Montana Code Annotated 2023



Part 41. Municipal Officers in General

Officers Of City Of Second Or Third Class

7-4-4102. Officers of city of second or third class. (1) The officers of a city of the second or third class consist of:

(a) one mayor;

(b) two city council members from each ward; and

(c) one city judge.

(2) Except as provided in 7-5-4410, officers listed in subsection (1), except the city judge for a city of the third class, must be elected by the qualified electors of the city.

(3) The governing body of a city of the third class may by ordinance determine whether the office of city judge must be filled by appointment by the governing body or by election or may appoint a justice of the peace or the city judge of another city as judge of the city court as provided in 3-11-205.

(4) There may also be appointed by the mayor, with the advice and consent of the council:

(a) one city attorney;

(b) one city clerk, who is ex officio city assessor;

(c) one city treasurer or one city clerk-treasurer;

(d) one chief of police; and

(e) any other officers necessary to carry out the provisions of this title.

(5) The city council may prescribe the duties of all city officers and fix their compensation.

History: En. Sec. 4741, Pol. C. 1895; re-en. Sec. 3217, Rev. C. 1907; re-en. Sec. 4996, R.C.M. 1921; re-en. Sec. 4996, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1975; R.C.M. 1947, 11-702(part); amd. Sec. 2, Ch. 447, L. 1979; amd. Sec. 1, Ch. 506, L. 1979; amd. Sec. 7, Ch. 543, L. 1987; amd. Sec. 3, Ch. 300, L. 1989; amd. Sec. 446, Ch. 61, L. 2007; amd. Sec. 3, Ch. 174, L. 2017.