Administrative Rules of Montana
Department 23 - JUSTICE
Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST)
Subchapter 23.13.1 - Organization
Rule 23.13.104 - NOTICE TO THE PUBLIC OF POST COUNCIL ACTIONS OF SIGNIFICANT INTEREST TO THE PUBLIC
Current through Register Vol. 18, September 20, 2024
(1) In accordance with 2-3-102 through 2-3-114, MCA, prior to making a final decision that is of significant interest to the public, POST will afford reasonable opportunity for public participation. Reasonable opportunity for public participation may be afforded by:
(2) For purposes of (1)(b) only, significant interest to the public is defined at 2-4-102, MCA, as matters an agency knows to be of widespread citizen interest.
(3) Public comment on any public matter within the jurisdiction of POST must be allowed at any public meeting under 2-3-103, 2-3-202, and 2-3-203, MCA, defining "public matter" and "meeting" and stating the requirements applicable to opening and closing meetings to the public. The opportunity for public comment must be reflected on the meeting agenda and incorporated into the official minutes of the meeting. For purposes of this rule and 2-3-103, MCA, contested case is defined at 2-4-102, MCA.
(4) The POST Council or its committees may hold closed or executive sessions if the chair of the POST Council or the chair of the committee determines that:
(5) A chair's determination regarding whether to hold a closed or executive session may be overruled by a majority vote of the POST Council or committee.
(6) If the POST Council or a committee takes formal action during closed or executive session, the council or committee will announce its formal action on the public record, except when the action involves a legally recognized privilege or if the action would violate an individual's privacy interests.
AUTH: 2-4-201, 2-15-2029, MCA; IMP: 2-3-103, 2-3-104, 2-3-203, 44-4-403, MCA