7-4-4102. Officers of city of second or third class. (1) The officers of a city of the second or third class consist of:

Terms Used In Montana Code 7-4-4102

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Ex officio: Literally, by virtue of one's office.

(a)one mayor;

(b)two city council members from each ward; and

(c)one city judge.

(2)Except as provided in 7-5-4410, officers listed in subsection (1), except the city judge for a city of the third class, must be elected by the qualified electors of the city.

(3)The governing body of a city of the third class may by ordinance determine whether the office of city judge must be filled by appointment by the governing body or by election or may appoint a justice of the peace or the city judge of another city as judge of the city court as provided in 3-11-205.

(4)There may also be appointed by the mayor, with the advice and consent of the council:

(a)one city attorney;

(b)one city clerk, who is ex officio city assessor;

(c)one city treasurer or one city clerk-treasurer;

(d)one chief of police; and

(e)any other officers necessary to carry out the provisions of this title.

(5)The city council may prescribe the duties of all city officers and fix their compensation.