Question arises on term limits for county boards

An audience member at the Hill County Park Board meeting Monday asked the board if state law requires term limits for people serving on county boards.

Havreite Lowell Alcock cited Montana Code Annotated which provides the maximum length of a term of appointment by a county commission to a county board.

"In state code it shows a maximum of four years," Alcock said.

Board Chair Steve Mariani said the Park Board rules are well within those limits.

"There is a three-year time limit, appointed by the commissioners" Mariani said.

Alcock said he wanted clarification as to whether state law allows the commission to reappoint people to serve on a board, allowing them to serve more than four years.

Mariani requested the county commissioners, who are automatically members of the Park Board, request a ruling on that from the Hill County Attorney.

"We can check on it and get it back to you (next month)," he said.

Hill County Attorney Gina Dahl said this morning that the state law does not limit people to serving a maximum of four years on a board.

"The statute doesn't include term limits, it specifies the length of the terms," she said.

Alcock and others at the meeting also asked about the procedure to fill a position when the term comes to an end. If the position were advertised, others could apply for the position as well as the person whose term is coming to an end, they said.

Carol Wood said that all of the boards she has been involved in have term limits for board members, as public offices do, and that that could improve the Park Board.

"I would definitely think it would be of advantage to the board to have fresh faces in," she said.

Beaver Creek Park Superintendent Chad Edgar said that when positions come vacant, the county commission advertises the opening and takes applications from people interested in filling them.

Hill County Commissioner Jeff LaVoi said people are welcome to apply for positions on the county boards.

Montana does have term limits on some elected offices.

According to the Secretary of State's website, in 1992, Montanans passed a constitutional initiative establishing limits on how long statewide elected executive officers, state legislators, and members of Congress can hold office.

In 1995, the U.S. Supreme Court struck down the limits on congressional terms, saying that states do not have the constitutional authority to regulate the tenure of federal legislators.

No state law creates term limits for local elected officials. Alcock also asked about the commissioners passing resolutions to reappoint standing board members. He said state code requires the appointments be made through resolutions.

The code governing county boards, Montana Code Annotated 7-1-201 through 203, states that county commissions may pass resolutions creating boards, which must include the number of members on the board, the length of terms of appointment, any qualifications required, whether members are entitled to mileage, per diem, expenses and salary, what powers it may exercise and whether it may employ personnel to assist in its functions.

The law also states that the members of county boards "shall serve at the pleasure of the county commissioners."