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Letters of Advice – 2009

Disclaimer: The Department of Justice expends considerable effort to ensure that the letters of advice appearing on our website are true copies of the originals on file in our office. However, we cannot guarantee the accuracy of a printed copy that you did not personally download from the website.

Subject Request Requestor Date Issued
Cities and Towns Questions relating to payment for the engineering fees for design of extension and improvement of city water and sewer services, and whether one of the two council members—who is a first cousin of the developer, but not an agent or employee of the developer—must abstain from voting on issues relating to the development and extension of these city services for conflict of interest. Hennessy, Greg W.
Town Attorney
Cities and Towns At what level is the Town of West Yellowstone obligated to fund the West Yellowstone Public Library? Davis, Michael Q.
City Attorney
West Yellowstone
Cities and Towns Is the City of Miles City authorized at this time to adopt [a] new ordinance(s) that would allow the City Pound staff to destroy vicious dogs pursuant to the terms of Mont. Code Ann. § 7-1-4123(2), rather than relying upon the terms of Mont. Code Ann. § 7-23-4102 (which is much more narrow in scope)? Noble, Jeffrey A.
Miles City
Health Boards and Districts
  1. What authority does the Board of County Commissioners have to place a mill levy on an election ballot to support a hospital within the county?
  2. What authority does the Board of County Commissioners have to use public funds to support a county-owned hospital and nursing home facilities that are being operated by a private non-profit organization?
  3. What county funding mechanism is available to provide public funds to a hospital facility that is located outside of a medical district that already exists within the boundary of the county?
  4. Is there a question of double taxation if a county wide mill levy is authorized by a vote of the taxpayers, where a medical district already exists in a portion of the county?
Nile, Beverly J.
Chair County Commissioners
Hospital Districts If a newly-established public hospital district has never levied mills, does it have any inherent levy authority? Connor, Maureen
Chair County Commissioners
Judges Application of Mont. Code Ann. § 2-2-104 to a Justice of the Peace receiving remuneration as City Judge for the same hours. Smith, Lewis K.
County Attorney
Legislature Are legislative appointments to an executive branch board legally permissible? Preite, Anthony J.
Department of Commerce
Offices May city employees also serve as city council members under the City of Colstrip’s charter form of government? Ryder, Gary
City Attorney


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