23.13.702    GROUNDS FOR DENIAL, SANCTION, SUSPENSION, OR REVOCATION OF POST CERTIFICATION

(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.

 

History: 2-15-2029, MCA; IMP, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2020 MAR p. 580, Eff. 3/28/20; AMD, 2022 MAR p. 1835, Eff. 9/24/22; AMD, 2023 MAR p. 479, Eff. 5/27/23; AMD, 2024 MAR p. 607, Eff. 3/23/24.