Current through Register Vol. 6, March 22, 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.