CHAPTER 1

BOARD OF PARK COMMISSIONERS

The authority for this chapter is specifically contained in Montana Code Annotated section 7-16-4103(3), wherein the city is authorized, at its discretion, to place any or all of said institutions under the control and management of the board of park commissioners. Those powers, duties, obligations, and rights contained in Montana Code Annotated title 7, section 7, part 41, which are not expressly delegated to the board of park commissioners shall be reserved unto the city council. (Ord. 398, 1-20-2003)

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2-1-2: BOARD CREATED; APPOINTMENT; QUALIFICATIONS; TERM:

A. Composition; Appointment: There is hereby reestablished a board of park commissioners which shall be composed of the mayor of the city and five (5) other members. Those five (5) other members shall be appointed by the mayor with the advice and approval of the city council.

B. Continuance In Office: Each person serving on the board of park commissioners immediately preceding the effective date hereof shall continue to serve the remainder of his term as originally appointed.

C. Qualifications: Each of the five (5) persons to be appointed shall have the following qualifications for office of park commissioner:

1. Is at least eighteen (18) years old;
2. Has been a resident of the state of Montana for at least three (3) years; and
3. Has been a resident of the city or of an area which has been annexed by the city for at least two (2) years preceding the appointment to office.

D. Term Of Office: The term of office of each park commissioner shall be two (2) years from and after May 1 of the year in which the appointment is made, and until a successor is appointed and qualified. (Ord. 398, 1-20-2003)

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2-1-3: VACANCY IN OFFICE:

A. Residency: The office of park commissioner shall be considered vacant if the individual appointed as a park commissioner ceases to be a resident of the city.

B. Failure To Attend Meetings Or To Qualify: Any park commissioner who shall refuse or neglect, for the period of three (3) consecutive meetings, to attend the meetings of the board without leave of absence from the board, or who shall fail for the period of twenty (20) days from and after his appointment to qualify as in this chapter provided, shall be deemed to have vacated his office, and thereupon, his successor may be appointed. (Ord. 398, 1-20-2003)

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2-1-4: OFFICERS:

A. President And Vice President: In May of each year, the board of park commissioners shall meet and organize by electing one of their members president and one of the members vice president, who shall hold their offices respectfully for the term of one year. The president, and in his absence, the vice president, shall preside at all meetings of the board and perform such other duties as shall be required and directed by the board.

B. Clerk:

1. The city clerk-treasurer, or an appointee of the city clerk-treasurer, shall be ex officio clerk of the board of park commissioners, and shall attend all meetings of the board and keep correct minutes of all proceedings of the board in a book to be provided for that purpose, to be called "Record Of The Board Of Park Commissioners Of The City Of Cut Bank". It shall be the duty of the city clerk-treasurer or the clerk-treasurer's appointee, as such clerk of the board of park commissioners, to keep an accurate account of all transactions for the board of park commissioners, to keep all transactions of the board separate from other city accounts, and to make and submit in writing to the board at the first meeting in August of each year a report, under oath, showing in detail all of the receipts and disbursements made from the park fund by the city council during the year, which report shall be in duplicate, and after being approved by the board, one of the duplicates shall be filed in the office of the city clerk-treasurer and the other retained in the records of the board of park commissioners.


2. In the absence of the clerk at any meeting held by the board, the board shall designate one of its members as clerk pro tem to keep the minutes of the meeting, which minutes shall be delivered to the clerk to be transcribed into the record book of the board. The minutes of the meeting and the record book contained, when approved by the board, shall be prima facie evidence of the matters and things therein recited in any court of the state. (Ord. 398, 1-20-2003; amd. 2006 Code)

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1. To lay out, establish, improve, and maintain parkways, drives, and walks in the parks of the city, and to make plats thereof and to file the same in the office of the city clerk-treasurer, and to determine when and what parks shall be opened to the public.
2. To advise the governing body of the city as to the cultivation, planting, maintenance, and improvements to all trees and other plants required to be planted, cultivated and maintained in the parks belonging to the city, and in the streets, avenues, boulevards, and public places in the city.
3. To advise the governing body of the city as to any rules and regulations necessary or convenient to protect and promote the growth of trees and plants in parks, streets, avenues, alleys, boulevards and public places under the care and control of the board, including the protection of all animals inhabiting, frequenting, or nesting in the parks, streets, avenues, boulevards, and public places. Additionally, the board of park commissioners shall promulgate all rules and regulations for the use of parks, lands, buildings, improvements, and recreational programs by the public and to provide penalties for the violation of such rules and regulations; said penalties having full force and effect upon approval by resolution of the governing body of the city.
4. To exercise all other powers incident to the duties enjoyed by the provisions of this chapter.

B. Program Of Public Recreation And Playgrounds: The board of park commissioners may also operate a program of public recreation and playgrounds, and for this purpose, may acquire, equip and maintain land, buildings, and other recreational facilities and may provide advice to the governing body in regard to expenditure of funds from the park fund for these purposes. (Ord. 398, 1-20-2003)

2-1-6: MEETINGS:

A. Regular And Special Meetings: The board of park commissioners shall hold an annual meeting in May of each year and shall meet periodically throughout the year at such times as the board shall, by rule, prescribe. Special meetings may also be held at the call of the president, or in his absence, the vice president, giving to each member of the board at least forty eight (48) hours' prior notice in writing of the time and place of holding such meeting. All park board meetings are public meetings, and the park board shall post public notice of its meetings at least forty eight (48) hours prior to the meeting in three (3) public places such as city hall, the U.S. post office, the county courthouse or such other public places to enable the public a meaningful opportunity to participate in its meetings.

B. Quorum: A majority of the entire board shall be necessary to constitute a quorum for the transaction of the business of the board. (Ord. 398, 1-20-2003)

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2-1-7: COMPENSATION:

No park commissioner shall receive compensation for his services rendered under the provisions of this chapter, but the actual and necessary expense incurred by any member of the board while acting under the orders of the board in the transaction of any business in its behalf may be paid upon being allowed and audited by the board and submitted to the governing body of the city. (Ord. 398, 1-20-2003)

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2-1-8: CONFLICT OF INTEREST:

No park commissioner shall be interested in any contract made by the board or by its authority, or in the furnishing of any supplies for the use of the board. (Ord. 398, 1-20-2003)

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2-1-9: FINANCES; CONTRACTS:

A. Funds: All monies raised by taxes for park purposes, or received by any member of the board of park commissioners for public purposes, or from any other source, shall be paid into the city treasury, and the city clerk-treasurer shall keep all these monies in a separate fund to be known as the park fund. The board of park commissioners shall have no power to incur liability on behalf of the city from the park fund, except to the extent authorized pursuant to the city council budget, as adopted each fiscal year.

B. Claims: The chairman of the board of park commissioners, or in his absence, the vice chairman, shall review all claims made against the city, liability for which was incurred pursuant to said advice of the board of park commissioners, and shall make recommendations for approval of such payments each month prior to the claims meeting and approval of payment by the city council.

C. Contracts: All contracts made by the board shall be in the name of the city and shall be signed by the city clerk-treasurer and by the mayor. (Ord. 398, 1-20-2003)

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2-1-10: EMPLOYEES:

A. Council Authority: The governing body of the city reserves the right to employ and discharge workers, laborers, engineers, foresters, and others, and to fix their compensation; and to make all contracts necessary or convenient for carrying out any and all the powers conferred and duties enjoined upon the board of park commissioners by this chapter; and to pay all obligations authorized to be incurred by the provisions of this chapter. While the mayor makes the appointments and the city council advises and consents to said appointments of personnel hired to work at the civic center and at the swimming pool, and other employee positions directly impacting the duties and responsibilities of the board of park commissioners, the board shall establish a subcommittee of three (3) board members which shall be consulted and which shall provide its advice to the mayor of the city prior to such persons being hired to work at the swimming pool or at the civic center or within other areas under the direct supervision of the park board.

B. Board Review Of Applications: The board of park commissioners shall be allowed to review the applications for employment, shall be consulted prior to posting any job descriptions for employees who may impact the duties and responsibilities of the board, and shall be consulted as to job descriptions and compensation paid to such employees.

C. Job Performance Evaluations: It shall further be the duty of the board of park commissioners, as a whole, to provide job performance evaluations on each employee working in any position indicated under the control of the park board in the city organization chart. Said evaluations shall be in addition to job evaluations required to be performed pursuant to the city policy manual (Ord. 398, 1-20-2003)

2-1-11: CITY SUPERINTENDENT:

A. Utilize Services Of Superintendent: In recognition that much of the maintenance, upkeep, and improvements made or required to be performed in the city's parks, buildings, and facilities is performed by city personnel under the direct supervision of the city superintendent, the board of park commissioners may continue to utilize the services of the city superintendent to advise and carry out the duties and responsibilities of the park board and to exercise the park board's powers as directed by the board and as the board deems appropriate.

B. Resolution Of Conflicts: Any conflict which may occur between the park board and the city superintendent shall first be taken to the mayor for resolution. If either party remains unsatisfied with the mayor's proposed resolution of the conflict, then that party may appeal directly to the city council. Operating as a whole, the city council shall decide the matter as a matter of policy. (Ord. 398, 1-20-2003)

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CHAPTER 2
BOARD OF APPEALS FOR ABATEMENT
OF DANGEROUS BUILDINGS