Letters of Advice – 2005

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Subject Request Requestor Date Issued
Elections
  1. Does the form of the City of Billings’ general election ballot, asking Billings voters to consider paying for a permanent and cumulative mill levy for police, fire, and other public safety costs, comply substantially with the law?
  2. Did the ballot language mean that the levy was permanent, or did it sunset?
  3. Based on the ballot language, is the levy cumulative each successive year or are each year’s levies separate and non-cumulative?
Brooks, Brent
City Attorney
Billings
11/14/05
Elections May an employee of the West Yellowstone fire/EMT department simultaneously serve as an elected member of the town council? Walsh, Philip F.
Town Attorney
West Yellowstone
12/12/05
Local Government Given that the Town of Hot Springs voted to become incorporated over 80 years ago and has always operated as an incorporated local government, but failed to file incorporation papers with the Secretary of State’s Office, 1) What is the town’s current local government status, and 2) what steps should the Town take to rectify its corporate status? Darty, Lucy W.
Town Attorney
Hot Springs
08/18/05
Open Meetings
  1. Is Mont. Code Ann. § 45-7-401(1)(e) void as applied in State v. Conrad, 198 Mont. 406, 643 P.2d 239 (1982)?
  2. If void, was Mont. Code Ann. § 45-7-401(1)(e) somehow “revived” by subsequent amendments to Mont. Code Ann. § 1-2-108(2), the retro-activity statute?
Shapiro, Steven J.
City Attorney
Boulder
11/02/05
School Districts In order to ensure equitable representation on the school board, does Montana law allow a consolidated school district to establish voting “precincts” or “wards” after two or more districts consolidate? If the statutes allow the establishment of such precincts or wards, what procedure would the county superintendent of schools or the school board follow in establishing these precincts? Peterson, Cyndee L.
County Attorney
Hill
05/24/05
School Districts Does Montana law allow Darby public schools to claim for school financing purposes nonresident students enrolled at the Trapper Creek Job Corps Center? McCulloch, Linda
Superintendent
Public Instruction
08/10/05
School Districts Whether the County Superintendent has authority to order Trustees of a School District to call an election where the Trustees of the two districts involved have not jointly agreed on the issue of joint assumption of bonded indebtedness. Hoversland, Ken W.
County Attorney
Daniels
12/12/05