Montana Code Annotated
Part 1. General Provisions
7-3-158. Transition provisions affecting personnel

7-3-158. Transition provisions affecting personnel. (1) The members of the governing body holding office on the date the new plan of government is adopted by the electors of the local government continue in office and in the performance of their duties until the governing body authorized by the plan has been elected and qualified.
(2) An officer, including a member of the governing body, elected under an existing form of government or plan of government continues to hold office under a new form of government or change to a plan of government if the new form or plan continues to have that office, whether the new officer is to be elected or appointed. A successor may be elected or appointed, as appropriate, to fill the office at the end of the term for which the holdover officer was elected.
(3) All other employees holding offices or positions under the government of the county or municipality continue in the performance of the duties of their respective offices and positions until provisions are made for the performance or discontinuance of the duties or the discontinuance of the offices or positions.
(4) A change in a form of government or a plan of government may provide that existing elected officers of an office that is abolished may continue in office until the end of the term for which they were elected or may provide that the existing elected officers be retained as local government employees until the end of the term for which they were elected, and their salaries may not be reduced.
History: En. Sec. 23, Ch. 675, L. 1979; amd. Sec. 23, Ch. 575, L. 1981; amd. Sec. 11, Ch. 521, L. 2007.

Structure Montana Code Annotated

Montana Code Annotated

Title 7. Local Government

Chapter 3. Alternative Forms of Local Government

Part 1. General Provisions

7-3-101. Compliance with constitution

7-3-102. Adoption of alternative form

7-3-103. Amendment of self-government charter or adopted alternative form of government -- proposed change in type of election -- election

7-3-104. Limitation on change in alternative form

7-3-105. Plan of government

7-3-106. Effect of change in government

7-3-107. through 7-3-110 reserved

7-3-111. Statutory basis for elected county official government

7-3-112. Statutory basis for county manager government

7-3-113. Statutory basis for municipal council-mayor government

7-3-114. Statutory basis for municipal commission-manager government

7-3-115. through 7-3-120 reserved

7-3-121. Purpose

7-3-122. Definitions

7-3-123. Alteration of existing forms of local government

7-3-124. Repealed

7-3-125. Petition for alteration

7-3-126. through 7-3-140 reserved

7-3-141. Permissible recommendations

7-3-142. Requirements for petition

7-3-143. Special requirements if consolidation recommended

7-3-144. Special requirements if county merger recommended

7-3-145. Special requirements if municipal disincorporation recommended

7-3-146. Filing of petitions

7-3-147. Availability of petitions

7-3-148. Publication of summary and comparison

7-3-149. Election on alteration of form of government

7-3-150. General ballot requirements

7-3-151. Treatment of suboptions for proposed alternative forms

7-3-152. Effect of adoption of new form of government or change in plan of government

7-3-153. Filing of approved plan

7-3-154. Judicial review

7-3-155. Three-year moratorium

7-3-156. Effective date of alternative form or amendment -- officers

7-3-157. General transition provisions

7-3-158. Transition provisions affecting personnel

7-3-159. Treatment of existing ordinances and resolutions

7-3-160. Election of new officials -- subsequent elections of officials

7-3-161. Organization of new governing body

7-3-162. through 7-3-170 reserved

7-3-171. Purpose

7-3-172. Purpose of study commission

7-3-173. Establishment of study commissions

7-3-174. Election dates and procedures

7-3-175. Ballot form and question

7-3-176. Election of commission members -- appointments

7-3-177. Composition of study commission

7-3-178. Term of office -- vacancies -- compensation

7-3-179. Organization of commission

7-3-180. Cooperation of study commissions

7-3-181. Conduct of business

7-3-182. Open meetings and public involvement

7-3-183. Commission powers

7-3-184. Financial administration

7-3-185. Scope of study commission recommendations

7-3-186. Study commission timetable

7-3-187. Final report

7-3-188. Special final report requirements -- consolidation or county merger

7-3-189. Special final report requirements for disincorporation

7-3-190. Supplementary reports

7-3-191. Publication of summary

7-3-192. Election on recommendation

7-3-193. Application of other sections