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(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)
(A) The police commission shall have the jurisdiction and it shall be its duty to hear, try and decide all charges brought by any person against any member or officer of the police department; including any charge that such member is incompetent, or by age or disease, or otherwise, has become incapacitated to discharge the duties of his office; or has been guilty of neglect of duty, or of misconduct in his office, or of conduct unbecoming a police officer; or has been found guilty of any crime; or whose conduct has been such as to bring reproach upon the police force.
(B) Any charge brought against any member of the police force must be in writing in the form required by the police commission and a copy thereof must be served upon the accused officer or member at least fifteen (15) days before the time fixed for the hearing of such charge.
(C) It is the duty of the police commission, at the time set for hearing a charge against a police officer, to forthwith proceed to hear, try and determine the charges, according to the rules of evidence applicable to courts of record in the state.
(D) The accused shall have the right to be present at the trial in person and by counsel, and to be heard, and to give and furnish evidence in his defense.
(E) All trials shall be open to the public.
(F) The chairman, or acting chairman, of the police commission, shall have the 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 case; provided, however, that punishment for disobedience is subject to review by the district court of Hill County.
(G) The police commission must, after the conclusion of the hearing or trial, decide whether the charge was proven or not proven, and shall have the power, by a decision of a majority of the commission, to discipline, suspend, remove or discharge any officer who shall have been found guilty of the charge filed against him.
(H) Such action of the police commission shall, however, be subject to modification or veto by the mayor, made in writing, giving reasons therefor, which shall become a permanent record of the police commission; provided, however, that where and when the police commission decides the charge not proven, the decision is not subject to modification or veto by the mayor nor subject to any review but is final and conclusive.
(I) Where the police commission decides the charge proven, the mayor, within five (5) days from the date of the filing of such findings and decision with the clerk, may modify or veto such findings and decision.
(J) When a charge against a member of the police force is found proven by the board and is not vetoed by the mayor, the mayor must make an order enforcing the decision of the commission, or if modified by the mayor, then such decision is modified. Such decision or order shall be subject to review by the district court in the county on all questions of fact and all questions of law.
The district court of the county shall have jurisdiction, however, in a suit brought by an officer or member of the police force, to determine whether the essential requirements of law as to the method of trial have been complied with, but no suit to review such hearing or trial or for reinstatement to office shall be maintained unless the same is begun within a period of sixty (60) days after the decision of the police commission or order of the mayor has been filed with the clerk, and in no case shall any officer or member who has been suspended or discharged, or placed upon the eligible list, be entitled to any salary or other emoluments of office, during the period of suspension, or during the time he remains upon the eligible list, or from the date of his discharge by the police commission or the mayor, to the time of his reinstatement if the court should finally find he was entitled to be reinstated. No court shall have the jurisdiction to hear or determine any question or controversy concerning the salary or compensation of any member of the police force now or hereafter accrued, except for services actually rendered.
(K) In no case shall any officer or member of the police force be discharged without a hearing or trial before the police commission, as herein provided.
(L) The district court of the county shall have jurisdiction to review all questions of fact and all questions of law in a suit brought by any officer or member of the police force, but no suit to review such hearing or trial or for reinstatement to office shall be maintained unless the same is begun within a period of sixty (60) days after the decision of the police commission or order of the mayor has been filed with the city clerk-treasurer. (Ord. 706, 7-21-1982)
The mayor or chief of police, subject to the approval of the mayor, shall have the power, in all cases, to suspend a policeperson, or any officer, for a period of not exceeding ten (10) days in any one month, such suspension to be with or without pay as the order of suspension may determine. Any officer suspended, with or without pay, is entitled to appeal such suspension to the police commission and it shall be the duty of the commission to hear, try and decide all charges brought by any person against any member of the department. (Ord. 706, 7-21-1982)
(A) No member of the police force may hold any other office or be employed in any other department of the city or town government.
(B) The fact that a person is an officer or member of the police department does not deprive his spouse or any member of his 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 he does not do so while on duty or in uniform or that it does not otherwise interfere with the performance of his duties. (Ord. 706, 7-21-1982)
(A) Probationary Policepersons: Probationary policepersons shall serve not more than one year on probation. The administrative officers in charge of the probationary policeperson will submit written evaluations and recommend if the member should be hired as a regular police officer. (Ord. 767, 10-16-1989)
(B) Patrolperson: A member of the police department shall be classified as a patrolperson after the individual has passed a one year probation. (Ord. 706, 7-21-1982)
(C) Patrolperson First Class: A police officer may be promoted to patrolperson first class after the member has graduated with passing grades from the basic school at the Montana Law Enforcement Academy and has held the rank of patrolperson for two (2) years.
(D) Senior Patrolperson: A police officer may be promoted to the rank of senior patrolperson after the member has attained the rank of patrolperson first class and has graduated with passing grades from the intermediate school at the Montana Law Enforcement Academy, or its approved equivalent, and has held the rank of patrolperson first class for one year.
(E) Sergeant: To be eligible for promotion to the rank of sergeant, the individual must have held the rank of senior patrolperson and must have been a confirmed member of the police department for five (5) years. The member must have graduated from the advanced school or the former major case school at the Montana Law Enforcement Academy, or its approved equivalent, with passing grades. The police department may have four (4) sergeants. In the event of more than one senior patrolperson eligible for promotion to sergeant, seniority and POST training points shall be considered. The promotion to sergeant may be made when openings are available. (Ord. 767, 10-16-1989)
(F) Shift Requirements: A senior ranking officer, a sergeant, or a senior patrolperson shall be assigned to each shift, if possible. The senior patrolperson shall take charge of the shift in the absence of a more senior officer.
(G) Pay Differential: A differential in pay between patrolperson through lieutenant is hereby established for the reason that with each advancement of rank, more responsibility is expected of the person and the differential in pay will be an incentive to obtain the highest rank possible.
The differential pay shall be that a patrolperson first class shall receive at least twenty five dollars ($25.00) more per month than a patrolperson; that a senior patrolperson shall receive at least thirty five dollars ($35.00) more per month than a patrolperson first class; and that a sergeant shall receive at least sixty dollars ($60.00) more per month than a senior patrolperson. A lieutenant shall receive at least sixty dollars ($60.00) more per month than a sergeant.
The police department shall be headed by a chief of police and an assistant chief of police whose wages shall be set by ordinance. (Ord. 717, 12-19-1983)
Whenever any member of the police department shall, on account of sickness or disability suffered or sustained while a member of the police department and not caused or brought on by dissipation or abuse, be confined to any hospital or the member's home and shall require medical attention and care, the officer of such police department may be allowed, by the city council, the salary as such police officer during the individual's absence and an amount equal to the member's expenses while confined for such injury or sickness. (Ord. 706, 7-21-1982)
A member of the police department who is injured in the performance of the individual's duties so as to necessitate medical or other remedial treatment and render the officer unable to perform assigned duties shall be paid by the city by which the individual is employed the difference between the officer's full salary and the amount received from worker's compensation until the disability has ceased, as determined by workers' compensation, or for a period not to exceed one year, whichever shall first occur. (Ord. 706, 7-21-1982)
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