3-1-1: DEPARTMENT CREATED:

The police department shall be governed by the provisions of the metropolitan police law of this state, as set forth in sections 7-32-4101 to 4164, Montana Code Annotated, 1979, as from time to time amended, and any other provisions of law giving the city power and authority to create and manage the police department. (Ord. 706, 7-21-1982)

3-1-2: SUPERVISION OF POLICE DEPARTMENT:

The mayor shall have charge of and supervision over the police department. He shall appoint all the members and officers thereof. Subject to the provisions of this chapter of the Havre city codes, he shall have the power to suspend or remove any member or officer of the force. He shall make rules, not inconsistent with the provisions of this chapter, the laws of the state, or the ordinances of the city for the government, direction, management, and discipline of the police force. (Ord. 706, 7-21-1982)

3-1-3: ADDITIONAL REGULATIONS BY CITY COUNCIL:

In addition to the provisions of section 3-1-2 of this chapter, the city council may make any ordinances, not inconsistent with any law of the state, for the government of the police department and for regulating the powers and duties of its officers and members. (Ord. 706, 7-21-1982)

3-1-4: DUTIES OF CHIEF OF POLICE:

   (A)   It is the duty of the chief of police:

      1.   To execute and return all process issued by the city judge or directed to him by any legal authority and to attend upon the city court regularly.

      2.   To arrest all persons guilty of a breach of the peace or for the violation of any city ordinance and bring them before the city judge for trial.

      3.   To have charge and control of all policepersons, subject to such rules as may be prescribed by ordinance, and to report to the council all delinquencies or neglect of duty or official misconduct of policepersons for action of the council.

      4.   To perform such other duties as the council may prescribe.

   (B)   The chief of police has the same powers as a constable in the discharge of his duties, but he must not serve a process in any civil action or proceeding except when a city or town is a party. (Ord. 706, 7-21-1982)

3-1-5: MEMBERS:

The police department shall consist of the chief of police, appointed by the Mayor upon advice and consent of the council, and such number of patrolpersons as the Mayor shall from time to time determine. (Ord. 706, 7-21-1982; amd. Ord. 919, 5-17-2021)

3-1-6: APPLICATION FOR POSITION:

All appointments to the police force must be made by the mayor and confirmed by the council. No such appointment must be made until an application for such position on the police force has been filed with the mayor, and by him referred to the police commission, and the applicant has successfully passed the examination required to be held by the police commission, and a certificate from the police commission that the applicant has qualified for such appointment has been filed with the mayor.

Every applicant who has passed such examination and received a certificate must first serve for a probationary term of not more than one year. At any time before the end of the probationary term, the mayor may revoke the appointment. Within thirty (30) days after the end of the probationary term, the appointment of the applicant must be submitted to the council, and if the appointment is confirmed by the council, the applicant becomes a member of the police force, and shall hold such position during good behavior, unless suspended or discharged as provided by law. (Ord. 706, 7-21-1982)

3-1-7: POLICE COMMISSION CREATED:

   (A)   The mayor shall nominate and, with the consent of the city council or commission, appoint three (3) residents of the city who shall have the qualifications required by law to hold a municipal office therein and who shall constitute a board to be known by the name of "police commission".

   (B)   The appointees to the police commission shall hold office for three (3) years, and one such member must be appointed annually at the first regular meeting of the city council or commission in May of each year. However, a member serving on the commission during the hearing or deciding of a case shall continue to serve on the commission for that case until a decision has been made; a new member may not sit on the commission for such business.

   (C)   The compensation of the members of such board shall be fixed by the city council or commission, not to exceed ten dollars ($10.00) per day or more than fifty dollars ($50.00) per month for any month for each member in cities of the first and second class. (Ord. 706, 7-21-1982)