Every person who has been declared elected mayor or council member shall, within 10 days after the declaration, take and file with the city clerk an oath of office in the form and manner provided by law and shall execute and give sufficient bond to the municipal corporation in the sum of $10,000, conditioned for the faithful performance of the duties of the office. This bond must be approved by the judge of the district court of the county in which the city is situated and must be filed with the clerk and recorder of the county in which the city is situated.
This section of law applies to the Municipal Commission form of government. Forsyth is organized under the Commission Executive form in 7-3-201-224. These sections do not include the bonding requirement. The Municipal Commission form is not used by any city or town in Montana.
by Alec Hansen
Interpretation: the state sponsors and empowers any duly elected town drunk and village idiot. No bond required.
MONT CODE ANN § 7-3-203 : Montana Code - Section 7-3-203: DUTIES OF EXECUTIVE
The executive shall:
(1) enforce laws, ordinances, and resolutions;
(2) perform duties required by law, ordinance, or resolution;
(3) etc., etc.
Interpretation: the mayor is required by state law to enforce city law.
The degree of “enforcement” becomes a gray area, however the circumstantial evidence is quite overwhelming:
- The city’s dog ordinance was revised in an attempt to neuter it’s effectiveness with/by the approval of the city council. The city is empowered by the state to enact any dog ordinance, however the city is compelled by the state to enforce it!
- The city spends no money on/for dog control.
Date Expenditure* Mayor
1996 $327 Martinik
1997 NONE Martinik
1998 NONE Murnion
1999 NONE Murnion
2000 NONE Murnion
2001 NONE Murnion
2002 NONE Kopitzke
2003 NONE Kopitzke
2004 NONE Kopizke
2005 NONE Kopitzke/Wright
2006 NONE Matteson
2007 NONE Matteson
2008 $75 Matteson
20009 $50 Matteson
2010 $300 Matteson
9/2011 $155 Matteson
The city “dog pound” is contracted with the Yellowstone Veterinary Clinic and city expenditures for this service are minimal to nonexistent!!!
The mayor and aldermen may win the votes of dog owners……but they can’t assert or claim they are “doing their jobs”! Not per Montana law!!!
I’m exceeding my pay scale, but I believe the crimes are called obstruction, ethics violations and nonfeasance!
Is anyone listening???