Montana Code 20-3-201. Election and qualifications — part-time office allowed
20-3-201. Election and qualifications — part-time office allowed. (1) A county superintendent must be elected in each county of the state unless a county manager form of government has been organized in the county. The county superintendent must be elected at the general election preceding the expiration of the term of office of the incumbent.
Terms Used In Montana Code 20-3-201
- Contract: A legal written agreement that becomes binding when signed.
- County superintendent: means the county government official who is the school officer of the county. See Montana Code 20-1-101
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Superintendent of public instruction: means that state government official designated as a member of the executive branch by the Montana constitution. See Montana Code 20-1-101
(2)Upon verification by the county clerk and recorder, a person is qualified to file for and assume the office of county superintendent who:
(a)is a qualified elector;
(b)holds a valid, current class 1 professional certificate, class 2 standard certificate, or class 3 administrative and supervisory certificate issued by the superintendent of public instruction; and
(c)has at least 3 years of successful teaching experience.
(3)(a) When the office of county superintendent of schools is consolidated with another county office within the county, the officeholder must have the qualifications listed in subsection (2) or shall, with the approval of the governing body, contract for the full performance of the duties required of a county superintendent in 20-3-207 and 20-3-210 with:
(i)another county superintendent, with the approval of the governing body of that county;
(ii)a former county superintendent; or
(iii)a person who:
(A)is a qualified elector;
(B)holds a valid administrative certificate as provided in 20-4-106(1)(c);
(C)takes the oath of office in 20-1-202;
(D)is bonded in the manner provided for county officers in Title 2, chapter 9, part 7; and
(E)attends instructional training in the duties of a county superintendent as offered by the superintendent of public instruction.
(b)Whenever a governing body contracts with a person for performance of the duties required of a county superintendent under the provisions of subsection (3)(a)(iii), the contract must be for at least the duration of 1 school fiscal year.
(c)The superintendent of public instruction shall prescribe a contract form to be used.
(4)The board of county commissioners may establish the office of county superintendent as a part-time office under the provisions of 20-3-213, and adjust the salary established in 7-4-2503 to make it commensurate with the reduction in hours. A part-time county superintendent shall perform all duties of that office that are required by law.