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2018 Op. Mont. Att'y Gen. 1 (2018)

handle is hein.sag/sagmt0066 and id is 1 raw text is: 

                     ATTORNEY GENERAL
                             STATE  OF  MONTANA

Tm Fox                                                       Department ofJustice
Attorney General                                             Joseph P. Mazurekjustice Bldg.
                                                             215 North Sanders
                                                             P.O. Box 201401
                                                             Helena, MT 59620-1401
VOLUME NO. 57                                                   OPINION NO. 3

CITIES  AND   TOWNS - The authority   for the removal of a trustee appointed to the
board  of a free public library is a matter to be adopted and implemented by the
board  of trustees under  its statutory duty to adopt  bylaws  and rules for the
transaction of business and the governance of the library;
LIBRARIES - The authority for the   removal  of a trustee appointed to the board of
a free public library is a matter to be adopted and implemented  by the board of
trustees under its statutory duty to adopt bylaws and rules for the transaction of
business and the governance of the library;
STATUTORY CONSTRUCTION - A court should interpret a statute based on its
plain language, neither inserting nor omitting language;
MONTANA CODE ANNOTATED - Title 22; Title 22, chapter 1, part 3; Title 22,
chapter 1, part 7; Title 7, chapter 4; Title 7, chapter 4, part 41; sections 1-2-101,
1-2-102,  7-4-4103(4),  7-4-4303, 7-4-4303(2),  22-1-303(1),  22-1-308(1), 22-1-
308(4), 22-1-308(5), 22-1-309(1), 22-1-402,  22-1-702(1), 22-1-706, 22-1-706(8),
35-1-217(2), 35-1-236(2).

HELD:        The authority for the removal of a trustee appointed to the board of a
             free public library is a matter to be adopted and implemented by the
             board of trustees under its statutory duty to adopt bylaws and rules for
             the transaction of business and the governance of the library.

                                                             September  27, 2018

Ms. Lori A. Harshbarger
Town  Attorney
Town  of Twin  Bridges
c/o 336 Waterloo Road
Whitehall, MT  59759

Dear Ms.  Harshbarger:

IPl]  You  have  requested an  Attorney General  Opinion, which  I have  restated
below:
  TELEPHONE: (406) 444-2026 FAX: (406) 444-3549  E-MAIL: contactdoj@mt.gov  WEB: madoj.gov
                          MONTANA DEPARTMENT OF JUSTICE
     Legal Services Division * Division of Criminal Investigation * Highway Patrol Division * Forensic Science Division
  Gambling Control Division * Motor Vehicle Division * Information Technology Services Division * Central Services Division

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