3. Ordinance 1586 - Police Officer Probationary Period - 2nd ReadingKALISPELL POLICE DEPARTMENT
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2 1 STAVE. PAST PO Box 14 997 — KALISPELL, MT 59903
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REPORT: Honorable Mayor and City Council
Frank Gamer, Chief of Police
SUBJECT: Police Officer probationer period (Second Reading)
MEETING DATE: October 2,2006
ND: In the course of reviewing our entry level police officer protocol
the department discovered a 70 year old ordinance which s nfl ict with state law and
the cities policy regarding the probationary pefiod. State law and the cities policy
provides for a one year probation period for end level police officers. The city
ordinance limits the probationer six months. The departments practice has
long been to require a one year probationer period_ The city ordinance should be
amended to be consistent with state law and city policy.
Policing
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RECO NDATIONS. The council should adopt the amended ordinance on second
reading.
FISCAL EITEC S: None.
ALTERNA W S: As recommended by council,
Rsfay submitted,
Fr der
Chief of Police
James H. Pack
City Manager
FRANK GARNER. CHIEF O OLD ROGER KRA, As €s ANT CHIEF Off`
ORDNANCE NO.1586
AN ORDINANCE AMENDING KALISPELL MUNICIPAL CODE 22-5 TO SET THE
PROBATIONARY PERIOD of POLICE OFFICERS AT ONE YEAR AN
DECLARING AN EFFECTIVE DATE,
WHEREAS, Kalispell Municipal Code 22- , enacted in 1947, currently sets the
probationary term for its police officers at six months; and
WHEREAS, Montana State Lain at MCA. 7-32-303 mandates that all law enforcement officers
within the state must complete a -year probationary period;
WHEREAS, Kalispell Municipal Code 22-5(B) contains further language regarding the
employment of temporary police officers that is contrary to State Law that should
be stricken.
BE IT ORDAINED Y THE CITY COUNCIL of THE CITY of KALISPELL., MONTANA,
AS FOLLOWS:
SECTION I Kalispell Municipal a Code 22- 5 is hereby amended to read as follows;
B. Probationary Tern: Every applicant who has passed such examination and received
such certificate must first serve for a probationary term of iie! ffl%o- %PW t Ah affial QO i xV (16F� mevtLs
o 1 ear. .At any time before the end of such probationary tern, the Mayor may
revoke such appointment. After the end of such probationary tern, and within thirty(30)
days after, the appointment of such applicant must be submitted to the city council, and if
such appointment ent is confirmed by the city council, such applicant becomes a member of
the police force, and shall hold such position during good behavior, unless suspended or
discharged as provided by lave.
time --lulien he deems
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SECTION 11 This ordnance shall be effective thirty 3 days from and after the date
of its final passage and approval.
PASSED AND APPROVED Y THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 2ND DAY OF OCTOBER, Zoo .
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk