Current through Register Vol. 18, September 20, 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.
(2) The POST Council may create additional
committees upon a motion and resolution passed by a majority vote of the POST
Council, including a description of the committee's purpose and authority. The
chair of the POST Council will appoint members, and designate chairs of the
committees of the POST Council in open meetings. The POST Council chair's
appointments are subject to approval by a majority vote of the POST Council.
During its final meeting of each calendar year, the POST Council will review
the membership of each of its committees and determine whether new or
alternative appointments should be made.
(3) If a committee member resigns from a
committee of the POST Council or otherwise vacates the member's seat on a
committee, the POST Council chair may make an interim appointment to fill the
vacancy. Interim committee members may take action and vote on issues which are
before the committee until the POST Council has the opportunity to approve the
appointment of the committee member at its next regularly scheduled
meeting.
(4) The chair may appoint
non-voting ex-officio members of POST Council committees. Ex-officio members
should be recognized subject matter experts in the field related to the
committee's purpose. Ex-officio members may not be POST Council members.
Ex-officio members are subject to approval by a majority vote of the POST
Council.
