When and How to Change Classification?

Unless a city or town undertakes its own direct enumeration of inhabitants, the basis for classifying Montana municipalities is the most recent federal decennial census. Whenever the federal census indicates that the population of a municipality has increased or decreased sufficiently to alter its classification, the city or town council must, by resolution, change the classification to conform to the classes established by 7‐1-4111, MCA, as noted above. A certified copy of the resolution must be filed with the county clerk and recorder and with the Secretary of State. However, there are exceptions set forth at 7‐1­4112, MCA.

Exception # 1: A city with a population of more than 5,000 but less than 7,500 may, by resolution of the city council, be a second-class city or a third-class city.
Exception #2: A city or town with a population of more than 1,000 but less than 2,500 may, by resolution of the city or town council, be a town or a third-class city.

The significance of these exceptions are:
• The elected and appointed municipal officers are somewhat different for each classification (See 7‐4-4101 through 4103, MCA);
• The requirements for a municipal fire department are different for towns and third‐class cities than for other classifications (See 7‐33‐4101, MCA);
• In a town or third‐class city, the council may designate a justice of the peace or the city judge of 1.Municipal Government Defined 9 another city or town to act as city judge (See 3‐11‐205, MCA);
• If a city of the third class adopts a commission‐manager form of government, it may continue to appoint its judge under an ordinance passed pursuant to 7‐4-4102, MCA and 45 A.G. Op. 15 (1993). 1.204Principal Statutes Related to Municipal Classification:
• 7-1‐4111 through4118, MCA
• See also 7-4‐4101 through 4103, MCA
• Article V, Section 12, Constitution of the State of Montana