Montana Code 7-15-4437. Right of obligee of authority to request removal of commissioner
7-15-4437. Right of obligee of authority to request removal of commissioner. (1) An obligee of the authority may file with the mayor written charges that the authority is willfully violating any law of the state or any term, provision, or covenant in any contract to which the authority is a party. The mayor shall give each of the commissioners a copy of the charges at least 10 days prior to the hearing on the charges and shall provide an opportunity to be heard in person or by counsel. The mayor shall within 15 days after receipt of the charges remove a commissioner of the authority who is found to have acquiesced in any willful violation.
Terms Used In Montana Code 7-15-4437
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
(2)A commissioner is considered to have acquiesced in a willful violation by the authority of a law of this state or of any term, provision, or covenant contained in a contract to which the authority is a party if, before a hearing is held on the charges, the commissioner does not file a written statement with the authority of objections to or lack of participation in the violation.