Montana Code 7-11-304. Service plan
7-11-304. Service plan. (1) The petitioners or the interlocal cooperation commission shall prepare a service plan governing the service or activity proposed to be transferred or consolidated.
Terms Used In Montana Code 7-11-304
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(2)The plan shall provide:
(a)the nature of service or function to be consolidated or transferred;
(b)the effective date of the proposed consolidation or transfer;
(c)the responsibility for administration of the service to be consolidated or transferred, including the succession of the performance of duties currently performed by an elected officer if the elective status of an office is affected;
(d)the manner in which affected employees currently engaged in the performance of the function will be transferred, reassigned, or otherwise treated;
(e)the manner in which real property, facilities, equipment, or other personal property required in the exercise of the function are to be transferred, sold, or otherwise disposed of;
(f)the method of financing, establishing, and maintaining a budget for the service; and
(g)other legal, financial, and administrative arrangements necessary to effect the transfer in an orderly and equitable manner.
(3)The service plan may include provisions for an administrator or joint board responsible for administering any joint or cooperative undertaking.
(4)The service plan shall be attached to the petition or to the interlocal cooperation commission’s recommendation when it is submitted to the governing bodies affected by the service consolidation or transfer.