Current through Register Vol. 6, March 22, 2024
(1) Any legitimate
allegation made against any public safety officer that may result in the
denial, sanction, revocation, or suspension of that officer's certification
must be considered by either:
(a) the case
status committee and the executive director; or
(b) the council.
(2) The public safety officer's appointing
authority must report to the executive director any substantiated grounds for
denial, sanction, suspension, or revocation of POST certification as enumerated
in (3).
(a) If review of an officer's conduct
is pending before any court, council, tribunal, or agency, the appointing
authority must report the officer's conduct to the executive director and may
request that POST take no action until final adjudication. Such a request will
be granted or rejected based upon a majority vote of the Case Status
Committee.
(b) If an officer's
conduct results in termination of the officer's service, the notice
requirements of 7-32-303, MCA, and ARM 23.13.806 apply.
(3) The grounds for denial, sanction,
suspension, or revocation of the certification of public safety officers are as
follows:
(a) willful falsification of any
information in conjunction with official duties, or any single occurrence or
pattern of lying, perpetuating falsehoods, or dishonesty which may tend to
undermine public confidence in the officer, the officer's appointing authority,
or the profession;
(b) a physical
or mental condition that substantially limits the officer's ability to perform
the essential duties of a public safety officer, or poses a direct threat to
the health and safety of the public or fellow officers, and that has not been
or cannot be eliminated or overcome by reasonable accommodation provided by the
appointing authority;
(c) engaging
in substance abuse as defined in these rules;
(d) unauthorized use of or being under the
influence of an intoxicating substance, including alcoholic beverages or
marijuana, while on duty, or the use of an intoxicating substance, including
alcoholic beverages or marijuana, in a manner which tends to discredit the
officer, the officer's appointing authority, or the profession;
(e) conviction of a criminal offense
enumerated in Title 45, chapters 5 through 10, MCA, or Title 61, chapter 8,
part 10, MCA, or an offense which would be a criminal offense enumerated in
Title 45, chapters 5 through 10, MCA, or Title 61, chapter 8, part 10, MCA, if
committed in this state;
(f)
neglect of duty or willful violation of orders or policies, procedures, rules,
regulations, or criminal law when such action or inaction, committed in the
officer's capacity as an officer or otherwise, reflects adversely on the
officer's honesty, integrity, or fitness as an officer or is prejudicial to the
administration of justice;
(g)
willful violation of the code of ethics set forth in ARM 23.13.803;
(h) failure to meet the minimum standards for
appointment or continued service as a public safety or peace officer set forth
in these rules or Montana law;
(i)
failure to meet the minimum training requirements or continuing education and
training requirements for a public safety or peace officer required by Montana
law and these rules;
(j) operating
outside or ordering, permitting, or causing another officer to operate outside
of the scope of authority for a public safety or peace officer as defined by
44-4-401, 44-4-404, or 7-32-303, MCA, or any other provision of Montana law
regulating the conduct of public safety officers;
(k) the use of excessive or unjustified force
in conjunction with official duties;
(l) engaging in sexual misconduct as defined
in these rules; or
(m) the denial,
sanction, suspension, or revocation of any license or certification equivalent
to a POST certification imposed by a board or committee equivalent to POST in
any other state.
(4) It
is a defense to an allegation of substance abuse, as defined in these rules, if
the officer shows by a preponderance of the evidence that the officer's
substance abuse has been eliminated or overcome by reasonable
treatment.