* Current salary resolutions for city officials are on file in the city clerk's office. For provisions concerning the city zoning officer, see Chapter 19.80; for the zoning commission, see Chapter 19.82; for the board of adjustment, see Chapter 19.84; for the zoning design review board, see Chapter 19.86; for the cemetery board of trustees, see Chapter 12.44.
2.02.010 Duties designated. The mayor is the chief executive officer of the city and shall:
A. Nominate and, with the consent of the council, appoint all non-elective officers of the city provided for by the council, except as provided by state law;
B. When he may deem proper, suspend and, with the consent of the council, remove any non-elective officer, stating in the suspension or removal the cause therefor;
C. Cause the ordinances of the city to be executed and supervise the discharge of official duties by all subordinate officers;
D. Communicate to the council at the beginning of every session, and more often if deemed necessary, a statement of the affairs of the city with such recommendations as he may deem proper;
E. Recommend to the council such measures connected with the public health, cleanliness and ornament of the city and the improvement of the government and finances as he deems expedient;
F. Approve all ordinances and resolutions of the council adopted by it. In case the same do not meet his approbation, he shall return the same to the next regular meeting of the council with his objections in writing, and no ordinance or resolution so vetoed by the mayor shall go into effect unless the same be afterwards passed by two-thirds vote of the whole number of the members of the council;
G. Veto any objectionable part of a resolution or‑ordinance and approve the other parts. If the mayor fails to return any resolution or ordinance to the council, the same shall take effect without further action;
H. When he may deem proper, call special meetings of the council. He must state the object of such meeting at the time of calling same, and the business of the meeting must be restricted to the stated object;
I. Cause to be presented, once every three months, a full and complete statement of the financial condition of the city;
For statutory provisions on the powers of the mayor, see MCA §§7‑4‑4303‑‑7‑4‑4306, 7‑4‑4114(2), 7‑5‑4102(1),
7‑5‑4122, 7‑5‑4205 and 7‑5‑4206.
J. Bid in for the city any property sold at a tax or judicial sale in which the city is a party or interested;
K. Have in his control the seal of the city;
L. Take and administer such oaths as he deems proper;
M. When he may deem proper, call on any citizen of the city over the age of eighteen years to aid in the enforcement of the laws and ordinances in case of riots; call out the militia to aid him in suppressing the same or other disorderly conduct, in preventing and extinguishing fires, for securing the peace and safety of the city and for carrying into effect any law or ordinance. Any person who does not obey such call shall forfeit to the city a fine not exceeding twenty‑five dollars;
N. When he may deem proper, require of any of the officers of the city an exhibit of his books and papers;
0. Grant pardons and remit fines and forfeitures for offenses against city ordinances when in his judgment public justice would be thereby served; but he must report all pardons granted, with the reasons therefor, to the next regular council meeting;
P. Perform such other duties as may be prescribed by law or by resolution or ordinance of the council;
Q. Have such power as may be vested in him by ordinance of the city in and over all places within five miles of the boundaries of the city for the purpose of enforcing health and quarantine ordinances and regulations thereof. (Prior code §2‑33.1).
2.03.010 Statement of purpose. The purpose of this chapter is to provide the mayor with the authority to adopt administrative rules pursuant to Section 7‑1‑4126 MCA which states, "the governing body may by ordinance authorize the Chief Executive to adopt administrative rules." It is imperative that the mayor have the power to adopt administrative rules for the following reasons:
A. In order for the mayor to perform his/her responsibility of administering city ordinances and resolutions, it is desirable and necessary that such city ordinances and resolutions be implemented through city policy and practice in a personnel policy manual and/or an administrative rule book;
B. It is desirable and necessary for the mayor to exercise authority over the activities and personnel in city administration;
C. In order to insure consistency of policy and procedure, it is desirable and necessary for the mayor to refer to written administrative rules in administering city services and supervising city activities and personnel in a fair and equitable manner; and
D. It is desirable and necessary that city practices and procedures be written so that all affected parties can readily ascertain what is expected of them. (Ord. 2232 §1, 1981).
2.03.020 Authority. The mayor is authorized to adopt administrative rules pursuant to Section 7‑1‑4126 MCA and as provided in this code. (Ord. 2232 §2, 1981).
2.03.030 Administrative rule defined. An administrative rule, for the purposes of this chapter, is a city regulation, standard, or statement of general applicability that implements, interprets, or prescribes city law or policy or describes city practice or procedure. (Ord. 2232 §3, 1981).
2.03.040 Application. This chapter shall include but not be limited to
A. Personnel policy rules and procedure;
B. City motor vehicle use;
C. Implementation of all city ordinances and resolutions;
D. Descriptions of city policies and practices. (Ord. 2232 94, 1981).
2.03.050 Public notice. For two weeks prior to adoption, all administrative rules under consideration shall be posted in the city clerk's office. All administrative rules so adopted shall be entered into an administrative code that is available in the city clerk's office. (Ord. 2232 §5, 1981).
2.03.060 Construction and effect. No administrative rules adopted pursuant to this chapter shall conflict with or supersede any duly passed ordinance or resolution of the city council. (Ord. 2232 §6, 1981).
2.03.070 Right of repeal‑‑Amendment. The city council reserves the right and authority to enact ordinances or resolutions repealing or amending regulations promulgated pursuant to this chapter. (Ord. 2232 §7, 1981).
2.03.080 Savings provision. This chapter does not affect rights and duties that matured or proceedings that were begun before the effective date of the ordinance codified in this chapter. (Ord. 2232 §8, 1981).
FEES FOR SERVICES
2.04.010 Statement of purpose. The purpose of this chapter is to establish a procedure for the adoption, amendment or repeal of fees for services provided by the city pursuant to the legislative power granted a municipality pursuant to Section 7‑1‑4123, MCA, authorizing the adoption, amendment and repeal of ordinances and resolutions required in order to impose a special assessment reasonably related to the cost of any special service or special benefit provided by the municipality or impose a fee for the provision of a service. (Ord. 2520 §1, 1986).
2.04.020 Form of implementation. Pursuant to the legislative power granted to it pursuant to Section 7‑1‑4123, MCA, for the purpose of adopting, amending or repealing a special assessment reasonably related to the cost of any special service or special benefit provided by the municipality or imposing a fee for the provision of a service, all such fees shall be adopted, amended or repealed pursuant to either an ordinance or resolution adopted by the city council. Once any fee is established pursuant to the power and authority of Section 7‑1‑4123, MCA, and it is necessary to establish procedures for the imposition and/or collection of any fee, the mayor may implement any necessary procedure pursuant to the mayor's authority to adopt administrative rules pursuant to Ordinance 2232*, adopted October 26, 1981. Any proposed administrative rule implementing any necessary procedure shall be submitted to the city council for comment prior to actual implementation. (Ord. 2520 §2, 1986).
* Editor's Note: Ordinance 2232 is codified in Chapter 2.03 of this code.
2.06.010 Powers generally. The city council has and shall exercise all legislative powers, functions and duties
conferred upon the city or its officers. (Prior code 52‑4).
* For statutory provisions on powers of city council, see MCA §7‑5‑4101; for provisions regarding the authority of the council to determine rules for its proceedings, see MCA 5§7‑5‑4103 and 7‑5‑4123.
A. The city council shall make all orders for the doing of work or the making or construction of any improvement, bridge or building.
B. It shall levy all taxes, apportion and appropriate all funds, and audit and allow all bills, accounts, payrolls and claims and order payment thereof.
C. It shall make all assessments for the cost of street improvements, sidewalks, sewers and other work, and improvements or repairs which may be specially assessed.
D. It shall make or authorize the making of all contracts, and no contract shall bind or be obligatory upon the city unless made and approved either by a roll call vote of the city council, ordinance or resolution adopted by the council or pursuant to any other approval procedure established and adopted by the city council. All contracts and all ordinances and resolution making or authorizing the making of contracts shall be drawn by the city attorney, or approved by such officer as to form before the same is made or passed.
E. The council may, from time to time, require any superintendent or officer to report to the council in writing respecting the business of his department or office on matters connected therewith. (Ord. 2943 §1, 1995: Ord. 2654 §1, 1989; prior code §2‑6).
2.06.030 Meetings‑‑Time and place. The city council shall hold regular meetings on the first, second, third and fourth Mondays of each month, at an hour set forth in the city council rules. The council may adjourn any regular meeting at any specific time, and such adjourned meeting shall be considered a regular meeting for the transaction of all business which may come before the council. (Ord. 2943 §2, 1995; prior code §2‑7).
2.06.040 Special meetings‑‑Calling. Special meetings may be called, from time to time, by the mayor, or by eight councilmen, upon written notice thereof being given by the city clerk to all of the members of the council in the city, and special meetings may be held at any time, without notice, when all members of the council are present. (Prior code §2‑8).
2.06.050 Quorum. A majority of the members of the council constitute a quorum for the transaction of business, but a less number may meet and adjourn to any time stated and may compel the attendance of absent members, under such rules and penalties as the council may prescribe. (Prior code §2‑9).
2.06.060 Presiding officer. The mayor, and in his absence, or his inability to act, the president of the council, shall preside at all meetings of the council. In the event of the absence of both the mayor and the president of the council, or their inability to act, the vice president of the council, shall preside at all meetings of the council. In the event of the absence of the mayor, the president of the council and the vice president of the council, or their inability to act, the council may appoint one of its members to preside. (Ord. 2654 §2, 1989; prior code §2‑10).
2.06.070 Place of meetings. All meetings of the council shall, unless otherwise ordered by the council, be held in the council chambers at city hall. (Prior code §212) .
A. The city attorney shall, upon the expiration of his term of office, or his resignation thereof, or removal therefrom, furnish the city council with a full and complete report of all cases pending in the courts of record in which the city is interested as a party thereto.
B. The city attorney shall, when requested by the city council, furnish a report in writing to the city council, containing a statement of all suits instituted and pending in the courts of record in which the city is plaintiff or defendant, in which report shall be stated the names of all defendants and plaintiffs, the nature of the actions, the date of commencement and the several steps that may have been taken in court during his term of office to bring such suits to a final determination, to be accompanied with such explanatory remarks as he may deem fit to append to the end that the council may be kept fully advised of the legal affairs of the city. (Prior code §231) .
* For statutory provisions on the city attorney, see MCA §§7‑4‑4601‑‑7‑4‑4605.
2.08.020 Private practice prohibited. The city attorney shall be a full‑time officer of the city and shall not engage in any private practice. His office shall be established in the Missoula City Hall. (Ord. 1811, 1977).
2.08.030 Delivery of papers to successor. Upon the expiration of his term of office, or his resignation thereof, or removal therefrom, the city attorney shall forthwith, on demand, deliver to his successor in office all papers in his hands belonging to the city and all papers in actions prosecuted or defended by him, then pending or undetermined. (Prior code §2‑30).
2.08.040 Appointment of City Attorney. The mayor, with the advice and consent of a majority of the city council, may appoint a city attorney. (Ord. 3301 §1, 2005)
PUBLIC WORKS DEPARTMENT
2.10.010 Composition. The public works department of the city shall consist of a public works director, assistant public works director, and various divisions consisting of the streets division, sewer facilities division, vehicle maintenance division, and other divisions as determined by the city council. (Ord. 3492, 2013; Ord. 2655 §1, 1989).
A. The director of public works shall manage and have charge of repair and maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts, and other public highways; of watercourses; of boulevards, squares and other public places and grounds belonging to the city or dedicated to public use, except parks and playgrounds and buildings not part of the department. The Director shall coordinate with the Development Services Director to implement construction and improvement projects and the making and preservation of all surveys, maps, plans, drawings, and estimates for Public Works and Development Services. The Public Works Director shall manage sewage collection and disposal facilities and all public utilities of the city. They shall have charge of the cleaning, sprinkling, and lighting of streets and public places; and the preservation of contracts, papers, plans, tools and appliances belonging to the city and pertaining to the department.
B. He/She shall be the supervisor of plats of the city. He/She shall see that the regulations governing the platting of all lands in regard to streets, alleys, drainage and public utilities are conformed with.
C. The director of public works may also be the city engineer or may designate another city official to serve in that capacity.
D. The director of public works shall serve as street commissioner and be responsible for the duties of that position as specified by the Montana Codes Annotated. (Ord. 3492, 2013; Ord. 2655 §2, 1989).
2.10.030 Repealed. (Ord. 3492, 2013; Ord. 2655 §3, 1989).
2.10.040 Repealed. [Codifier’s note: In 2013, this section was repealed and recodified as Section 2.11.050] (Ord. 3492, 2013; Ord. 2655 §4, 1989, prior code §2‑32).
The Development Services office is hereby established. Development Services is responsible for the effective provision of services to the community on the city’s behalf including: administration, planning, engineering, code compliance, permitting, land use, transportation services, and public and private building/construction projects. (Ord. 3491, 2013)
Development Services shall include a Development Services Director, Assistant Director, City Engineer, Certified Building Official and various divisions including: Planning, Development and Building Review, Transportation Services and Engineering. The Development Services Director shall be appointed by the Mayor with the advice and consent of City Council. The Development Services Director may appoint a person to serve as Assistant Director who shall assist the Development Services Director in carrying out the duties prescribed herein. (Ord. 3491, 2013)
Wherever there is a reference to the “Office of Planning and Grants” or any of its subdivisions in city laws, city regulations and plans, city contracts, city agreements or letters pertaining to the city, after January 1, 2013, such reference shall be understood to mean Development Services. (Ord. 3491, 2013)
2.11.040 Development Services Director—Duties generally. The Development Services Director shall operate under the supervision of the Chief Administrative Officer and the Mayor. The Development Services Director may designate one or more employees to assist in carrying out the following duties:
A. The Development Services Director shall plan, direct, oversee and administer the activities and operations of Development Services for the City of Missoula in accordance with state and local laws and regulations.
B. The Director shall serve as the city’s zoning officer/official and shall administer the City’s zoning regulations, including Title 20 Missoula Municipal Code; and
C. The Director shall be responsible for the administration and maintenance of City Council adopted land use policies, laws and plans.
D. The Director shall serve as the city’s street commissioner and is responsible for administration and management of the City’s right-of-way; and
E. The Director is charged with supervising plats of the city and shall see that regulations governing the platting of all lands conform to regulations approved by the City; and
F. The Director shall coordinate and cooperate with City and County personnel to ensure the efficient and effective delivery of services.
(Ord. 3491, 2013)
The city engineer shall perform such duties as specified by the Development Service Director, those duties as specified in the Montana Code Annotated, and other such duties as specified in this code. The City Engineer may also serve as a division head in Development Services. (Ord. 3491, 2013)
A. The city establishes the building inspection division of the Development Services office, as the Building Code enforcement agency, exclusive of the International Fire Code, for the city and its jurisdictional area. The division shall be under the administrative and operational control of the building official. (Ord. 3491, 2013)
B. The powers and duties of the building official are as set forth in the state building codes which are adopted by the city. All reference in these codes to the "authority having jurisdiction" shall refer to the building official. (Ord. 3491, 2013)
The building official shall be appointed in the same manner as all other division heads within Development Services. (Ord. 3491, 2013)
The Building Official has jurisdiction and authority as authorized by Montana state law. (Ord. 3491, 2013)
2.12.010 Duties generally. It shall be the duty of the municipal judge to keep the docket required by the laws of the state to be kept by justices of the peace, to hear and determine all cases that may be instituted in the municipal court under the ordinances of the city, and to pay all fines collected for the violation thereof to the city treasurer daily or oftener if required. (Ord. 2051 §6, 1979; prior code §2‑26).
* For statutory provisions on the city judge, see MCA 553‑6‑201‑‑3‑6‑203.
2.12.030 Acting judge‑‑Procedure. When the judge of the municipal court has been disqualified or is sick or unable to act, the judge shall call in a practicing attorney of the county in which the court is located, who shall be acting judge with the same powers for the purposes of such cause as the judge of the municipal court. (Ord. 1860 §1, 1977) .
2.12.040 Acting judge‑‑Compensation. Whenever an acting judge is called in to preside over municipal court, the amount of his or her compensation shall be the same as that of the municipal court judge. In all cases in which an acting judge is called in to preside over the municipal court, the compensation of the acting judge shall be based on the number of hours actually worked. (Ord. 1860 §2, 1977) .
2.12.050 Acting judge‑‑Vacation. The city will provide compensation for an acting judge to replace the municipal court judge during vacation for a period not to exceed three weeks each year. Should the municipal court judge retire, or his or her term expire without having taken three weeks' vacation, the judge shall not be entitled to compensation for the unused leave. (Ord. 1860 §3, 1977).
2.16.010 Violation of bond. It shall be a violation of the treasurer's bond if he deals in, uses or speculates upon, directly or indirectly, either by agent or by associating himself in business with a partner or partners, by buying or selling, or in any other manner, city warrants, orders or other evidence of indebtedness to the city, or if he applies in any manner any money of the city, warrants or funds, in his possession as treasurer, to his private use or benefit, and he shall be prosecuted therefor as provided by law. (Prior code §2‑29).
* For statutory provisions on the city treasurer, see MCA §§7‑6‑4104‑‑7‑6‑4106, 7‑6‑4402, 7‑6‑4601 and 7‑6‑4602.
CITY OFFICERS GENERALLY*
2.18.010 Appointments generally. The mayor is empowered, with the advice and consent of the city council, to appoint a city attorney, city clerk, city treasurer, chief of police, fire chief, public works director and any other officers necessary to carry out the provisions of Title 7, MCA. The city council may by ordinance prescribe the duties of all city officers and fix their compensation. (Ord. 3019, 1997; Ord. 2657 §1, 1989; prior code §2‑13).
2.18.020 Council authority to appoint deputies and assistant. The council may from time to time authorize and empower the department heads to appoint such deputies and assistants as may be necessary and required in the different offices of such departments consistent with federal and state employment laws and the city's personnel policies for hirings. (Ord. 2657 §2, 1989; prior code §2‑15).
CITY OFFICERS' BONDS"
A. The following officers shall furnish the city a surety bond, conditioned upon the faithful performance of their duties or trusts, in the following amounts:
1. City clerk $ 5,000.00
2. City treasurer $100,000.00
3. Deputy city treasurer $ 10,000.00
4. Municipal court judge $ 5,000.00
5. Clerk of municipal court $ 5,000.00
6. Building inspector $ 5,000.00
B. The city council may require bonds for city officers and employees in addition to those enumerated in this section. All bonds must be conditioned according to law and in such amounts as the council may determine.
C. All official bonds enumerated in this section must be approved by the city council.
D. All official bonds enumerated in this section, after approval by the city council, shall be filed with the city clerk, except the bond of the city clerk, which must be filed with the city treasurer. (Ord. 2051 §5, 1979: Ord. 1809, 1977; prior code §2‑22).
* For statutory provisions on the duties of a city clerk, see MCA §§7‑4‑4501‑‑7‑4‑4503, 7‑5‑4409, 7‑6‑4107 and 7‑6‑4403; for provisions on the authority of the council to abolish appointive officers, see MCA §7‑4‑4105; for provisions on the consolidation of offices by the council, see MCA §7‑4‑4106.
** For statutory provisions on bonds of city officers, see MCA §§29‑801‑‑29‑805.
COMPENSATION FOR CITY OFFICIALS
2.22.010 Salaries of city officials and employees. The city council shall determine by ordinance or resolution the salaries and compensation of elected and appointed city officers and all city employees, which may be accomplished pursuant to the annual adoption of an ordinance or resolution establishing the city budget. (Ord. 2658 §1, 1989: Ord. 2051 §9, 1979).
COMPENSATION FOR BOARD MEMBERS
2.24.010 Compensation of certain board members. All members of the city‑county library board, park and recreation board, board of trustees of the cemetery, zoning commission, board of adjustment, parking authority, housing authority, urban renewal board, city‑county planning board, animal control board, design review board, city‑county health board, historic preservation advisory commission, citizens advisory committee on open space acquisitions, building code board of appeals, public art committee, and gambling commission shall serve without compensation being paid specifically for serving on the respective board, authority or commission. (Ord. 2659 §1, 1989: Ord. 2051 §3, 1979; prior code §2‑3).
2.26.010 Purpose. Based upon the findings and determinations, contained in Ord. 1900, made upon study, observation and inquiry relating to the available housing to persons of low income and elderly families and upon the facts presented and discussed in the public hearing held as mentioned in Ord. 1900, the City Council concludes that it is to the best interests of the city and all of the inhabitants thereof as well as the inhabitants of the surrounding area that a Housing Authority be created and the Mayor be authorized to appoint seven commissioners to act as an authority in accordance with the terms of the statutes of the state. (Ord. 3265 §1, 2004; Ord. 1900 §1, 1978).
2.26.020 Powers limitation. The housing authority shall not have the power to acquire any property by eminent domain. (Ord. 1900 §2, 1978).
A. There is created and established a parks and recreation board for the city composed of seven persons to be appointed by the mayor in consultation with the appropriate city council committee and with advice and approval of the city council. The seven appointed members shall have the same qualifications for the office of parks and recreation board member as are required by the laws of the state for the office of mayor.
B. The term of office of each parks and recreation board member shall be three years, their terms commencing May 1st of the year of which they are appointed.
C. The parks and recreation board shall constitute a city board exercising authority and empowered as provided in this chapter and Montana state law.
D. The city park board shall designate one of its members to serve on the city open space advisory committee.
E. Before entering upon the discharge of duties, each parks and recreation board member shall take and subscribe the oath provided by the laws of the state for city officials, which oath shall be filed in the office of the city clerk.
(Ord. 3010, 1996; Ord. 2868 §1, 1993:‑ prior code §2‑37).
A. The city board of parks and recreation shall have such powers, hold such public meetings with public record minutes provided to the city clerk and perform such duties as are provided by the laws of the state and any other powers or duties not inconsistent therewith granted to it by the provisions of this code or other ordinance of the city.
B. Pursuant to § 7-16-4222, Montana Code Annotated, the city park and recreation board may exercise the following powers and duties for any park or open space matter that has not been specifically addressed by city ordinance, resolution or the applicable portion of the city budget:
1. to make all rules for the use by the public of parks as well as open spaces, greenways and trails placed under the care and control of the city parks and recreation board;
2. to make all rules necessary or convenient to protect and promote the growth of trees and plants in parks, streets, avenues, alleys, boulevards, and public places under the care and control of the board and for the protection of all birds inhabiting, frequenting, or nesting in the parks, streets, avenues, boulevards, and public places; and
3. to provide penalties for the violation of the rules that do not involve municipal court fines or imprisonment.
C. The city park and recreation board shall serve as an appellate body for any appeals by a property owner adjacent to any city boulevard tree for which the city parks and recreation department intends to remove the tree or trim more than half of the tree's branches. Notice to adjacent property owners and any appeal shall be pursuant to the city tree ordinance.
D. The mayor and city council retain authority granted to them by state law in the following areas:
1. To have all personnel decisions made by the mayor pursuant to the policies and regulations governing other city personnel decisions;
2. To have all claims allowed or disallowed pursuant to contract and claim procedures established by the governing body of the city;
3. To have all warrants signed by the city clerk and countersigned by the mayor;
4. To determine the city fees for park or facilities use, admissions, programs or services;
5. To determine the city parks department budget and any individual program funding; and
6. Any city management policies with respect to use and management of parks, open space and trails specifically addressed by city ordinance or resolution. The city parks and recreation board may provide timely advice and recommendations to the mayor and city council concerning subsections 4, 5 and 6 or any other matters related to city parks. (Ord. 3010, 1996; Ord. 2868 §2, 1993; prior code §2‑38).
* For statutory provisions on the board of park commissioners, see MCA §7‑16‑4201 et seg.
A. The parks and recreation director shall be appointed by the mayor with the advice and consent of the city council pursuant to the mayor's general appointment authority in Section 2.18.010.
B. The city clerk may designate the director as the clerk's designee as ex officio clerk of the board of park commissioners who shall attend all meetings of the board and keep correct minutes of all proceedings of the board in a book to be provided for that purpose with a copy provided timely to the city clerk for distribution to city elected officials. (Ord. 3010, 1996; Ord. 2868 §3, 1993; prior code §2‑39).
2.30.010 Appointment‑‑Terms. The mayor shall nominate and, with the consent of the city council, appoint three residents of the city, who shall have the qualifications required by law to hold a municipal office therein, who shall constitute a board to be known by the name of "police commission," and who shall hold office for three years, except that the first board appointed under the provisions of the ordinance codified in this chapter shall consist of one member for a term of one year, one member for a term of two years and one member for a term of ' three years. One member of such board must be appointed annually at the first regular meeting of the city council in May of each year. (Prior code §2‑34).
2.30.020 Duties‑‑Compensation‑‑Officers. The duties of the police commission are such duties as are prescribed by state law and such other duties as are prescribed in the ordinances of the city. Each member of the police commission shall be compensated at the rate of ten dollars per day for each day's attendance at sessions of the police commission or at hearings or trials before the police commission, not to exceed, however, the sum of fifty dollars compensation in any one month. The board may be reimbursed for its necessary expenses. The board shall select one of their number chairman and one secretary. (Ord. 2051 §8, 1979; prior code §2‑35).
* For statutory provisions requiring a police commission, see MCA §7‑32‑4151 and 7‑32‑4152.
2.30.030 Records. The secretary of the commission shall keep correct minutes of all proceedings of the commission in a book to be provided for that purpose by the city to be called "record of the police commission," and he shall perform such other services as the commission may require. (Prior code §2‑36).
2.32.010 Composition. The police department shall consist of the chief of police and such number of policemen as the city council may designate. (Prior code §25‑1).
2.32.020 Duties generally. It shall be the duty of the chief of police, assistant chief of police and all policemen to enforce the ordinances of the city and preserve the peace, good order and quiet thereof, and also to enforce therein the criminal laws of the state. (Ord. 2660 (part), 1989; prior code §25‑5).
A. The chief of police shall direct the planning, organization, coordination and operation of the police department divisions through the respective division captains.
B. The chief of police shall be responsible for carrying out the primary police tasks which include repression of crime; regulation of conduct; prevention of accidents and congestion; apprehension of criminals; recovery of stolen property; gathering of evidence and its preparation for the prosecution of individuals charged with criminal offenses; elimination of commercialized vice; investigation of conditions affecting health and moral welfare of the community; and the prevention of crime committed by juveniles.
C. The chief of police shall develop, execute and periodically review department policies and procedures.
D. Within the limits of delegated authority, the chief of police shall be responsible for the selection, placement, promotion, training, development, safety, appraisal and discipline of department personnel.
E. The chief of police shall review and revise the division captains' budget estimates and consolidate same into a department budget.
F. The chief of police will cooperate with county, state and federal officers in the apprehension of wanted
persons, and supervise the preparation of reports for the mayor and city council. He shall furnish the city council a quarterly summary of the work of his department as outlined in Section 2.70.020 of this title.
G. The chief of police or his designee shall attend upon the city court regularly and at the request of city officials attend meetings and perform related work as well as perform those duties prescribed by the city council. (Ord. 2660 §1, 1989: Ord. 2049 §3, 1979; prior code §25‑7).
* For statutory provisions on the police department generally, see MCA §§7‑32‑4018 and 7‑32‑4113.
A. The chief of police shall cause to be executed all the orders of the health officer so far as they may relate to the preservation of the health of the city.
B. He shall also execute all the orders of the public works director for the protection of the streets, alleys and sidewalks of the city, and shall, upon such order, arrest any and all persons not in the employ of the city who may be found obstructing or interfering with the same, without a written permit from the public works director. (Ord. 2660 §2, 1989; prior code §25‑9).
A. The assistant chief of police shall aid and assist the chief of police in the performance of his duties, and shall in the absence of the chief of police or his inability to act, perform the duties of the chief of police, He shall have the same powers as the chief of police and perform the same duties, and shall have charge of all the policemen at such times and during such hours as the chief of police may direct.
B. He shall be subject to the same penalties for the misfeasance or nonfeasance of duty as is the chief of police. He shall be subject to the orders of the chief of police in the performance of his duty, but all policemen shall obey his orders and respect his authority when not in conflict with orders received from the police chief. (Ord. 2660 (part), 1989; prior code §25‑10).
Pursuant to MCA 7-32-4301 (2), this section authorizes Missoula city police officers jurisdiction and authority to make arrests within five miles of the city limits. (Ord. 3431 §1, 2010)
During December of each year, the Missoula Police Department shall update the City Council on police activity initiated outside the Missoula city limits and under the authority of MMC Section 2.32.060. (Ord. 3431 §2, 2010)
2.34.010 Composition. The fire department of the city shall consist of a chief, assistant chief and such number of firemen as the city council may from time to time designate by ordinance or resolution. (Ord. 2661 §1(part), 1989; prior code §11‑10).
2.34.020 Chief and assistant chief‑‑Duties during fire. The chief of the fire department, or, in his absence, the assistant chief, may, during the progress of any fire, whenever in his judgment it becomes necessary in order to check or control same, order any building, fence or structure to be cut down or removed. He shall, with the consent. of the mayor, or with the consent of two members of the city council, have power to cause any building or structure to be blown up for the purpose of checking or extinguishing any fire. He shall have power, with the consent of the city council, to order removed any portion of any building which may be standing after a fire, whenever, by resolution of the city council, such portion of any building so remaining may be adjudged to be dangerous to persons or property. (Ord. 2661 §1(part), 1989; prior code §11‑12).
2.34.030 Chief and assistant chief‑‑Right of entry. The chief or assistant chief of the fire department shall have power to enter and examine any building within the city, or within three miles thereof, in which fire is being used, or is to be used, for the purposes of inspecting the same; provided, that such inspection be within reasonable hours; and with the concurrence of the city council, he may condemn such building and order it rebuilt or repaired. so as to be entirely consistent with public safety. (Ord. 2661 §1(part), 1989; prior code §11‑16).
2.34.040 Regulation adoption authority. The city council shall have the power to adopt such rules and regulations governing the conduct of members of the fire department and imposing a penalty for the violation of such rules and regulations as the council shall deem necessary. (Ord. 2661 §1(part), 1989; prior code §11‑13).
BUREAU OF FIRE PREVENTION
2.36.010 Established. The Bureau of Fire Prevention is hereby established in the city fire department and shall be operated under the supervision of the chief of the fire department for the purposes of enforcing the fire code adopted pursuant to Chapter 15.08.. (Ord. 3436 §1, 2010; Ord. 2662 §l, 1989; prior code §11‑17).
2.36.020 Membership. The bureau of fire prevention shall consist of a fire marshal and such other personnel as
the council may provide. The chief of the fire department may assign such members of the fire department as inspectors
as shall, in his opinion, be necessary. (Ord. 2662 §2, 1989; prior code §11‑19).
2.36.040 Repealed. (Ord. 3436 §2, 2010; Ord. 2662 §3, 1989) .
FIRE PREVENTION OUTSIDE CITY
2.38.010 Fire prevention outside city. All agreements, contracts or special provisions that establish special conditions for delivering fire department services to any corporation, firm, governmental agency or individual located either inside or outside the city, shall be coordinated through the chief of the fire department or his designee with the final approval of the city council. (Ord. 2663 §1, 1989; prior code §11‑34).
2.40.010 Precincts. The election precincts of the city shall correspond with the election precincts within the city as fixed by the board of county commissioners for state and county elections. (Prior code §8‑1).
2.40.020 Polling places. The polling places in the election precincts in the city shall correspond with the polling places fixed by the board of county commissioners for each election precinct within the city. (Prior code §8‑2).
2.42.010 Established. There is established in the city a municipal court to be known as "The Municipal Court
of the City of Missoula." The time of such establishment shall be the second day of May, 1977. This section is
adopted pursuant to the provisions of MCA Section 3‑6‑101. (Ord. 1817, 1977: Ord. 1816, 1977; prior code §2‑40).
* For statutory provisions on elections generally, see RCM 1947 §11‑701 et seq. For provisions on dividing
the city into wards, see MCA §§7‑5‑4401(1), (2) and (3), 7‑32‑4108 and 7‑32‑4113.
** For statutory provisions on municipal courts, see MCA §§3‑6‑101‑‑3‑6‑106, 3‑6‑201‑‑3‑6‑204 and 3‑6‑301‑‑3‑6
2.42 020 Municipal court clerk position established. Pursuant to state law, the position of municipal court clerk is established within the municipal court. The municipal court clerk shall assist the municipal court judge in the recording and signing of court proceedings as well as in creating, maintaining and retaining municipal court records. Each year as part of its annual city budget the city council shall set the salary of the municipal court clerk and provide for other necessary expenses that may be incurred in operating the municipal court. (Ord. 2890 §1, 1994).
A. Appeals from municipal court to state district court shall be governed by Montana State law and the Montana Uniform Municipal Court Rules of Appeal to District Court adopted by the Montana Supreme Court.
B. Appeal from a municipal court judgment shall be limited in the following cases:
1. In civil causes, a minimum amount in controversy shall exceed $1,000.00, before the district court has jurisdiction to hear the appeal.
2. In criminal causes, a minimum amount in controversy, fine or restitution shall exceed $300.00 before the district court has jurisdiction to hear the appeal, except if the judgment includes incarceration, no minimum fine may be required for appeal.
3. Appeals may be taken in criminal cases as provided in Montana State law. (Ord. 3062, 1998)
2.44.010 Contract rejection and award. The city council may reject any and all bids on all contracts if the bids are deemed by the city council to be too high, or if the bidders are deemed irresponsible by the city council. All contracts awarded by the city council for the performance of work or services must be let to the lowest responsible bidder. (Ord. 2664 §1(part), 1989; Ord. 2051 §2, 1979; prior code §2‑2).
* For statutory provisions on municipal printing contracts, see MCA §7‑5‑4108.
** For statutory provisions on city libraries, see MCA §22‑1‑301 et seq.
2.46.010 Established. There is established in the city for the use of the citizens thereof a free public library, the same to be under such rules and regulations as may be prescribed by a board of trustees provided for in Chapter 2.56. (Prior Code §17‑1).
2.46.020 Library fund‑‑Tax levy. At the same time as other taxes are levied, the city council shall levy a special tax, not to exceed four and one‑half mills on the dollar, upon all property in the city, for sufficient funds to maintain adequate public library service. This shall constitute a separate library fund and shall not be used for any other purposes. No money shall be paid out of the library fund except upon order or warrant of the library board. (Prior code §17‑3).
2.46.030 Destruction or theft or library property. Any person who shall willfully and maliciously or wantonly and needlessly destroy, mutilate, deface, break, cut, tear, write upon or in any way injure or steal, take or carry away, contrary to the library regulations, any book, pamphlet, newspaper, map, chart, manuscript, plate, picture, engraving, statue or other property belonging to or deposited in the public library of the city shall be punished as provided by Section 1.20.010. To the fine and penalty imposed by such section there shall be added the cost of repairing or replacing the injured or stolen property. All fines and costs of replacing property so taken or injured, collected in any prosecution under this chapter, shall be paid to the city treasurer to the credit of the library fund. (Prior code §17‑2).
2.46.040 Unlawful retention of library property. It is unlawful for any person to retain any book, newspaper, magazine, pamphlet, manuscript or other property belonging to or in or on deposit with the public library or any branch, reading room or institution operated in connection therewith, for a longer time than that prescribed by the rules of the library. Upon notice in writing to the borrower requesting the return of such property it shall be immediately returned. Notice mailed postage prepaid to the borrower's address on file in the library shall be deemed sufficient. (Prior code §17‑4).
2.46.050 Giving false name or address. Any person who knowingly and willfully gives a false name or wrongful address to the library when borrowing books or other property shall, on conviction thereof, be deemed guilty of a misdemeanor. (Prior code §17‑5).
BOARD OF LIBRARY TRUSTEES
A. The affairs of the library shall be managed by a board of five trustees, one of whom shall be appointed by the mayor, with the advice and consent of the city council, four of whom shall be appointed by the board of county commissioners, and at least one of the county commissioners' appointments shall be a city resident. The trustee appointed by the mayor must be a citizen and resident of the city.
B. Trustees shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from library funds. A trustee shall hold his/her office for three‑year terms. A term expires on December 31st of the year in which it expires. A trustee shall serve no more than two full terms of three years in succession. (Ord. 2379 91, 1984; prior Code §17‑6).
2.48.020 Members‑‑Interest in contracts prohibited. No members of the board of trustees shall be interested either directly or indirectly in any contract entered into by the board, and any contract entered into by the board in violation of this section shall be absolutely null and void. (Prior Code §17‑11).
2.48.030 Members‑‑Removal. The city council may at any time, by a vote of not less than two‑thirds of the members of the council, remove from office its member of the board of trustees of the public library. (Ord. 2379 §2, 1984; prior code §17‑7).
2.48.040 Meetings. The board of trustees of the public library shall hold regular meetings at such time as it shall
by resolution or otherwise appoint. Special meetings may be called by the president, and must be called by him upon
the written request of three or more members of the board. Written notices of all special meetings, signed by the president or secretary of the board, must be served personally upon each member of the board, or directed to each member
of the board and deposited, postage prepaid, in the post office in the city, at least twenty‑four hours previous to the time of holding any special meeting. Any special meeting of the board, organized when all members are present and participate in the business transacted, shall be a legal meeting‑of the board, although no notice of such meeting was given. (Prior Code §17‑9).
2.48.050 Rules and regulations. The board of trustees of the public library may adopt such rules and regulations to govern its meetings, and manner of. transacting its business as it shall determine upon, not inconsistent with any of the provisions of this chapter. (Prior code §17‑10).
2.48.060 Powers and duties generally. The library board of trustees shall have exclusive control of the expenditures of the library fund, of construction or lease of library buildings and of operation and care of the library. The trustees shall:
A. Have the power to contract, including the right to contract with regions, counties, cities, school districts, educational institutions, the state and other libraries, to give and receive library service, and to pay out or receive funds to pay such costs;
B. Have the power to acquire by purchase, devise, lease or otherwise, and to own and hold real and personal property in the name of the city, for the use of the library, and to sell, exchange or otherwise dispose of all property no longer required by the library and to insure the property‑of the library;
C. Prepare an annual budget indicating what support and maintenance will be required from public funds and to submit the same to the city council. A separate budget request shall be submitted for new construction or capital improvements to existing library property;
D. Make an annual report to the city council on the condition and operation of the library, including a financial statement. Trustees shall provide for keeping and submission of such records as are required by the state library in its requests for annual reports;
E. Have the powers to accept gifts, grants and donations from whatever and to expend the same for their specific purposes. These gifts, grants and donations shall be kept separate from regular library funds and shall not be subject to reversion at the end of the fiscal year;
F. Exercise such other powers, not inconsistent with law, necessary for effective use and management of the library;
G. The library board shall appoint and set the compensation, subject to the budgetary authority of the city and the county, of the library director (chief librarian) and shall hear grievances from library employees. The library director shall hire and fire other employees of the library in accordance with the county personnel plan;
H. The library board shall prescribe the duties and responsibilities of the library director and other employees;
I. The library board shall adopt bylaws and rules not inconsistent with the state law for its own transaction of business and for the governance of the library, including the days, time and number of regular meetings of the board. The board shall select a chairman and vice‑chairman to serve one year terms which may be consecutive and unlimited in number; and
J. The board of trustees shall oversee the development of additional funding sources to supplement city‑county
appropriations. A report on funding from such other sources including gifts shall be included in the library's budget
presentation. (Ord. 2379 §3, 1984; prior code §17‑2).
DEPARTMENTAL REPORTS TO COUNCIL
2.70.010 Purpose. It is the purpose of this ordinance to establish a process for receiving regular updates regarding strategic plan objectives on a semi-annual basis. It is also the purpose to continue regular quarterly financial reporting by the Finance Office. (Ord. 3048, 1998; Ord. 2323 §1, 1983).
2.70.020 Submission of Reports. The strategic plan status report will be compiled and submitted to the Mayor and City Council for review in January and August of each year. Quarterly financial reports will be prepared and distributed by the Finance Office. (Ord. 3048, 1998; Ord. 2323 §2, 1983).
2.70.030 Other Reports as Requested. From time to time the City Council may request information on specific projects or issues. Individual departments, City agencies, authorities and commissions may be asked to respond either in writing or orally before a Council Committee. Departments, City agencies, authorities and commissions may also want to update the City Council on issues affecting their responsibilities and will refer those reports to the appropriate Council Committee when necessary. (Ord. 3048, 1998; Ord. 2323 §3, 1983).
2.70.040 Contents of report. Any status report required by this ordinance shall contain any information pertinent to the strategic objectives outlined in the strategic plan. The financial report shall include information regarding expenditures, revenues collected, percent of current budget expended, and actual budget amounts remaining. (Ord. 3048, 1998; Ord. 2323 §4, 1983).
RESIDENCY REQUIREMENTS FOR EMERGENCY
PUBLIC SAFETY EMPLOYEES
2.80.010 Purpose. The purpose of this chapter is to better protect the health, safety and welfare of the citizens of the city by establishing a continuous residency requirement for emergency public safety employees of the city who are employed in the police and fire departments. The city council declares that such a regulation is necessary and desirable in order to better ensure a relatively quick response time by public safety emergency personnel whenever emergency public safety employees must be called to work from their residence and desirable regulation in order to promote a feeling of greater personal responsibility for the welfare of the municipality of the city. (Ord. 2381 §1, 1984).
2.80.020 Applicability of chapter. The provisions of this chapter shall be applicable to all peace officers and firefighters employed by the city. The definition of a "peace officer" shall have the same meaning as it does in Montana State law Sections 45‑2‑101(48) and 46‑1‑210(8), MCA. A "peace officer" is defined as meaning any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or make arrests for offenses while acting within the scope of this authority. The definition of a "firefighter" shall have the same meaning as it does in Montana State law Section 19‑13‑104(7). A "firefighter" is defined as meaning a person employed as a full paid firefighter by the city. (Ord. 2381 §2, 1984).
2.80.030 Continuous residency requirement. Except as otherwise provided in Chapter 2.82, every individual employed by the city as either a peace officer or a firefighter shall be required to be a resident of the city or a resident of an area located within a thirty minute average and a reasonable response time from the city limits as determined by the chief of the employee’s respective department. This residency requirement applies from the date of initial employment to the end of employment as a city peace officer or city firefighter (Ord. 3495, 2013; Ord. 2978, 1996; Ord. 2381 §3, 1984).
2.80.040 Exception. Any individual currently employed by the city as a full‑time peace officer or full‑time firefighter who does not currently reside within the geographical limits described in this chapter, shall be allowed to maintain his present residence. In the event that he change his present residence, he must immediately move within the geographical limits described in this chapter. Job‑related calls made to grandfathered residences outside the local directory will be paid for by the resident employee. (Ord. 2381 §4, 1984).
2.80.050 Failure to comply with chapter. Failure of a city peace officer or city firefighter to comply with the provisions of this chapter shall result in the automatic termination of the individual as a peace officer or firefighter employed by the city. (Ord. 2381 §5, 1984).
2.80.060 Measurement of thirty minute average and reasonable response time. The measurement of the thirty minute average and reasonable response time will be measured from the city limits as verified by the employee's respective department chief. Final say on the measurement will rest with the employee's respective chief. (Ord. 2978, 1996; Ord. 2381 §6, 1984).
ESTABLISHMENT OF CONTINUOUS RESIDENCY REQUIREMENTS
WITHIN THE CITY LIMITS FOR CITY DEPARTMENT HEADS AND SUPERVISORY MANAGERS
2.82.010 Purpose of city department head and supervisory manager residency requirements. This chapter establishes a requirement that city department heads and supervisory managers hired after the effective date of this ordinance reside continuously within the city limits. The purpose of this requirement is to promote a greater personal responsibility on the part of department heads and supervisory managers for the general welfare, health and safety of the citizens of the city, while simultaneously having the department heads and supervisory managers as residents contribute to paying their own salary and benefits through city property taxes. The city council declares that this continuous residency requirement for department heads and supervisory managers is desirable and necessary in order to further ensure department head and supervisory manager understanding and sensitivity to city community issues as well as to be financial contributors to their salaries and benefits. (Ord. 3495, 2013)
2.82.020 City department heads and supervisory managers subject to this chapter. This chapter shall be applicable to the following city department head and supervisory manager positions:
A. City Attorney;
B. City Clerk;
C. Central Services Director;
D. City Police Chief;
E. City Fire Chief;
F. Development Services Director;
G. Missoula Redevelopment Agency (MRA) Director;
H. Parking Commission Director;
I. Parks Director;
J. Public Works Director;
K. City Engineer; and
L. Chief Administrative Officer.
(Ord. 3497, 2013; Ord. 3495, 2013)
2.82.030 Continuous residency requirement. After the effective date of this ordinance, every individual hired by the city as a department head or supervisory manager identified in section 2.82.020 shall be required to maintain residence within the city limits. This requirement applies from the date 180 days after initial employment through the duration of employment as department head or supervisory manager. The term “residence” shall mean the department head or supervisory manager’s permanent domicile and legal residence which shall be the permanent physical abode, house or other dwelling place in which the department head or supervisory manager resides and to which the department head or supervisory manager goes and remains when not called elsewhere for labor or other special or temporary purpose and to which the department head or supervisory manager returns in times of repose. (Ord. 3495, 2013)
2.82.040 Exception for individuals currently employed by the City of Missoula. Any individual employed by the City of Missoula on the effective date of this ordinance is not subject to Section 3 of this ordinance and is eligible for promotion without city residency requirements. Any individual employed by the City of Missoula that resides within the city limits on the effective date of this ordinance, including department heads and supervisory managers, may move outside the city limits. Pursuant to Mont. Code Ann. § 3-6-202(2) a municipal court judge is authorized to be a county resident. As long as § 3-6-202(2) is law a municipal court judge is not subject to this ordinance. (Ord. 3495, 2013)
2.82.050 Failure to comply with provisions of this chapter shall result in automatic termination as department head or supervisory manager. Failure of a department head or supervisory manager to comply with the provisions of this chapter shall result in automatic termination of the individual as a department head. Any employee terminated under this chapter may be eligible for city employment exclusive of positions provided for in this chapter. (Ord. 3495, 2013)
HISTORIC PRESERVATION COMMISSION (Repealed, Ord. 3409, 2009)
2.84.010 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord. 2585 §91‑‑3, 1987).
2.84.020 Repealed (Ord. 3409, 2009; Ord. 3184, 201; Ord. 2585 §4, 1987).
2.84.030 Repealed (Ord. 3409, 2009; Ord. 3271, 2004; Ord. 3184, 2001; Ord. 2585 §6, 1987).
2.84.040 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord. 2585 §4, 1987)
2.84.050 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord. 2585 §7, 1987).
2.84.060 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord. 2585 §8, 1987).
2.84.070 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord. 2585 §9, 1987).
CAPITAL IMPROVEMENT PROGRAM FUND
A. Pursuant to the authority granted to the city pursuant to Section 7‑6‑4134 MCA as part of a prudent, well planned and well managed city capital asset program, there is established a separate fund in the city budget to be known as the capital improvement program fund. The monies allocated to this fund shall be earmarked for the replacement and acquisition of property, plant or equipment costing in excess of five thousand dollars, with a life expectancy of five years or more.
B. The mayor shall annually, as part of the annual city budget preparation, review and make recommendations to the city council for the city council's review and consideration, as amended by the city council, an annually updated five year capital improvement program. (Ord. 2764 51, 1991).
CODE OF ETHICS
The Code establishes minimum standards of conduct and is designed to assist public officers, officials and employees in understanding their obligations. This Code of Ethics applies to all officers, officials and city employees, whether full-time, part-time, seasonal or temporary.
Public confidence in government is essential and the City can help sustain it by establishing and enforcing rules to assure the impartiality and honesty of officials and employees in all public transactions and decisions. Each affected agency of city government should inform its employees of the provisions of this chapter and strive to effectively enforce its requirements by seeking appropriate assistance from the City Attorney, Mayor’s office or Personnel office. (Ord. 3110, 1999)
2.88.020 Organizational Responsibility. The administrative and legislative affairs of the city shall be conducted in a manner free from influences and/or activities that compromise the integrity of the process. Services and goods procured by and for the city shall be done so in a fair and unbiased manner. (Ord. 3110, 1999)
2.88.030 Definitions. Unless the context specifically indicates otherwise, the meanings of terms used in this ordinance shall be as follows:
A. Department shall mean and include all divisions, agencies, offices, departments, boards and commissions, authorities or committees of the city.
B. Employee shall mean and include any person in the employ of the city or of any agency or department thereof, whether receiving compensation or not.
C. Gift shall mean any benefit, favor, service, privilege, or thing of value which could be interpreted as influencing an employee’s impartiality. Gifts include, but are not limited to: trips, money, merchandise, foodstuffs, and tickets to sports, civic or cultural events; services or work provided by City suppliers and offers of future employment from City suppliers. Gifts do not include items that would not ordinarily be interpreted as affecting an employee’s impartiality; such as an occasional business lunch, potted plants or flowers, boxes of candy for office personnel, “gimme caps” or advertising office supplies, such as pencils, calendars, or pens, or other token gifts of small value.
D. Immediate and direct official action shall mean any vote, decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority.
E. Officer shall mean and include any person in the service or employ of the city whose office is set forth in the City of Missoula Charter.
F. Official shall mean and include any person who individually, or collectively with others, employs the employees or controls the personnel of any group of employees defined by subsection (1) hereof to be a department, together with any person who individually or collectively with others constitutes a “department” as so defined regardless of whether the person is technically deemed an “officer” or “employee” of the city.
G. Substantial conflict of interest shall mean a situation, which is likely to affect the judgment or actions of an officer, official, or employee in the performance of duties as such officer, official, or employee.
H. Financial Interest shall mean any interest which shall yield, directly or indirectly, a monetary or other material benefit (other than duly authorized salary or compensation for services to the City) to the employee or any other person retaining the services of the officer, official or employee. (Ord. 3110, 1999)
A. Use of Public Property. No officer, official or employee shall request or permit the use of city-owned vehicles, equipment, materials or property or the expenditure of city funds for personal convenience or profit unless authorized by other agreement. Use or expenditure is to be restricted to such services as are available to the public generally or for such employee in the conduct of official business. Administrative Rule # 11 specifically addresses employees’ use of city-owned vehicles in the course of their work.
B. Obligations to Citizens. No officer, official or employee shall grant any special consideration, treatment or advantage beyond that which is available to every other citizen.
C. Except as authorized by law and in the course of his or her official duties, no officer, official or employee shall use the power or authority of his or her office or position with the city in a manner intended to induce or coerce any other person to provide such officer, official or employee or any other person with any compensation, gift, or other thing of value directly or indirectly.
D. No officer, official or employee may ask for or receive, directly or indirectly, any compensation, gift, or thing of value, or promise thereof, for performing or for omitting or deferring the performance of any official duty, or action by the city other than the compensation, costs or fees provided by law. (Ord. 3110, 1999)
2.88.050 Campaign activities. City employees are encouraged to participate in the political process on their own time, with their own personal resources, and outside of the workplace by working on campaigns for the election of any person to any office or for the promotion of or opposition to any ballot proposition. Employees shall not use or authorize the use of the facility of the City of Missoula for such purposes except as authorized by law. See subsection 2 –2-121 (3) MCA which applies to public officers, officials and employees. City employees may provide neutral, objective, and factual data regarding campaign related issues or individuals. (Ord. 3110, 1999)
Gifts do not include items for which fair market value is paid or which are reimbursed by the city, or items received but donated to a charitable organization within 30 days of receipt of the gift. If the gift is a perishable item, such as flowers or candy, it may be placed on a public counter and shared with the public. Meals are not considered gifts or items of value. (Ord. 3110, 1999)
No officer, official or employee shall engage in any act that is in conflict with the performance of official duties. An officer, official or employee shall be deemed to have a conflict of interest if he or she directly or indirectly:
A. Receives or has any financial interest in any purchase, sale or lease to or by the city of any service or property when such financial interest was received or obtained with the prior knowledge that the city intended to purchase, sell or lease such property or service;
B. Is beneficially interested, directly or indirectly, in any contract, sale, lease, option or purchase that may be made by, through, or under the supervision of the employee, in whole or in part, or accepts, directly or indirectly, any compensation, gift or thing of value from any other person beneficially interested therein;
C. Accepts or seeks for others, directly or indirectly, any employment, travel expense, service, information, compensation, gift or thing of value on more favorable terms than those granted to other city employees or the public generally. These favorable terms may not be solicited from any person doing business, or seeking to do business with the city in an area for which the employee has responsibility or with regard to which he or she may participate. This subsection shall not apply to the receipt by elected officials, or by employees who are supervised directly by an elected official, of meals, refreshments or transportation within the boundaries of the city when given in connection with meetings with constituents or meetings which are informational or ceremonial in nature. (Ord. 3110, 1999)
A. During or for six (6) months following termination of office or employment, obtain employment in which he or she will take direct advantage, unavailable to other, of matters with which he or she took immediate and direct official action during his or her term of employment;
B. Engage in any action or litigation in which the city is involved, on behalf of any other person or entity, when the action or litigation involves an issue on which the employee took immediate and direct official action while an employee of the city, for one (1) year following termination of service with the city. (Ord. 3110, 1999)
2.88.120 Ethics Advisory Committee. An Ethics Advisory Committee shall be established to provide advice and counsel to officers, officials and employees who may have a question regarding an issue that relates directly to them. The Committee shall consist of the Chair of Administration and Finance Committee or his or her designee, City Attorney, Chief Administrative Officer, and Personnel Director. The recommendations or comments of the committee are only advisory and hold no weight or affect on the direction the officers, officials and employees take with regard to the issue raised. Members of the committee are charged with keeping all information confidential. They shall monitor the Code of Ethics and recommend changes as the need arises. (Ord. 3110, 1999)
2.88.130 Violation of ordinance. Violation of this ordinance shall be ground for discharge or other disciplinary action. Disciplinary action and grievance procedures will be conducted according to the City’s Personnel Policies and Montana Code Annotated where appropriate. (Ord. 3110, 1999)
2.90.010 Purpose. It is the purpose of the City of Missoula to enhance the quality of the selection and negotiating process for A/E services. Through this procurement procedure the City of Missoula will:
A. Obtain the most qualified professional services at a reasonable cost.
B. Establish an open, documented procedure for selection of professional services.
C. Avoid potential conflicts of interest, or the appearance of favoritism in the selection.
D. Permit all qualified professionals to have an opportunity to be considered. (Ord. 3112, 1999)
A. Professional services of an architectural or engineering nature, as defined by State law, which are required to be performed or approved by a person licensed, registered, or certified to provide such services;
B. Professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and
C. Such other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform. This service includes studies, investigations, surveying and mapping, tests, evaluations, consultations, project programming and scoping, pre-design, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services. (Ord. 3112, 1999)
A. Annual Solicitation/Pre Qualification: At the beginning of each calendar year the City shall publicly advertise the invitation to file Standard Federal Government Form (SF) 254 or the State of Montana equivalent. The 254 or equivalent State filing permits the City to consider a firm for providing professional services as defined in this procedure. The request for this filing is effective for the calendar year and 254 or equivalent State forms will be accepted throughout the year. Qualification for participation will be identified by experience in the following categories:
1. Sanitary sewer main construction
2. Sanitary sewer main SID construction
3. Street and storm drainage reconstruction
4. New street and storm drainage construction
5. Traffic engineering
6. Parking lot construction
7. Structural work
8. Public building remodel or construction
B. Project Solicitation: For Major Projects only, a City Request for Proposal
(RFP) or Request for Qualifications (RFQ) will be publicly advertised and sent
to all firms qualified for the project. Proposals submitted by the consultants
shall contain the Standard Federal Government Form (SF) 255 or equivalent State
of Montana form and other information specifically addressing the rating
criteria. Selections will be made as outlined in the Project Categories section
of this procedure. The (SF) 255 or its equivalent State form may contain up to
ten (10) years of historical projects.
C. RFQ/RFP Format: Requests for proposals will include the following:
1. Project title
2. Project description and reason for project (information required to provide a proposal that will represent a complete design/management process)
3. Scope of services desired
4. Special contract provisions, if any
5. Estimated budget or cost of the project
6. Instructions for submittal of qualifications and format of response
7. Submission deadline
8. Name and telephone number of agency representative
9. Criteria for selection
10. Number of copies desired (Ord. 3112, 1999)
Major Projects: Projects with an estimated fee equal to or in excess of $100,000 for engineering services and equal to or in excess of $25,000 for architectural services will be awarded based on the following criteria and in accordance with Section VI. Evaluation Process for Major Projects:
Professional qualifications necessary for satisfactory performance of required services;
1. Expertise of key personnel;
2. Suggested project approach (understanding of project)
3. Past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules;
4. Demonstrated success in prescribing the use of recovered materials and achieving waste reduction and energy efficiency in facility design (This criteria will be applied only in relevant facility improvements as determined by the department head);
5. Response of references;
6. Ability to meet time schedule;
7. Availability and familiarity to locale.
Intermediate Projects: Projects with an estimated consultant fee in excess of $10,000 and less than $100,000 for engineering services and in excess of $5,000 and less than $25,000 for architectural services will be awarded on a rotational basis of the most qualified consultants per each category of the Annual Solicitation/Pre Qualification Procedure in Section III--Procedure. Criteria for most qualified would include professional qualifications, past performance, and related experience in each category. Award shall be contingent upon the ability of the consultant to meet the project schedule, availability of key personnel and fee negotiation. If the consultant is unable to meet these requirements then the next most qualified consultant on the rotation list will be contacted for negotiation.
Minor Projects: Projects with an estimated fee of less than $10,000 for engineering and less than $5,000 for architectural services are considered minor projects(Architectural consultant providing pre-design and project programming architectural services for Intermediate and Major Projects shall be selected in accordance with the appropriate Project Category based upon the total project cost). The City may award this work to an A/E based upon past performance on similar work, project familiarity, ability to meet time and budget requirements, and availability of key personnel. (Ord. 3112, 1999)
2 90.050 Selection Committee. Under the general direction of the head of the department contracting for an activity, a selection committee shall be assembled which includes:
A. The department head (or designee) who has project management experience/training.
B. One member of the engineering staff
C. Other qualified professional employees of the City who have experience in architecture, engineering, construction, Government and related acquisition matters, or who may be directly affected by the project.
It is important that technical expertise and stakeholders are represented along with staff members who will work on the project. Department head should consider an outside representative to serve on the committee when specific experience is needed but not available in‑house.
The selection committee's responsibilities are as follows:
A. Review the current data files on eligible firms and responses to a public notice concerning the particular project.
B. Evaluate the firms in accordance with the criteria established in this administrative rule.
C. Prepare a selection report for the City Council
recommending, in order of preference, those firms that are considered to be the
most highly qualified to perform the required services. The report shall
include a summary of the evaluation determining the most qualified and the
budgetary authority to complete work.
(Ord. 3112, 1999)
A. Proposal Evaluation: Submitted Proposals for Major Projects in response to the RFQ/RFP, will be evaluated by the Selection Committee based on the following criteria:
Expertise of key personnel assigned to the project
Past Performance and Project Execution, References
Suggested project approach (understanding of project)
Ability to meet time schedule
Availability and familiarity to locale
Maximum total points
1. Professional qualifications ‑ References are checked to determine the quality of performance in the service area being requested. Length of time the consultant has been in business. Statements of qualifications are evaluated against the project needs. Visits to current job sites or interviews of past clients may be necessary. Elements to be considered would be terms of cost control, quality of work, and compliance with performance schedules are acceptable.
2. Experience of key personnel – Total number, availability and expertise of key personnel must be reviewed. Assure that the consultant has the specialized experience and technical competence required.
3. Past performance and project execution and references - Evaluate past performance on similar projects, with consideration given to factors such as quality of work, adherence to contract terms, compliance with performance schedules, and cost controls. Assure past scopes of work on contracts with government agencies and private industry are consistent with the City’s requirements. Selection Committee will consider other client’s references on similar projects..
4. Suggested project approach ‑ Assure that the approach the applicant has suggested, meets the needs of the City and follows all legal requirements and statutory obligation.
5. Ability to meet time schedule ‑ Determine that the applicant has the capacity to accomplish the work in the time specified in the request for proposals .
6. Availability and familiarity to locale ‑ Determine that the applicant is familiar with the locale and local governmental and regulatory agencies to perform the project. Determine that the consultant is available to manage day to day onsite duties.
7. Local Preference – Firms with an established business location within Missoula County, will be assessed 3 total points (out of a possible 3); Firms located within the State of Montana, or within 150 miles of Missoula city limits, if not located in the State of Montana, will be assessed 2 total points (out of a possible 3); and Firms located outside the state of Montana, or further than 150 miles from the Missoula city limits, will be assessed 1 point (out of a possible 3.)
When selecting a consultant for Major Projects estimated to cost over $1 million, the Selection Committee may choose to pre-qualify consultants submitting proposals by requesting submittals of qualifications (RFQ) only. Submittals would be ranked according to Criteria 1-4 as a minimum, Criteria #1 and #2 and highest ranked three to five would be requested to submit complete proposals (RFP).
B. Interview Process (Major Projects):
The Selection Committee may choose to interview the highest ranked two to four firms. If interviews are conducted, a listing of all firms to be interviewed will be distributed. Interviews responses will be considered to be in addition to all other selection criteria and submissions.
After selection is complete, City staff will entertain written requests for debriefing on selection decisions. All information submitted by firms and related to the committee evaluations and rankings shall be considered confidential until a recommendation has been made. Debriefing will include a review of the proposal scores relative to the criteria listed in the RFP.
Submitting firms will be notified privately of their proposal ranking and their resulting position relative to the other firms
Experience of Key Personnel Assigned to the Project
Past Performance and Project Execution, References
Suggested Project Approach (Understanding of Project)
Ability to meet time schedule
Availability and familiarity to locale
Maximum Total Points
The firm ranked first in the Interview Process will be contacted by the Department head(or designee)to begin negotiations. The Department head or designee will negotiate the final consultant services agreement and submit the agreement to the City Council for approval inclusive of the Selection Report as outlined in Section V. If a satisfactory agreement cannot be obtained with the top-ranked firm, negotiations will cease and the second-ranked firm will be contacted for negotiations.
(Ord. 3563, 2016; Ord. 3112, 1999)
2.92.010 Purpose. The purpose of this ordinance is to establish a records and information management program for the City of Missoula to provide for the creation and administration of a records and information management program and establishing the duties and responsibilities of City personnel with respect to City records. (Ord. 3178, 2001)
2.92.020 Policy. It is hereby declared to be the policy of the City to provide for efficient, economical and effective controls over the creation, distribution, organization, maintenance, use and disposition of all City records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the State of Montana. (Ord. 3178, 2001)
2.92.030 Records and information management program established. There is hereby established a records and information management program. The Mayor is responsible for directing the program and the City Clerk shall coordinate records and information management program operations among the City offices and departments.
The records and information management program shall be binding on all offices, departments, divisions, programs, bureaus, boards, commissions, committees or similar entities of the City and records shall be created, maintained and disposed of in accordance with the program. (Ord. 3178, 2001)
2.92.040 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Active records shall mean a record that is referenced or used on regular basis, a frequently used record that needs to be available for immediate access by users.
Administrative value shall mean the value attributed to a record series to the creating office in the performance of its assigned operations within the City; the period of time a record may be needed within the organization for administrative or operational purposes.
Archives shall mean those official records, which have been determined by the records manager and the records advisory committee to have sufficient historical or other value to warrant their continued preservation by the City.
City or municipal records shall mean any paper, correspondence, form, book, photograph, microfilm, magnetic tape, computer storage media, map, drawing, or other document, including all copies thereof, regardless of physical form or characteristics, that has been made or received by the City in connection with the transaction of official business and preserved for informational value or as evidence of a transaction and all other records or documents required by law to be filed with or kept by any department of the City of Missoula.
Department head shall mean the officer or employee who by administrative appointment is in charge of an office of the City that creates or receives records.
Fiscal value shall mean the value attributed to a record series, which documents financial transactions; the period of time a record must be retained for financial reasons or for tax/audit requirements.
Historical value shall mean the determination that records possess value in elucidating the history of the City and are thus worthy of permanent preservation as archival materials. Also referred to as archival value.
Inactive record shall mean a record that is referenced or used fewer than ten (10) times annually; a record that does not need to be immediately available, but must be retained for legal reasons or because users have an infrequent need to access it and it has not yet met its retention period.
Legal value shall mean the usefulness of a record in complying with statues and regulations, as evidence in legal proceedings, or as legal proof of business transactions.
Non-record shall mean those materials such as reference books, exhibit materials, etc., created or acquired and preserved solely for reference use or exhibition purposes; extra copies of documents preserved only for convenience or reference, and stocks of publications shall not be included within the definition of City records as used in this chapter.
Permanent record shall mean any records having sufficient historical value to warrant permanent or continued preservation beyond the time they are needed for administrative, legal or fiscal purposes.
Records advisory committee shall mean the committee established in section 2.92.070.
Records custodian shall mean any individual responsible for the proper filing, storage or safekeeping of any City records.
Records coordinators shall mean the persons designated under section 2.92.100
Records and information management shall mean the application of management techniques to the creation, use, maintenance, retention, preservation and disposal of records for the purposes of reducing the costs and improving the efficiency of record keeping. The term includes the development of records retention schedules, the management of filing and information retrieval systems, the protection of vital records, the preservation of permanent records, the economical and space effective storage of inactive records, control over the creation and distribution of forms, reports and correspondence, and the management of micrographic and electronic and other records storage systems. It is the systematic control of the City's records from their creation or receipt to their final preservation or destruction.
Records manager shall mean the person designated in section 2.92.080.
Records retention schedule shall mean a document prepared by or under the authority of the Mayor, listing the records maintained by the City, their retention periods and other records disposition information that the records and information management program may require.
Record series shall mean a group of similar or related records, used or filed as a unit which permits evaluation as a unit for retention scheduling purposes.
Retention period shall mean the period of time during which records must be retained in a certain location or form because they are needed for operational, legal, fiscal, or historical purposes. A retention period may be stated in terms of months or years, and is sometimes expressed as contingent upon the occurrence of an event.
Vital record shall mean any record of the City required to re-establish or continue the City in the event of a disaster; records containing unique and irreplaceable information necessary to recreate an organization's legal and financial position and preserve the rights of the organization and its employees and citizens. Vital records include records whose informational value to the City is so great, and the consequences of loss are so severe, that special protection is justified in order to reduce the risk of loss. (Ord. 3178, 2001)
2.92.050 City records declared public property. All municipal records are hereby declared to be the property of the City. No City official or employee has, by virtue of his/her position, any personal or property right to such records even though she/he may have developed or compiled them. The unauthorized destruction, removal from files or use of such records is prohibited. Any custodian of any public records shall, at the expiration of his/her appointment or employment, deliver to a successor, or if there be none, to the City Clerk, all books, writings, letters, documents, public information or other information, recorded on any medium, created, kept or received in the transaction of official business. (Ord. 3178, 2001)
2.92.060 Public access to records. Public access to City records shall be provided as authorized by Montana law and City Council ordinance and/or resolution. (Ord. 3178, 2001)
2.92.070 Establishment and duties of records advisory committee. A records advisory committee consisting of the City attorney, the City Clerk, the finance director, the information services director, and the City/County historic preservation officer is hereby established. The committee shall:
A. Assist the records manager in the development of administrative rules governing the records and information management program.
B. Review the performance of the program on a regular basis and propose changes and improvements if needed.
C. Review and approve records retention schedules submitted by the records manager.
D. Give final approval to the destruction of records in accordance with the approved records retention schedules.
E. Actively support and promote the records and information management program throughout the City.
2.92.080 Designation of records manager. The City Clerk is designated as the City records manager and shall administer the records and information management program and be responsible for City-wide files management and the direction and control of the City's records disposition program. The records manager shall report to and be responsible to the chief administrative officer in the same manner as other department heads.
In addition to other duties assigned in this chapter, the records manager shall:
A. Administer the records and information management program and provide assistance to department heads in its implementation.
B. Plan, formulate and prescribe records disposition administrative rules, systems, standards and procedures.
C. In cooperation with department heads, prepare, update and amend retention schedules, identify vital and permanent records and develop a disaster plan for each City office and department ensuring maximum availability of the records, reestablishing operations quickly and with minimizing disruption and expense.
D. Develop procedures to ensure the permanent preservation of the historically valuable records of the City.
E. Provide records and information management advice and assistance to all City departments by preparing a records and information management manual containing procedures for City staff to use in implementing the records and information management program and through on-site consultation.
F. Monitor records retention schedules and administrative rules issued by the State of Montana to determine if the records and information management program and the City's records retention schedules are in compliance with state regulations.
G. Instruct records coordinators and other personnel in implementation of the records and information management program and their duties in the program.
H. Direct records coordinators or other personnel in the conduct of records inventories and in preparation for the development or updating of records retention schedules.
I. Ensure that the maintenance, preservation, destruction or other disposition of City records is carried out in accordance with the records and information management program and the requirements of state law.
J. Report regularly to the chief administrative officer on the compliance and effectiveness of the program in each City department. Bring to the attention of the Chief Administrative Officer noncompliance by department heads or other City personnel with the records and information management program.
K. Maintain identity of records destroyed under the approved records retention schedules. (Ord. 3178, 2001)
2.92.090 Duties and responsibilities of department heads. In addition to other duties assigned in this chapter, department heads shall:
A. Cooperate with the records manager in carrying out the policies and procedures established by the City for the efficient and economical management of records and in carrying out the requirements of this chapter.
B. Adequately document the transaction of government business and the services, programs and duties for which the department head and his staff are responsible.
C. Maintain the records in his/her care and carry out their preservation, destruction or other disposition only in accordance with the records and information management program of the City and the requirements of this chapter.
D. Designate a member of his/her staff to serve as records coordinator for the implementation of the records and information management program in the department.
E. Coordinate the purchase, acquisition and application of any technology to the creation, use and disposition of any City records with the members of the records advisory committee. (Ord. 3178, 2001)
2.92.100 Designation of records coordinators. Each department head shall designate a member of his/her staff to serve as records coordinator for the implementation of the records and information management program in the department. If the records manager determines that in the best interests of the records and information management program more than one (1) records coordinator should be designated for a department, the department head shall designate the number of records coordinators specified by the records manager. Persons designated as records coordinators shall be thoroughly familiar with all records created and maintained by the department and shall have full access to all records of the City maintained by the department. In the event of the resignation, retirement, dismissal or removal of a person designated as a records coordinator, the department head shall promptly designate another person to fill the vacancy. A department head may serve as records coordinator for his/her department. (Ord. 3178, 2001)
2.92.110 Duties and responsibilities of records coordinators. In addition to other duties assigned in this chapter, records coordinators shall:
A. In cooperation with the records manager and the department head, conduct inventories of the records of the department in preparation for the development or updating of records retention schedules.
B. In cooperation with the records manager and the department head, coordinate and implement the policies and procedures of the records and information management program in their departments.
C. In cooperation with the records manager and the department head, disseminate information to departmental staff concerning the records and information management program.
D. When necessary, advise the records manager and the department head of the obsolescence of records, the creation of new records series, and/or the need for amendments to departmental retention schedules. (Ord. 3178, 2001)
A. The records manager, in cooperation with department heads and records coordinators, shall prepare records retention schedules on a department by department basis, listing all records created or received by the department and the retention period for each record. Records retention schedules shall also contain such other information regarding the disposition of City records as the records and information management program may require.
B. Each records retention schedule shall be monitored and amended as needed by the records manager on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the record keeping procedures and needs of the department and the records and information management program of the City.
C. Before its adoption, a records retention schedule or an amended schedule for a department must be approved by the department head and the members of the records advisory committee. New retention periods to be included in records schedules shall be submitted by the department head to the records manager. The records manager shall notify the records advisory committee of the request. The committee will act on the request. The records manager will notify the department head of the committee's determination.
D. Before its adoption, a records retention schedule must be submitted to and reviewed by the state local government records committee, as provided by state law. The records manager shall submit the records retention schedules to the state local government records committee for review.
E. Upon successful review by the state local government records committee, adoption of the records retention schedules shall be via administrative rule. (Ord. 3178, 2001)
A. A records retention schedule for a department that has been approved and adopted under Section 2.92.120 shall be implemented by department heads and records coordinators according to the policies and procedures of the records and information management plan.
B. A record whose retention period has expired according to a records retention schedule may be destroyed unless an open records request is pending on the record; the subject matter of the record is pertinent to a pending lawsuit; or the department head requests in writing to the records advisory committee via the records manager that the record be retained for an additional specified period of time and receives the approval of the records advisory committee.
C. Prior to the destruction of any record under an approved records retention schedule, authorization for the destruction must be obtained by the records manager from the records advisory committee. (Ord. 3178, 2001)
2.92.140 Destruction of unscheduled records. A record that has not yet been listed on an approved records retention schedule may be destroyed if its destruction has been approved by the records advisory committee and the state local government records destruction subcommittee. (Ord. 3178, 2001)
2.92.150 Preservation of permanent records. The records manager shall develop procedures to insure the permanent preservation of historically valuable records of the City. This shall include providing proper housing (i.e. placing in an approved archives) for such records in a municipal facility and in such manner that the records, unless their use is restricted by law or regulation, are open to the public for research purposes. If City-owned facilities are not available, the records manager shall arrange for the transfer of the records to an appropriate facility for perpetual care and preservation or shall make other arrangements for their permanent preservation not contrary to law or regulation. In no circumstances shall the ownership of permanent records of the City be transferred to private individuals or institutions. (Ord. 3178, 2001)
A. Active records. The originating department has full custody over records still in active use.
B. Inactive records. The originating department is the legal custodian of its records in storage and shall retain the authority to retrieve and use records deposited in inactive storage
C. Archival records. Records transferred to or acquired for the archives, shall be under the full custody of the records manager, rather than the department which created or held them immediately prior to being transferred to the archives
1. Records shall be transferred to the archives upon the recommendation of the records manager, with the approval of the department head of the department, which had custody of the records and the approval of the records advisory committee.
2. Records may be removed (temporarily or permanently) from the archives, at the request of the records manager or the department head of the department which had custody of the records immediately prior to the transfer of those records to the archives, subject to the approval of the records advisory committee. (Ord. 3178, 2001)
2.92.170 Recovery of City records. The City attorney may take steps to recover local government records which have been removed or wrongfully retained from proper custody and may, when necessary, institute actions of records recovery or replevin on behalf of the City. (Ord. 3178, 2001)
2.94.010 Purpose. The purpose of this ordinance is to establish a public art program for City of Missoula funded capital improvement projects and to provide for the funding, selection, creation and maintenance of public art and establishing responsibilities relating to administering the City’s public art program.
The City of Missoula recognizes and accepts responsibility for beautification of its public areas. The City Council has found that such enhancement adds greatly to the enhancement of the quality of life of Missoula’s citizens, attracts tourism, and provides incentives to business to locate in the City, thereby expanding Missoula’s economic base. (Ord. 3221 § 1, 2002)
2.94.020 Policy. It is hereby declared to be the policy of the City of Missoula to include works of art within City of Missoula public works projects equal to one percent (1%) of construction project funds for public art. (Ord. 3221 § 2, 2002)
2.94.030 Percent for Art Program established. There is hereby established a Percent for Art Program. The Mayor is responsible for directing the program and the Mayor and City Council shall appoint a Public Art Committee of the City Council, to coordinate and administer the program.
The Percent for Art Program focuses on the outside and the inside of new and remodeled City owned public spaces. The art may serve a function, express a theme, or commemorate an important person. It may underscore or provide a counterpoint to the architecture and surrounding site. It may serve as a landmark that adds definition to the City of Missoula.
The Percent for Art Program requires one and one half percent (1.5%) of eligible construction costs of City capital improvement projects, paid wholly or in part by the City of Missoula to construct or remodel any public or city building, structure, park or any portion thereof, to be allocated for public art. No less than eighty percent (80%) of one percent (1%) of this allocation will be used for on-site artwork; up to twenty percent (20%) of this one percent (1%) may be used for program administration necessary to carry out the provisions of this chapter. A half percent (.5%) of this allocation will be deposited in a public art trust fund used to provide maintenance for existing artworks. If the public art trust fund exceeds $200,000, the Public Art Committee has the discretion to put the half percent (.5%) toward artwork. When the eligible construction costs of a City capital improvement project are less than $100,000, the Public Art Committee has discretion to determine that a particular piece of on-site art is not required and may designate one hundred percent (100%) of the one and one half percent (1.5%) allocation for art to be deposited in a public art trust fund for maintenance of artworks and/or to fund additional art projects.
The Percent for Art Program shall be implemented without discrimination based on actual or perceived race, religion, sex, marital or familial status, color, national origin, ancestry, creed, physical or mental disability, age, sexual orientation, or gender identity or expression (as defined in MMC 9.64.020). (Ord. 3558, 2015; Ord. 3428 §10, 2010; Ord. 3221 § 3, 2002)
2.94.040 Exemptions from the Percent for Art Program. The following categories of projects are exempt from the Percent for Art requirements:
A. Water, stormwater or wastewater facilities, except for office buildings.
B. Street construction and repair, inclusive of the public right of way improvements, such as curb, sidewalk and traffic control facilities and landscaping.
C. Maintenance projects.
These exemptions do not preclude the Department from proposing and including funding for art in a project. Departments are encouraged to include art to some degree in these exempted categories. (Ord. 3221 § 4, 2002)
A. “Architect” is the person or firm designing the project to which the one percent (1%) funding applies. Where the architect is a firm, the term architect shall mean the principal of that firm in charge of designing the project for which the one percent (1%) funding applies.
B. “Artist” is a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and recognized ability who produces artworks and is not a member of the project architectural/design firm.
C. “Artwork” includes but is not limited to, paintings, murals, inscriptions, stained glass, fiber work, statues, reliefs or other sculpture, monuments, fountains, arches, or other structures intended for ornament or commemoration. Also included are carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, crafts, both decorative and utilitarian in clay, fiber, wood, metal, glass, plastics and other materials. Landscape items include the artistic placement of natural materials or other functional art objects. Works of art may be portable as well as permanent.
D. “Capital Improvement Program” (CIP) means the annual Capital Improvement Program adopted for City financed public improvement projects.
E. “City” is the City of Missoula.
F. “Construction Cost” is the contracted sum for construction of the designated project including any change orders included in the initial contract notice of award. Construction costs do not include costs such as professional fees, cost of land, rights of way and financing.
G. “Construction Project” means any capital improvement project paid wholly or in part by the City of Missoula to construct or remodel any public or city building, structure, park or any portion thereof.
H. “Consultant” is any firm, individual, joint venture or team of firms or individuals with which the City contracts for design or other consulting services related to construction projects.
I. “Public Art Trust Fund” is a funding mechanism which aggregates portions of the individual private, site-specific percent for art requirement and redistributes these funds to maintain public art projects throughout the City. A half percent (.5%) of each project allocation for public art will be deposited in a public art trust fund to be used by the City to provide maintenance for existing works.
J. “Visual Arts Professional” shall mean any of the following who is respected in his/her field and knowledgeable about (contemporary) visual arts: artist, curator, art critic, art historian, architect, landscape architect, or fine arts professional.
K. ”Deaccessioning” is a procedure for the withdrawal of an artwork from the public collection.
L. “Eligible Construction Cost” is that portion of the construction cost of any construction project paid for by the City of Missoula to construct or remodel any building, decorative or commemorative structure, parking facility, recreational facility, or any portion thereof, located on City property, provided that the source of funds for such project(s) is not restricted by law or regulation as to its use for artworks.
M. “Missoula Public Art Committee” is a committee created in 1985 by Mayor John Toole and reaffirmed by this ordinance as a standing city committee designated to review, advocate and develop public art projects in the public domain for the City of Missoula. It will develop a formal structure in which to create, develop and maintain public art as well as further public accessibility to the arts.
N. “Maintenance” is the periodic work on a facility required to maintain its original functionality.
O. “Remodel” is work required to substantially change or enhance the functionality of a facility.
P. “Staff Representative” is the designated professional responsible to advise and assist the City of Missoula and the Missoula Public Art Committee. (Ord. 3558, 2015; Ord. 3221 § 5, 2002)
2.94.060 Public Art Committee established. The Missoula Public Art Committee shall be made up of nine (9) members. Six (6) members will be nominated by the Mayor and confirmed by the City Council, and two (2) of the members will be appointed by the City Council. Terms shall be for four years, except that the Mayor and/or Council may designate shorter terms initially in order to insure that the terms are staggered. The City Council President shall appoint a City Council member to the board after each municipal election and as the need arises. Other members shall be selected because of their expertise in historical preservation, visual arts, architecture, or affiliation with a local business association or public entity. (Ord. 3558, 2015; Ord. 3387 §1, 2008; Ord. 3221 § 6, 2002)
2.94.070 Duties and responsibilities of the Public Art Committee. The Public Art Committee shall endeavor to develop a collection of public art that is of the highest quality, that will encompass a broad aesthetic range reflecting the City and the minds of its citizens, that will improve the quality of life in the area, that will be accessible to all individuals and be a source of pride to all residents. The Public Art Committee shall seek to develop this Percent for Art Program and the associated collection in such a way so that it is intimately integrated into the fabric of the City of Missoula and reflects a broad range of community input and involvement by artists and art professionals. The Public Art Committee is responsible for reviewing, advocating and developing public art projects in the public domain for the City of Missoula. It will develop a formal structure in which to create, develop and maintain public art as well as further public accessibility to the arts.
A. Specifically, the Percent for Art Program objectives include:
B. Develop a public art program that is unique to Missoula.
C. Increase the understanding and enjoyment of public art by Missoula residents.
D. Invite public participation in the interaction with public spaces.
E. Provide unusual and challenging employment opportunities for artists.
F. Encourage collaborations between artists and architects, and artists and engineers.
G. Support artist participation on design teams for planning public projects.
H. Encourage variety of art forms: temporary and permanent, object and event, single or dispersed locations.
I. Spread commissions among a wide number of Artists and strive for overall diversity in style, scale and intent.
All Public Art Committee meetings shall be conducted in accordance with the Montana Open Meetings Law. (Ord. 3221 § 7, 2002)
A. Upon adoption of the Capital Improvement Plan the Finance Office shall immediately alert the Missoula Public Art Committee of all plans for construction or renovation projects. The Finance Office will also identify all projects for which the Percent for Art Ordinance applies. This should be done in a timely fashion so the Percent for Art Committee can assist the City in developing any particular project requirements and/or bond language.
B. Architects/Engineers invited to submit a proposal for construction or renovation project which includes the Percent for Art should be advised of requirements and guidelines. The Architect shall work closely with the Missoula Public Art Committee and the Selection Committee on the designation of appropriate sites and shall incorporate the Artist's or Artwork's special requirements within the construction documents, including the time of delivery and installation of the Artwork.
C. Upon the designation of an Artist or an Artwork by the Selection Committee, the Artist shall enter into a contract with the City for the Artist's services or for the purchase and installation of the Artwork. This contract shall require the Artist to produce or deliver the Artwork for a price guaranteed to be no greater than the maximum contracted cost.
D. Where the Selection Committee determines that an expenditure from a specific Project is inappropriate, funds from that Project may be transferred to other Percent for Art projects, with the approval of the Contracting Agency. (Ord. 3221 § 8, 2002)
Appropriations for Percent for Art Program projects may be spent for:
A. The Artwork itself, including but not limited to:
1. Artist's design fees.
2. Additional labor and materials required for production and installation of Artwork.
3. Artist's operating costs.
4. Travel related to the Project.
5. Transportation of the Artwork to the site and installation.
6. Any required permit or certificate fees.
B. Identification plaques and labels.
C. Frames, mats, mountings, anchorages, containments, pedestals, or materials necessary for the installation, location or security of the artwork.
D. Photographs of completed artworks.
E. Communication and other indirect costs including insurance.
F. Expenses for special advisors or consultants.
G. Historical artifacts displaced by construction.
H. Expenses related to the administration of carrying out the directives of this Ordinance, including but not limited to:
1. Technology services and subscriptions (e.g., a web-service for promoting an art-call).
2. Advertising, publicity, promotion, and invitation expenses.
3. Expenses related to public events related to artwork (e.g., rental of PA equipment and catering expenses).
4. Due diligence expenses required for the responsible consideration of artwork (e.g., engineering or environmental consultation).
5. Expenses related to augmenting artwork (e.g., addition of lighting, landscaping or general enhancements to artwork).
Appropriations for Percent for Art Program projects may not be spent for:
A. Reproduction, by mechanical or other means, or original artworks, except in cases of film, video, photography, printmaking or other media arts.
B. Decorative, ornamental, or functional elements which are designed by the architect or consultants engaged by the architect, as opposed to an artist commissioned for this purpose.
C. Those elements generally considered to be components of a landscape architectural design or landscape gardening.
D. "Art objects" which are mass produced of standard design, such as playground sculptures.
E. Directional or other functional elements, such as supergraphics, signs, color coding, maps, etc. except where a recognized artist is employed.
F. Those items which are required to fulfill the basic purpose of a resident agency. Examples are artworks in the collection of the Missoula Museum of the Arts, and artworks fulfilling an interpretive or educational role in a city park, library or university gallery. (Ord. 3558, 2015; Ord. 3221 § 9, 2002)
2.94.100 Selection of artwork(s). All Percent for Art Program projects, whether they are permanent or temporary Artworks, will be developed to respond to a specific site or building location, with the exception of Artworks that are conceptually intended to circulate among various sites or facilities within the Project Area.
The Public Art Committee in conjunction with the Agency Representative and the Project Architect shall analyze and discuss appropriate locations, amount to be spent for purchased or commissioned Artworks, suitable art forms, Artists' prerequisites, specifics of Artist/Artwork selection process which includes open competition, limited/invitational competition and direct purchase.
A prospectus will be prepared and advertised by the Public Art Committee. The competitions may be in stages, with the final selection chosen from a group of finalists.
In making the final selection, the Selection Committee shall be guided by the goals and purposes of this ordinance and the criteria set forth in this document and any regulations promulgated to fulfill the criteria. The Committee shall select Artworks which will be technically feasible to produce and display; the selection of Artist(s) who will provide art integral to the project will be made as early in the conceptual design stage as practical, so Artist(s) will be able to work with the Architect from the beginning of the project.
If necessary, the Public Art Committee may advertise nationally or internationally for proposals.
The Selection Committee has the option of making no selection. If no proposal is accepted, the Committee has the right to reopen the competition or to propose other methods of selection.
All Selection Committee meetings shall be conducted in accordance with the Montana Open Meetings Law.
Each proposed Percent for Art project will also be evaluated as to: its artistic excellence, appropriateness in terms of scale, material and content relative to the immediate and general architectural, social and historic context; and long term durability against vandalism, weather, theft and excessive maintenance.
Acting on behalf of the City of Missoula and the advice of the Selection Committee, the Missoula Public Art Committee will make the final determination of selected work(s). (Ord. 3221 § 10, 2002)
A. Artists will be selected on the basis of their qualifications as demonstrated by past work, appropriateness of the proposal to the particular project, and its probability of successful completion as determined by the Selection Committee.
B. In selecting Artists and Artworks, the Selection Committee shall select those Artists and Artworks of the highest aesthetic quality, and those which fulfill the purposes of the Percent for Art Program.
C. In all cases, consideration will be given to materials, construction, durability, maintenance, public access and safety. (Ord. 3221 § 11, 2002)
2.94.120 Selection Processes for public art. Selections of Artworks will be made by one of the following methods:
A. Open Competition: Site and program advertised; proposals accepted from all artists; no proposal fee is paid to artist unless stipulated.
B. Limited/Invitational Competition: One or more artists is invited to submit proposals; no proposal fee is paid to artists unless stipulated.
C. Direct Purchase: A completed Artwork is purchased (Ord. 3221 § 12, 2002)
A. All artworks remain under ownership by the City of Missoula.
B. Recipients of works of art must notify the Missoula Public Art Committee if an artwork is damaged or stolen.
C. The resident agency will be responsible for the ongoing care and maintenance of all artworks purchased or commissioned for the project in accordance with the guidelines established for the Missoula Public Art Committee’s collection of art.
D. Monies to maintain works of art shall come from the public art trust fund, established at half a percent (.5%) of the initial one and one half percent (1.5%) allocation. (Ord. 3558, 2015; Ord. 3221 § 13, 2002)
2.94.140 Deaccessioning Deaccessioning will be considered only after a careful and impartial evaluation of the artwork within the context of the collection as a whole. At the beginning of the process, the Missoula Public Art Committee will make a reasonable effort to notify any living artist whose work is being considered for deaccessioning.
The Missoula Public Art Committee may consider the deaccession of artwork for one or more of the following reasons in the event that it cannot be resited:
A. The artwork has been damaged or has deteriorated and repair is impractical or unfeasible.
B. The artwork endangers public safety.
C. In the case of site-specific artwork, the artwork is destroyed by severely altering its relationship to the site.
D. The artwork requires excessive maintenance or has faults of design or workmanship. (Ord. 3221 § 14, 2002)
Bicycle and Pedestrian Advisory Board
2.96.010 Bicycle and Pedestrian Advisory Board established. The Bicycle and Pedestrian Advisory Board (BPAB) is established to represent a community perspective in advising the City of Missoula government with respect to the impact that city actions may have upon bicycling and walking in Missoula, as defined below.
2.96.020 Duties. The BPAB has the duty to set its own annual priorities and define a plan of work to implement them, to include:
A. Responding to requests from the City government for advice regarding potential City activities;
B. Considering bicycling and walking issues raised by members of the board or the public, and when appropriate, providing advice to the City regarding them;
C. Participating in processes for development of projects or plans which have an impact on bicycling and walking in Missoula;
D. Implement incidental activities which support bicycling and walking in Missoula; and (Ord. 3537, 2015)
2.96.030 Scope. In fulfilling its duties, the BPAB may provide and input and advice regarding:
D. Activities to increase bicycling and walking in Missoula; and
2.96.040 City responsibilities. City staff will support the work of the BPAB by:
D. Providing appropriate materials necessary for the BPAB’s review, in a timely manner at the BPAB’s request; and
A. The BPAB shall be comprised of nine city resident members interested in bicycling and walking issues in Missoula, appointed by the mayor to represent a community viewpoint, subject to confirmation by the City Council. Diversity of BPAB membership is encouraged.
B. Three members shall be appointed each year for a three-year term beginning October 1.
C. A mid-term vacancy shall be filled for the remainder of the term. (Ord. 3537, 2015)
A. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings shall be circulated to reach all interested and affected members of the community.
B. All written or recorded meeting minutes and other records of the BPAB’s activities shall be available to the public.
C. The BPAB shall establish bylaws. (Ord. 3537, 2015)