Mission

The Montana Arts 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.

Vision

Montana will be known far and wide as "The Land of Creativity," where the arts are essential to the creativity, imagination and entrepreneurship that make Big Sky Country the very best place on earth to live, learn, work and play.

Statutory Authorization

22-2-101. Montana Arts Council established. In recognition of the increasing importance of the arts in the lives of the citizens of Montana, of the need to provide opportunity for our young people to participate in the arts and to contribute to the great cultural heritage of our state and nation, and of the growing significance of the arts as an element which makes living and vacationing in Montana desirable to the people of other states, the Montana Arts Council is hereby created as an agency of state government.

22-2-102. Membership of Council – Appointment. The Montana Arts Council consists of 15 members appointed by the Governor, by and with the consent of the Senate. Insofar as possible, the Governor shall appoint 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.

22-2-103. Council Membership – Tenure – Compensation. The term of office of each member is 5 years. The Governor shall designate a Presiding Officer and a Vice Presiding Officer from the members of the Council to serve in those capacities at the pleasure of the Governor. The Presiding Officer is the Chief Executive Officer of the Council. Each vacancy must be filled for the balance of the unexpired term in the same manner as the original appointment. The members of the Council must be compensated and receive travel expenses as provided for in 2-15-124.

22-2-104. Executive Committee. The Council may select an Executive Committee of five members and delegate to the committee such functions in aid of the efficient administration of the affairs of the Council as the Council deems advisable.

22-2-105. Administrative Officers and Employees – Compensation. 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.

2-2-106. Council Duties. 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, and allied arts and crafts, and make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state;
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 2-15-242, nominate three individuals to serve as the state Poet Laureate and provide the list of nominees to the Governor.

22-2-107. Gifts and Donations. The Council may acquire, accept, receive, dispose of, and administer in the name of the Council any gifts, donations, properties, securities, bequests, and legacies that may be made to it. Money received by donation, gift, bequest, or legacy, unless otherwise provided by the donor, must be deposited in the State Special Revenue Fund of the State Treasury and used for the general operation of the Council. The Council is the official agency of the state to receive and disburse any funds made available by the National Endowment for the Arts.

22-2-108. Authorization for Council to Enter Certain Contracts. The Council may contract with individuals, organizations, and institutions for services or cooperative endeavors furthering the objectives of the Council's programs.

22-2-109. Financing of Council. The Council may engage in such fundraising drives and public contribution campaigns as will contribute to its continued development and support. All revenues received in such manner shall be deposited in the state special revenue fund of the state treasury and may not be used for any purposes other than the improvement, development, and operation and programs of the Council.

Charter

PROVIDING FOR THE ESTABLISHMENT OF A COUNCIL ON THE ARTS AND HUMANITIES IN THE STATE OF MONTANA AS AUTHORIZED IN HB12, 40TH LEGISLATIVE SESSION, 1967.

SECTION 1. In recognition of the increasing importance of the arts in the lives of the citizens of Montana, of the need to provide opportunity for our young people to participate in the arts and to contribute to the great cultural heritage of our state and nation, and of the growing significance of the arts as an element which makes living and vacationing in Montana desirable to the people of other states, the Montana Arts Council is hereby created as an agency of state government.

SECTION 2. The Montana Arts Council shall consist of fifteen members appointed by the Governor, by and with the consent of the Senate. Insofar as possible, the Governor shall appoint 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 without compensation.

SECTION 3. The term of office of each member shall be five years, provided, however, that, of the members first appointed, five shall be appointed for terms of one year, five for terms of three years, and five for terms of five years. The Governor shall designate a Chairman and a Vice-Chairman from the members of the Council to serve, as such, at the pleasure of the Governor. The Chairman shall be the chief executive officer of the Council. Each vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment. The members of the Council shall not receive any compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties as members of the Council.

SECTION 4. The Council may select an Executive Committee of five members and delegate to the committee such functions, in aide of the efficient administration of the affairs of the Council, as the Council deems advisable.

SECTION 5. The Chairman 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.

SECTION 6. The duties of the Council shall be:

To encourage, throughout the state, the study and presentation of the arts and to stimulate public interest and participation therein;
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, and the allied arts and crafts, and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state;
To foster public interest in the cultural heritage of our state and to expand the state’s cultural resources;
To encourage and assist the freedom of artistic expression essential for the well-being of the arts;
To report to the Governor and the Legislature prior to the end of each even-numbered year. The report shall include a statement of all important activities and transactions of the Council, with suggestions and recommendations for the better realization of the purposes of the Council and the healthy growth and development of the arts in Montana.

SECTION 7. The Council may accept, receive and administer, in the name of the Council any gifts, donations, properties, securities, bequests and legacies that may be made to it. Monies received by donation, gift, bequest or legacy, unless otherwise provided by the donor, shall be deposited in the state treasury and used for the general operation of the Council. The Council is the official agency of the state to receive and disburse any funds made available by the National Endowment for the Arts.

SECTION 8. The Council may contract with individuals, organizations and institutions for services or cooperative endeavors furthering the objectives of the Council's programs.

SECTION 9. The Council may engage in such fund raising drives and public contribution campaigns as will contribute to its continued development and support. All revenues received in such manner shall be deposited in the state treasury and may not be used for any purposes other than the improvement, development and operation, and programs of the Council.

Bylaws

ARTICLE I

COUNCIL

SECTION 1. The Chairman of the Council "...shall advise the Governor with respect to the development of the arts and humanities in the State of Montana. The Chairman shall be assisted in the discharge of this duty by the members of the Montana Arts Council as duly appointed by the Governor."

SECTION 2. The Chairman shall, with the advice and consent of the Council, employ, supervise, direct, oversee and evaluate the activities of the Executive Director of the Council who shall be an employee of the State of Montana. Through the Executive Director, other employees of the Montana Arts Council shall be directed in like manner.

SECTION 3. The Chairman shall establish an Executive Committee and select the members thereof, subject to the advice and consent of the Council, provided, however, that the persons appointed by the Chairman shall serve until disapproved by the Council and until their successors are selected and confirmed.

SECTION 4. It is understood that there may be occasions when the Chairman cannot perform his/her duties. Accordingly, the Vice-Chairman shall act as Chairman for specified purposes or for general purposes and for such a time as the Chairman may establish.

SECTION 5. The Executive Director of the Council shall serve as permanent secretary to the Council during the Executive Director’s tenure. The Executive Director shall be responsible for reporting the proceedings of the Council and shall, unless the Chairman otherwise directs, carry on all the official correspondence for the Council.

SECTION 6. The Council shall meet at least two times per year at such time and place as the Council may direct. It shall be the duty of the Executive Director, as secretary, to arrange and give notice of said meetings and to prepare and distribute in advance an agenda for said meetings as the Chairman may direct.

SECTION 7. The Chairman and Vice-Chairman shall serve on the Executive Committee, as well as three additional Council members selected by the Chairman, with the approval of the Council.

SECTION 8. All meetings of the Council shall be at the call of the Chairman. Eight members of the Council shall constitute a quorum. The Chairman shall vote only in case of a tie on any question voted on by the Council. The Chairman shall conduct the proceedings of all Council meetings in accordance with Robert's Rules of Order.

ARTICLE II

ADVISORY PANEL MEMBERS

It is understood that local efforts in the encouragement, the stimulation, and the enrichment of the arts and humanities are essential to the development of them. Such interests and geographic areas within the State of Montana will be useful in the implementation of the tasks with which the Council is charged and should have special relationship to the Council through a designated panel Chairman.

SECTION 1. Accordingly, in addition to the statutory members of the Council, advisory members or committees may be appointed to the Council. Advisory members shall be given notice of time, place and purpose of each of the meetings of their respective panels. Advisory members shall have the full right to propose items for the council’s statutory agenda through their respective committee or panel Chairman, and to attend and participate in discussion and deliberation of the council meetings, but shall not be accorded a vote other than in an advisory capacity. The Chairman or a majority of the members of the Council shall determine when advisory opinions will be requested from advisory members.

SECTION 2. There shall be no limitation on the number of advisory members; and they shall be appointed, except as previously stated or as below provided, from time to time upon the majority vote of the members of the Council.

SECTION 3. Advisory members appointed by the Council shall serve for two years. They may be reappointed at the will of the Council. Advisory members shall submit, using forms provided by the council, a confidential statement listing all groups or organizations that are potential Montana Arts Council grant recipients and may constitute a conflict of interest. Involvement may include, but shall not be limited to, participation as a member, trustee, director, consultant, advisor or teacher. Advisors are prohibited from receiving a salary or personal reimbursement, other than for travel and per diem, from Montana Arts Council grant money.

ARTICLE III

ORGANIZATION FOR ACTIVITIES OF THE COUNCIL

SECTION 1. The work of the Council may be delegated by the Chairman to committees, commissions and the Executive Director. Each committee and commission shall contain at least one member of the Council.

SECTION 2. Committees shall be considered temporary unless otherwise specified at the time of the creation.

SECTION 3. The Executive Director may, from time to time, be delegated the responsibility, by the Chairman or Council, 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 the commissions established by the Council. The Executive Director shall communicate to members of the Council the work progress and problems of their administrative office, the committees of the Council and the commissions of the Council. The Executive Director shall be responsible to suggest, from time to time, ideas, which the Council might implement by itself through The Executive Director’s office, through committees and through commissions. The Executive Director shall constantly keep the Chairman advised of problems, ideas and developments, which may be implemented through the Executive Director’s office, through the Council, through committees of the Council or commissions of the Council.

SECTION 4. Members of the Council charged with specific areas of responsibilities shall, from time to time, suggest, for consideration by the Chairman, activities, which can be implemented by the Executive Director through the Council, through committees and through commissions.

ARTICLE IV

SECTION 1. Official communications of the Council shall be the responsibility of the Executive Director acting as permanent secretary of the Council unless otherwise specifically directed by the Chairman of the Council.

SECTION 2. The Executive Director shall make periodic reports to the Council (both members and advisory members) concerning the work of the Council, the Executive Director’s office, the committees and the commissions no later than two weeks prior to a duly called and scheduled meeting of the Council. Said report shall contain sufficient information so as to avoid delay in transmission of information at a Council meeting.

ARTICLE V

DISBURSEMENTS AND GRANTS

SECTION 1. The Executive Director, unless otherwise directed by the Chairman, shall expend the appropriated funds of the Council, in the manner provided in the budget, as approved by the Council. The Executive Director shall require no further authority in expenditure of funds than the approved budget. Supplemental appropriations to the budget shall be expended in that manner approved therein and as amended and directed by the Chairman.

SECTION 2. In its function, of recommending and making grants to others for specified purposes, it shall be the responsibility of the Council to approve projects and appropriations thereto. The Council may, at the discretion of the Chairman of the Council, request recommendations from others, including advisory panels, committees, commissions and the Executive Director. In this connection, all advisory panels and advisory assistance shall be organized according to the above stated policies concerning the organization of committees and commissions.

ARTICLE VI

AMENDING THE BYLAWS

SECTION 1. These Bylaws may be amended (including revocation) from time to time, by a majority of the members of the Council at any meeting of the Council, provided a quorum is established.

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 quorom of the Montana Arts Council members.
PRESENT: Bill Frazier, Chairman, John Dudis, Vice-Chairman, Marilyn Olsen, Betti Hill, Stan Lynde, Linda E. Reed, Jennifer Earle Seifert, Jackie Parsons, Mary O. Crippen, Dee Heltne
ABSENT: Kari Lee Knierim, Ann Cogswell, Rick Halmes, Neal Lewing

Founding Legislation

82A-501.1. Allocation to the State Board of Education. The State Historical Society, the Montana Arts Council, and the State Library Commission are allocated to the State Board of Education for the purposes of planning and co-ordination. Budget requests to the state for these agencies shall be included with the budget requests of the State Board of Education; however, the governance, management, and control of the respective agencies shall be vested respectively in the board of trustees of the State Historical Society, in the Montana Arts Council, and the State Library Commission.
82A-501.2. Intent of Act. It is the intent of this act to comply with the spirit of executive reorganization and yet to acknowledge that departmentalization as set forth in the Executive Reorganization Act of 1971 is incompatible with the constitutional and statutory structure for governance of Montana's educational and cultural entities.
82A-508. Montana Arts Council. (1) The Montana Arts Council, created in Title 82, Chapter 36, R.C.M. 1967, and its functions are continued. (2) The composition, method of appointment, terms of office, compensation, reimbursement, and qualifications of Council members remain as prescribed by law.
82-3601. Montana Arts Council Created - Purposes. In recognition of the increasing importance of the arts in the lives of the citizens of Montana, of the need to provide opportunity for our young people to participate in the arts and to contribute to the great cultural heritage of our state and nation, and of the growing significance of the arts as an element, which makes living and vacationing in Montana desirable to the people of other states, the Montana Arts Council is hereby created as an agency of state government.
82-3602. Appointment of Council Members - Qualifications. The Montana Arts Council shall consist of fifteen members appointed by the Governor, by and with the consent of the Senate. Insofar as possible, the Governor shall appoint 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 without compensation.
82-3603. Terms of Council Members - Chairman and Vice-Chairman - Vacancies - Expenses of Members. The term of office of each member shall be five years; provided, however, that of the members first appointed, five shall be appointed for terms of one year, five for terms of three years, and five for terms of five years. The Governor shall designate a Chairman and a Vice-Chairman from the members of the Council to serve as such at the pleasure of the Governor. The Chairman shall be the Chief Executive Officer of the Council. Each vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment. The members of the Council shall not receive any compensation for their services, but shall be reimbursed for travel expenses, provided for in Section 59-538, 59-539, and 59-801, incurred in the performance of their duties as members of the Council.
82-3604. Executive Committee - Functions. The Council may select an Executive Committee of five members and delegate to the committee such functions in aid of the efficient administration of the affairs of the Council as the Council deems advisable.
82-3605. Employment of Officers and Employees - Compensation. 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.
82-3603. Duties of the Council. The duties of the Council shall be: (1) to encourage throughout the state the study and presentation of the arts and to stimulate public interest and participation therein; (2) to cooperate with public and private institutions engaged within the state in artistic and cultural activities, including, but not limited to, music, theatre, dance, painting, sculpture, architecture and other allied arts and crafts, and to make recommendations concerning appropriate methods to encourage participation in and appreciation to meet the legitimate needs and aspirations of persons in all parts of the state; (3) to foster public interest in the cultural heritage of our state and to expand the state's cultural resources; (4) to encourage and assist freedom of artistic expression essential for the well being of the arts; (5) to report as provided in Section 2 of this act.
82-3607. Gifts and Donations Received - Deposit and Use. The Council may acquire, accept, receive, dispose and administer in the name of the Council any gifts, donations, properties, securities, bequests and legacies that may be made to it. Moneys received by donation, gift, bequest or legacy, unless otherwise provided by the donor shall be deposited in the earmarked revenue fund of the state treasury and used for the general operation of the Council. The Council is the official agency of the state to receive and disburse any funds made available by the National Endowment for the Arts.
82-3608. Contracts for Services and Cooperative Endeavors. The Council may contract with individuals, organizations and institutions for services or cooperative endeavors furthering the objectives of the Council's programs.
82-3609. Fund Raising Drives - Deposit and Use of Proceeds. The drives and public contribution campaigns as will contribute to its continued development and support. All revenues received in such manner shall be deposited in the earmarked revenue fund of the state treasury and may not be used for any purposes other than the improvement, development and operation, and programs of the Council.