What is Charter Form?

Montana law 7‐3-102, MCA specifies the “charter form” as one of the enumerated and permitted forms of local government. However, in reality those 33 municipal governments in Montana which have adopted a self-government charter have essentially wrapped a charter around the governing structures described in one of the forms of government described above. For example, both the Billings charter and the Belgrade charter provide for governing
structures that are typical of the commission‐manager form while the voters of Red Lodge and Troy wrapped a self­-government charter around the familiar structures of the council‐mayor form of municipal government. Technically, however, these and all of the other municipalities which have adopted self-­government charters now operate with the “charter form” of municipal government. (See Table 1.3 for a list of municipalities with charter governments.)
Charter Requirements: Part 7, Chapter 3, Title 7, MCA implements Article XI, Section 5 of the Montana constitution by providing procedures for constructing a local government charter.
In essence, a municipal charter is a voter approved written constitution that defines the powers, structures, privileges, rights and duties of the local government. A charter may also impose limitations on the local government such as property tax mill levy limits and may specifically authorize the local government to perform functions or services not otherwise delegated to “general powers” municipalities. In general, a locally devised self‐government charter must:

• Provide for a legislative body and, if other than the town meeting form, the method of

  election of the members;

• Designate which official will serve as the government’s chief-executive and chief

• administrative officer and the method of selection, the powers and duties and the grounds for removal from office; and

• Provide for an effective date.

Additionally, the charter may establish other legislative, administrative or organization structures and these provisions are superior to statutory provisions. On the other hand, a charter may not include provisions which conflict with limitations on self-government powers imposed by law or which establish election, initiative or referendum procedures, nor may the charter contain any provisions establishing or modifying the local court system.