Title 2
– Administration and Personnel
Chapters:
2.04 Executive
Branch - Mayor
2.08 City Council -
Legislative Branch
2.12 City Officers
2.16 City Clerk
2.17 City Attorney
2.18 Director of Operations
2.20 City Treasurer
2.24 Judicial Branch
- City Judge
2.28 Chief of Police
2.40 Health Officer
2.48 Fire Department
2.50 Fire
2.52 Police
Department
2.56 City Elections
2.68 Public Library
Chapter
2.04 Executive Branch - Mayor
Sections:
2.04.010 Chief Executive Officer.
2.04.015 Qualifications for Office.
2.04.020 Term of Office
2.04.025 Election.
2.04.030 Vacancy in Office.
2.04.035 Removal from Office.
2.04.040 Filling Vacancy of Mayor.
2.04.045 Powers and Duties.
2.04.050 Administrative Duties.
2.04.055 Legislative Authority.
2.04.060 Calling special council sessions—Conservator of public
peace.
2.04.065 Health jurisdiction.
2.04.070 City Seal Custodian.
2.04.100 Compensation.
2.04.010 Chief Executive Officer The Mayor shall be the chief executive
officer of the City. (Charter 3.01)
2.04.015 Qualifications for Office Every resident of the City of Dillon who is
21 years of age or older and a citizen of Montana for at least three years and
a resident of Dillon for at least two years preceding the election to office is
eligible to hold the office of Mayor.
(Charter 3.02)
2.04.020 Term of Office The Mayor shall be elected for a four (4)
year term of office. (Charter 3.03)
2.04.025 Election The Mayor shall be nominated and elected at
large on a nonpartisan basis. (Charter
3.04)
2.04.030 Vacancy from Office The office of Mayor becomes vacant as
prescribed by law. (Charter 3.05)
2.04.035 Removal from Office The Mayor may be removed from office by a
finding, adopted by the affirmative vote of five (5) Council members that the
office has become vacant as prescribed by law, or by the recall of the Mayor by
the electors of Dillon as prescribed by law.
(Charter 3.06)
2.04.040 Filling Vacancy of Mayor When a vacancy occurs in the office of Mayor,
the position shall be considered open and subject to nomination and election at
the next general municipal election, except the term of office shall be limited
to the unexpired term of the person originally creating the vacancy. Pending such election and qualification, the
Council shall appoint, by the affirmative vote of five (5) Council members, a
person possessing the qualifications for office required by law and this
charter within 30 days of the vacancy to hold the office until the successor is
elected and qualified. (Charter 3.07)
2.04.045 Powers and Duties The Mayor shall:
1. enforce
laws, charter, ordinances and resolutions;
2. perform
duties required of him by law, charter, ordinance or resolution;
3. administer
affairs of city government;
4. recommend
measures to the Council;
5. carry
out policies established by the Council;
6. report
to the Council on the affairs and financial condition of the city government;
7. execute
bonds, notes, contracts, and written obligations of the Council, subject to the
approval of the Council;
8. report
to the Council as the Council may require;
9. prepare
the Council agenda, preside at Council meetings and may take part in
discussion;
10. execute
the budget adopted by the Council;
11. appoint,
with the consent of the Council, all members of boards; except, the Mayor may
appoint without the consent of the Council, temporary advisory committees
established by the Mayor.
2.04.050 Administrative Duties The Mayor may:
1. prepare
the budget in consultation with the Council and department heads;
2. appoint
one or more administrative assistants to assist in the supervision and
operation of the local government, and such administrative assistants shall be
answerable solely to the Mayor;
3. appoint
and remove, with the consent of the Council, all department heads and appoint
and remove all other employees in consultation with the appropriate department
head;
4. exercise
control and supervision of all departments and boards to the degree authorized
by ordinance. (Charter 3.09)
2.04.055 Legislative Authority (1) The Mayor shall decide all tie votes of
the Council, but shall have no other vote; and (2) the Mayor may veto
ordinances and resolutions, subject to override by the affirmative vote of six
(6) Council members. (Charter 3.10)
2.04.060 Calling special council sessions—Conservator
of public peace The Mayor shall, when
necessary, and must on request of two Council members call special meetings of
the Council. He shall cause the chief of
police to notify all aldermen of any special meetings of the Council. In case of a tie vote, he shall have the
deciding vote. He shall be the
conservator of the public peace of the City and may call to his assistance the
city police, and in cases where necessary, the citizens of the City, or he may
call upon the Governor for the aid of the militia to aid in quelling or
preventing any riot, mob or unlawful assemblage. Any police officer or citizen who refuses to
obey his orders shall, on conviction, be fined in any sum not exceeding
twenty-five dollars.
2.04.065 Health jurisdiction The Mayor shall have full jurisdiction within
the City and within three miles thereof for the enforcement of any quarantine
or health ordinance or regulation for the protection of the City and its inhabitants
from infectious and contagious diseases.
2.04.100 Compensation The Mayor’s compensation for services
rendered to the City shall be set annually by the City Council. In addition to the Mayor’s regular salary,
the Mayor shall be entitled to all legitimate and documented expenses incurred
by him in his duties as Mayor. (Charter
3.11)
Chapter 2.08 City Council - Legislative Branch
Sections:
2.08.010 Legislative Branch.
2.08.020 Composition.
2.08.030 Qualifications for Office.
2.08.040 Term of Office.
2.08.050 Election.
2.08.060 Meetings—Quorum—Attendance.
2.08.070 Powers and Duties.
2.08.075 Order of Business.
2.08.080 Priority of Business.
2.08.085 Record of Proceedings.
2.08.090 Attendance by Chief of Police.
2.08.095 Special Sessions.
2.08.100 President of the Council.
2.08.110 Temporary Presiding Officer.
2.08.120 Vacancy in Office.
2.08.130 Removal from Office.
2.08.140 Filling Vacancy on Council.
2.08.145 Restrictions on Council.
2.08.147 Legislative Action.
2.08.150 Appointment of Council Standing
committees.
2.08.160 Finance committee—Duties.
2.08.170 Judiciary committee—Duties.
2.08.180 Health committee—Duties.
2.08.190 Street and alley committee—Duties.
2.08.200 Fire and order committee—Duties.
2.08.210 Water and sewer committee—Duties.
2.08.215 City
Hall Committee - Duties
2.08.220 Other committees.
2.08.230 Compensation of Council.
2.08.010 Legislative Branch The legislative branch shall consist of the
City Council which shall be the governing body of the City. (Charter 2.01)
2.08.020 Composition The City of
2.08.030 Qualifications for Office Every resident of the City of
2.08.040 Term of Office Members of the Council shall be elected for
four (4) year overlapping terms of office.
(Section 2.04)
2.08.050
2.08.060 Meetings – Quorum - Attendance The Council shall have regular meetings on
the first and third Wednesdays of each month, at such hour as may be determined
upon by resolution from time to time, for the transaction of any business
pertaining to the City and its business affairs. A majority of the Council shall constitute a
quorum for the transaction of business, but a smaller number may adjourn and
may also compel the attendance of absent members by sending the Chief of Police
or any policeman of the City to require their attendance. If any member of the Council, on being so
notified, fails to attend or to send a good, written excuse, such alderman must
be fined by the Mayor, president of the Council or other presiding officer in a
sum not less than ten nor more than one hundred dollars.
2.08.070 Powers and Duties The Council shall have the following powers:
1. The
Council shall be the legislative and policy determining body of the City of
2. Neither
the Council, nor the Council members shall in any manner dictate the appointment
or removal of any City officers or employees whom the Mayor or any subordinates
are empowered to appoint. (Charter
2.11(2))
3. Except
for the purpose of inquiry or investigation under this title, the Council or
its members shall deal with the local government employees who are subject to
the direction and supervision of the Mayor solely through the Mayor; and
neither the Council nor its members may give orders to any such employee,
either publicly or privately. (Charter
2.11(3))
Section: 2.08.075 Order of Business Upon being called to order, and the
appearance of a quorum, the council shall conduct meetings in accordance with
Roberts Revised Rules of Order and proceed to business in the following order:
A. First, reading, amending and approving
the minutes of the previous meeting. A
draft of the minutes of the previous meeting shall be available to the Council
members in packets distributed prior to the upcoming regular Council meeting.
B. Second, presentation of petitions and
communications;
C. Third, reports of officers;
D. Fourth, reports of standing committees;
E. Fifth, reports of special committees;
F. No
action will be taken on any item not on the agenda, provided, however, that the
Council shall have full right to act in case of emergency.
2.08.080 Priority of Business All questions relating to the priority of
business shall be decided without debate.
2.08.085 Record of Proceedings The Council shall keep true and correct
records of all its proceedings; shall by resolution establish its own rules of
action, subject to the Charter, State laws and the Dillon Municipal Code; shall
have full power to protect itself from interruptions and disturbances and shall
not permit anyone not a member of the Council or a city officer to take part in
its deliberations except upon special permission first granted. (Charter 2.15)
2.08.090 Attendance by Chief of Police The chief of police shall at all times,
unless excused, attend the regular sessions of the Council.
2.08.095 Special Sessions The Council may be convened in special
sessions at any time by the request of the Mayor, or by request of two Council
members, or the president of the Council, in the absence of the Mayor or his
inability to act, and in case of the absence or inability to act, and in case
of the absence or inability to act of both officials, then by the City Clerk. At such special sessions, the officer calling
the meeting shall state the object of the meeting and no other subject shall be
considered at such meeting. The Council
may from time to time adjourn its regular or special sessions until all business
has been transacted.
2.08.100 President of the Council The Council shall have a president who shall
be elected by the members of the Council from their own number in January of
each even year for a two year term. The
president of the Council shall preside when the Mayor is absent, and when so
presiding may only vote as other members of the Council. (Charter 2.07)
2.08.110 Temporary Presiding Officer In case of the absence or inability to act of
both the Mayor and president, the Council shall select its presiding officer.
2.08.120 Vacancy in Office The office of council member becomes vacant
as prescribed by law. (Charter 2.08)
2.08.130 Removal from Office A Council member may be removed from office
by a finding, adopted by the affirmative voice vote of five (5) Council members
that the office has become vacant as prescribed
by law, or by the recall of the Council member by the electors of Dillon
as prescribed by law. (Charter 2.09)
2.08.140 Filling Vacancy on Council When a vacancy occurs in the office of
Council member, the position shall be considered open and subject to nomination
and election at the next general municipal election, except the term of office
shall be limited to the unexpired term of the person who originally created the
vacancy. Pending such election and qualification,
the Council shall appoint, by the affirmative voice vote of five (5) Council
members, a person possessing the qualifications for office required by law and
this Charter, within 30 days of the vacancy to hold the office until the
successor is elected and qualified.
(Charter 2.10)
2.08.145 Restrictions on Council Except where authorized by law, no Council
member shall hold any other city office or city employment for
compensation. (Charter 2.13)
2.08.147 Legislative Action The affirmative vote of four (4) Council
members shall be required for all official actions of the Council. A minimum of five (5) Council members must be
present when official actions are taken by the Council. The Council may override the Mayor’s veto
with the affirmative vote of six (6) Council members. (Charter 2.14 (1)(2))
2.08.150 Appointment of Council Standing Committees On the organization of the City Council on
the first Wednesday of January of each even year, or thereafter, the president
of the Council shall nominate members with the advice and consent of the
Council to the following standing committees:
finance, judiciary, street and alley, city hall, health, parks and
playgrounds, fire and order, sewer and water.
Each of said committees shall consist of not less than three Council
members. (Charter 2.12)
2.08.160 Finance Committee—Duties It shall be the duty of the finance committee
to examine monthly or more often, if deemed best by it or the Council, all
reports, accounts, books, papers and statements of all the City officers; to
check up and ascertain the correctness of the reports, books and accounts of
all city officers and to make proper endorsements on such reports, accounts and
books of the different city officers; to have general supervision of the
finance of the City and to report all of their proceedings relating thereto to
the Council.
2.08.170 Judiciary Committee—Duties It shall be the duty of the judiciary committee
to suggest to the City Council additional ordinances and also it shall be the
duty of this committee to see that all ordinances are enforced.
2.08.180 Health Committee - Duties It shall be the duty of the health committee
in conjunction with an administrative committee and the City Attorney to see
that all nuisances dangerous to health and obnoxious to the senses be removed
and abated. The health committee, with
the health officer, shall constitute the local board of health for the City of
2.08.190 Street and Alley Committee - Duties It shall be the duty of the street and alley
committee to investigate and see that the streets, alleys and public places are
kept in good condition and repair; to see that all streets, alleys and public
places are kept free from rubbish and combustible materials and materials
dangerous to health; to assist in the purchase of all supplies and materials
for the streets and to assist the administration in the construction and
maintenance of the City’s street and alleys.
2.08.200 Fire and Order Committee - Duties It shall be the duty of the fire and order committee
to see that all ordinances relating to the fire limits and the construction and
repair of all buildings shall be done as provided by ordinance; to see that the
streets, alleys, private and public places are kept free of combustible
materials, such as would be dangerous, on account of fire and to see that all
ordinances relating to the peace and quiet of the City are enforced.
2.08.210 Water and Sewer Committee - Duties It shall be the duty of the water and sewer
committee to generally assist and advise the administration regarding the
waterworks system and the wastewater system of the City and shall do and
perform the duties usually performed by like committees.
The
City Hall Committee of the City Council shall be responsible for performing the
following duties:
The
City Hall Committee shall receive reports and review the maintenance and
operations of the City Hall facilities.
This is to include the approval of expenditures for repair and
maintenance. The committee also reviews
and recommends to the City Council approval of request for new applications for
rental of available facility space. The
City Director of Operations will have responsibility of making sure the rental
agreement is met and can refer any returning rental request to the committee
for reconsideration.
2.08.220 Other Committees There may be other standing committees
appointed by the Mayor at any time on the direction of the Council. There may also be such special committees
appointed as the Council may desire and appointed in the manner the Council may
direct; provided that none of the forgoing provisions of this chapter shall be
construed as relating to special committees.
2.08.230 Compensation of Council The compensation of Council members shall be
set annually by the Council. (Charter
2.16)
Chapter 2.12 City Officers
Sections:
2.12.005 Officers of the City.
2.12.010 Appointments by Mayor.
2.12.005 Officers of the City.
(1) The
officers of the City of
a. one Mayor;
b. two aldermen from each ward;
c. one city judge.
(2) The officers listed in
subsection (1) must be elected by the qualified electors of the City as
provided in the Dillon Municipal Code.
(3) There
shall also be appointed by the Mayor with Council consent:
a. one City Attorney;
b. one City Clerk;
c. one City Treasurer;
d. one Police Chief;
e. any other officers necessary to carry
out the provisions of this ordinance:
Fire Chief, Director of Operations, Fire Marshall, Health Officer. (MCA - 1995 - 7-4-4102)
2.12.010 Appointments by Mayor The Mayor, at the first meeting of the
Council in January after a municipal general election in November, shall
appoint one City Attorney, one Director of Operations, one Treasurer, one City
Clerk, one Chief of Police, one Health Officer, one Fire Chief and one Fire
Marshall, all of which said officers shall hold office for the period of two
years or until their successors are appointed and qualified.
Chapter
2.16 City Clerk
Sections:
2.16.010 City Clerk—Certified documents.
2.16.020 City Clerk—Finance record.
2.16.030 City Clerk—Attendance at meetings.
2.16.040 City Clerk—Ordinances and resolutions.
2.16.050 City Clerk—Countersigning.
2.16.060 City Clerk—Duties generally.
2.16.070 City Clerk—Compensation.
2.16.010 City Clerk—Certified documents It shall be the duty of the City Clerk on
demand to furnish the Council or any officer thereof with a certified copy of any
paper, record or document in his office, when the same may be necessary to such
officer in the discharge of his duties.
And he shall, also when required, furnish anyone a like copy, but in
that event he shall be entitled to receive one dollar for said copy, payable in
advance.
2.16.020 City Clerk—Finance record The City Clerk shall also keep a record to be
known as the finance record, in which shall be kept the date, amount, in whose
favor drawn and for what purpose warrants are drawn and for what purpose
warrants are drawn upon the City Treasurer.
2.16.060 City Clerk—Duties generally The City Clerk shall do and perform such
other and further duties as are required of the Clerk by the ordinances of the
City, the laws of the state and by order of the Council.
Chapter 2.17 City Attorney
Sections:
2.17.010 Qualifications for City Attorney.
2.17.020 Appointment - term of office.
2.17.030 Appointment and suspension of Deputy
City Attorney.
2.17.040 Removal or suspension.
2.17.050 Special status of City Attorney.
2.17.060 Duties.
2.17.070 Employment of special or additional
counsel.
2.17.080 Reports.
2.17.090 Indemnification.
2.17.100 Delivery of papers to successor.
2.17.110 Records and Files.
2.17.120 Compensation
2.17.010 Qualifications for City Attorney. To be appointed the City Attorney shall be a
person who has been licensed to practice as an attorney in this state. The City
Attorney shall be a graduate of an accredited law school, licensed to practice
law in the State of
2.17.020 Appointment - term of office. (1) The City Attorney must be appointed by
the Mayor, subject to the approval by the City Council. (2) The City Attorney shall hold his office
for two (2) years unless suspended or removed as provided by law.
2.17.030 Appointment and suspension of Deputy City
Attorney. The City Council may
appoint with majority vote one or more deputies to help the City Attorney. The duties for the deputy City Attorney may
entail all given in this part or any set by the City Council. The deputy’s term of appointment is
considered temporary and the length therewith will be determined by the City
Council. The appointment of deputy may
be removed at any time by the City Council when deemed as not necessary or
required.
2.17.040 Removal or suspension. The City Attorney may be suspended or removed
from office by the Mayor with consent of two-thirds (2/3) majority from the
City Council for the neglect, violation, or disregard of the duties required by
law or the ordinances of the City.
2.17.050 Special status of City Attorney. The City Attorney will have a special status
as an appointed official by reporting to the City Council and the Mayor. All major projects including ordinances and
resolutions will be completed only under City Council approval.
2.17.060 Duties. It shall be the duty of the City
Attorney to attend before the City court and other courts of the City and the
District Court and prosecute on behalf of the City. He/she shall, when required, draw for the use
of the City Council, contracts and ordinances for the government of the City
and, when required, give to the Mayor or City Council, written opinions on
questions pertaining to the duties and the rights, liabilities, and powers of
the corporation. He/she shall perform
such other duties as pertain to the functions of the City Council or as the
City Council may prescribe by resolution.
2.17.070 Employment of special or additional counsel. Nothing in this part shall be taken or
construed as preventing the City Council from employing in special cases on a
contract basis: (1) the City Attorney to perform services not specifically
provided for under 2.17.060; or (2) additional or other counsel.
2.17.080 Reports. The City Attorney shall provide
detailed reports of his/her activities to the City Council, no less frequently
than monthly.
2.17. 090 Indemnification. As a City officer, the
City Attorney shall be provided the immunization, defense, and indemnification
for any civil suit or claim against the City Attorney for his/her actions taken
within the scope and course of his/her employment as provided in 2-9-305 MCA
and related sections.
2.17.100 Delivery of papers to successor. Upon expiration of his/her term of office, or
his/her resignation thereof, or removal therefrom, the City Attorney shall
forthwith, on demand, deliver to his/her successor in office all papers in
his/her hands belonging to the City and all papers in actions prosecuted or
defended by him/her, then pending or undetermined.
2.17.110 Records and Files. All records and files produced by the City
attorney or his/her office shall belong to and remain the property of the
City. At the end of the tenure in office
of the City Attorney, the attorney shall not be entitled to keep or reproduce
any records related in any manner to City Attorney activities or office unless
the City shall specifically allow portions of the records to be copied or
retained by the Attorney.
2.17.120 Compensation.
(1)
The City Attorney’s compensation
for services rendered to the City shall be set annually during the budget
preparation period by the City Council.
(2)
The City Attorney, unless otherwise
excluded by law, can be considered a special status employee of the City (see
2.17.050) or can be retained under contract between the City and the Attorney.
(3)
The compensation shall be defined
in a written contract between the City Attorney and the City of
Chapter
2.18 Director Of Operations
Sections:
2.18.010 Director of Operations—Duties Generally.
2.18.020 Director of Operations—Budget.
2.18.030 Director of Operations—Employees.
2.18.040 Director of Operations—Zoning compliance officer.
2.18.050 Director of Operations—Report to the Council.
2.18.060 Director of Operations—Compensation.
2.18.010 Director of Operations—Duties generally The Director of Operations shall supervise,
direct and plan the daily work activities of the water and sewer; street and
alley; cemetery and parks departments of the City and generally assist the
Mayor in managing the affairs of the City.
He will perform such other duties as may be required by the Mayor or
City Council.
2.18.020 Director of Operations—Budget The Director of Operations shall prepare the
annual budget for the water and sewer, street and alley, cemetery, city hall,
and parks departments of the City and submit same to the Mayor.
2.18.030 Director of Operations—Employees The Director of Operations shall supervise,
hire and fire all employees of the City with the advice and consent of the
Mayor with the exception of the policemen.
2.18.040 Director of Operations—Zoning compliance
officer The Director of
Operations shall, as the City’s zoning compliance officer, have charge of all
matters relating to zoning compliance.
2.18.050 Director of Operations—Report to the Council The Director of Operations shall attend all
meetings of the Council and report to the Council the activities and projects
of each department he supervises. The
Director of Operations shall have the right to take part in the discussion of
the Council but will have no vote.
2.18.060 Director of Operations—Compensation The Director of Operation’s compensation for
services rendered to the City shall be set annually by the City Council.
Chapter 2.20 City Treasurer
Sections:
2.20.010 Bond.
2.20.020 Duty to receive and dispose of moneys.
2.20.030 Record of proceedings.
2.20.040 Cancellation of warrants.
2.20.050 Issuance of receipts.
2.20.060 Monthly statements.
2.20.070 Examination of books by finance
committee.
2.20.080 Order of payment of claims.
2.20.090 Collector of the City.
2.20.100 Delivery of property to successor.
2.20.110 Compensation.
2.20.010 Bond The City Treasurer shall, before entering
upon the duties of his office, make and execute a bond to the City of Dillon,
with two or more good and sufficient sureties, to be approved by the Council,
in such sum as may be required from time to time, which said sum shall at no
time be less than ten thousand dollars, to the effect that he will at all times
faithfully and truly do and perform all the duties of his office as prescribed
by law, ordinances, resolutions and orders of the Council, and will at all
times well and truly account for all moneys belonging to the City that may come
into his hands.
2.20.020 Duty to receive and dispose of moneys It shall be the duty of the Treasurer to
receive and safely keep all moneys, funds, securities or city property that may
come into his hands and distribute the same only upon the order, resolution or
ordinance of the Council and upon warrant of the Mayor countersigned by the
City Clerk.
2.20.030 Record of proceedings He shall at all times keep a suitable book or
books furnished by the City, giving a full and correct account of all moneys received
by him and paid out by him, which said account or accounts shall specify when,
to whom and on what account received or disbursed. He shall also keep account of each source of
revenue to the City, separate and distinct and crediting each account with
funds received on account thereof.
2.20.040 Cancellation of warrants All warrants or orders redeemed and paid by
him and all vouchers shall be delivered each month or oftener, if required by
the City Council, to the City Clerk and filed by him. All warrants or orders redeemed by the City
Treasurer shall before delivery to the Clerk, be stamped on the face of each,
“paid,” adding the exact date thereof.
2.20.050 Issuance of receipts He shall on receipt of money from each and
every city officer or of any property belonging to the City, make out and
deliver to such officer or person a receipt therefore, showing the date
received, the amount and on what account received. All such receipts shall be issued from a
blank receipt book having a suitable and proper stub and which book shall be
marked “original receipt book,” and he shall file receipts with the City Clerk
monthly, or oftener if required.
2.20.060 Monthly statements He shall monthly, or more often if required,
make out and file with the Clerk a full and complete statement of all moneys
received and distributed by him as Treasurer, which said statement shall be
considered and acted upon by the Council.
He shall at all times permit the Mayor, the finance committee of the
Council, or any person upon order of the Council to have free access to and
examine and inspect the books and papers in his office.
2.20.070 Examination of books by finance committee As soon after each monthly regular meeting as
possible, the finance committee of the Council may make a thorough examination
of the books, accounts, vouchers and papers in the office of the Treasurer,
ascertain the money on hand and in the bank, compare his accounts and receipts
with the duplicate accounts and receipts filed with the City Clerk and make a
report of the proceedings of such committee therein to the Council at its next
meeting. If the report of such committee
be approved by the Council, then the chairman of such committee shall cause the
necessary entries to be made in the Treasurer’s books and accounts, showing the
approval thereof. The annual statement
and report of the Treasurer shall likewise be examined and approved and the
proper entries made in his books and accounts.
All canceled warrants and orders shall remain in the possession of the
City Clerk until destroyed according to state statute.
2.20.080 Order of payment of claims Each fund in the books of the Treasurer shall
be paid out in the order in which warrants are presented and in the event that
there is not sufficient money on hand in any fund to pay the warrant or order
presented, the Treasurer shall endorse on such order or warrant “Not paid for
want of funds,” and shall sign such endorsement with the date thereof and shall
enter the same in the proper book kept for that purpose. All warrants so registered shall bear
interest at the rate of six percent per year from the registry thereof until
there are funds on hand to pay the same.
When there is sufficient money in any fund to pay any part or all of the
warrants outstanding against such funds, the Treasurer shall post a notice at
his office door stating what warrants, on what fund and the number thereof will
be redeemed, and after the posting of such notice, interest on such outstanding
warrants shall cease. No money shall be
transferred from one fund to the other except by order of the Council and a
copy or notice of which said order shall be given the Treasurer by the Clerk.
2.20.090 Collector of the City The City Treasurer shall be the collector of the
City and as such collector shall receive and collect all money due to the City.
2.20.100 Delivery of property to successor The City Treasurer shall not use for his own
use any money or property belonging to the City. He shall turn over all money, property and
papers in his office, belonging to the City, to his successor. He shall also do and perform such other and
further duties as are required by law and the ordinances of the City or the
orders of the Council.
2.20.110 Compensation
The City Treasurer’s compensation for services rendered to
the City shall be set annually by the City Council.
Chapter 2.24 Judicial Branch - City Judge
Sections:
2.24.005 City Court.
2.24.010 Qualifications—Residency.
2.24.020 Oath of office—Bond.
2.24.030 Duties—Docket.
2.24.040 Monthly reports.
2.24.050 Compensation.
2.24.005 City Court There shall be a City Court as provided by
law.
2.24.010 Qualifications—Residency The City Judge and all candidates for City
Judge must reside within the Dillon city limits.
2.24.020 Oath of office—Bond The City Judge, before entering upon the
duties of his office, shall take the oath of office and shall also file a good
and sufficient bond with two or more sufficient sureties, to be approved by the
Council, in the sum of two thousand dollars, which bond shall be filed with the
City Clerk.
2.24.030 Duties—Docket The City Judge shall keep a docket in which
shall be entered a synopsis of the proceedings in his court and which docket
shall be kept in the manner provided by the laws of Montana for justices of the
peace. The proceedings in the City Court
shall be conducted in the same manner as provided by law in the justice courts
of the state.
2.24.040 Monthly reports It shall be the duty of the City Judge to
file with the City Clerk, monthly, at the end of each month, a full and
complete report of the cases commenced and tried in his court; for what
offenses; the amount of fine and costs; whether paid or not; whether committed
or not and for how long; the date of commitment, if any; those given time to
pay and what security, including the name or names of the person or persons as
security; cased dismissed, with the cause thereof; cases appealed; also any
other information which will give the Council complete information of the
proceedings had in the said court, and in such report shall also be included,
each month, all fines not previously collected.
The City Judge shall each week pay over to the City Treasurer all moneys
in his hands belonging to the City and he shall take a receipt therefore, which
shall be filed with his report.
2.24.050 Compensation The City Judge’s compensation for services
rendered to the City shall be set annually by the City Council.
Chapter 2.28 Chief Of Police
Sections:
2.28.010 Chief of police—Oath of office.
2.28.020 Chief of police—Duties generally.
2.28.030 Chief of police—Execution of orders of
the board of health.
2.28.035 Removal from office.
2.28.040 Chief of police—Disposal of funds.
2.28.120 Compensation.
2.28.010 Chief of police—Oath of office The chief of police shall, before entering
upon the duties of his office, take and subscribe the oath of office as is
required by state law.
2.28.020 Chief of police—Duties generally
1. It is the
duty of the chief of police:
a.) To execute and return all process issued by the City Judge or directed to him by any legal authority and to attend upon the City Court regularly.