Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.703 - PROCEDURE FOR MAKING AND RECEIVING ALLEGATIONS OF OFFICER MISCONDUCT AND FOR INFORMAL RESOLUTION OF THOSE ALLEGATIONS BY THE DIRECTOR

Current through Register Vol. 13, July 5, 2024
(1) The POST Council will create, maintain,
				and adopt in public meetings a policy and procedure for processing and
				responding to allegations. The policy and procedure will be posted on POST's
				web site and made publicly available. It will comply with these rules and offer
				the director further guidance regarding the specific steps that the director
				and POST staff will take when responding to allegations.
(2) Any allegation made against a public
				safety officer that states potential grounds for denial, sanction, suspension,
				or revocation of POST certification must initially be provided to the
				appointing authority of the officer in question for review and recommendation,
				unless the appointing authority is making the allegation. All allegations must
				be made in writing unless the director initiates the allegation. Anonymous
				allegations will not be considered unless the director determines that public
				safety may be threatened if POST takes no action on an anonymous
				allegation.
(3) Except as provided
				in this section, POST will not proceed with an allegation unless the individual
				making the allegation or POST staff has notified the appointing authority of
				the allegation. This requirement does not apply if the allegation has been made
				against the highest-ranking officer in the agency, who would otherwise
				constitute the appointing authority, or there is some reason to believe that
				the investigation or public safety would be put in danger by such a
				notification.
(4) Within 30 days of
				being notified of the allegation, or in making its own allegation of
				misconduct, the appointing authority must give POST a notice of the appointing
				authority's investigation, action, ruling, finding, or response to the
				allegation, in writing, which must include a description of any remedial or
				disciplinary action pending or already taken against the officer regarding the
				allegation in question, and which may contain a recommendation from the
				appointing authority regarding whether POST should impose a sanction. If the
				appointing authority recommends POST impose a sanction, the appointing
				authority must state what sanction the appointing authority deems reasonable.
				POST shall consider but is not bound by the recommendation of the appointing
				authority. If available, a copy of the initial allegation made to the
				appointing authority and the appointing authority's written response must be
				forwarded to the director. The appointing authority may make a written request
				to the director for additional time to respond. Such a request must provide
				good cause as to the reason more time is required. The director may grant or
				deny requests for additional time at the director's discretion.
(5) After the appointing authority has been
				notified and given the opportunity to act, the director or POST staff may
				accept an allegation to be presented to the case status committee. If an
				allegation is received from an appointing authority, the executive director
				may, if appropriate under the circumstances, send a "Letter 1" (as described in
				the POST Council's policy and procedure adopted under (1)) to the officer prior
				to consultation with the Case Status Committee, provided the director notify
				the committee of the Letter 1 as soon as practicable.
(a) Any allegation submitted to the council
				must be submitted to the director or POST staff and may not be submitted to the
				full council or any individual member of the council.
(b) The allegation must provide at least the
				following information:
(i) the name, address,
				and telephone number of the individual making the allegation, which the
				director may keep confidential if the individual or public safety would be
				harmed by disclosure;
(ii) the name
				and appointing authority of the officer;
(iii) a complete description of the
				incident;
(iv) the remedy
				sought;
(c) A person
				making an allegation must use the allegation form available from POST staff or
				submit an allegation in substantially similar format.
(d) An appointing authority or the Montana
				Law Enforcement Academy may submit a written allegation on the agency's
				letterhead with supporting documents that the agency deems
				appropriate.