Montana Code Annotated
Title 7. Local Government
Chapter 4. Officers and Employees

7-4-504. Appointment and functions of advisory council -- governing body as advisory council - 7-4-504. Appointment and functions of advisory council -- governing body...

7-4-505. Eligibility for award - 7-4-505. Eligibility for award. (1) Except as provided in subsection...

7-4-506. Agency head to grant award - 7-4-506. Agency head to grant award. After an agency implements...

Part 21. County Commissioners

7-4-2101. Composition of board of county commissioners - 7-4-2101. Composition of board of county commissioners. Each county may...

7-4-2102. Division of county into commissioner districts - 7-4-2102. Division of county into commissioner districts. (1) In each...

7-4-2103. Filing of certificate designating districts - 7-4-2103. Filing of certificate designating districts. When such division of...

7-4-2104. Commissioners to be elected by district - 7-4-2104. Commissioners to be elected by district. (1) At each...

7-4-2105. Term of office - 7-4-2105. Term of office. (1) The term of office of...

7-4-2106. Vacancy on board of county commissioners -- resigning member not to participate in filling pending vacancy - 7-4-2106. Vacancy on board of county commissioners -- resigning member...

7-4-2107. Compensation of county commissioners - 7-4-2107. Compensation of county commissioners. (1) Subject to subsection (2),...

7-4-2108. Mileage allowance for county commissioners -- expenses - 7-4-2108. Mileage allowance for county commissioners -- expenses. (1) In...

7-4-2109. Presiding officer of board - 7-4-2109. Presiding officer of board. The board of county commissioners...

7-4-2110. Supervision of county and other officers - 7-4-2110. Supervision of county and other officers. The board of...

7-4-2111. Indemnity insurance for county officers - 7-4-2111. Indemnity insurance for county officers. The board of county...

7-4-2112. County seal - 7-4-2112. County seal. The board of county commissioners has jurisdiction...

7-4-2113. Liability on official bond of commissioner - 7-4-2113. Liability on official bond of commissioner. In addition to...

Part 22. County Officers in General

7-4-2201. General qualifications for county office - 7-4-2201. General qualifications for county office. A person is not...

7-4-2202. General qualifications for district or township offices - 7-4-2202. General qualifications for district or township offices. A person...

7-4-2203. County officers - 7-4-2203. County officers. (1) There may be elected or appointed...

7-4-2204. Township officers - 7-4-2204. Township officers. The officers of townships are as provided...

7-4-2205. Term of office -- oath - 7-4-2205. Term of office -- oath. (1) Each person elected...

7-4-2206. Vacancies -- appointment of interim officer - 7-4-2206. Vacancies -- appointment of interim officer. (1) For the...

7-4-2207. Duty of officers to complete official business - 7-4-2207. Duty of officers to complete official business. It is...

7-4-2208. Absence of county officers from state - 7-4-2208. Absence of county officers from state. (1) Subject to...

7-4-2209. Authority to administer oaths - 7-4-2209. Authority to administer oaths. Every officer mentioned in 7-4-2203(1)...

7-4-2210. Restriction on practice of law by certain officers - 7-4-2210. Restriction on practice of law by certain officers. (1)...

7-4-2211. County offices - 7-4-2211. County offices. (1) All county officers, except justices of...

7-4-2212. Official bonds of county officers - 7-4-2212. Official bonds of county officers. (1) The bonds of...

7-4-2213. Inspection of official bonds - 7-4-2213. Inspection of official bonds. (1) At a regular meeting...

7-4-2214. through 7-4-2220 reserved - 7-4-2214 through 7-4-2220 reserved.

7-4-2221. Manner of keeping records and storing documents - 7-4-2221. Manner of keeping records and storing documents. Whenever any...

7-4-2222. Substitution of reproduction for original document - 7-4-2222. Substitution of reproduction for original document. (1) Any document,...

7-4-2223. Duplicate records -- safe storage of one copy - 7-4-2223. Duplicate records -- safe storage of one copy. (1)...

Part 23. Consolidation of County Offices

7-4-2301. Authorization to consolidate county offices - 7-4-2301. Authorization to consolidate county offices. (1) Except as provided...

7-4-2302. Petition for consolidation of county offices - 7-4-2302. Petition for consolidation of county offices. (1) At any...

7-4-2303. Petition for intercounty consolidation of offices - 7-4-2303. Petition for intercounty consolidation of offices. (1) A written...

7-4-2304. Petition details - 7-4-2304. Petition details. (1) A petition for consolidation of offices...

7-4-2305. Initiation of consolidation by county commissioners - 7-4-2305. Initiation of consolidation by county commissioners. (1) The board...

7-4-2306. Processing of petition -- resolution of intent and hearing - 7-4-2306. Processing of petition -- resolution of intent and hearing....

7-4-2307. Notice of hearing - 7-4-2307. Notice of hearing. The county clerk or clerks shall...

7-4-2308. Joint hearings - 7-4-2308. Joint hearings. Nothing herein shall prevent the boards of...

7-4-2309. Conduct of hearing -- decision - 7-4-2309. Conduct of hearing -- decision. (1) At the time...

7-4-2310. Order for consolidation of offices - 7-4-2310. Order for consolidation of offices. (1) In consolidating county...

7-4-2311. Implementation of consolidation order - 7-4-2311. Implementation of consolidation order. (1) Whenever any such order...

7-4-2312. Salary and bond of officer following consolidation - 7-4-2312. Salary and bond of officer following consolidation. (1) (a)...

7-4-2313. Deputies and personnel for consolidated offices - 7-4-2313. Deputies and personnel for consolidated offices. (1) Whenever county...

Part 24. Deputy Officers in General

7-4-2401. Deputy officers - 7-4-2401. Deputy officers. (1) Each county and township officer, except...

7-4-2402. Authorization to exceed limitation on number of deputy officers - 7-4-2402. Authorization to exceed limitation on number of deputy officers....

7-4-2403. Official mention of principal officer includes deputies - 7-4-2403. Official mention of principal officer includes deputies. Whenever the...

7-4-2404. Limitation on county officer acting as deputy officer - 7-4-2404. Limitation on county officer acting as deputy officer. No...

7-4-2405. Appointment of deputies in certain counties - 7-4-2405. Appointment of deputies in certain counties. (1) A deputy...

Part 25. Compensation and Official Fees

7-4-2501. Compensation of county officers - 7-4-2501. Compensation of county officers. (1) The county surveyor (if...

7-4-2502. Payment of salaries of county officials and assistants -- state share for county attorney -- statutory appropriation - 7-4-2502. Payment of salaries of county officials and assistants --...

7-4-2503. Salary schedule for certain county officers -- county compensation board - 7-4-2503. Salary schedule for certain county officers -- county compensation...

7-4-2504. Salaries to be fixed by resolution -- cost-of-living increments - 7-4-2504. Salaries to be fixed by resolution -- cost-of-living increments....

7-4-2505. Amount of compensation for deputies and assistants - 7-4-2505. Amount of compensation for deputies and assistants. (1) Subject...

7-4-2506. Repealed - 7-4-2506. Repealed. Sec. 1, Ch. 114, L. 1999. History: En....

7-4-2507. Deputy sheriff and undersheriff provisions -- construction - 7-4-2507. Deputy sheriff and undersheriff provisions -- construction. If there...

7-4-2508. Compensation of undersheriff and deputy sheriff -- definitions - 7-4-2508. Compensation of undersheriff and deputy sheriff -- definitions. (1)...

7-4-2509. Sheriff's office -- work period in lieu of workweek -- overtime compensation - 7-4-2509. Sheriff's office -- work period in lieu of workweek...

7-4-2510. Sheriff's office -- longevity payments - 7-4-2510. Sheriff's office -- longevity payments. Beginning on the date...

7-4-2511. Collection and disposal of fees - 7-4-2511. Collection and disposal of fees. (1) Each salaried county...

7-4-2512. Statement and affidavit of fees collected - 7-4-2512. Statement and affidavit of fees collected. (1) The fees...

7-4-2513. Filing of statements and affidavits - 7-4-2513. Filing of statements and affidavits. The treasurer shall file...

7-4-2514. Filing required to receive salary - 7-4-2514. Filing required to receive salary. The board of county...

7-4-2515. Fees to be paid in advance - 7-4-2515. Fees to be paid in advance. (1) The officers...

7-4-2516. Fees not required in certain cases - 7-4-2516. Fees not required in certain cases. No fees must...

7-4-2517. Itemized receipt for fees - 7-4-2517. Itemized receipt for fees. Every officer, upon receiving any...

7-4-2518. Statement of fees to be posted - 7-4-2518. Statement of fees to be posted. (1) It is...

7-4-2519. Prohibition upon receiving other fees - 7-4-2519. Prohibition upon receiving other fees. The officers named above...

7-4-2520. Misconduct concerning official fees to result in vacancy of office - 7-4-2520. Misconduct concerning official fees to result in vacancy of...

7-4-2521. Designation of person to receive decedent's warrants or paychecks -- reissuance - 7-4-2521. Designation of person to receive decedent's warrants or paychecks...

7-4-2522. through 7-4-2524 reserved - 7-4-2522 through 7-4-2524 reserved.

7-4-2525. Fees of sheriff to be fixed by resolution - 7-4-2525. Fees of sheriff to be fixed by resolution. (1)...

Part 26. Office of County Clerk

7-4-2601. Limitation on number of deputy county clerks - 7-4-2601. Limitation on number of deputy county clerks. The number...

7-4-2602. Designation of chief deputy by county clerk - 7-4-2602. Designation of chief deputy by county clerk. The county...

7-4-2603. through 7-4-2610 reserved - 7-4-2603 through 7-4-2610 reserved.

7-4-2611. Role and duties of county clerk and election administrator - 7-4-2611. Role and duties of county clerk and election administrator....

7-4-2612. Books for recording documents - 7-4-2612. Books for recording documents. The county clerk, as ex...

7-4-2613. Documents subject to recording - 7-4-2613. Documents subject to recording. (1) The county clerk shall,...

7-4-2614. Records of discharge from military service - 7-4-2614. Records of discharge from military service. (1) It is...

7-4-2615. Records of water users' associations - 7-4-2615. Records of water users' associations. In each county where...

7-4-2616. Map book - 7-4-2616. Map book. The county clerk shall keep a well-bound...

7-4-2617. Procedure to record documents - 7-4-2617. Procedure to record documents. (1) When any instrument, paper,...

7-4-2618. Addresses required to record certain documents - 7-4-2618. Addresses required to record certain documents. The county clerk...

7-4-2619. Indexes to recorded documents - 7-4-2619. Indexes to recorded documents. Every county clerk, as ex...

7-4-2620. Details relating to indexes - 7-4-2620. Details relating to indexes. (1) The county clerk may...

7-4-2621. Search of records - 7-4-2621. Search of records. Upon the application of any person...

7-4-2622. Availability of records - 7-4-2622. Availability of records. All books or records, maps, charts,...

7-4-2623. Liability of clerk relating to duties as recorder - 7-4-2623. Liability of clerk relating to duties as recorder. A...

7-4-2624. through 7-4-2630 reserved - 7-4-2624 through 7-4-2630 reserved.

7-4-2631. Fees of county clerk - 7-4-2631. Fees of county clerk. (1) Except as provided in...

7-4-2632. Fee when recording done by mechanical means - 7-4-2632. Fee when recording done by mechanical means. Except as...

7-4-2633. Repealed - 7-4-2633. Repealed. Sec. 3, Ch. 414, L. 1981. History: En....

7-4-2634. Fees to be noted on recorded documents - 7-4-2634. Fees to be noted on recorded documents. On each...

7-4-2635. Records preservation fund authorized - 7-4-2635. Records preservation fund authorized. (1) The board of county...

7-4-2636. Standards for recorded documents -- exemptions - 7-4-2636. Standards for recorded documents -- exemptions. (1) Unless accompanied...

7-4-2637. Fees for recording documents - 7-4-2637. Fees for recording documents. (1) Except as provided in...

Part 27. Office of County Attorney

7-4-2701. Qualifications for county attorney in certain counties - 7-4-2701. Qualifications for county attorney in certain counties. (1) A...

7-4-2702. Procedure to fill vacancy in office of county attorney - 7-4-2702. Procedure to fill vacancy in office of county attorney....

7-4-2703. Limitation on number of deputies - 7-4-2703. Limitation on number of deputies. In counties having a...

7-4-2704. Limitations on activities of county attorneys and deputy county attorneys - 7-4-2704. Limitations on activities of county attorneys and deputy county...

7-4-2705. Employment of special counsel - 7-4-2705. Employment of special counsel. The board of county commissioners...

7-4-2706. County attorney to be full or part time -- resolution - 7-4-2706. County attorney to be full or part time --...

7-4-2707. Contract for services of county attorney from another county - 7-4-2707. Contract for services of county attorney from another county....

7-4-2708. Contract for services of any other attorney - 7-4-2708. Contract for services of any other attorney. In any...

7-4-2709. and 7-4-2710 reserved - 7-4-2709 and 7-4-2710 reserved.

7-4-2711. County attorney to be legal adviser of county and other subdivisions - 7-4-2711. County attorney to be legal adviser of county and...

7-4-2712. Prosecutorial duties - 7-4-2712. Prosecutorial duties. The county attorney is the public prosecutor...

7-4-2713. Actions to recover money - 7-4-2713. Actions to recover money. The county attorney shall prosecute...

7-4-2714. Recovery of illegally paid money - 7-4-2714. Recovery of illegally paid money. Whenever the board of...

7-4-2715. Records and reports - 7-4-2715. Records and reports. The county attorney shall: (1) deliver...

7-4-2716. Duties related to state matters - 7-4-2716. Duties related to state matters. The county attorney shall:...

7-4-2717. Other duties - 7-4-2717. Other duties. The county attorney must perform such other...

7-4-2718. Referral of complaint - 7-4-2718. Referral of complaint. If a county attorney receives a...

Part 28. Office of County Surveyor

7-4-2801. Qualifications for county surveyor and deputies - 7-4-2801. Qualifications for county surveyor and deputies. (1) Except as...

7-4-2802. Employment of assistants to surveyor - 7-4-2802. Employment of assistants to surveyor. If a party for...

7-4-2803. Situations involving use of other surveyors - 7-4-2803. Situations involving use of other surveyors. (1) Whenever the...

7-4-2804. through 7-4-2810 reserved - 7-4-2804 through 7-4-2810 reserved.

7-4-2811. Function of county surveyor - 7-4-2811. Function of county surveyor. (1) The county surveyor shall...

7-4-2812. Duties related to roads and bridges - 7-4-2812. Duties related to roads and bridges. (1) The board...

7-4-2813. Maintenance of records - 7-4-2813. Maintenance of records. (1) The county surveyor shall keep...

7-4-2814. Preparation of surveys - 7-4-2814. Preparation of surveys. (1) (a) The county surveyor shall:...

7-4-2815. Surveys involving land in two counties - 7-4-2815. Surveys involving land in two counties. (1) Any person...

7-4-2816. through 7-4-2820 reserved - 7-4-2816 through 7-4-2820 reserved.

7-4-2821. Fees of county surveyor - 7-4-2821. Fees of county surveyor. The board of county commissioners...

Part 29. Office of County Coroner

7-4-2901. Appointment of deputy coroners - 7-4-2901. Appointment of deputy coroners. (1) The coroner, with approval...

7-4-2902. Vacancy in office of county coroner or disqualification of coroner - 7-4-2902. Vacancy in office of county coroner or disqualification of...

7-4-2903. Stenographer for coroner in certain counties - 7-4-2903. Stenographer for coroner in certain counties. In each county...

7-4-2904. Qualifications for office of county coroner - 7-4-2904. Qualifications for office of county coroner. (1) In addition...

7-4-2905. Coroner education and continuing education - 7-4-2905. Coroner education and continuing education. (1) Coroner education must...

7-4-2906. through 7-4-2910 reserved - 7-4-2906 through 7-4-2910 reserved.

7-4-2911. Duties of county coroner - 7-4-2911. Duties of county coroner. The county coroner shall: (1)...

7-4-2912. Repealed - 7-4-2912. Repealed. Sec. 21, Ch. 660, L. 1991. History: En....

7-4-2913. Payment of costs of inquest - 7-4-2913. Payment of costs of inquest. Whenever an inquest is...

7-4-2914. Statement required before allowing accounts of coroner - 7-4-2914. Statement required before allowing accounts of coroner. Before allowing...

7-4-2915. Custody and disposition of bodies held pending investigation - 7-4-2915. Custody and disposition of bodies held pending investigation. (1)...

7-4-2916. Repealed - 7-4-2916. Repealed. Sec. 21, Ch. 660, L. 1991. History: En....

7-4-2917. Disposition of property of deceased -- suicide note - 7-4-2917. Disposition of property of deceased -- suicide note. (1)...

7-4-2918. through 7-4-2920 reserved - 7-4-2918 through 7-4-2920 reserved.

7-4-2921. Repealed - 7-4-2921. Repealed. Sec. 5, Ch. 371, L. 1979. History: En....

7-4-2922. Repealed - 7-4-2922. Repealed. Sec. 5, Ch. 371, L. 1979. History: En....

7-4-2923. Computation of mileage for reimbursement - 7-4-2923. Computation of mileage for reimbursement. When a coroner serves...

7-4-2924. Indigent funeral assistance - 7-4-2924. Indigent funeral assistance. (1) (a) There is a special...

Part 30. County Offices

7-4-3001. Office of sheriff - 7-4-3001. Office of sheriff. The duties and functions of the...

7-4-3002. Office of county treasurer - 7-4-3002. Office of county treasurer. The duties and functions of...

7-4-3003. Office of county auditor - 7-4-3003. Office of county auditor. The duties and functions of...

7-4-3004. Office of public administrator - 7-4-3004. Office of public administrator. The powers and duties of...

7-4-3005. Office of county superintendent of schools - 7-4-3005. Office of county superintendent of schools. The duties and...

7-4-3006. Limitation on number of deputy district court clerks - 7-4-3006. Limitation on number of deputy district court clerks. The...

7-4-3007. Qualifications for office of county assessor -- forfeiture of office - 7-4-3007. Qualifications for office of county assessor -- forfeiture of...

Part 41. Municipal Officers in General

7-4-4101. Officers of city of first class - 7-4-4101. Officers of city of first class. (1) The officers...

7-4-4102. Officers of city of second or third class - 7-4-4102. Officers of city of second or third class. (1)...

7-4-4103. Officers of towns - 7-4-4103. Officers of towns. (1) The officers of a town...

7-4-4104. General qualifications for municipal office - 7-4-4104. General qualifications for municipal office. No person is eligible...

7-4-4105. Authority to abolish appointive municipal offices - 7-4-4105. Authority to abolish appointive municipal offices. The city or...

7-4-4106. Authority to consolidate municipal offices - 7-4-4106. Authority to consolidate municipal offices. The city or town...

7-4-4107. Commencement of term of office - 7-4-4107. Commencement of term of office. (1) The terms of...

7-4-4108. Repealed - 7-4-4108. Repealed. Sec. 2, Ch. 486, L. 1993. History: Ap....

7-4-4109. Official bond - 7-4-4109. Official bond. Each officer of a city or town...

7-4-4110. Duties of officers not otherwise provided for - 7-4-4110. Duties of officers not otherwise provided for. (1) The...

7-4-4111. Determination of vacancy in municipal office - 7-4-4111. Determination of vacancy in municipal office. An office becomes...

7-4-4112. Filling of vacancy - 7-4-4112. Filling of vacancy. (1) When a vacancy occurs in...

7-4-4113. Removal of appointed officer - 7-4-4113. Removal of appointed officer. The council, upon written charges...

7-4-4114. Municipal executive officers - 7-4-4114. Municipal executive officers. (1) The executive officers of a...

Part 42. Compensation of Municipal Officers and Employees

7-4-4201. Salary of officers - 7-4-4201. Salary of officers. The council shall determine by ordinance...

7-4-4202. Repealed - 7-4-4202. Repealed. Sec. 37, Ch. 291, L. 2009. History: (1),...

7-4-4203. through 7-4-4210 reserved - 7-4-4203 through 7-4-4210 reserved.

7-4-4211. Designation of person to receive decedent's warrants or paychecks -- reissuance - 7-4-4211. Designation of person to receive decedent's warrants or paychecks...

Part 43. Office of Mayor

7-4-4301. Qualifications for mayor - 7-4-4301. Qualifications for mayor. (1) A person is not eligible...

7-4-4302. Term of office - 7-4-4302. Term of office. The mayor shall hold office for...

7-4-4303. Powers of mayor related to municipal officers, personnel, and citizens - 7-4-4303. Powers of mayor related to municipal officers, personnel, and...

7-4-4304. Repealed - 7-4-4304. Repealed. Sec. 11, Ch. 485, L. 1997. History: En....

7-4-4305. Power to grant pardons - 7-4-4305. Power to grant pardons. The mayor has power to...

7-4-4306. Extraterritorial powers - 7-4-4306. Extraterritorial powers. The mayor has power to exercise the...

Part 44. Office of City Council Member

7-4-4401. Qualifications for city council member - 7-4-4401. Qualifications for city council member. A person is not...

7-4-4402. Term of office - 7-4-4402. Term of office. (1) Except as provided in subsection...

7-4-4403. Officers of city or town council - 7-4-4403. Officers of city or town council. The council may...

Part 45. Office of Municipal Clerk

7-4-4501. Duties of city clerk related to administration - 7-4-4501. Duties of city clerk related to administration. It is...

7-4-4502. Duties of city clerk related to city records and papers - 7-4-4502. Duties of city clerk related to city records and...

7-4-4503. City ordinance book - 7-4-4503. City ordinance book. The book required by 7-4-4501(2) is...

7-4-4504. through 7-4-4510 reserved - 7-4-4504 through 7-4-4510 reserved.

7-4-4511. Duties of town clerk related to administration - 7-4-4511. Duties of town clerk related to administration. It shall...

7-4-4512. Duties of town clerk related to town records and papers - 7-4-4512. Duties of town clerk related to town records and...

7-4-4513. Town ordinance book - 7-4-4513. Town ordinance book. The book required by 7-4-4511(2) is...

Part 46. Office of City Attorney

7-4-4601. Qualifications for city attorney - 7-4-4601. Qualifications for city attorney. To be appointed, the city...

7-4-4602. Appointment -- term of office - 7-4-4602. Appointment -- term of office. (1) The city attorney...

7-4-4603. Removal or suspension - 7-4-4603. Removal or suspension. The city attorney may be suspended...

7-4-4604. Duties - 7-4-4604. Duties. The city attorney shall: (1) appear before the...

7-4-4605. Employment of special or additional counsel - 7-4-4605. Employment of special or additional counsel. Nothing in this...

7-4-4606. Legal services for city of third class - 7-4-4606. Legal services for city of third class. A third...

Part 47. Office of City Treasurer

7-4-4701. Term of office for city treasurer - 7-4-4701. Term of office for city treasurer. In cities of...

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Montana Code Annotated Title 7. Local Government Chapter 4. Officers and Employees

Montana Code Annotated
Title 7. Local Government
Chapter 4. Officers and Employees