Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.1 - Organization › Rule 23.13.105 - COMMITTEES OF THE POST COUNCIL

Current through Register Vol. 13, July 5, 2024
(1) The
				following are committees of the POST Council:
(a) The Administrative Rules of Montana
				Committee, or ARM Committee, consists of five voting members of the POST
				Council. The ARM Committee's purpose is to review and analyze POST rules and
				recommend appropriate rule draft and amendment language to carry out the
				decisions of the POST Council. The ARM Committee's rule proposals must be
				approved by a majority vote of the council prior to submission to the Secretary
				of State's office. The ARM Committee may, by a majority vote of the committee,
				direct that POST staff, with the assistance of legal counsel, prepare draft
				rule language for the council's consideration.
(b) The Business Plan/Policy Committee
				consists of three voting members of the POST Council. The Business Plan/Policy
				Committee's purpose is to review and, when necessary, propose changes to the
				long-range business plan of the council, and the daily operations, policies,
				and procedures under which the POST staff perform day-to-day business. Any
				substantive business plan, policy, or procedural changes must be approved by a
				majority vote of the council. The Business Plan/Policy Committee may, upon a
				majority vote of the committee, direct POST staff to prepare draft business
				plan or policy language for the council's consideration.
(c) The Case Status Committee consists of
				three voting members of the POST Council. The Case Status Committee's purpose
				is to determine whether allegations of misconduct by a public safety officer
				warrant investigation by POST staff, to determine whether a certificate
				sanction or other action is appropriate, to determine the appropriate sanction
				to a certificate upon a finding of misconduct, and to review other proposed
				actions at the request of the director. The director and POST staff will act
				based upon a majority vote of the Case Status Committee. Case Status Committee
				members may not participate in deliberations or any decision of the full
				council regarding the sanction of an officer's POST certification, except as
				provided in these rules.
(d) The
				Coroner Committee consists of three voting members of the POST Council. The
				Coroner Committee's purpose is to track and monitor issues of interest to the
				Montana Coroner's Association, and coroners in general. Any draft legislative
				proposals or other proposed action must be approved by a majority vote of the
				POST Council. Draft ARM proposals must be approved by a majority vote of the
				POST Council and may be referred to the ARM Committee for approval or drafting
				as well. The Coroner Committee may, by a majority vote of the committee, direct
				POST staff, with the assistance of legal counsel, to create draft legislation
				or ARM language relevant only to coroner issues for the council's
				consideration.
(e) The Curriculum
				Review Committee consists of five voting members of the POST Council. The MLEA
				administrator or the MLEA administrator's designee may act as an ex-officio
				member of the Curriculum Review Committee. The purpose of the Curriculum Review
				Committee is to review and discuss proposed training curriculum requiring POST
				approval or information. Any curriculum or basic course developed or reviewed
				by the Curriculum Review Committee must be approved by a majority vote of the
				POST Council.
(f) The Executive
				Committee consists of five members of the POST Council, including the chair of
				the POST Council. The chair of the POST Council will serve as the chair of the
				Executive Committee. The purpose of the Executive Committee is to make
				decisions necessary to implement the policies of the POST Council, and to
				provide additional oversight of POST staff. The decisions of the Executive
				Committee may include informing the Montana Legislature or a legislative
				committee of positions adopted by the council, providing advice and direction,
				short of ultimate decisions, regarding legal matters in which the council is a
				named party, and directing action by POST staff in order to accomplish the
				council's goals. The Executive Committee may direct POST staff to provide
				information to the legislature or its interim committees. The Executive
				Committee may also direct POST staff to appear and testify before the
				legislature or its interim committees in furtherance of positions taken by the
				council, or on behalf of the Executive Committee. When POST staff is
				representing a position of the Executive Committee only, it will disclose that
				the council has not taken a position on the issue. The Executive Committee may
				call a special meeting of the council, and may make recommendations to the
				council at a special or regular meeting.