Red lined Charter finalDraft proposal 6 3
CHARTER OF THE CITY OF POLSON
PREAMBLE
WE, THE PEOPLE OF THE CITY OF POLSON, COUNTY OF LAKE, STATE OF
MONTANA, in accordance with Article XI, Section 5 of the Constitution of Montana, do hereby
adopt this self-government Charter in order to secure the benefits of local self-government and to
provide for an honest and accountable council-manager government and confer upon the city the
following powers, subject to the following restrictions, and prescribed by the following procedures
and governmental structure. By this action, we secure the benefits of home rule and affirm the
values of representative democracy, professional management, strong leadership, public
engagement, and regional cooperation.
ARTICLE I POWERS OF THE CITY
Section 1.01 Powers of the City of
The City of Polson shall have all powers not prohibited by the Constitution of Montana, the laws
of Montana, or this Charter.
Section 1.02 Interpretations of Powers
The self-government powers and authority of this city shall be liberally construed. Every
reasonable doubt as to the existence of a city power or authority shall be resolved in favor of the
existence of that power or authority.
As provided by Article XI, Section 5 of the Constitution of Montana, provisions herein
establishing executive, legislative and administrative structure and organization are superior to
statutory provisions.
Section 1.03 Restrictions
The property tax mill levy of the city shall be limited to that of Montana municipal governments
with general powers, except with the prior approval of the electors of the city voting on the
question in a general or special municipal election.
No increase in any city license fee, user fee or utility charge shall be made without conducting a
public hearing, as required by law.
ARTICLE II LEGISLATIVE BRANCH
Section 2.01 City Commission
The legislative branch of the city shall be the city commission, which shall be the governing body
of the city. The city commission may be referred to as the city council.
All powers of the city shall be vested in the city commission, except as otherwise provided by
CHARTER OF THE CITY OF POLSON
law or this charter. The commission shall provide for the exercise thereof and for the
performance of all duties and obligations imposed on the city by law.
Section 2.02 Composition
The city commission shall be composed of six (6) commissioners, two elected from each of three
(3) wards and a mayor, elected at large.
Section 2.03 Qualifications for Office
Every resident of the City of Polson who is 18 years of age or older, a citizen of Montana and a
qualified elector pursuant to Article IV, Section 2 of the Montana Constitution and who has
resided within the city limits of the City of Polson for more than one year is eligible to hold the
office of commissioner or mayor.
Section 2.04 Terms of Office
Members of the commission shall be elected to four years, overlapping terms of office.
The mayor shall be elected to a four-year term of office.
Section 2.05 Elections
Commission members and the mayor shall be elected on a nonpartisan basis.
Commission members shall be elected by district (ward), which is apportioned by population.
Candidates for the commission must reside within the ward they seek to represent at the time of
their election and during the entire term of office.
The mayor shall be elected at large and must reside within the city limits of the City of Polson at
the time of election and during the entire term of office.
Section 2.06 Vacancy in Office
The offices of commissioner and mayor become vacant as prescribed by law.
Section 2.07 Removal from Office
A commissioner or the mayor may be removed from office by a finding, adopted by the
affirmative vote of four (4) commissioners, that the office has become vacant as prescribed by
law or by the recall of the commissioner or the mayor by the electors of Polson, as prescribed by
law.
Section 2.08 Filling Vacancies
CHARTER OF THE CITY OF POLSON
When a vacancy occurs in the office of commissioner or 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 who
originally created the vacancy. Pending such election and qualification, the commission shall
appoint within 30 days of the vacancy, by the affirmative vote of a majority of the commission
members, a person possessing the qualifications for office required by law and this Charter to
hold the office until the successor is elected and qualified.
Section 2.09 Powers and Duties
The commission shall be the legislative and policy-making body of the city. All governing
powers of the city shall be vested in the city commission except as otherwise provided by law or
this Charter and the commission shall provide for the exercise thereof and for the performance of
all duties and obligations imposed by law or this Charter.
All members of boards, other than temporary advisory committees established by the manager,
shall be appointed by the commission. The appointment process shall be prescribed by
commission resolution.
Section 2.10 Chairman of the Commission
The chairman and presiding officer of the commission shall be the mayor, who shall vote as other
members of the commission and shall not have veto authority. In the absence of the mayor, the
commission shall select a person from among their own number to serve as acting chairman and
presiding officer.
Section 2.11 Other Duties of the Mayor Power and Duties of the Mayor
The mayor shall be recognized as the principal officer of city government for ceremonial purposes
and shall have no other executive or administrative duties, except as specifically
prescribed by resolution. The mayor shall be a voting member of the city commission and shall
attend and preside at meetings of the commission, represent the city in intergovernmental
relationships,, present an annual state of the city message, appoint the members and officers of
commission committees, assign subject to the consent of commission agenda items to committees,
and perform other duties specified by the commission. The mayor shall be recognized as head of
the city government for all ceremonial purposes and by the governor for purposes of military law.
Section 2.12 Legislative Action
A quorum of not less than four (4) commission members, one of whom may be the mayor, must
be physically present when official actions are taken by the commission.
CHARTER OF THE CITY OF POLSON
The affirmative vote of a majority of the total commission one of whom may be the mayor, (i.e.
4) shall be required for all official actions of the commission. If Montana law requires more than
a majority, then that law shall prevail.
Section 2.13 Procedure
The commission shall, by resolution, establish its rules of procedure and time and place of
meetings.
Section 2.14 Compensation
The compensation of the commission shall be set by ordinance.
ARTICLE III EXECUTIVE BRANCH
Introduction
In the council-manager form of government, the city manager is continuously responsible to
the city commission, the elected representative of the people.
Section 3.01 The City Manager
The city manager, who shall be the chief executive and chief administrative officer of the city,
shall be appointed by the city commission on the basis of merit only and may be removed only
by the affirmative vote of four (4) members of the city commission.
The city manager shall be appointed by written contract which shall specify the duties and
responsibilities, conditions of employment and compensation of the city manager. Said contract
shall not exceed duration of two years unless specifically extended or renewed by majority vote
of the city Commission
Section 3.02 Duties of the Manager
The city manager shall:
enforce laws, ordinances, resolutions and this Charter;
perform the duties required by law, ordinance, resolution or this Charter;
administer the affairs of the city government;
direct, supervise, and administer all departments, agencies, and offices of the city except as
otherwise provided by law, ordinance or this Charter;
carry out policies established by the commission;
prepare the commission agenda;
recommend measures to the commission;
CHARTER OF THE CITY OF POLSON
prepare and present the budget to the commission for its approval and execute the budget
adopted by the commission;
appoint, suspend, and remove all employees of the city except as otherwise provided by law,
ordinance or this Charter;
appointing members of temporary advisory committees established by the city manager;
provide staff support service for the mayor and commission members as authorized by the
commission;
assist the commission to develop long term goals for the city and strategies to implement these
goals;
Section 3.03 City Manager’s Supervisory Authority
Employees appointed by the city manager and his or her subordinates shall be administratively
responsible to the city manager. Neither the commission nor any of its members may dictate the
appointment or removal of any employee whom the city manager or subordinates are empowered
to appoint. Except for the purpose of inquiry or investigation ordered by a majority vote of the
commission, the commission and any of its members shall deal with city employees who are
subject to the direction and supervision of the city manager solely through the city manager, and
neither the commission nor its members may give orders to any such employee, either publicly
or privately.
Section 3.04 Compensation
The compensation of the manager shall be set by ordinance.
Section 3.05 Chief Legal Officer
There shall be a chief legal officer of the city, who may be called the city attorney, appointed by
the city manager with the consent of the a majority vote of the commission, who shall serve as
legal advisor to the city commission, the city manager, and all city departments, offices and
agencies. The appointment process shall be determined by the commission.
The chief legal officer shall be appointed by written contract which shall specify the duties and
responsibilities, conditions of employment and compensation of the chief legal officer. Said
contract shall not exceed duration of two years unless specifically extended or renewed by
majority vote of the city commission.
The chief legal officer shall represent the city in all legal proceedings unless otherwise
determined by the commission and shall perform other duties prescribed by ordinance. The
commission may engage such additional legal counsel as it may require. be required to meet
exigent circumstances.
The chief legal officer shall be supervised by the city manager and shall have the status of a
department head, shall exercise independent legal judgment, and shall not except that he or she
CHARTER OF THE CITY OF POLSON
may not be removed or suspended by the city manager except by the majority vote of the
commission. without the consent of the commission.
ARTICLE IV JUDICIAL BRANCH
Section 4.01 City Court
There shall be a city court or municipal court as prescribed by law.
ARTICLE V DEPARTMENT STRUCTURE
Section 5.01
The organization of city departments shall be prescribed by ordinance.
ARTICLE VI GENERAL PROVISIONS
Section 6.01 Amendment of Charter
This Charter may be amended only by the electors, as prescribed by law.
Section 6.02 Effective Date
This Amended Charter shall become effective on January 1, 2027
Section 6.03 Oath of Office
Before assuming the duties of office, all elected city officials and the city manager shall take and
subscribe to the oath of office as prescribed in Article III, Section 3 of the Constitution of
Montana.
Section 6.04 Severability
If any provision of this Charter is held invalid, the other provisions of this Charter shall not be
affected thereby. If the application of the Charter, or any part of its provisions, to any person or
circumstance is held invalid, the application of the Charter and its provisions to other persons or
circumstances shall not be affected thereby.
ARTICLE VII TRANSITION PROVISIONS
Section 7.01 General Transition
CHARTER OF THE CITY OF POLSON
Transition to this charter form of government shall be as prescribed by law. The Study
Commission shall provide for such transition with an advisory plan consistent with law. This
transition article shall not be published as part of the Charter after June 30, 2008.
Section 7.02 Continuation in Office
No current city employee shall lose employment solely because of the adoption of
this Charter.
All members of the city Commission holding office at the time this Charter is adopted may
continue in office until their successors are elected, qualified and sworn into office.
The person serving as the incumbent mayor in the existing, Commission-mayor form of
government may continue in that office until such time as the city manager is sworn into office,
at which time the office of mayor in the existing Commissionmayor form of government shall be
vacated. Pursuant to the provisions of section 2.08 of this Charter, the commission may appoint
the incumbent mayor to serve as the mayor of the new government until the expiration of his
original term of office.
Section 7.03 R e v i e w of Existing Ordinances
All city ordinances, resolutions and rules of the City of Polson shall remain in effect until
reviewed, continued, revised or repealed by the city commission. The city commission shall
review and, where necessary, revise or repeal all city ordinances to provide for compliance and
consistency with this Charter and state law no later than June 30, 2008.
We, the Study Commissioners of the City of Polson, do hereby
certify that this is the amended self-government Charter proposed
for the City of Polson by the Polson Local Government Review
Study commission and adopted by the voters of Polson on
November 3, 2026.