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Pending Requests

The following table lists pending requests and opinions and letters of advice issued this year. Click on the link in the Disposition column to view the full opinion or letter of advice.

Subject	Request	Requestor	Disposition
Cities and Towns	May a self-government power city, pursuant to Mont. Code Ann. § 7-1-105 supersede § 16-4-503 and fix a higher license fee than is authorized by Mont. Code Ann. § 16-3-503?	Luwe, Paul J. City Attorney Bozeman	Pending
Cities and Towns	Is it proper for the White Sulphur Springs City Council to take the action of appointing one of its members as the office/employee manager in a municipality with a commission-executive form of government?	Younkin, Cindy E. City Attorney White Sulphur Springs	Letter of Advice Issued 01/16/08 (PDF)
Elections	Which body of "electors" constitutes the "qualified voters" for Ravalli County zoning regulation — the residents of the unincorporated areas only, or all of the residents of the County, including those residing within incorporated areas such as the City of Hamilton?	Bell, Kenneth S. City Attorney Hamilton	Opinion Issued 06/23/08 (PDF)
Grants	Does the Montana Procurement Act apply to the awarding of subgrants to fund projects by the Montana Board of Crime Control?	Mena, Roland Executive Director Board of Crime Control	Opinion Issued 03/25/08 (PDF)
Local Government	Are reimbursements by the Granite County Board of Commissioners of voluntary contributions from Justice Court plea agreements properly charged against the County?	Connor, Maureen Chair County Commissioners Granite	Letter of Advice Issued 04/16/08 (PDF)
Solid Waste	May the Stillwater County Solid Waste Board (S.C.S.W.B.) set salaries without the approval of the Stillwater County Commissioners?	Petak, John I. County Attorney Stillwater	Letter of Advice Issued 08/14/08 (PDF)
Statutory Construction	1. If an elected Public Service Commissioner accepted and used money donated by private interests to print brochures for his constituents offering energy conservation advice and promoting a scheduled voluntary "brownout" to conserve energy, would acceptance of such monies violate the provisions of the 2007 Montana Legislature's HB 462 (codified in Mont. Code Ann. tit. 13, ch. 37? 2. Except for monies from an open campaign account, is a Public Service Commissioner limited to use of funds from a constituent services account when incurring expenses to represent and serve constituents? 3. Are surplus campaign funds the sole legal source of monies for a Public Service Commissioner's constituent services account? 4. May a Public Service Commissioner expend monies from a constituent services account when the Commissioner has an open campaign account? 5. Since HB 462 was passed with an immediate effective date, is it applicable to all covered transactions and activities subsequent to the Governor's signing of the bill?	Jergeson, Greg Chairman PSC	Pending
Statutory Construction	Should the judgment book referenced in Mont. Code Ann. § 3-5-507 contain only civil judgments, excluding judgments in criminal and other actions?	Smith, Jonathan B. Deputy County Attorney Flathead	Letter of Advice Issued 05/22/08 (PDF)