HomeMy WebLinkAboutOrdinance No. 615 ORDINANCE No.~
AN ORDINANCE CREATING A POLICE
COMMISSION FOR THE CITY OF LAUREL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA:
Section
known by the
Section
1. Creation. There is hereby created a board to be
name of "Police Commission".
2. Number of Members. The police commission shall consist
of three (3) members whose term of office shall be three (3) years
and one such member must be appointed annually, at the first regular
meeting of the City Council in May of each year.
Section 3. A~ointment. The mayor shall nominate, with consent
of the city council, members of the police commission. At the first
meeting of the city council in the month of May after passage of
this ordinance three (3) members shall be appointed to the police
commission one (1) to serve for one (1) year, one (1) to serve for
two (2) years, and one (1) to serve for three (3) years from the
date of their appointment and confirmation. ~
Section 4. Qualifications. The members of the police commission
shall be residents of the City of Laurel and shall have the same
qualifications required by law to hold a municipal office and shall
take an oath or affirmation of office. Members of the police commission
shall not hold any other e~ective or appointive municipal office
while serving as a member of the police commission. Members shall
be subject to remOval from office as such other city officers.
Section 5. Rules. The police commission shall make such rules
and regulations necessary to implement this ordinance and to administer
the commission, not incOnsistant with this ordinance, and shall
have such other and further powers as is provided by ordinance or
statute.
Section 6. Compensation. The compensation of the members of
the police commission maybe fixed by the city council not to exceed
Ten ($10.00) dollars per day, nor more than fifty ($50.00) dollars
per month for any month.
Section 7. Ma~or to Refer Appointments. The mayor shall not
make any appointment to the police force until an application for
such position on the police force has been filed with the mayor,
and by him referred to the police commission, and such applicant
has successfully passed the examination required to be held by the
police commission, and a certificate from the police commission
filed with the mayor that the applicant has qualified for such appointment.
Section 8. Examination of Applicants. (1) All applicants for
positions on the police force, whose application shall have been
referred to the police commission, shall be required successfully
to undergo an examination before the police commission, and to receive
a certificate from said commission that the applicant is qualified
for such appointment for the probationary period on the police force.
(2) It shall be the duty of the police commission to examine
all such applicants as to their age, legal, mental, moral, and
physical qualifications, and their ability to fill office as a member
of the police force, it shall also be the duty of the police commission
subject to the approval of the mayor, to make such rules and regulations
regarding such examinations not inconsistant with this ordinance
or the laws of the state of Montana. .
(3) Any applicant who shall make any false statement to the
police commission as to his age or other qualifications required,
at his examination before'the police commission, shall be subject
to suspension or dismissal from the police force, after trial.
Section 9. Presentation and trial of char~es against policeman
(1) The police commission shall have the jurisdiction, and it shall
be its duty to hear, try and decide all charges brought by any person
or persons against any member or officer of the police department,
including any charge that such member or officer is incompetent,
or by age or disease, or otherwise, has become incapacitated to
discharge the duties of his office, or has been guilty of neglect
of duty, or of misconduct in his office, or of conduct unbecoming
a police officer or has been found guilty of any crime, or whose
conduct has been such as to bring reproach upon the police force.
(2) Any charge brought against any member of the police force
must be in writing in the form required by the police commission
and a copy thereof must be served upon the accused officer or member
at least fifteen (15) days before the time fixed for the hearing
of such charge.
g~ (3) It is the d~t~ the police commission at the time set
for hearing a charge against a police officer, to forthwith proceed
to hear, try, and determine the charge according to the rules of
evidence applicable to courts of record in the state of Montana.
The accused shall have the right to be present at the trial in person
and by counsel, and to be heard, and to give and furnish evidence
in his defense. All trials shall be open to the public.
(4) The chairman, or acting chairman, of the police commission,
shall have the power to issue subpoenas, attested in its name, to
compel the attendance of witnesses at the hearing and any person
duly served with a subpoena is bound to attend in obedience thereto,
and the police commission shall have the same authority to enforce
obedience to the subpoena, and to punish the disobedience thereof,
as is possessed by a judge of the district court in like cases,
provided, however, that punishment for dis'obedience is subject to
review by the district court of Yellowstone County.
(2) The police commission must, after the conclusion of the
hearing or trial, decide whether the charge was proven or not proven,
and shall have the power, by a decision of a majority of the commission,
to discipline, suspend, remove or discharge any officer who shall
have been found guilty of the charge filed against him.
(6) Such action of the police commission shall, however, be
subject to modification or veto by the mayor, made in writing, giving
reasons therefor, which shall become a permanent record of the police
commission, provided, however, that where and when the police commission
decides the charge not proven the decision is not subject to modification
or veto by the mayor nor to any review but is final and conclusive.
Where the police commission decides the charge proven, the
mayor, within five (5) days from the date of the filing of such
findings and decision with the city clerk, may modify or veto such
findings and decision.
' (7) When a ch~aa g~ agaln~-~a'~emb~r of the police force is
found proven by the board, and is not vetoed by the mayor, the mayor
must make an order enforcing the decision of the board, or if modified
by the mayor, then such decision as modified, and such decision
or order shall be subject to review by the district coUrt of Yellowstone
County on all questions of fact and all questions of law.
~ ' ~ ) The'district cou~t of Yellowstone County Shall have jurisdiction
to review all questions of fact and all questions of law in a suit
brought by any officer or member of the police force, but no suit
to review such hearing or trial or for reinstatement to office shall
be maintained unless the same is begun within a period of sixty
(60) days after the decision of the police commission or order of
the mayor has been filed with the city clerk.
(9) In no case shall any officer or member of the police force,~
be discharged without a hearing or trial before the police commission./-
(10} The mayor or cnlei oI police, subject to the approval
of the mayor, shall have the power in all cases, to suspend a policeman,./
or any officer, for a period of not exceeding ten (10) days in any
one (1) month, such suspension to be with or without pay as the
order of suspension may determine. Any officer suspended, with
or without pay, is entitled to appeal such suspension to the police
commission and it shall be the duty of the commission to hear, try ~
and decide all charges brought by any person or persons against
any member or officer of the department.
,~c~ Section 10. Thirty day employment by mayor. The mayor shall
have the power and authority at any time when he deems it expedient
to employ not to exceed two (2) persons at one time for a period
not to exceed thirty (30) days to do police duty who are not members
of the police department.
~ '~r~. dhairman. At the first regular meeting of the police
commission in the month of May of each year, following new appointments
by the city council, the members of the police commission shall
select a chairman to serve for a term of one (1) year.
Section 12. Secretar~;i The police commission may employ a secretary
or may designate one of its own members to act as such. The secretary
shall keep the minutes of the commission's proceedings, shall be
custodian of all papers pertaining t6 the business of the police
commission, shall keep a record of all examinations held, and shall
perform such other duties as the commission shall prescribe.
Section 13. Legal advisor. The City Attorney shall be the
legal advisor to the police commission, and who shall approve all
action of the commission as to form.
Introduced at a regular meeting of the City Council on ~
/L ~ by Alderman ~, ~ ~-~
Passed and Approved by the City Council of the City of Laurel
this_,4~ ~ day of ~ 197~ .
C~ty o ~'~aur~ 1
L~uis Y~ich, Mayor
ATTEST:
Dorthy P. Bundy, City Clerk
Approved as to form:
Larry D. Herman, City Attorney