Local Government Review - Study Commission

 

A Local Government Review was initiated by Article XI, Section 9(2) of the 1972 Montana Constitution, and the first review was conducted in 1974.  Required every 10 years, the local government review election asks voters to decide if they want to elect and fund a study commission to review their city and county forms of government.  2024 is a Local Government Review year.

Process 
A resolution must be adopted by the City Commission calling for an election and be submitted to the County Elections Administrator by March 11th.  The ballot language is mandated by § 7-3-175, MCA:

Vote for one:

☐ FOR the review of the government of the City of Great Falls and the establishment and funding, not to exceed (insert dollar or mill amount), of a local government study commission consisting of (insert number of members) members to examine the government of the City of Great Falls and submit recommendations on the government.

☐ AGAINST the review of the government of the City of Great Falls and the establishment and funding, not to exceed (insert dollar or mill amount), of a local government study commission consisting of (insert number of members) members to examine the government of the City of Great Falls and submit recommendations on the government.

Section 7-3-184 (2)(a), MCA, sets forth that “for each fiscal year the study commission is in existence, each local government under study shall appropriate an amount necessary to fund the study, and the local  government may levy mills in excess of all other mill levies authorized by law to fund the appropriation for the support of the study commission.”  Therefore, the amount included in the resolution and ballot language may be locally determined and is outside of the § 15-10-420, MCA, levy limit.  Upon termination of the study commission, unexpended money reverts to the general fund.

The City Commission adopted Resolution 10535 Calling for an Election on the Question of Conducting a Local Government Review and Establishing a Study Commission to do so at its February 6, 2024 meeting.

At the June 4th primary election, voters in the City of Great Falls will be asked to vote for or against the establishment of a five (5) member study commission, and the establishment of funding for a study commission not to exceed $150,000, which is the equivalent to approximately 1.14 mills.

If a majority of the electors vote against the study commission and its funding, there will not be a study commission. The opportunity to review the City’s form of government will be offered again in 2034.

If a majority of the electors vote in favor of electing and funding a study commission, interested individuals can begin filing declarations of nomination with the Cascade County Elections Office as candidates for the Great Falls Study Commission until 5 p.m. on August 12th for the general election to be held on November 5th.  Candidates must be electors of the City of Great Falls, and cannot be elected officials of the local government.  There is no filing fee, and the race is nonpartisan.

Purpose
Additional information about the establishment of a study commission, conduct of business, public participation, powers, timeline and more are set forth in Mont. Code Ann. 7-3-171 through 7-3-193 to provide a mechanism for local government review as required by Article XI, section 9, of the Montana constitution.

The purpose of the study commission is to study the existing form and powers of the local government and compare them with other forms available under the laws of the state.   The City of Great Falls operates under the Commission-Manager form of government established by Charter with self-governing powers. 

Montana Code Annotated Title 7, Chapter 3, sets forth Alternative Forms of Local Government.

The study commission members must adopt a final report and set the date for a special election on the question of adopting a new plan of government (to be placed on the ballot for the voters to decide in the general election in November 2026); or if there are no ballot questions, make recommendations to the City Commission; or if the study commission is not recommending any changes, publish and distribute the final report indicating that no changes were recommended.

Mont. Code Ann. 7-3-185 sets forth the Scope of Study Commission Recommendations as follows:

(2) (a) A study commission examining the government of a municipality may:

(i) recommend amendments to the existing plan of government;

(ii) recommend any plan of government authorized by Title 7, chapter 3, parts 1 through 6;

(iii) draft a charter;

(iv) recommend municipal-county consolidation;

(v) recommend disincorporation; or

(vi) submit no recommendation.

(b) In addition to one of the items in subsection (2)(a), a municipal study commission may recommend service consolidation or transfer in cooperation with:

(i) a county study commission;

(ii) a county study commission and one or more municipal study commissions; or

(iii) one or more municipal study commissions.

MSU-Local Government Center provided an overview of Montana's Local Government Voter Review process and will sponsor Local Government Review Study Commission training in December 2024.  

The Final Report of the 2004-2006 Great Falls Local Government Study Commission stated that “We . . . strongly believe that the current form government with an elected city commission and an appointed city manager is the best option for Great Falls.”  In 2014, the question of a review of the City of Great Falls’ form of government failed at the primary election by a vote of 6983 against to 3954 in favor.

Qualifications
Study commission candidates must be qualified electors of the City of Great Falls [18 years of age or older, reside within the City limits of Great Falls for at least 60 days preceding the election, and is not serving a sentence for a felony in a penal institution or is of unsound mind, as determined by a court].  Candidates may not be elected officials of the local government; this includes neighborhood council representatives. 

Contact Information:
Cascade County Election Administrator:
Terry Thompson
325 2nd Avenue North
Courthouse Annex, Room 100
Great Falls, MT  59401
(406) 454-6803
Email:  elections@cascadecountymt.gov