| Cities and Towns |
May the mayor of Dillon break a tie vote of the city council for the election of City Council President? |
Gilbert, W.G. III
City Attorney
Dillon |
09/04/07 |
| Courts, Municipal |
- What fee schedule applies to Municipal Courts?
- May a city with self government power supersede Mont. Code Ann. § 25-30-102(1)(b) to provide for fees in excess of the fees paid to Justice Court?
|
Luwe, Paul J.
City Attorney
Bozeman |
09/19/07 |
| Justices of the Peace |
May a non-lawyer serve as a Justice in a Justice Court of Record? |
Schwarz, Daniel
Deputy County Attorney
Yellowstone |
07/23/07 |
| Local Government |
- Are the general rules of construction applicable to courts in the interpretation of statutes also applicable to local jurisdictions in interpreting and applying a county regulation enacted by ballot initiative?
a. Does the common law rule that the plain and ordinary meaning of the language is to be utilized interpreting a statute, as required of the courts, similarly apply to local government officials in their interpretation of a county regulation enacted by ballot initiative? Where there are technical terms utilized in a regulation, can the technical definitions be considered to help support and give guidance in establishing the plain meaning of the language included in the regulation?
b. Does Mont. Code Ann. § 1-2-101 apply to interpretation of a county regulation enacted by ballot initiative?
c. Does Mont. Code Ann. § 1-2-106 apply to interpretation of a county regulation enacted by ballot initiative?
- In interpreting a ballot initiative passed by the electorate, are the intentions of proponents to be considered legally relevant?
- If the answers to questions 1 and two are affirmative, may the intentions of proponents of a ballot initiative be applied to interpret the language of the ballot initiative in a manner inconsistent with the technical meaning of technical words and phrases contained in the ballot initiative?
|
Chilcott, Greg
County Commissioner
Ravalli |
05/22/07 |
| Right to Know |
Does the constitutional Right to Know require release by the Office of Public Instruction of records relating to teachers whose certificates have been revoked for misconduct? |
McCulloch, Linda
Superintendent of Public Instruction |
04/12/07 |
| School Districts |
- If a school district has elected to offer full-time kindergarten, as authorized by SB 2, can the district adjust its budget limitation under Mont. Code Ann. § 20-9-308 to add the budget authority necessary to expend the additional ANB funding which is provided for full-time kindergarten?
- Is a school district implementing a full-time kindergarten program entitled to receive additional quality educator payments commensurate with the additional staff required to implement the program?
|
McCulloch, Linda
Superintendent of Public Instruction |
06/04/07 |
| Statutory Construction |
Clarification of the meaning of the terms “laid out, constructed, and maintained” in Mont. Code Ann. § 7-14-2101(3)(a). |
Glade, Wyatt
County Attorney
Custer |
01/10/07 |
| Statutory Construction |
- Can the City of Fort Benton waive the reserve officer residency requirements of Mont. Code Ann. § 7-32-302?
- In § 7-32-216(3)(b), what are the meaning and requirements of “. . . supervised by a full-time law enforcement officer whose span of control would be considered within reasonable limits?”
- Does a county sheriff have supervisory powers over the management and hiring of a city police department?
|
Brooke, Jerry
Deputy City Attorney
Fort Benton |
11/27/07 |
