Bylaws

ARTICLE I

NAME, PURPOSES

Section 1.1. Name

(a) This agency of Montana government shall be known as the Montana Arts Council, and shall be herein referred to as the "Council."

Section 1.2. Purposes and Duties

(a) The Council is the agency of state government established to develop the creative potential of all Montanans, advance education, spur economic vibrancy and revitalize communities through involvement in the arts.

(b) The Council shall:

Encourage throughout the state the study and presentation of the arts, and stimulate public interest and participation in the arts;
Cooperate with public and private institutions engaged within the state in artistic and cultural activities, including but not limited to, music, theater, dance, painting, sculpture, architecture, literature, visual arts, traditional arts and other arts and crafts, and make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts;
Foster public interest in the cultural heritage of our state and expand the state's cultural resources;
Encourage and assist freedom of artistic expression essential for the well-being of the arts;
As required under Section 2-15-242, MCA, nominate three individuals to serve as the state Poet Laureate and provide the list of nominees to the Governor;
As required under Section 2-15-1521, MCA, appoint eight members to the cultural and aesthetic projects advisory committee;
Establish, administer, and alter from time to time programs to advance the mission of the Council;
Participate in and fulfill its responsibilities under:

(i) the Cultural and Aesthetic Projects statutes, Section 22-2-301, MCA, et seq.

(ii) the Art for State Buildings statutes, Section 22-2-401, MCA, et seq.;

(iii) the American Indian Monuments and Tribal Flags statutes, Section 22-2-601, MCA, et seq.;

(iv) the Traditional Arts and Crafts Account statute, Section 22-2-701, MCA;

(v) the Capitol Complex Advisory Council statute, Section 2-17-803, MCA;

(vi) the Heritage and Cultural Tourism Plan, Section 90-1-164, MCA; and

9. Fulfill such other duties as prescribed by the Montana Legislature.

ARTICLE II

MEMBERSHIP and COMMITTEES

Section 2.1. Membership of the Council

(a) As prescribed by Section 22-2-102, MCA, the Council consists of 15 members appointed by the governor, by and with the consent of the Montana Senate. Insofar as possible, the governor appoints members from the various geographical areas of the state who have a keen interest in one or more of the arts and a willingness to devote time and effort in the public interest.

(b) The term of office of each member is five years (Section 22-2-103, MCA). A member shall continue to serve after the expiration of the member’s term until a successor has been appointed. (Section 2-16-213(2), MCA).

(d) The members of the council may be compensated and receive travel expenses as provided by Montana law (Section 2-15-124, MCA.)

(e) The governor of Montana designates a presiding officer (“Chair”[1]) and a vice presiding officer (Vice-Chair”) from the members of the Council to serve in those capacities at the pleasure of the governor.

ARTICLE III

COUNCIL MEETINGS

Section 3.1.

The Council shall meet at least two times a year and at such times and places as the Chair may designate. Additional meetings of the Council may be called by the Chair, the Executive Committee, or five members. The Chair, with the advice of the Executive Committee, shall determine whether a meeting shall be conducted in-person or virtually by means of electronic communication.

Section 3.2. Quorum

A majority of the Council shall constitute a quorum to conduct business.

Section 3.3. Agenda

The proposed agenda for a meeting of the Council shall be prepared by the Chair in consultation with the Executive Director. Any member of the Council may propose to the Chair an item for an agenda for a meeting. As part of its standing order of regular business, at each meeting the Council shall approve the final agenda for the meeting.

Section 3.4. Voting

All actions of the Council shall be decided by a majority vote of the members present personally or virtually at a duly called meeting.

Section 3.5. Parliamentary Authority

The Chair shall preside at all meetings of the Council except in those cases in which the Chair is absent or recused, in which case the Vice-Chair shall preside. The conduct of the meetings shall in general conform to these Bylaws and to Robert's Rules of Order.

Section 3.6. Notice

Unless otherwise specified in these Bylaws, all notices required or permitted in the Bylaws may be by written notice, e-mail, or other manner of electronic communication and/or publication on the Council’s website, as the Council may direct. The Administrative Staff of the Council shall notify each member of the Council and the public of a meeting of the Council at least 48 hours prior to the commencement of the meeting.

Section 3.7. Open Meetings

All meetings of the Council shall be conducted in conformity with Montana’s Constitution’s Article II, Section 9, Montana’s Open Meeting Law, (Section 2-3-201, MCA, et seq.), and related regulations.

ARTICLE IV

ADMINISTRATION

Section 4.1. Powers and Functions

(a) The Council shall be vested with the powers and duties necessary for the administration of the business of the Council. It shall authorize all commitments for expenditures of appropriated funds and other monies.

(b) All budgets shall be subject to the approval of the Council and shall be administered in conformance with Montana law.

(c) The Council may receive, administer and dispose of gifts and donations in the furtherance of its purposes. The Council is the official state agency authorized to receive and disburse any funds distributed by the National Endowment of the Arts. The Council may engage in fundraising.

(d) The Council is authorized to establish and organize committees, including, but not limited to, an Executive Committee, to conduct the business of the Council. The Council shall establish an appropriate chain of responsibility for any committee or entity that it creates. No committee or other entity shall have authority to speak for the Council unless specifically authorized by these Bylaws or by the Council.

(e) Between meetings of the Council, the Chair and the Executive Committee shall have authority to conduct the business of the Council as delegated to the Chair and Executive Committee by the Council or these Bylaws. The Chair and the Executive Committee shall report to the membership of the Council any actions taken pursuant to this subsection since the last meeting of the membership of the Council.

Section 4.2. Executive Committee

(a) The Executive Committee shall be composed of five Council members, two of whom must be the Chair and the Vice-Chair. The Chair shall annually nominate for confirmation by the Council three Council members to serve a one-year term. If the Council does not confirm a person nominated by the Chair to the Executive Committee, the Council shall proceed with nominations from the floor and an election for that position.

(b) The Executive Committee has the authority to take the following actions between meetings of the Council:

(1) Conduct an annual performance review of the Executive Director and make recommendations to the Council as to compensation or other matters relating to the Executive Director;

(2) Take such actions on behalf of the Council as may be appropriate in cases of emergency as may be declared by the Chair, but the Chair shall not routinely declare emergencies. Any action taken by the Executive Committee acting under this provision may be countermanded by the Council except insofar as a countermand might adversely affect legal rights acquired as a result of the action taken.

(c) The Council may delegate to the Executive Committee such additional functions in aid of the efficient administration of the affairs of the Council as the Council deems advisable. (Section 22-2-104, MCA).

Section 4.3. Standing Committees Other than the Executive Committee

(a) Each standing committee shall be composed of Council members, one of whom shall be the Chair who shall serve ex officio on each standing committee. The Chair of the Council shall not vote on committees except to break a tie.

(b) The Chair shall annually nominate for confirmation by the Council the membership of the Council’s standing committees. If the Council does not confirm a person nominated by the Chair to the standing committee, the Council shall proceed with nominations from the floor and an election for that position.

(d) The Chair shall annually deliver a charge to each standing committee consistent with the goals and policies adopted by the Council. The charge to each standing committee shall be subject to the approval of the Council. Each standing committee shall have authority delegated to it by the Council.

(e) The standing committees of the Council shall be:

                (1) The Strategic Investment Grants Committee;
                (2) The Poet Laureate Nominating Committee;
                (3) The Governor’s Arts Award Committee;
                (4) The Arts in Schools and Communities Committee;
                (5) The Folk and Traditional Arts Committee.

Section 4.4. Special Committees

(a) The Council may authorize special committees as it deems advisable. Special committees shall be of one-year duration, unless expressly extended by the Council. The Council shall prescribe the composition and functions of each special committee. The Chair shall nominate members for each special committee. With the exception of the Chair who will serve ex officio on each special committee, the Council may approve or disapprove any appointment and elect the members of a special committee. The Chair shall appoint the chair of a special committee.

Section 4.5. Administrative Staff

(a) In accordance with Section 22-2-105, MCA, the Council may employ, and at pleasure remove, administrative officers and other employees as may be needed and fix their compensation within the amounts made available for such purposes.

(b) The Council may employ and discharge an Executive Director who shall be delegated such administrative responsibilities as the Council may direct. The Executive Director shall be a full-time employee of the State of Montana. The Executive Director shall report to and be supervised by the Chair. The Executive Director shall supervise, direct, oversee, and evaluate the other employees of the Council and ensure compliance with applicable employment laws and policies. The Executive Director shall be the recording secretary of the Council and be responsible for keeping all records of the Council. The Executive Director may, from time to time, be delegated the responsibility to accomplish certain specified objectives and work of the Council. Generally, the Executive Director shall be responsible for coordination of the work of the Council and committees established by the Council. The Executive Director shall keep the Chair and Council advised of all measures relating to the operation of the Council.

ARTICLE V

AMENDMENTS

Section 5.1. These Bylaws may be amended from time to time by a majority of the members of the Council at any meeting of the Council at which a quorum is present.

As approved and as amended by a quorum of the Montana Arts Council as recorded in the minutes of the twenty-second meeting, the Charter and Bylaws as herein contained is adopted on June 28, 1970, and subsequently amended through the history of the Council.

October 23, 2004, the Charter, Bylaws and Policies are amended and ratified by a quorum of the Montana Arts Council members.

June 9, 2023, the Bylaws are amended and ratified by a quorum of the Montana Arts Council members.

[1] The use of the masculine shall be deemed to include the feminine.