Option 2: Create the district through a petition process and then a resolution by the County Commissioners
If the county commissioners are not supportive or feel strongly that there needs to be clear interest in the idea of a district they may require you to go through the petition process. If the commissioners require a petition before passing a resolution you will need a petition signed by not less than 15% of the qualified electors who reside within the proposed district. This requirement can be found in MCA 22-1-702. So what does this mean for you? Here is a quick summary of the steps to creating a district when using the petition process.
- Create petition and then gather the required number of signatures. Warning: due to Montana's Code of Ethics laws it is probably best to NOT have the petition at the library. MCA 2-2-121 provides guidance on public employees and ballot or campaign issues.
- File legal petition with the county clerk
- The governing body of the county conducts an open hearing
- If the governing body views the open hearing results as supportive of a public library district, it adopts a resolution which sets the boundaries, maximum mill levy, and number of trustees for the proposed district, and calls for an election on the question of whether to create the district.
- An election is held.
- If a majority of the votes cast at the election approve formation of a district, the governing body of each county with territory included in the proposed public library district shall certify that the district is formed and appoint the initial members of the district's board of trustees.
If you have to go through the petition process you will need the following materials (based on MCA 22-1-702; again this is a summary so please refer to the actual text of the law):
- Petition
- A map and description of the boundaries of the district;
- The maximum mill levy for the proposed district;
- The number of members you wish to have on the board of trustees; and
- And whether or not you wish this to be held in conjunction with a regular, primary or mail-in ballot election
So let's tackle each of these in more detail. We will save the petition for last, because it requires information about the boundaries, mill levy, and number of board members.
ASPeN: The New Library Directory
- Home
- Introduction To Public Library Districts
- What Are Districts?
- Pros And Cons Of Library Districts
- Difference Between Library Districts And Other Types Of Libraries
- Who To Contact For Help?
- Exploring Library Districts and Gauging Support for a District Effort
- Research The Districting Option
- Decide on Whether or Not to Create A Committee To Explore District Option
- Decide on Boundaries and Name of the District
- Decide on Services the District Might Offer
- Create a Budget for the District
- Determine the Amount of Mills You Will Need Levied
- Talk to Local Government Officials
- Talk to Library Supporters
- Decide Whether or Not to Move Forward With the District Option
- Exploring Library Districts Checklist
- Forming a District Group - The Role of Local Government Officials and the New Board
- Create an Official District Planning Group/Committee
- Coordinating Local Government Efforts
- The New Board of Trustees
- Forming a District Group Checklist
- Special Considerations
- Planning for Facilities
- Funding For The First Year
- Accounting, Legal, Maintenance Costs
- Transfer Of Staff And Benefits
- Special Considerations Checklist
- Pursuing the District: Legal Options For Forming A District
- Option 1: County Commissioners Pass a Resolution Putting the Library District Issue on the Ballot
- Option 2: Create the district through a petition process and then a resolution by the County Commissioners
- Develop A Map And Description Of The Boundaries Of The New District
- Decide Upon The Maximum Mill Levy That You Want For The District
- Decide On The Number Of Board Members
- Decide On When You Want To Hold The Election
- Draft The Petition
- Circulate The Petitions And Supporting Materials
- The Hearing With The County Commissioners
- Legal Options Checklist
- Election Process
- Create an Election Committee
- Create an Election Calendar
- Create a Public Relations Plan and Design Public Relations Material
- Present Your Idea to the Community
- Get Out the Vote on Election Day
- Conducting the Election
- Results Certification, Canvassing, and the Creation Order
- Election Process Checklist
- Outcomes Of The Effort
- Success
- Election Fails
- Appendices