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50 Montana Attorney General Reports and Opinions 1 (2003-2004)

handle is hein.sag/sagmt0001 and id is 1 raw text is: VOLUME NO. 50

CITIES AND TOWNS - Contracts for city-county planning board staff;
COUNTIES - Contracts for city-county planning board staff;
INTERGOVERNMENTAL COOPERATION - Contracts for city-county planning board
staff;
LOCAL GOVERNMENT - Contracts for city-county planning board staff;
ZONING AND PLANNING - Application of Mont. Code Ann. § 76-1-306 to contracts
for staff of planning boards;
MONTANA CODE ANNOTATED - Sections 76-1-305, -306;
OPINIONS OF THE ATTORNEY GENERAL - 39 Op. Att'y Gen. No. 75 (1981).
HELD:      A city-county planning board established under Montana Code Annotated
Title 76, chapter 1, may enter into a contract with the city to provide the
professional services of a planning director and staff that are subject to the
supervision of the city manager rather than the planning board.
February 6, 2003
Mr. Brent Brooks
City Attorney
P.O. Box 1178
Billings, MT 59103
Dear Mr. Brooks:
You have requested my opinion on a question I have framed as follows:
Where a city-county planning board has been established under Montana
Code Annotated Title 76, chapter 1, may the city and county enter into an
agreement to provide that the planning director and staff are subject to the
supervision of the city manager rather than the planning board?
Your letter informs me that the City of Billings, the Town of Broadview, and
Yellowstone County have for some time been joined together in a city-county planning
board. Your letter further informs me that the parties are discussing amendments to the
interlocal agreement that created the Board. In the course of these discussions the
question has arisen whether the City-County Planning Director and staff may lawfully be
subject to the direct supervision of the Billings City Manager.
Title 76, chapter 1 of the Montana Code Annotated provides for the creation of planning
boards to advise local governments regarding growth issues. The statutes allow the

OPINION NO. 1

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