The Funny Thing About The Law
Author: J. B. Howick, Townsend City Councilman
The Funny Thing About the Law
The world is full of funny laws. Take federal code 18 USC 336 for example. It's a federal crime to write a check for less than $1.00. (I'm serious; it really is.) Why? The law was made in the days when the metal value of coins was greater than their dollar value. Before the law, people would horde the coins and write checks. Today, retailers would be happy to receive a $0.79 check if it meant avoiding credit card charges.
And then there's Montana's MCA 7-4-4112 governing filling a vacancy in a city council. Subsection 1 states, "Pending an election and qualification, the council shall, by a majority vote of the members, appoint a person within 30 days of the vacancy to hold the office until a successor is elected and qualified." It doesn't say we should wait for people to submit a letter of interest. Oh, no! It says we have thirty days to pick someone and show them the empty chair.
Gratefully, we're more reasonable than that (and no one from the state has said anything). The second Ward 1 council seat became vacant on January 1, 2025. It's been vacant for over three months — a good sixty days beyond the thirty days Montana state law gave the city to fill the seat. We really need that seat to be filled and we really don't want to just pick someone. Your city needs your voice, wisdom, experience, and passion.
The position receives $120.00 per month to cover expenses and usually needs about ten hours of your time each month (sometimes more, sometimes less). There are two council meetings a month, occasional special meetings, and some committee meetings to help keep things moving. The appointment is through the remainder of 2025 unless you choose to run for election. We need someone from Ward 1, which is the east side of Cedar St. to the eastern edge of the city and the north side of Broadway to the north edge of the city. (An astute observer will point out that the County complex is actually in Ward 2, but my rebuttal is there are no permanent residents in the County complex. At least I hope there aren't. Of course, the map was drawn before the County complex existed, which makes you wonder who had a bee in their bonnet about it... But I digress...)
Please consider giving your city a bit of your time and submit your letter of interest for the vacant Ward 1 council seat today. We need your name, your street address, and a few words about yourself. Thank you!
(BTW, if you think what you just read was funny... if all six of us were to throw our arms in the air and walk out the County Commissioners would have five days to appoint just one council member who would then be responsible for appointing the other five. No letters of interest. No procedure. Just, "Bubba, here's your seat. Y'all meet next Tuesday." That's MCA 7-4-4112(2).)
JB Howick, City Councilman
City Council from Ward 1
