ROSEBUD COUNTY ATTORNEY

P.O. Box 69

FORSYTH, MT 59327

(406) 356-2236

Fax (406) 356-2238

Lee R. Kerr Esq. ATTORNEY for

CITY OF FORSYTH

COUNTY ATTORNEY OFFICIAL OPINION #95-11

DATED: April 27, 1995

ISSUE PRESENTED:

May the City Council designate all of City Hall “Smoke-Free”?

BRIEF ANSWER:

As to the designation of City Hall as a non-smoking area, the City Council should be directed to 50-40-201, a copy of which is attached. Basically, the statute provides that it is not necessary or perhaps appropriate for the council to designate the entire building “Smoke-Free”, but it is more appropriate for the person in charge of each work area to arrange for “Smoking” and “Non-Smoking” areas. Smoking areas are to be designated in a convenient area. It would appear to be improper to designate the entire City Hall as non-smoking under the statute. It would appear appropriate that the City Clerk, the Mayor, and the Judge, would probably be the appropriate individuals to designate what is “Smoking” and what is “Non-Smoking” in their designated work areas as well as the council to designate the council chambers as either “Smoking” or “Non-Smoking” and then provide for an area for smoking. Although 50-40-204 is not controlling on local governments, it does provide some guidance as to the designation of areas that might appropriately be designated “Smoke-Free” and general guidelines under subsection 3 as to which areas should be designated smoking areas.

DATED this day of April, 1995.

LEE R. KERR

ROSEBUD COUNTY ATTORNEY

ATTORNEY FOR CITY OF FORSYTH