20-3-213. Part-time office — establishment — restrictions. (1) A board of county commissioners that intends to establish the office of county superintendent of schools as a part-time office shall:

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Terms Used In Montana Code 20-3-213

  • County superintendent: means the county government official who is the school officer of the county. See Montana Code 20-1-101
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(a)pass a resolution stating the intent of the board to consider the action;

(b)set a date for a hearing on the issue and provide proper notice of the hearing;

(c)conduct a hearing and accept testimony from any registered elector of the county who presents evidence for or against the establishment of the part-time office; and

(d)within 5 days of the hearing, issue an order regarding the establishment of the part-time office.

(2)A board may not issue an order establishing the office of county superintendent as a part-time office less than 7 days before the date on which declarations for nominations may first be filed for the office.

(3)A board may not establish the office of county superintendent as a part-time office during a term of office for which a county superintendent has been elected as a full-time officeholder.