWSTONE
COMPARISON OF SPECIFIC CHARACTERISTICS OF THE
EXISTING CHARTER AND THE PROPOSED AMENDED CHARTER

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August 4, 2015

1al Report to the Town of West Yellowstone

From the Local Govornmant Review Gommission
2018

The Local Govemment Study Commission (LGRG) has completed its task of studying
the government of the Town of West Yellowstone. We received input fron town
department heads, town council mambers and clizens who inforrnally spoke ta one or
more of us. Citizens were invited to participate in a survey that was published in the
West Yellowstone News and also made available on-line. Just 30 surveys were
retuned,

In addition to monthly meetings, the LGRC conducted two public hearings. All minutos
and resulls of the surveys are available at the tovin offices.

‘The LGRC hoard concomns from citizens regarding wha they fell was a lack oF
communication, As well, concern was heard that citizens considering council positions,
may have insulicient understanding about the dulies and expectations of council
members. Also LGRC members heard that thoro was a desire fo see elected eouncll
members receive more training, These were determined lo be lems ta be acldressed
and yet outside the scope of the duties of the commission,

We recommend no change in the form of government. We do recommend the
amended charter to clarify ambiguous language, to comractly name the Town Manager,
to add claity to the duties and responsibilties of the Town Manager, and to encourage
limoly implementation of the amended charter as well as timely reviews of town

All recommendations of the commission can be found in the copies of the current
‘charter and the proposed charter atiached to this report

In all ofthis process, the LGRC was disappoinied in tho lack of citizen participation
especially considering that mova than 100 citizens voted in favar of convening a LGRC.

Respeatfully submitted, 2

“Yuu OQeebo
Curtifieute “A” Current plan of government
CHARTER
FOR THE TOWN OF WEST YELLOWSTONE,
(Preamble)

We the citizens of West Yellowstone, for tie purpose of establishing a just form
of fundamental law-one that is responsible to the public for providing equal and
adequate services andl protections, with efficient use of the community's revere for all,
cone thet provides for sell governing powers with respect to the health, satéty, amd
welfare of every citizen and one that utilizes the utmost flexibility ta plan fo the
Fatire—do establish this Chater for the Lown of West Yellowstone of the State of
Montana,

ARTICLE |
FOWERS OF TLL TOWN
Scotian 1.01 Powers of the Town
The ‘Town shat! have all powers possible for a self government éo have under the
constitution and laws of this state as fully and completely as though they were
snecifically enumerated ia this Charter.
Seetion 1,02 Mill Levy
(1) There shat! be no nevr kinds of taxes levied without an afliemative vote of a
simple majurity of voles east in an election on the question,
(2) Should the electorate approve any kind of nan-property tax, the following mill
levy reduction shall oveur:
Th each fiscal year, anticipated receipts fiona a loeal option, uen-properly tux not
fn effect when this charter takes effect shall be applied to reduce the property tax,
mill levy for the fiscal year by an amaunt equal to at least 5 percent of the local
option, non-property tix revcipts for the previous Bseal year
tion 1.03 Self Government Authority
‘The ‘Town shall have the authoricy to exoreise those self: governing powers not
prohibited hy the constitution, law or this chavtet,
Section 1,04 Construction
The powers of the Town under this Charter shall he construed libcrally in favor of
the own and speeilie wnention of particular powers in the Charicr shall nol be consteneed
as limiting in anyway the powers slated in this article,

s

Page Lot 6
ARTICLE AL
TOWN BOUNDARIES
Section 2.01 Town Boundaries

The corporate boundaties uf the ‘Town of West Yellowstone, Montana shall
remain fixed and established, ag they exist on the dale this charter takes efleet, provided
thatthe Tan shall have the power fo change its boundaries in the manner provided by
ta

AWEICLE LL
ORGANIZATION OF THE TOWN
Section 3.11 Oath of Office

Beton beginning the dutics of office, all elected Town officiats shall take and
subscribe to the oath of ollice established in Article I], Section 3 of'the Constitution of
Montana,

Section 3,02 Structure of Government

The governing hasdy of the Town of West Yellowstone shall be a Town council
cunsisting of live council members, one of who shall be the mayor who shatl be
selected by the couneil thom among its own numher pursuant to Section .05(1).
Section 3.03 Ibwn Council: Composition, Powers amd Meetings

(1) All of the powers of the ‘own shall be vested in the Town council except as
atherwise provided hy law or this Charter.

(2) Tie Town councit shafl moot regularly atleast once a mnoatl al such times und
places as the council may preseribe, Special meetings may he held an the call af the
mayor of three members of the counel, Stich special meetings shall be public and,
whenever practicable, called ony upon forty-eight (48) hours notice to tke publi.

G) A quorum af the eouneil shall be constituted by the peeseace ol any Uhcee (2)
council members, one of whom may he the mayor.

(4) The council's presiding officer may clese the council meeting to the public
nly as provided by Lavy

Pape 2a
Seetion 3.04 Town Couneil: Ele
Removal aud Filling Vacancies

(1) Five council members shall be elected at large on a nonpartisan basis.

(2) Council memiers shall have a term of office af four years.

(3) Council meznbers shall ceside within the Town limits and shall be qualified

volers of
the Lown of West Yellowstone,

(4) The council shall establish hy ordinance the compensation uf its members sad
the mayor.

(5) The ollice of council member shall became vacant upon the death,
resignation, forieiture or resnoval Irom olTive by any method authorized hy

(6) When a vacancy occurs in the office of coun metnber, the position shall be
considered open atid subject to nornination and election ax the next gensral municipal
lection, except the term af office shall he limited to che unexpived term of the person
who originally ercaled the wacaney: Pending such election and qualification the council
sball appoint Tiom among the qualified voters in the Town a persan possessing the
«ualiticacions for oftice required by law and this Charter, within 30 days of the vacaney
to hold the affive undl the successor is elected ancl qualified.
Section 3.05 Lhe Mayor: Eleetion, Powers, Duties, Removal and Filling a Vacancy

(1) The mayor shall be selected fram among the members of the Towa council by
the affirmative vote of a majority of the council

(2)'hte cuuncil member selected shalt serve as lhe mayer lor one year unless
selected for an additional term by the council.

(A) The mayor so selected may be removed hy four (4) council meinber voles,
swhoreupon, a new mayor shall he selected by the council

(4) lee mayor shall be the presiding officer of the council, shall vate as other
council members and tnay not veto measures approved by the couneil. Inthe absence af
the mayor, the couneil shall appoint one of the council members preseat Lo serve as
presiding officer

(5) The mayor shall be the ceremonial officer of the town and shall have no other
duties or responsibilities except, when requized hy the couneil and in the absence of the
town operations manager, the mayor shill perform all adeninisieative duties af the town
operations manager

(6) The office of mayor shall become vacant upon the dent, resignation or
removal fram office by any method anthorized by law or this charter: A successor mayor
shall be appointed by the eouncil as provided in 5

ion, Teraus, Qi

ificativns, Remunes

Page Tol
Seetion 3.06 Operations Manager

(2) The Town eouneil shall appoint a Town operations manager whe shall serve
under contract as the chief execulive and administrative officer of the Town,

(2) The operations managet shall implement snd enforce ths ordinances,
resolutions, policies, directives and eantracts approved by Town council. The upcrations
manager shall administer the affhies of the Kowa, prepare the budget for council
approval, supervise all Town departments and offices, and shall. after consultation with
Ure appropriate department bead, appoint, suspend or remove all emplayces of the Town
the supervision and direction of the Town council

(8) The Tavwn council shall enter inte a contract with suid operations munuger
which shall speeificaly outline the condidions of employment, Said contract shall not
cexooed duration of two years unless specifically renewed by majority vote of the Town
couneil.

(4) The Lown operutions manger may he remaved from office by three affirmative
votes of the ‘Town council.

Section 3.07 Town Departments

‘The Town council shall establish by ordinance any departments necessary 00

perform the doties and abligations imposed upan the Town by law or this charter

Page 4 06
ARTICLE IV
BOARDS, COMMISSIONS AND COMMITTEES
Section 4.01 Roards, Commissions and Committees
The Mayor may appoint, with the ennsent ofthe Town council, such bourds,
omissions or eonmmitiees, a8 the council deems necessary. These hodios shall serve at
the pleasue ofthe eouneil and will excreise only those powers granted them by the
counell through specific resolution or ordinance.

Page Sof
ARTICLE Y
GENERAL PROVISIONS: INITLATIVE, REFERENDUM
RECALL, SEVERABILITY AND AMENDME!
Section 501 Lnitiative and Referendum
Procedures tor initiative and referendum shall be as eoquited by law.
Section 5.12 Recall Hrovisions
ny member of the Town council including the mayor may be removed Irom
oollfcx by recall of the cleutors of the Town, as provided by laws.
Section 5.03 Severability
TRamy provision of this Charler is held invalid, the other provisions of this
CChavtr shall not be etfecred thereby. Ifthe applivation of the Chirter or any af ts
provisions to any person or ciecurnstance is held invalid, the applicutinn of the Charter
and ils provisions to other persons or circumstances shall aot be affected thereby.
Section 5.04 Amendment of the Chacter
This Charter may be amended only a5 provided by law. An affirmative vote of a
simple tnajatiy of votes east in an clextion on this question shall amend the Charter

Page 6 006