Letters of Advice - 2007
In the following table, click on a specific date issued to view the full letter of advice.
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, since the text
may have been altered.
| Subject | Request | Requestor | Date Issued |
|---|---|---|---|
| Cities and Towns | May the mayor of Dillon break a tie vote of the city council for the election of City Council President? | Gilbert, W.G. III City Attorney Dillon |
09/04/07 (PDF) |
| Courts, Municipal | 1. What fee schedule applies to Municipal Courts? 2. May a city with self government power supersede Mont. Code Ann. § 25-30-102(1)(b) to provide for fees in excess of the fees paid to Justice Court? |
Luwe, Paul J. City Attorney Bozeman |
09/19/07 (PDF) |
| Justices of the Peace | May a non-lawyer serve as a Justice in a Justice Court of Record? | Schwarz, Daniel Deputy County Attorney Yellowstone |
07/23/07 (PDF) |
| Local Government | 1. Are the general rules of construction applicable to courts in the interpretation of statutes also applicable to local jurisdictions in interpreting and applying a county regulation enacted by ballot initiative?
2. In interpreting a ballot initiative passed by the electorate, are the intentions of proponents to be considered legally relevant? 3. If the answers to questions 1 and two are affirmative, may the intentions of proponents of a ballot initiative be applied to interpret the language of the ballot initiative in a manner inconsistent with the technical meaning of technical words and phrases contained in the ballot initiative? |
Chilcott, Greg County Commissioner Ravalli |
05/22/07 (PDF) |
| Right to Know | Does the constitutional Right to Know require release by the Office of Public Instruction of records relating to teachers whose certificates have been revoked for misconduct? | McCulloch, Linda Superintendent of Public Instruction |
04/12/07 (PDF) |
| School Districts | 1. If a school district has elected to offer full-time kindergarten, as authorized by SB 2, can the district adjust its budget limitation under Mont. Code Ann. § 20-9-308 to add the budget authority necessary to expend the additional ANB funding which is provided for full-time kindergarten? 2. Is a school district implementing a full-time kindergarten program entitled to receive additional quality educator payments commensurate with the additional staff required to implement the program? |
McCulloch, Linda Superintendent of Public Instruction |
06/04/07 (PDF) |
| Statutory Construction | Clarification of the meaning of the terms "laid out, constructed, and maintained" in Mont. Code Ann. § 7-14-2101(3)(a). | Glade, Wyatt County Attorney Custer |
01/10/07 (PDF) |
| Statutory Construction | 1. Can the City of Fort Benton waive the reserve officer residency requirements of Mont. Code Ann. § 7-32-302? 2. In § 7-32-216(3)(b), what are the meaning and requirements of ". . . supervised by a full-time law enforcement officer whose span of control would be considered within reasonable limits?" 3. Does a county sheriff have supervisory powers over the management and hiring of a city police department? |
Brooke, Jerry Deputy City Attorney Fort Benton |
11/27/07 (PDF) |