§ 1-3-20 QUALIFICATIONS OF ALDERMAN.

   No person is eligible for the office of Alderman unless he or she is a resident for at least 60 days preceding the election to office of the ward electing him or her or of an area which has been annexed by the city and placed in the ward.

(1992 Code, § 2-1-201)

§ 1-3-21 POWERS OF COUNCIL.

   The City Council has the power to:

   (A)   Determine the rules of its proceedings, punish its members for improper conduct;

   (B)   Make and pass all by-laws, ordinances, orders and resolutions not repugnant to the Constitution of the United States or of the state, or of the provisions of state law, necessary for the government or management of the affairs of the municipality, for the execution of the powers vested in the body corporate by the state;

   (C)   Fix compensation for, and prescribe the duties of, all officers and other employees of the municipality, subject to the limitations set forth in the laws of Montana;

   (D)   Require a report in detail from any officer of the municipality at any time regarding the transactions of his or her office, or any matter connected therewith;

   (E)   Make any and all contracts necessary to carry into effect the powers granted by the laws of Montana, and to provide for the manner of executing the same;

   (F)   Make regulations authorizing the police of the municipality to make arrests of persons charged with crime, within the limits of the municipality and within five miles thereof, and along the line of the water supply of the municipality; and

   (G)   Impose fines and penalties for the violation of any municipal ordinance, but no fine or penalty shall exceed $500 and no imprisonment shall exceed six months for any one offense.

(1992 Code, § 2-1-202)

§ 1-3-22 MEETINGS; REGULAR AND SPECIAL; TIME.

   (A)   (1)   The Council shall hold regular meetings for the transaction of municipal business on the first and third Monday of each month, and such other meetings to which the Council, by order, may adjourn, or which may be called.

      (2)   Special meetings may be called by the Mayor, or at the written request of three members of the Council, filed with the City Clerk, on their requisition, giving at least three days’ notice thereof, in writing, to all members of the Council present in the city.

(1992 Code, § 2-1-203)

   (B)   (1)   The Council shall convene at 6:00 p.m. unless otherwise ordered.

      (2)   The Mayor shall call the Council to order and the City Clerk shall proceed to call the roll and record in the minutes the names of all members present and note the members absent. The Clerk shall then announce whether or not a quorum is present.

      (3)   All meetings shall be held in the City Hall unless otherwise ordered.

(1992 Code, § 2-1-204)

§ 1-3-23 QUORUM.

   A majority of the members of the Council shall constitute a quorum for the transaction of business, but a lesser number may meet and adjourn to any time stated, and may compel the attendance of absent members under such rules and penalties as the Council may prescribe.

(1992 Code, § 2-1-205)

§ 1-3-24 PRESIDENT.

   At its first meeting succeeding the annual election, the Council shall elect one of its members as President of the Council. In the absence of the Mayor, the President shall be the presiding officer of the Council and may perform the duties of the Mayor.

(1992 Code, § 2-1-206)

§ 1-3-25 ORDER OF BUSINESS.

   (A)   Unless otherwise directed by special order of the Council entered in the journal, the order of business for Council meetings shall be:

      (1)   First: reading, correcting, if necessary, and approving the minutes of the last meeting;

      (2)   Second: reports of officers;

      (3)   Third: reports of standing committees;

      (4)   Fourth: presentation of petitions and communications;

      (5)   Fifth: unfinished business; and

      (6)   Sixth: new business.

   (B)   All questions relating to the priority of business shall be decided by the Mayor without debate.

(1992 Code, § 2-1-207)

§ 1-3-26 RULES OF THE COUNCIL.

   The proceedings of the Council shall in all cases be governed by the following rules, unless the same are suspended temporarily by a vote of majority of the Council.

   (A)   The Mayor or, in his or her absence, the President of the Council shall preserve order and decorum and shall decide all questions of order, subject to appeal to the Council.

   (B)   Prior to speaking, every person shall address the Mayor, and shall not proceed until recognized by him or her.

   (C)   Every person shall rise while addressing the Council, if requested.

   (D)   When two or more persons address the presiding officer, the first arising shall have precedence.

   (E)   While a question is being put, no member shall speak or walk across the Council room or leave the room.

   (F)   When any member is addressing the Council, no other member shall engage in private conversation or do any act to divert or interrupt the speaker.

   (G)   No member shall speak more than twice on the same subject without leave of the Council, nor more than once until every member desiring to speak on the pending question has had an opportunity to do so.

   (H)   No motion shall be debated or put unless the same is seconded. It shall then be stated by the presiding officer and, at the request of any member, shall be reduced to writing.

   (I)   After a motion has been stated by the presiding officer, it shall be deemed in possession of the Council, but may be withdrawn at any time before amendment or decision by the mover with the consent of his or her second.

   (J)   If a question under consideration contains more than one distinct proposition, any member may demand a division.

   (K)   (1)   When a question is under debate, no motion shall be entertained, except the following motions:

         (a)   To adjourn;

         (b)   To lay on the table;

         (c)   For the previous question;

         (d)   To postpone to a certain day;

         (e)   To commit to a standing committee;

         (f)   To amend; and

         (g)   To postpone indefinitely.

      (2)   These motions shall take precedence in the order in which they are stated.

   (L)   A motion to adjourn shall always be in order, save when a member is addressing the chair or a vote is being taken. Motions to adjourn and lay on the table shall not be debatable.

   (M)   Every member of the Council present shall vote upon every question submitted to the Council, unless excused or unless directly interested.

   (N)   No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.

   (O)   No motion for a reconsideration shall be in order unless made at the same meeting or the meeting following that on which the decision was made, nor shall such motion be made save by one who voted with the majority upon the adoption.

   (P)   In all cases, the name of the member proposing a motion or resolution shall be entered with it in the journal of the proceedings.

   (Q)   The yeas and nays shall be called and recorded on the final passage of any ordinance, by-law, resolution or the making of any contract.

   (R)   The voting on the election or appointment of any officer shall be done orally. A majority of the whole number of the members elected is required to appoint or elect an officer. Such vote shall be recorded in the journal of the proceedings.

   (S)   The Mayor shall vote only in the case of a tie and, by his or her vote, all ties shall be decided.

   (T)   All petitions, communications, ordinances and resolutions shall be reduced to writing before being submitted to the vote of the Council.

   (U)   In all parliamentary practice not herein provided for, the Mayor, with the consent of the Council, shall select a standard work on rules of order and shall see that a copy of this work is present and available at all meetings of the Council.

(1992 Code, § 2-1-208)

§ 1-3-27 STANDING COMMITTEES.

   The Mayor may appoint any standing committees that he or she deems necessary for the orderly processing of business of the city.

(1992 Code, § 2-1-209)