What is the Definition of Officers?

In Montana, municipal officers are generally defined as “. . . a person holding a position with a municipality that is ordinarily filled by election. . .” 7‐1-4121(11), MCA. However, some sections of state law refer to both the elected as well as the “appointed officers” of municipal government. For example, 7‐1-4137, MCA requires that “Every elected and appointed municipal officer shall take the oath of office...” Also, the elected and appointed officers to be included in city and town governments are specifically designated at 7‐4-4101 through 7-4-4103 MCA and include the elected mayor, councilmembers and city judge as well as the appointed city clerk or clerk‐treasurer, the city attorney and the chief of police. A municipal employee who fills a department head position is not included as a designated municipal officer and is not required by law to take an oath of office nor does the incumbent require periodic reappointment.
The distinction between an officer of municipal government and a municipal employee can be very important. For example, the term of office of an elected officer (the mayor and members of the city or town council) simply expire as a matter of law or city charter. Municipal employees, upon completion of a period of probationary employment, are protected by the “wrongful discharge from employment” statutes, 39-2-904, MCA . The appointed off.