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City attorney outlines Bozeman charter and scope of self-government powers
Summary
Greg Sullivan, Bozeman city attorney, briefed the study commission on the city charter, Montana’s self-government framework under the 1972 constitution, statutory limits, and recent case law. He described examples of how Bozeman has used self-government powers and cautioned on areas preempted by state law.
Greg Sullivan, Bozeman’s city attorney, gave an extended briefing March 6 on the Bozeman charter and the scope and limits of self-government powers under Montana law. The presentation covered constitutional background, the statutory framework in Title 7 (chapter 3) for charters, and how courts and the attorney general have analyzed local authority.
Sullivan told the commission that the 1972 Montana Constitution established a framework allowing charter governments to exercise “any power” not prohibited by the state or the charter. He said the legislature’s implementation appears in Title 7, Chapter 3, and explained the three-part test used by the attorney general and courts: consult the charter and constitutional limits; review state…
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