Montana § 7-1-206 - Local District Board Oversight -- Methods For Redress

§ 7-1-206. Local District Board Oversight -- Methods For Redress

Local district board oversight -- methods for redress. (1) (a) If at least 5% of the qualified electors that are served by a local government entity file a petition against the board of the local government entity for allegations that the board has not complied with statutes applicable to the governance, operation, and function of the board, including but not limited to a violation of public meeting law, the board member appointment or election process, or the actions and duties required of a board member, the petition must be filed with the governing body under whose authority the local government entity was created. (b) The governing body under whose authority the local government entity was created shall remit petitions received under subsection (1)(a) to the county attorney. The county attorney shall evaluate the petition and shall provide a written notice of determination to the governing body, the board of the local government entity that is subject to the petition, and any petitioner who requests a copy. If the county attorney has a conflict of interest, the county attorney shall seek review by a prosecutor in another jurisdiction. If the county attorney or prosecutor who conducts a review as required in this subsection (1) determines the petition has merit, the local government entity shall participate in training provided by the local government center as provided in subsection (2). (2) (a) The local government center shall develop a training curriculum appropriate to address the issues detailed in a petition referred by the county attorney to the local government center as provided in subsection (1)(b). (b) The board of the local government entity shall participate in all relevant training provided by the local government center. (3) The board of the local government entity shall remit all fees necessary for the training required in subsection (2) to the local government center. (4) The local government center shall report to the local government interim committee, in accordance with 5-11-210 , all petitions received that resulted in the development and delivery of training required under subsection (2). (5) As used in this section, the following definitions apply: (a) "Local government center" means the local government center provided for in 20-25-237 . (b) (i) "Local government entity" has the meaning provided in 2-7-501 , except as provided in subsection (5)(b)(ii) of this section. (ii) Local government entity does not include a county, consolidated city-county, incorporated city or town, or school district.