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July 16, 2019


RESOLUTION NO. 06282019-01

RESOLUTION NO. 06282019-01 BOARD OF COUNTY COMMISSIONERS DECLARING ITS INTENT TO INCREASE OFFICE HOURS OF THE JUSTICE OF THE PEACE TO FULL TIME AND THEREAFfER TO INCREASE JUSTICE OF THE PEACE HOURS TO FULL TIME WHEREAS, Montana Code Annotated §7-4-102 provides that, unless otherwise provided by law, each officer shall keep the officer's office open for the transaction of business during the office hours determined by the governing body by resolution after a public hearing and only if consented to by any affected elected county officer each day except Saturdays and legal holidays. WHEREAS, the Board of Carter County Commissioners, after input from the Justice of the Peace that additional hours are required of the staff and the Justice of the Peace to conduct business, intends to consider increasing the hours of the office of the Justice of the Peace to full time or 40 hours per week after a public hearing is held; WHEREAS, Montana Code Annotated §3-10-207 provides that the Board of County Commissioners shall set salaries for justices of the peace by resolution and in conjunction with setting salaries for other officers as provided in 7-4-2504. If the justice's court is not open for business full time, the justice's salary must be commensurate to the workload and office hours of the court. The salary of a justice of the peace may not be reduced during the justice's term of office. WHEREAS, if the office of the Justice of the Peace is open for business 40 hours a week, then the Board of Carter County Commissioners will consider increasing the elected official position to full time and adjust the salary accordingly and commensurate to the workload and office hours of the court. WHEREAS, the Board of Carter Commissioners intend to re-examine whether there continues to be a need for full time office hours and corresponding time requirements for the Justice of the Peace prior to the end of each term of office, and adjust the office hours, as appropriate, to be effective for the following term of office, within any time requirements concerning filing and election deadlines. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CARTER, MONTANA: 1. A public hearing will be held at the Carter County Courthouse by the Commission on July 15, 2019 at 1 p.m. to discuss the proposed resolution. All interested parties are encouraged to attend. 2. After receiving comment on the proposed resolution, the Commission will consider adoption of a resolution to increase the office hours of the Justice of the Peace, and thereafter, to increase the hours and salary of the Justice of the Peace. 3. Questions or comments may be sent to the Carter County Clerk & Recorder, at P.O. Box 315, Ekalaka, MT 59313 or electronically to [email protected] or by phone at 406-775-8749. 4. The Clerk is directed to provide notice of this resolution in the manner required by §7-1-2121 MCA. Adopted by the Board of County Commissioners this 28th day of June, 2019. BOARD OF COUNTY COMMISSIONERS CARTER COUNTY,MONTANA ABSTAINS: Steve Rosencranz, Chairman /S/ Rod Tauck, Member /S/ Mike Watkins, Member Attest: Pamela J. Castleberry, Clerk and Recorder Published in The Ekalaka Eagle, Ekalaka, Montana on July 5 & 12, 2019 MNAXLP

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