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)

3-1-8: EXAMINATION OF APPLICANTS BY COMMISSION:

   (A)   All applicants for positions on the police force, whose application shall have been referred to the police commission, shall be required successfully to undergo an examination before the police commission and to receive a certificate from said commission that the applicant is qualified for such appointment for the probationary period upon the police force.

   (B)   It shall be the duty of the police commission to examine all applicants as to their age, legal, mental, moral and physical qualifications, and their ability to fill the office as a member of the police force. It shall also be the duty of the police commission, subject to the approval of the mayor, to make such rules and regulations regarding such examinations not inconsistent with this chapter or the laws of the state.

   (C)   Any applicant who shall make any false statement to the police commission as to his age or other qualifications required, at his examination before the police commission, shall be subject to suspension or dismissal from the police force, after trial. (Ord. 706, 7-21-1982)

3-1-9: ACTIVE AND ELIGIBLE LISTS:

   (A)   The council shall have absolute and exclusive power to determine and limit the number of police officers and members to comprise the police force of the city, and to divide the police membership into two (2) lists: One an active list, who are to be actually employed and receive pay while so employed, and two (2) an eligible list, who shall not receive pay while not actually employed as an officer or member, and to reduce the number of the police force at any time.

   (B)   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 on 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. Such action of the council shall not be subject to review by any court.

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 of twenty percent (20%) of the active list. (Ord. 706, 7-21-1982)

3-1-10: QUALIFICATIONS OF POLICE OFFICERS:

   (A)   Shall meet all qualifications required by the state of Montana as set forth in Montana Code Annotated § 7-32-303, entitled "Peace officer employment, education, and certification standards."

   (B)   Shall be citizen of the United States and meet the minimum qualifying standards for employment promulgated by the board of crime control.

   (C)   Shall be a qualified voter of the city provided, however, that the chief of police or city council of the city may, on an individual case by case basis, allow police officers to live outside the boundaries of the city but within the boundaries of Hill County.

   (D)   Additional rules and qualifications may be established by the police commission as set forth in subsection 3-1-8(B) of this chapter. (Ord. 706, 7-21-1982; amd. Ord. 910, 1-21-2020)