Butte Silver Bow Charter Study Commission Meeting - September 22, 2025

The Butte Silver Bow Charter Study Commission met on September 22, 2025, to discuss proposed charter revisions, including reducing the number of commissioners, transitioning to a city manager form of government, and clarifying the role of the director of fire services. County Attorney Matt Yanruth presented detailed legal analyses of charter questions posed by commissioners and addressed conflicts between local ordinances and state statutes regarding volunteer fire departments. The meeting also included public comments on neighborhood councils, approval of previous meeting minutes, and planning for the upcoming public hearing and preliminary report.

Public Comments & Testimony

• Ed Van Rob (Greeley Neighborhood Community Development Corporation) made two presentations. First, he proposed a three-tier community council system (Greater Butte Silver Bow Community Council, District Councils, and Neighborhood Improvement Councils) to enhance public participation. He emphasized these councils should be advisory and not create additional bureaucracy. Second, he clarified that neighborhood councils are independent, officially recognized organizations without code enforcement or governance authority, meant to submit consensual recommendations through the district delegate system.

Discussion Items

• County Attorney Matt Yanruth provided a comprehensive memorandum addressing Chairwoman Brandle's questions about charter revisions. Key points included:
  • Reducing the commission size would require significant changes to Article 3 of the charter and could increase burdens on fewer commissioners.
  • Advisory bodies can remain, but their legal authority must be clearly defined; purely advisory roles are recommended.
  • The charter should retain the restriction that commissioners cannot directly order city employees, maintaining the manager's authority.
  • A tiebreaker vote mechanism is still needed, but could shift from the chief executive to an independent presiding officer (e.g., a mayor) to avoid bias.
  • Transitioning to a city manager model would align with state statutes (MCA 7-3-4362-63) and allow the commission to hire/fire the manager.
  • The current charter allows for elimination or combination of departments via ordinance, but language should be clarified to avoid locking in permanent departments.
  • Parks and Recreation gaining director status would clarify authority and chain of command.
• Commissioner Silk asked about conflicts between local ordinance 2-16-040 (centralizing fire services command) and state statutes regarding volunteer fire departments (MCA 7-33-2110). Yanruth explained that a judicial interpretation may be needed unless the charter specifically addresses the director of fire services' role and the status of volunteer and rural fire departments. Placing fire service details in the charter would resolve conflicts.
• Commissioner Dolan inquired about the timeline for implementing a city manager and smaller commission. Yanruth estimated one to two years, requiring budget adjustments, elections, and transition planning.
• Commissioner Casey asked about odd-numbered commissions to avoid tiebreakers; Yanruth noted that absences could still cause ties, so a designated tiebreaker remains prudent.
• Commissioner Shaw questioned the exception for inquiry/investigation in Section 3.04, which allows commissioners to ask questions but not direct staff. Yanruth affirmed this distinction.
• Commissioner Denihy requested an accurate fire district map; Yanruth noted GIS is working on compiling resolutions to produce a final map, and volunteer fire departments are encouraged to provide documentation.
• Commissioner McCarmick discussed the need for sufficient detail in ballot language, referencing Bozeman's transition to a city manager as a model.
• Commissioner Purdue Dolan raised the possibility of a forensic audit to identify budget savings, but acknowledged this is beyond the commission's scope.
• Chairman Brandle and others discussed supplemental reports vs. ballot issues, with Yanruth clarifying that charter-required items must go to the ballot, while other recommendations can be sent to the council via supplemental reports.

Key Outcomes

• The commission approved the minutes from the September 8, 2025 meeting (motion by Commissioner Casey, seconded by Commissioner Purdue Dolan).
• A public hearing is scheduled for September 29, 2025, from 5:30 to 7:30 PM to gather public input on charter changes.
• The commission will invite Mr. Van Rob back for an official discussion on neighborhood councils at a future meeting (not the public hearing).
• Staff will compile sticky-note comments from recent open houses and share survey results (preliminary percentages discussed) via OneDrive for commissioner access.
• The commission will begin planning the preliminary report after the public hearing, including defining ballot issues, supplemental recommendations, and charter language revisions.