Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-07
THE POLICE BILL
The Duties of the New Board
to Be Created.
HOLD OFFICE FOUR YEARS
Designed to Remove the Police and
Fire Departments From
Politics.
HOLD OFFICE FOUR YEARS

OF the ponce and fire departments in such
cities, and to provide for the appointment
of such commissioners, to define and regu-
late their duties and powers over such de-
~partments, and the direction and removal
OF officers and members thereof, and to re-
peal all laws in conflict herewith.
Be it enacted by the legislative assembly
of the state of Montana:
Section l. There is hereby created for
each city of the first class in this state, a
board OF municipal service commissioners
which shall consist of the mayor of the city
for which the same is created, and two res
1dent taxpayers of such city, to be APP
pointed as members of such board by the
governor of this state, and who shall hold
such position for the term of four years,
or until the appointment and qualification
OF their successors; provided, that said
commissioners SO appointed shall not be
of the same political party, and the terms
of those first appointed under this act
shall be so arranged that one shall expire
on the first Monday. in January, A. d.. 1901,
and the other on the first Monday in jan
uary, A. d. 1903. No member of such board,
except the mayor, shall hold any other mu-
nicipal office during the term for which he
is appointed.
to exercise a supervisory control over the
police and fire departments of the city for
which the same is created, subject to the
city council of such city, and to tina end
1T shall have power to makes and promul-
gate such rules and regulations as it may
deem best for the management and con-
troll of each department and for the guild
ance and direction of members and officers
thereof. In such board is hereby vested the
sole power to remove from office or dis
charge any officer or member of either de-
partnlent for any cause whatever.
Sec. 3. There shall be appointed by the
mayor of each city of the first class in this
state, subject to confirmation by the city
council thereof. a chief of police, a captain
of police, a chief of the fire department., an
assistant chief of the fire department, and
such number of policemen and firemen as
the city council of such city shall from
time to time determine to be necessary or
advisable. The city council may prescribe
the duties and qualifications and fix the
compensation of such officials, subject to
the limitations contained in this act.
Sec. 4. 1t shall be the duty of the chief
of police:
/. To execute and return all processes is
sued by the police judge or directed to him
by any legal authority, and to attend upon
the police court regularly.
2. To arrest all persons guilty of a
breach of the peace or for the violation of
any city or town ordinance, and bring them
before the police judge for trial.
3. To have charge and control of all po-
licemen, 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 policemen for
action of the council.
A. The chief of police has the same pow
ers 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.
5. To perform such other duties as the
council may prescribe.
Sec. 5. 1t shall be the duty of the chief of
the fire department to assume the personal
command and direction over the fire de-
partment of the city for which he is APP
pointed, and all members thereof, and over
all persons who may be present at fires.
He shall devote his entire time to the duties
of his office and to the end of securing eff
cheney in said department, and shall at all
finlpS h1 We fnlJ mower as z. member or the
police force of said city, which he is hereby
! constituted, and shall take a special oath
of office as such. He shall also perform
such other duties as may be required of
him by the city council of said city.
Sec. 6. The said board may, by a ma
GRITTY vote, suspend for a stated period or
remove from office, or discharge any officer
or member of either department for incom~
potency, or for the violation of any of the
rules or regulations of such department, or
for other good cause; but only upon writ
ten charges preferred against him and filed
with such board, and after a public hear
ing shall have been had thereon, at a time
to be fixed by the said board and upon at
least four days notice thereof in writing
to the party charged. At such hearing the
! complainant, who may be any member of
the board or officer or resident of the city.
and the accused, or either of them, shall
nave the right to be represented by coun-
sci. The decision of the board shall be
given in writing, signed by a majority
thereof, and filed in the office of the city
clerk. IL Is prONlueu, however, tHdl SuCH
board may for any good cause, and without
a previous hearing, suspend for a period
not exceeding ten days, any officer or mem
Der of either department, and may by Its
rules authorize such temporary suspension
by the proper officers of each department,
but in case of any such suspension the
party suspended shall nave the right to de-
mand within four lays a hearing in accord
ance with the provisions of this section,
and should the result thereof be in his
favor he shall be entitled to his usual COM
pensation for the time SO suspended. Such
board shall provide rules for the conduct OF
all such hearings. Whenever an officer or
member of either department is removed
from office by the board it shall at once re-
port such fact to the city council, that a
successor may be appointed. The board
shall in like manner report the death or
resignation of any officer or member of
either department.
Sec. 7. Should the city council at any
time reduce the number of policemen or
fremen, the said board shall by a majority
vote designate those who shall be retired,
and shall at the same time prepare and file
IL the office of the city clerk of said city,
a ranking list of those so retired, upon
which their position IN rank snaii pc stateu;
The board may from time to time amend
or modify such ranking list, but the name
of no person shall be kept thereon for more
than two years after the last date of SER
vice. Should the number in any depart
ment be thereafter increased, the board
shall call to the service those upon such
ranking list in the order of rank, ana Shall
report to the city council the number of
vacancies, if any, then remaining to be
filled by appointment in the manner by law
provided.
Sec. 8. The members of said board ap-
pointed by the governor shall receive COM
| pensation at the rate of IS for each meet
! ing thereof, not exceeding. however. to both
members in any one month, the sum of $50.
! which shall be paid by the city council from
the same fund and in the same manner as
a., 49, = az a.