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In fairness · Bozeman city charter · 2026

What the 2026 Bozeman charter gets right

We are asking Bozeman to reject this charter. That obligation runs both ways: if the draft is good, we have to say where. It is good in a lot of places. This page is the full inventory, taken from the charter text itself: the improvements, the neutral changes, and the one section we oppose.

Why an opposition campaign publishes this page

A package deal is only unfair if the package is worth something

The 2024–2026 Local Government Study Commission did real work over two years and adopted its final report and amended charter 5–0 on August 6, 2026. Several of its changes fix things the 2006 charter got wrong. Pretending otherwise would be dishonest, and it would misdescribe the actual problem.

The problem is not that the draft is bad. The problem is that it is one ballot question. A voter who wants the four-year at-large mayor, the independent Municipal Court article and the compensation board has no way to take them without also taking Article VIII. That is the objection, and it only makes sense if the rest of the draft is worth wanting.

The improvements

Seven changes we would vote for on their own

These are in the base charter. They take effect if the amended charter is adopted, regardless of how anyone votes on the sub-options.

  1. 01

    A real mayor, elected to a real four-year term

    Proposed charter

    §2.03(b)

    “Mayor Elected At Large. At a regular city election, the voters of the city shall elect a mayor at large for a term of four years.”

    What it fixes: Under the 2006 charter the person elected mayor “shall serve as deputy mayor and a commissioner for the first two years of his or her term, and mayor for the balance” (2006 charter §2.03(b)). Bozeman has been electing a mayor who does not become mayor for two years. The draft ends that apprenticeship. This is in the base charter, not a sub-option. Under §11.04(a) it first applies to the 2029 city election, with that mayor seated in January 2030.

  2. 02

    A vice mayor who is chosen, not queued

    Proposed charter

    §2.03(c)

    “In January following each regular city election, the commission shall appoint a vice mayor from among its members who shall serve and function as mayor during the absence of the mayor. The vice mayor shall serve a term of two years…”

    What it fixes: The deputy mayor position is eliminated and replaced with a vice mayor the commission appoints from its own members every two years. Succession is also cleaned up: under §2.06(a), if the mayor dies, resigns, is removed or is permanently incapacitated, “the vice mayor shall succeed as mayor until the next municipal election” rather than for the whole remainder of the term, as the 2006 charter allowed. Voters get the seat back sooner. Per §11.04(b), vice mayor selection begins at the first commission meeting in January 2028.

  3. 03

    The Municipal Court gets its own article

    Proposed charter

    Article IV, §4.01: Judicial Branch

    “Pursuant to the Constitution and the laws of Montana, the municipal court exercises judicial authority on behalf of the city. The court, in exercising its judicial authority, shall act separately and independently from the legislative and executive branches.”

    What it fixes: The 2006 charter mentions the court in one sentence, filed under Article IV, Departments, Offices and Agencies: “There shall be a municipal court as prescribed by state law” (§4.05). The draft moves it out of the list of departments into a judicial article of its own and states the separation expressly. The study commission approved it unanimously on April 30, 2026, at the request of Municipal Court Judge Colleen Harrington. A city that writes its own constitution should say out loud that its judges are not a department. We would vote for this by itself.

    And note the symmetry, because it cuts both ways. The 2006 charter filed the Municipal Court (§4.05) and the Inter-Neighborhood Council (§4.06) in the same article, one after the other. The draft lifts both out and gives each its own. That is a genuine elevation for both, but an elevation within the charter, not an entry into it. We count the court’s as an improvement and we say so. Our objection to the INC’s is not that it was promoted; it is the four new duties that came with the promotion.

  4. 04

    Commissioners stop setting their own pay unadvised

    Proposed charter

    §2.04: Compensation; Expenses

    “The city commission shall appoint a city compensation board to recommend to the city commission the annual salaries of the mayor and commissioners. The compensation board shall include: two commissioners; the city’s financial director; and four Bozeman residents who are registered voters and have their primary residence in the city. The two commissioners and financial director shall serve as non-voting, ex-officio members. Meetings of the compensation board shall be open to the public and publicly noticed.”

    Be precise about this one: the compensation board recommends. It does not set. The commission still “shall adopt salaries for the mayor and commissioners by ordinance prior to the filing period for the next municipal election” (§2.04). What changes is that the recommendation now comes from four voting residents in a publicly noticed meeting, with the two commissioners and the finance director present but unable to vote. Two provisions that drew public criticism were deleted before adoption: a formula tied to area median income, and a clause setting commissioners’ work hours. The commission listened.

  5. 05

    Appointed commissioners have to face the public first

    Proposed charter

    §2.06(c)

    “A vacancy in the city commission shall be filled within 60 days of the occurrence of the vacancy by vote of the existing city commissioners. Commissioners must hold a public forum with applicants for the vacant commission position. This appointment will be in place until the next municipal election.”

    What it fixes: The 2006 charter says only that a vacancy “shall be filled for the remainder of the unexpired term, pursuant to state law” (2006 charter §2.06(c)). No forum, no window in the charter itself. The study commission described the change as extending the fill window from 30 days to 60 and adding a required public engagement step. Both halves matter: more time, and an open hearing before an unelected commissioner is seated. The draft also caps the appointment at the next municipal election rather than the full unexpired term.

  6. 06

    An auditor who cannot quietly become a vendor

    Proposed charter

    §6.09: Independent Audit

    “No accountant or firm may provide any other services to the city during the time it is retained to provide independent audits to the city; however, the city commission may waive this requirement by a unanimous vote at a public meeting.”

    Be precise about the delta. The bar on the auditor selling other services is not new: it is already in the 2006 charter at §5.09, in almost the same words. What changed is one word in the escape hatch: the 2006 charter let the commission waive it “by a majority vote at a public meeting,” and the draft raises that to unanimous. A waiver now takes every commissioner, in public. Small, real, and in the right direction.

  7. 07

    Board seats get advertised on a vacancy, and candidates have to actually live here

    Proposed charter

    §8.05(c)(1) and §2.02(a)

    §8.05(c)(1): board members are appointed “following public solicitation advertised at least twice annually or when a vacancy arises.”

    §2.02(a): “Only registered voters… whose principal residence is in the City of Bozeman, shall be eligible to hold the office of commission member or mayor.”

    Two modest ones, stated honestly. The twice-yearly advertising requirement is not new: the 2006 charter already required “public solicitation through the newspaper advertised not less than twice annually” (§4.07). The draft adds the words “or when a vacancy arises,” so a seat that opens in March no longer waits for the next scheduled round, and it drops “through the newspaper,” which had quietly tied the city to a shrinking medium. On eligibility, “principal residence” is likewise a restoration of the 2006 charter’s own language (§2.02(a)) after a draft version loosened it; former study commissioner Brian Close raised the false-residency risk and the commission put it back. Restoring good language is still getting it right.

Also worth namingThe preamble now affirms “human rights” among the city’s core values, added on a 4–1 vote on May 27, 2026. It is symbolic. Preambles are supposed to be. We have no objection to it.

The complete list

Every substantive change the draft makes

Not only the flattering ones. If a change is neutral we say so, and the section we oppose is in the same table as everything else.

Substantive changes in the proposed 2026 Bozeman city charter
SectionWhat the 2026 draft doesOur read
PreambleAdds “human rights” to the city’s affirmed core values (4–1, May 27, 2026).Improvement
§1.01States the city “exercises three branches of government: legislative, executive and judicial powers.”Improvement
§2.02(a)Restores the “principal residence” eligibility standard for mayor and commissioners.Improvement
§2.02(d)Holds the ward residency requirement: text present only if Sub-Option 2 passes.No position
§2.03(b)Mayor elected at large for a four-year term, serving as mayor the whole term. Base charter, not a sub-option.Improvement
§2.03(c)Eliminates the deputy mayor; the commission appoints a vice mayor from its members every two years.Improvement
§2.04Creates a compensation board that recommends mayor and commissioner salaries; commissioners and the finance director sit non-voting. The AMI-based pay formula and the work-hours clause were deleted before adoption.Improvement
§2.06(a)On a mayoral vacancy the vice mayor succeeds only until the next municipal election.Improvement
§2.06(c)Commission vacancies filled within 60 days; a public forum with applicants is required; the appointment runs only to the next municipal election.Improvement
Article IVMoves the Municipal Court out of Article IV Departments, Offices and Agencies, where 2006 §4.05 gave it one sentence, and into a standalone judicial article declaring it independent of the legislative and executive branches (unanimous, April 30, 2026).Improvement
§6.09Carries over the 2006 bar on the city’s independent auditor selling other services (2006 §5.09) and raises the waiver threshold from a majority vote to a unanimous one.Improvement, but a narrow one
§7.02(a)Keeps city elections nonpartisan and in odd-numbered years.Unchanged in substance
§7.03Holds the commission election method: at-large, or by ward, depending on Sub-Options 2 and 3.No position
§7.04If wards pass: a five-member ward advisory board, barred from city employment or other city office, drawing boundaries in open meetings with at least two public hearings, a 10% maximum population deviation, and no boundary changes within six months of a primary. A proposed cap on members of the same political party was struck as inconsistent with nonpartisan elections.Sound machinery, if voters want wards
§8.01–§8.03New public-engagement article. §8.03(1) requires that “all city meetings and hearings shall be conducted in a transparent manner, publicly announced in advance, and open to the public.” The commission placed that sentence in §8.03 rather than §8.02 (4 yes, 1 abstain, August 6, 2026), and softened prescriptive “shall” language elsewhere in the article on the city attorney’s advice that unachievable mandates create legal exposure.Neutral to positive
§8.04(b)Neighborhood association recognition. Most of the criteria carry over from 2006 §4.06(b): clear boundaries, bylaws ensuring democratic voting procedures, periodic and annual meetings, communication with residents. Genuinely new in 2026: boundaries must be “developed in partnership with the neighborhood and the Inter-Neighborhood Council”; membership is opened beyond residents to “property owners, business owners, and nonpartisan organizations”; a majority of each association’s leadership must be neighborhood residents and only residents may serve as its INC representative; communication must be “two-way”. A proposed cap of 20 associations was dropped from the draft after public objection.Reasonable; the residency rule is a tightening
§8.04(c)–(d)The Inter-Neighborhood Council is not new: it has been in the charter since 2006 (§4.06(d)), along with its staff liaison, forum role, recommendations to the commission, bylaws and vacancy rules. What 2026 adds is four duties: mandatory consultation “during the formative stages” of citywide efforts (d)(7); a mandatory written response from the commission and city manager with “the reasons for divergence” (d)(8); an ethics exemption (d)(2); and the upgrade of the liaison from “a staff member” to a “full-time, fully dedicated” one (c). Also new, and not in our complaint: a mandate to expand the program city-wide (d)(9), and a commissioner liaison the city goes from “may appoint” to “shall appoint” (d)(5). That last one seats the city at the INC’s table, so if anything it cuts toward oversight. Structurally the article is an elevation within the charter, not an entry into it: in 2006 the INC sat inside Article IV, Departments, Offices and Agencies. On July 23, 2026 the commission deleted a clause that would have guaranteed the INC a presentation slot.This is our objection: the four duties, not the body. Read Article VIII →
§8.05Consolidates city boards into one section: “Unless otherwise required by law, city boards are advisory only.” The twice-yearly advertising requirement carries over from 2006 §4.07; what is added is “or when a vacancy arises,” and the words “through the newspaper” are dropped. Terms staggered and members unpaid, both as before. The requirement that boards be established by resolution was removed.Improvement, mostly consolidation
§9.01Retains conflict-of-interest rules and the Board of Ethics; candidates for political office were removed from the ethics training requirement (July 23, 2026).Neutral
Article XLists four routes to amend the charter, including “by ordinance of the commission.”Improvement, and see below
§11.04Schedule: the at-large four-year mayor first applies to the 2029 election; vice mayor selection begins January 2028; any expansion or wards take effect at the 2029 election.Neutral

If adoptedThe study commission certified that, if approved on November 3, 2026, the amended charter and any approved sub-options “shall become effective on July 1, 2027, and implementation will follow as written in Article XI.” The commission-manager form of government is retained either way.

The sub-options

Three more questions, and we take no position on any of them

Below the charter question your ballot carries three separate sub-options. They are real choices about how Bozeman elects its commission, and they are not what this campaign is about. We are not asking anyone to vote a particular way on them.

Official ballot

Proposed Sub-options in the Amended Charter

“In addition to voting on the amended charter, voters will decide on three separate sub-options. These will only apply if the amended charter passes by an affirmative vote.

Read that twice. If the amended charter is not adopted, the sub-options have no effect no matter how they are voted on. And if it is adopted, whichever selection gets more votes goes into the charter and the other is deleted.

The three sub-options on the November 3, 2026 Bozeman ballot
Sub-optionThe questionThe two choices
1 Size of the commission. Independent of the ward questions. Existing System: four commissioners and the mayor, a five-member body.
Expanded System: six commissioners and the mayor, a seven-member body.
2 Residency requirements of commissioners. Existing System: commissioners elected at-large and may live anywhere in the city.
Wards: commissioners must reside within the ward they represent.
3 Method of electing commissioners if the ward system is approved. No effect if Sub-option 2 keeps the at-large system. Elected by all voters: every city voter votes for every ward’s commissioner.
Elected by voters residing within the ward: only voters registered in that ward vote for its commissioner.

The mayor stays elected at large under every combination. If voters approve a larger commission and/or wards, both take effect at the 2029 municipal election: the redistricting timeline makes 2027 impractical.

Our position on the sub-optionsNone. Whether Bozeman should have five commissioners or seven, wards or at-large seats, ward-only voting or citywide voting, are legitimate questions on which reasonable Bozeman residents disagree. This campaign is about one section of the base charter. We are not going to use it to smuggle in a preference on anything else.

The pivot

Every good change on this page remains proposable on its own

This is the whole argument, and it is not rhetorical. Rejecting the package does not repeal these reforms or send them back to the drawing board. They stay available, by three separate routes, none of which requires another two-year study commission.

Montana Code Annotated

MCA 7-3-103(2)

“An amendment to a self-government charter or an adopted alternative form of government may be proposed by: (a) petition as provided in 7-3-125; (b) the local government by ordinance; or (c) a study commission recommendation pursuant to 7-3-192.”

What it means: the Bozeman City Commission can propose a single charter amendment by passing an ordinance: one reform, one question, on its own merits. Voters can also propose an amendment by petition. And a study commission question returns on a roughly ten-year cycle. Bozeman’s current charter says the same thing independently of state law: §8.01(2) of the 2006 charter already authorises an amendment proposed “by ordinance of the commission.”

Proposed charter

§10.01: Proposal for Amendment

“Amendments to this charter may be framed and proposed: 1) In the manner provided by state law, or 2) By ordinance of the commission containing the full text of the proposed amendment, or 3) By report of a study commission created pursuant to state law, or 4) By the voters of the city…”

Note the source: this is the 2026 draft’s own text, Article X, quoted from the charter as filed with Gallatin County. The people who wrote this charter agree that a commission can propose an amendment by ordinance. Both charters, old and proposed, say it.

But read this one too

MCA 7-3-155: Three-year moratorium

“Unless the constitution requires otherwise, an election on the question of changing the form of local government, charter, or consolidation plan may not be conducted again for 3 years.”

We are not going to hide this. Montana law limits how often a charter question may be put to voters, and whether that bar reaches a later, different charter-amendment question is unresolved. If it applies, the earliest a follow-up question could reach voters is November 2029. We set out exactly what is and is not known about the timing below.

The asymmetry

Rejecting this package does not kill the four-year at-large mayor, the Municipal Court article, the compensation board, the 60-day vacancy window with a public forum, or the auditor rule. It leaves them free to be considered one at a time, by any of three routes, without Article VIII attached.

A yes vote does not work the same way in reverse. Once Article VIII is in the charter, no commission can remove it by ordinance, by budget, or by policy. Only another citywide vote can, and that vote may itself be barred for three years.

That cuts our way, not theirs. If Bozeman cannot re-run a charter election for three years, then a charter adopted with a flaw in it cannot be fixed for three years either. A limit on how often the city can revisit its own constitution is a reason to be careful about what goes into it on November 3, not a reason to adopt something you have doubts about and sort it out later.

Timing

What we can and can’t promise about timing

A campaign that tells you what it does not know is worth more than one that sounds certain about everything. So: we can tell you the reforms remain proposable. We cannot tell you when, and anyone who gives you a year is guessing.

What is settled

The Commission may propose a charter amendment by ordinance. MCA 7-3-103(2)(b) says so, and MCA 7-3-149(1)(b) requires the governing body to call an election “upon… adoption of a local government ordinance pursuant to 7-3-103(2)(b).” The proposed charter’s own §10.01(2) lists the same route, in the same words the 2006 charter uses at §8.01(2). No study commission and no petition drive is required.

Voters may also propose an amendment by petition (MCA 7-3-103(2)(a); draft §10.01(4)), and a study commission question returns on a roughly ten-year cycle, about a decade after Bozeman’s June 4, 2024 vote, with the governing body allowed up to a further year to call it.

Rejection changes nothing else. MCA 7-3-149(4)(d): “If the electors disapprove the proposed new form of local government, amendments, or consolidation plan, the local government retains its existing form.” Nothing lapses and nothing is triggered. The 2006 charter simply stays in force.

What is not settled

Whether MCA 7-3-155’s three-year moratorium applies to a later amendment question. The statute bars conducting “an election on the question of changing the form of local government, charter, or consolidation plan… again for 3 years.” It does not say whether a single amendment counts.

There is no Montana Attorney General opinion and no case law construing it, and the text cuts both ways. The neighbouring MCA 7-3-104 imposes its own three-year bar on changing the form of government but expressly adds that “the voters may vote on amendments to the alternative form” and so carves amendments out explicitly. MCA 7-3-155 contains no parallel carve-out. A court could read that silence either as deliberate or as immaterial. We do not know which, and we are not going to pretend we do.

Proposed charter

§10.02: Election of Amendment

“…the election authorities shall submit the proposed amendment to the voters of the city at an election, pursuant to state law.”

Why this matters here: the charter routes every amendment through state law rather than around it. So the draft does not override the moratorium, and adopting the draft would not buy Bozeman a faster way to fix it later.

If the moratorium appliesThe earliest a follow-up charter question could reach voters would be November 2029, not 2027. We are telling you that because it is the less convenient reading and you are entitled to it. If the city attorney, the Secretary of State’s elections division or a court settles the question, we will publish the answer here whichever way it goes.

And then the turn, which is the honest reason this uncertainty belongs on the page rather than in a footnote: a limit on revisiting the charter is an argument for caution, not for haste. If a flawed charter is just as hard to repair as a good reform is to revive, the safe move is not to adopt a document you have doubts about. The one decision that is fully reversible on November 3 is the decision not to adopt.

Questions

Straight answers

What does the 2026 Bozeman charter actually change?

The base charter elects the mayor at large for a full four-year term, eliminates the deputy mayor in favour of a commission-appointed vice mayor, moves the Municipal Court into its own judicial article, creates a compensation board that recommends commissioner salaries, sets a 60-day commission-vacancy window with a required public forum, restores the “principal residence” eligibility standard, raises the auditor-waiver threshold from a majority to a unanimous vote, adds “or when a vacancy arises” to board advertising, adds “human rights” to the preamble, and adds four new duties around the Inter-Neighborhood Council in Article VIII.

Does the 2026 charter create the Inter-Neighborhood Council?

No. The Inter-Neighborhood Council has been in Bozeman’s charter since 2006. The 2006 charter §4.06(d) states: “There is hereby established an InterNeighborhood Council to be composed of representatives selected by each recognized neighborhood association.” A designated city staff liaison (§4.06(e)), the INC’s forum role, its recommendations to the commission, its bylaws and its vacancy rules are all already there. What Article VIII of the 2026 draft adds are duties the INC never had: mandatory consultation during the formative stages of citywide efforts, a mandatory written response from the commission and city manager, an exemption from the code of ethics, a mandate to expand the program city-wide, and the upgrade of the liaison from “a staff member” to a “full-time, fully dedicated” one.

Is the four-year at-large mayor one of the sub-options?

No. §2.03(b) is in the base charter. If the amended charter is adopted, the mayor is elected at large for four years regardless of how the ward sub-options come out. Under §11.04(a) it first applies to the 2029 city election.

Does this campaign oppose wards, or a bigger city commission?

No. We take no position on any of the three sub-options. They are separate questions on the same ballot, and they only take effect if the amended charter itself is adopted.

If the charter is rejected, are the good changes gone?

No. Under Montana Code 7-3-103(2)(b) the City Commission may propose a charter amendment by ordinance, voters may propose one by petition, and a study commission question returns on a roughly ten-year cycle. The draft’s own §10.01 lists the same routes. Any single reform can be put to voters on its own, without Article VIII attached.

How soon could a rejected reform come back to the ballot?

We do not know, and we will not guess. Montana Code 7-3-155 provides that an election on the question of changing the form of local government, charter, or consolidation plan “may not be conducted again for 3 years,” and whether that bar reaches a later, different amendment question is unresolved: there is no Montana Attorney General opinion and no case law construing it. If it applies, the earliest a follow-up question could reach voters is November 2029. That uncertainty is itself a reason for caution: a charter adopted with a flaw in it may be just as hard to fix as a good reform is to revive.

When would the amended charter take effect if it passes?

The study commission certified an effective date of July 1, 2027, with implementation following Article XI. Ward boundaries and any expansion of the commission would apply at the 2029 municipal election.