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A. Age:
1. The members of the police department, at the time of their appointment as provided herein, shall not be less than eighteen (18) years of age and shall meet the minimum qualifying standards for employment promulgated by the state board of crime control; provided, however, that the city council shall have the power, by ordinances duly passed and approved, to retire any police officer on half pay, who shall have arrived at the age of sixty five (65) years, or who shall have served continuously as a police officer for a period of not less than twenty five (25) years, or who shall have become incapacitated to perform the duties of his office by reason of injury or accident sustained while actually engaged in the performance of his duties as an officer.
2. The members of the police department on the active list at the time of their appointment under this chapter shall not be less than eighteen (18) years of age.
B. Citizenship And Residency: In every case, a police officer shall be a citizen of the United States. Such qualification shall also apply to every officer on the eligible list at the time he shall be transferred to the active list. (Ord. 2.20; amd. 2006 Code)
A. Council Determination: The city council shall have absolute and exclusive power to determine and limit the number of police officers and members to comprise the police force, to reduce the number of the police force at any time, and to divide the police membership into two (2) lists, one an active list, of persons who shall be actually employed and receive pay while so employed, and one an eligible list, of persons who shall not receive pay while not actually employed as an officer or member.
B. Membership On Lists: Officers or members of the active list, temporarily relieved from duty, shall become members of the eligible list without pay and shall be first entitled to reinstatement in the active list, in case of vacancy, according to their seniority in the service, and all others on the eligible list shall be entitled to fill a vacancy in the order of their appointment.
C. Number Of Members On Eligible List Limited: In no event shall there be any officers or members placed on the eligible list, except in case of temporary reduction of the police force, when the number already on the eligible list shall equal in number twenty percent (20%) of the active list. (Ord. 2.20)
A. Minimum Wage: From and after the effective date hereof, there shall be paid to each duly confirmed member of the police department a minimum wage for a daily service of eight (8) consecutive hours' work, of at least two hundred eighty dollars ($280.00) per month for the first year of service, and thereafter, at least two hundred eighty dollars ($280.00) per month plus one dollar ($1.00) per month for each additional year of service up to and including the tenth year of such additional service.
B. Compensation For Sickness Or Injury: Whenever any member of the police department of the city shall, on account of sickness or disability suffered or sustained while an officer and not caused or brought on by dissipation or abuse, be confined to any hospital or his home, and shall require medical attention and care, such officer shall be, by the city council, allowed his salary as such police officer, during his absence, and an amount equal to his expenses while confined for such injury or sickness. (Ord. 2.20; amd. 2006 Code)
A. Commission To Hear And Decide Appeals: The police commission has jurisdiction and it is its duty to hear and decide appeals brought by any member or officer of the police department who has been disciplined, suspended, removed, or discharged by an order of the mayor.
B. Appeals In Writing: An appeal brought by any member of the police force shall be in writing in the form required by the police commission, and a copy shall be served upon the mayor at least thirty (30) days before the time fixed for the hearing of the appeal.
C. Rights Of Police Officer; Hearing:
1. The appealing police officer has the right to be present at the hearing in person and by counsel and to be heard and to give and furnish evidence in the police officer's appeal.
2. All hearings shall be open to the public.
D. Subpoena Authority Of Police Commission: The chairman or acting chairman of the police commission shall have power to issue subpoenas, attested in its name, to compel the attendance of witnesses at the hearing, and any person duly served with a subpoena is bound to attend in obedience thereto. The police commission shall have the same authority to enforce obedience to the subpoena and to punish the disobedience thereof as is possessed by a judge of the district court in like cases; provided, however, that punishment for disobedience is subject to review by the district court of the proper county.
E. Decision By Police Commission: The police commission shall, after the conclusion of the hearing, decide the appeal and shall have the power, by a decision of a majority of the commission, to sustain, modify, or overrule the disciplinary order of the mayor.
F. Enforcement Of Decision: The mayor shall make an order enforcing the decision of the police commission. The decision or order is subject to review by the district court of the proper county on all questions of fact and all questions of law. (Ord. 2.20; amd. 2006 Code)
A. Authority To Suspend 1 : The mayor, or chief of police subject to the approval of the mayor, shall have the power in all cases to suspend a police officer or any officer for a period not exceeding ten (10) days in any one month, without any hearing or trial, such suspension to be with or without pay as the order of suspension may determine.
B. Additional Police Personnel: The mayor shall have the power and authority, at any time when he deems it expedient, to employ not to exceed two (2) persons at one time for a period not to exceed thirty (30) days to do police duty who are not members of the police department. (Ord. 2.20)
C. Calling Into Active Service: Police officers or officers on the retired list shall retire from the active list of police officers, but shall be subject to call for police service or active duty whenever an emergency shall require or the active list is temporarily insufficient for proper policing of the city, all under the rules and regulations as the police commission or city council shall prescribe. (Ord. 2.20; amd. 2006 Code)
Notes
| 1 | 1. See also section 6-1-2 of this chapter. |
A. A member of the police force of the city may be employed in another department of the city. However, the member may not hold political office in the city.
B. The fact that a person is an officer or member of the police department does not deprive the person's spouse or any member of the person's family of the right to participate in political activity or to hold public or political office.
C. An officer or member of the police department may participate in political activity; provided, that the officer does not do so while on duty or in uniform or that it does not otherwise interfere with the performance of duties. (Ord. 2.20; amd. 2006 Code)
A. Qualifications: Reserve officers shall meet the qualifications required under Montana Code Annotated Sections 7-32-213 and 7-32-214.
B. Police Officers Incapacitated In Line Of Duty: Whenever any police officer shall receive injuries or disabilities while on duty, or in active discharge of the duties of a police officer, and in the line of duty, which injuries or disability shall, in the opinion of the police commission or city council, be of such character to impair his ability as an active police officer, or incapacitate him for the further discharge of his duties as such, he shall become a member of the police reserves of the city in like manner as though he had arrived at the age of transfer to the reserve list of the department.
C. Payment Of Police Reserves:
1. Whenever any police officer shall, from age or disability, become transferred from the active list of the police officers of the city to the reserve list of the city, he shall thereafter be paid in monthly payments from the funds in this chapter provided, a sum equal to one-half (1/2) the salary he was receiving during the year prior to the time he passed to the police reserve list.
2. Upon the death of any police officer of the city, his/her surviving, dependent spouse, if there be such a surviving spouse, shall, as long as said spouse remains his/her spouse, be paid from the police reserves fund a sum equal to one-half (1/2) the salary such police officer was receiving during the year prior to the time such police officer passes to the police reserve list. If such police officer shall leave any dependent minor children, then upon the death of such police officer, provided he/she leaves no surviving spouse, or upon the death or remarriage of his/her spouse, then the surviving dependent minor children, collectively, if there be more than one dependent minor child, shall be paid the same monthly payments as are herein provided to be paid to the surviving spouse, until such minor child or minor children shall have attained the age of eighteen (18) years or shall have married; provided further, that the payments herein provided for be made to the surviving spouse and/or children shall not be made if such payments will require an increase in the millage tax levy now provided for by subsection 6-1-15A of this chapter.
3. Payments as herein provided for, to be made to any minor child of police officers, shall be paid to the duly appointed, qualified and acting guardian of such child for the use of the minor until the minor shall have reached the age of eighteen (18) years or shall have married. In case there is more than one minor child, upon each such child reaching the age of eighteen (18) years, the pro rata payments to such child shall cease and shall be made to the remaining minor children until the youngest child shall reach the age of eighteen (18) years or shall have married.
4. The term "police officer", as used herein, shall include all those on the reserve list as well as "active police" and/or "police officers". (Ord. 2.20; amd. 2006 Code)
D. State Law Controlling: Nothing in this section shall be construed as conflicting with state law. Any part of this section that conflicts with state law shall be null and void; the remaining parts of this section not in conflict with state law shall remain in full force and effect. (2006 Code)
A. Tax Levy:
1. For the purpose of paying the salaries of police officers who have been placed upon the reserve list, the city council shall, in the manner provided by law, and at the time of the levy of the annual tax, levy a special tax of not to exceed one mill on the dollar upon the assessed valuation of all taxable property within the limits of the city, which tax shall be collected as other taxes and, when so collected, shall be paid into the fund created for the payment of such salaries of police officers upon the reserve list.
2. However, in case the demand against such fund shall be heavier than the levy can provide, then and in such case, such additional levy of not to exceed one mill may be made until such returns from the first mill levy are sufficient to meet the demand.
B. Salary Deductions: The city clerk-treasurer shall retain from the monthly salary of all police officers upon the active list a sum equal to three percent (3%) of the monthly compensation paid each officer for his services as such police officer. The said monthly deduction from the salaries of such police officers shall be paid into the fund created by the tax levy for the purpose of paying the salaries of police officers upon the reserve list.
C. Gifts And Monies Applied To Fund: All monies withheld from salaries of police officers for the violation of rules and regulations of the police department, all bequests, gifts or emoluments paid or given on account of any extraordinary service of any member of the police department, except when specifically allowed to be retained by such officer by the mayor and chief of police, and all monies derived from the provisions of this chapter shall be placed in the fund created by the tax levy of taxable property and percentum of salaries withheld from such police officers.
D. Investment Of Fund: All monies in said fund in excess of such amount as shall be deemed necessary from time to time to meet current payments to reserve police officers shall be invested as hereinafter provided, and all interest on any and all monies belonging to said fund from whatever source derived shall belong to and be paid into said fund. (Ord. 2.20)
E. Trustees Of Fund:
1. Appointment; Term: A board of trustees of said fund is hereby created, which board shall consist of the mayor, city clerk- treasurer and city attorney, and two (2) members of the police department from the active list who shall be selected by a majority vote of the members of the police department on said active list, who shall serve for a term of two (2) years, except as hereinafter provided. Upon the effective date hereof, the two (2) members of the police department shall be selected as herein provided, one to be selected for a term of two (2) years, the other for one year. A certificate of the election of the members of the police department selected for the board of trustees shall, upon such selection being made, be certified to the city clerk-treasurer by the chairman and secretary of the meeting at which selection was made. (Ord. 2.20; amd. 2006 Code)
2. Auditing Of Fund; Investment; Report On Retirement: The board of trustees of the fund shall audit the same from time to time at least twice during each year and report the condition of said fund annually to the city council on or before April 1 of each year. The board of trustees shall invest the monies in said fund from time to time as may be directed by the city council, but the monies in said fund shall not be invested in anything other than bonds of the United States or of the state of Montana, or bonds or warrants of the city of Cut Bank which are general liabilities of the whole city. The trustees shall make sale of such bonds or securities when desirable and as directed by the city council. All such bonds and warrants shall be deemed part of the fund and shall be kept in the possession of the city clerk-treasurer, and the clerk-treasurer shall be responsible therefor in the same manner as he is for all other monies or funds of the city. Before any member of the police department is placed on the reserve list by the city council, the board of trustees of the fund shall report to the city council in writing their recommendations as to whether or not such member shall be placed upon the reserve list.
F. Limit Of Use Of Fund: The fund shall not be used for any purpose whatsoever other than the payment to members of the police department on the reserve list of the amounts to which they are entitled under the provisions of this chapter. (Ord. 2.20)
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