Montana Code 7-6-4038. Filing of claims against local government entity — disposition by department as prerequisite
7-6-4038. Filing of claims against local government entity — disposition by department as prerequisite. (1) All claims against a local government entity for failure to adopt or submit an annual operating budget as required by Title 7, chapter 6, part 40, within 2 years of the applicable deadline must be presented in writing to the department.
Terms Used In Montana Code 7-6-4038
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Local government: has the meaning provided in 7-6-602. See Montana Code 7-6-4002
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Writing: includes printing. See Montana Code 1-1-203
(2)A complaint based on a claim subject to the provisions of subsection (1) may not be filed in district court unless the claimant has first presented the claim to the department and submitted a copy of the claim to the local government entity. Upon the department’s receipt of the claim, the statute of limitations on the claim is tolled until a written determination is issued under subsection (3).
(3)The department must review the claim and issue one of the following determinations in writing within 60 days after the claim is presented to the department:
(a)the local government entity has not violated the requirements of this part for a period of 2 years from the applicable deadlines;
(b)there is sufficient evidence of the violations of the requirements of this part for a period of 2 years from the applicable deadlines, and the department will initiate further technical assistance to help the local government entity come into compliance with this part within 6 months; or
(c)there is sufficient evidence of the violations of the requirements of this part for a period of 2 years from the applicable deadlines.
(4)If the department issues a written determination under subsection (3)(b), within 6 months the department must provide the complainant with a final determination that either:
(a)the local government entity has come into compliance with the provisions of this part; or
(b)there is sufficient evidence of the violations of the requirements of this part.
(5)A complainant must receive a written determination from the department under subsection (3)(c) or (4)(b) before proceeding to district court under 7-6-4037.
(6)The failure of the department to issue a written determination of a claim within 60 days after the claim is presented to the department must be considered a written determination under subsection (3)(c) for purposes of this section.