May a charter form of county government combine legislative and executive powers in the commission?
Gallatin County currently operates under a commission form of government as defined in Mont. Code Ann. ยง 7-3-111. Apparently, the local government study commission in Gallatin County is considering submitting to the voters a charter form of government and questions whether the proposed charter can vest executive as well as legislative functions in the legislative body. The charter form of government is specifically authorized in article XI, section 5 of the Montana Constitution, which provides in pertinent part: Self-government charters. (1) The legislature shall provide procedures permitting a local government unit or combination of units to frame, adopt, amend, revise, or abandon a self-government charter with the approval of a majority of those voting on the question. The procedures shall not require approval of a charter by a legislative body. . . . . (3) Charter provisions establishing executive, legislative, and administrative structure and organization are superior to statutory
