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Resolution 2016-03, Combining Special Purpose District Elections


It is the intent of the Montana Association of Counties to clarify laws pertaining to the combination of elections for the purpose of creating, electing board officers and determining terms of office for special purpose districts.

WHEREAS, county government is required to create special districts as defined in 7-11-1003 M.C.A., and

WHEREAS, the creation of the district can require a referendum to establish the special purpose district, and

WHEREAS, an election of officers for the special purpose district is critical to the operation of the special purpose district, and

WHEREAS, Title 7, Chapter 11 does not allow for the election of officers and a process for determining their respective terms of office at the same time the special district is created, necessitating another election, and

WHEREAS, not electing special purpose district officers will delay conducting business of the district and require county government to pay for a separate special district election, and

WHEREAS, Title 7, Chapter 13 does have statutory language allowing for the election of officers and a process for determining their respective terms of office at the same time the water and sewer district is created.

NOW, THEREFORE BE IT RESOLVED that MACo seek to have legislation introduced that will add language similar to that in 7-13-2225 regarding special district officer elections and 7-13-2234 regarding terms of office to the section of law regarding special purpose districts (Title 7, Chapter 11 M.C.A.).

2016 ACTION

SPONSOR:  Jefferson County
REFERRED TO: MACo Resolutions & Legislative Committee
ADOPTED:  Annual Conference, Billings, MT, September 21, 2016