ORDINANCE NO. 24-03

An Ordinance of the City Council of the City of Whitefish, Montana, amending Whitefish City Code, Title 1, Chapter 7, Section 2, Municipal Judge.

WHEREAS, on October 6, 2003, the City Council adopted Ordinance No. 03-28, establishing a compensation policy for the City Judge; and

WHEREAS, on July 18, 2005, the City Council adopted Ordinance No. 05-14, codified at § 1-7-2 of the Whitefish City Code, amending the compensation policy for the City Judge; and

WHEREAS, on May 4, 2009, the City Council, in accordance with § 3-6-101, MCA, adopted Ordinance No. 09-06, establishing the Whitefish Municipal Court; and

WHEREAS, on February 1, 2010, the City Council adopted Ordinance No. 10-01, amending the compensation policy for the Municipal Judge; and

WHEREAS, at a lawfully noticed work session held February 20, 2024, the City Council, after receiving a report from the Municipal Judge and City staff and inviting public input, directed staff to draft proposed amendments to § 1-7-2 of the Whitefish City Code; and

WHEREAS, it will be in the best interests of the City of Whitefish and its inhabitants to adopt the proposed amendments to § 1-7-2 of the Whitefish City Code.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Whitefish, Montana, as follows:

Section 1:   All of the recitals set forth above are hereby adopted as Findings of Fact.

Section 2:   The amendments to Title 1, Chapter 7, Section 2 of the Whitefish City Code, as provided in Exhibit A, are hereby adopted.

Section 3:   In the event any word, phrase, clause, sentence, paragraph, section or other part of the Ordinance set forth herein is held invalid by a court of competent jurisdiction, such judgment shall affect only that part held invalid, and the remaining provisions thereof shall continue in full force and effect.

Section 4:   This Ordinance shall take effect thirty (30) days after its adoption by the City Council of the City of Whitefish, Montana, and signing by the Mayor thereof.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, THIS 18TH DAY OF MARCH 2024.

   John M. Muhlfeld, Mayor

ATTEST:

Michelle Howke, City Clerk

EXHIBIT A

This section is adopted to create a policy governing the compensation of the position of Whitefish Municipal Judge.

The city council shall, by budget resolution or other resolution, set the actual compensation of the Municipal Judge. Once set, the compensation of the Municipal Judge shall be increased as of July 1 of the following year, and yearly thereafter, by the same pay adjustment granted to all other non-union city employees.

In setting the annual compensation for the Municipal Judge, the city council will consider education, experience, and other relevant factors relating to the qualifications of the Municipal Judge. 

Every four years, prior to the election, the city council shall review the actual compensation of the Municipal Court Judge in comparison with the compensation provided to District Court judges, as determined by the State of Montana.