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45 Montana Attorney General Reports and Opinions 1 (1993-1994)

handle is hein.sag/sagmt0016 and id is 1 raw text is: 45 Mont. Op. Atty. Gen. No. 1 Office of the Attorney General State of Montana Opinion No. 1 March 8, 1993 CITIES AND TOWNS-- Commission-manager form of government: power to appoint city department heads; LOCAL GOVERNMENT-- Commission-manager form of government: power to appoint city department heads; MUNICIPAL GOVERNMENT--Commission-manager form of government: power to appoint city department heads; MONTANA CODE ANNOTATED-- Title 7, chapter 3; sections 7-3-102, 7-3-114, 7- 3-304, 7-3-304(13), 7-3-305, 7-3-305(2), 7-3-4362, 7-3-4363, 7-3-4402, 7-3- 4403, 7-3-4441, 7-3-4463 to 7-3-4466; MONTANA CONSTITUTION-- Article XI, sections 3(1), 9(1); OPINIONS OF THE ATTORNEY GENERAL--41 Op. Att'y Gen. No. 48 (1986), 41 Op. Att'y Gen. No. 37 (1985). HELD: A city council in a council manager form of government may adopt an ordinance authorizing the council rather than the city manager to appoint heads of city departments. Mr. Robert L. Jovick Livingston City Attorney P.O. Box 1245 Livingston, MT 59047-1245 Dear Mr. Jovick: You have requested my opinion concerning the following question: May a city council in a city with the council-manager form of government adopt an ordinance whereby the city council rather than the city manager appoints heads of city departments? I conclude that the city council in a council-manager form of government may adopt an ordinance pursuant to > MCA § 7-3-304 authorizing the council rather than the city manager to appoint the heads of city departments.

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