Ordinance 478 - Establishes Police Force407
ORDINANCF No. 478
AN ORDINANCE ESTABLISHING A .JETROPOLITAN POLICE _"ORCE IN TIE CITY
OF KALISPELL UNDER AND BY '7IRTUE OF THE PROVISIOINS" OF SECTION 5C95
TO SFCTION 5108.14 TN^,LUSIVE, OF T-IE REVISED G-DES OF LIONT.INA, 1935,
AS AIENDED BY CHAPTER 78 OF T'TE LAWS OF 771E TNFNTY-FIFTH LFGISLATIVE
ASS 7,101:r OF 77, STATE 07 MOi TANA; PROVIDING FOR TIr; APPOINIT;I?NT OF A
PO' ICE 00!&:ITSSION AND ALL ?INGS N-ECESSARY UhD dR SAID METROPOLITAL
LAW, AND DEEPiIN 3 TTMI PT?ESENT POLICE DEP..RTPTENT OF 7174, CITY OF KALIS-
PELL AND ITS PERSONNEL AS BEIivG ESTABLISHED H"sREUNDT , ::Irk R7PPEALI1JG
' ANY AND PaLL ORDINANC ,S IN CONFLICT H11RE:-ITH.
BE IT ORDAIN7D 37 THE CITY COTTNCTL OF TYE CITY OF KALTSPELL, pinldTANA:
Section 1. That from and after the passage and approval of this or-
dinance, the police department of the City of Kalispell, Montana shall
he under and within the provisions of the metropolitan police law of
the State of Montana as set forth in Section 5095 to Section 5108.14
inclusive of the hevised Codes of ;.Tontana, 1935, as amended by Chapter
78 of the Laws of the Twenty-fifth Legislative Assembly of the State
of Montana, and shall be organized, managed and controlled as in said
law and this ordinance provided.
Section 2. The police department of the Oity of Kalispell shall con-
sist of one Chief of Police and such number of patrolmen as the "ayor
and City Council shall from time to time determine to be necessary.
Section 3. That each member of the police force of the City of Kal-
ispell shall be given one day off duty in each eight -day period without
less of compensation, and that from and after the passage and approval
of this ordinance there shall be paid to each member of the police de-
partment of the City of Kalispell, a monthly minimum wage for a daily
service of eight consecutive hours work of at least One Hundred Sixty
Dollars (-�160.00) per month, plus One Dollar (71.00) per month for
each year of active service after the first year, heretofore rendered
' by them, not exceeding ten (10) years of such service after the first
year.
Section 4. All appointments to the police force must be appointed by
the Mayor and confirmed by the City Council, but no such appointment
must be made until an application for such position on the police force
has been filed with the -Mayor, and by hire referred to the Police Com-
mission, where 311e h commission exists, and such applicant has success-
fully passed the examination required to be held by such police com-
mission and a certificate from such police commission that the appli-
cant has qualified for such appointment has-been filed with the Ilayor.
Every applicant who has passed such exauination and received such
certificate must first serve for a probationary term of not more than
six months. At any time before the end of such probationary term the
Mayor may revoke such appointment. After the end of such probationary
term and within thirty days after, the appointment of such applicant
must be submitted to the City Council and if such appointment is confir-
med by the City Council, such applicant becomes a member of the police
force and shall hold such positi,?n wring good behavior, unless sus-
pended or discharged as provided by law.
Section 5. The Mayor shall nom".nate and with the consent of the City
Council appoint three (3) residents of the City of Kalispell, who shall
have the qualificattons required by law to hold a municipal office
therein and who shall constitute a board to be known by the name of
' "Police Commission" who shall hold office for three (3) years, and that
one such member must be appointed annually, at the first regular meet-
ing of the City Council in May of each year. Provided that at the first
meeting of the City Council after the pas7�age and approval of this or-
dinance, the TRayor, subject to the approval of the Council, shall ap-
point three members of such Police Commission, one to serve until tine
first regular meeting of the Council in P+Tay, 1940, one to serve until
the first regular"raee.tingr.-of the Council in May, 1941, and one to serve
until the first regular meeting of the Council in Mny, 1942, and until
the appointment and confirmation of their successors. The members of
the board shall receive as compensation the sum of $5.00 while in at-
tendance at meetings of the board and shall not be paid for more than
one meeting in any one month.
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Section 6. All applicants for positions on the police force, whose ap-
plications shall have been referred to the Police Commission, shall be
required successfully to undergo an examination before the rolice Com-
mission, and to: receive a certificate from said Commission that the ap-
plicant is qualified for such appointment for the probationary period
upon the police force.
It shall be the duty of the Police Commission to examine all
such applicants as to their age, legal, mental, moral and physical quali-
fications, and their ability to fill the 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 inconsistent with this ordinance or the laws of the State
Any applicant who shall make any false statement to the Police
Commission as to his age or other qualifications required at his examina-
tion before the Police Commission, shall be subject to suspension or dis-
missal from the police force after trial.
Section 7. The City Council shall have absolute and exclusive power to
determine and limit the number of police officers and members to comprise
the police force of the City of Kalispell and to divide the police rieriber-
ship into two lists, one active list, who are to be actually employed and
receive pay while so employed, and one an eligible list, who shall riot re-
ceive pay while not actually employed as an officer or member, and to re-
duce the number of the police force at any time. That such officers or
members of the active list, temporarily relieved, from duty, shall become
members of the eligible list without pay and shall be first entitled to
reinstatement on the active list in case of vacancy#according to their sen-
iority in the services and all others on the eligible list shall be en-
titled to.fi.11 a vacancy, in the order of their appointment. Such action
of the Council shall not be subject to review by any court.
In no event shall there by any officers or members placed on
the eligible list except in case of temporary reduction of the police force
when the number already on the eligible list shall equal in number twenty
per cent of the active list.
Section B. The members of the Police Dep,�rtment on the active list of
the City of Kalispell at the time of their appointment under this ordin-
ance shall not be less than twenty-one (21) years of age, nor cmo re than
thirty-five (35) years of age, but this restriction shall not apply to any
member of the present police department nor to Police neserves herein-
after provided for, nor to honorably discharged soldiers, sailors and
marines of the United States who were in the late war with Oer'.lany and
her Allies.
Section 9. Whenever any member of the police department of the City of
Kalispell, at the time of taking effect of this ordinance or thereafter,
shall have completed twenty years or more in the a_,gre=_rate, either as a
probationary officer, a regular member of such police department or as
a special police officer of said department, in any capacity or rani:
whatsoever, provided that such police officer serving in the United States
Army or '',avy in time of war, or national emergency, shall be given credit
upon his police record for such service in the same manner as though on
active police duty for such time, he may at his option pass from the
active list of police officers of such City of Kalispell and become a
member of the Police neserves of the City of Kalispell, and if he reaches
the age of sixty-five (65) years while in active service he shall pass from
the active list of police officers of the City of Kalispell and become a
member of the Police Reserves of the City of Kalispell.
Section 10. Policemen or officers on the reserve list of the City of
'
Kalispell shall retire
from the active list of
police officers of the
Oity of Kalispell, but
shall be subject to call
for police service or
active duty whenever an
emergency shall rep :ire
or the active list be
temporarily insufficient
for proper policing of
the City of Kalispell,
all under the rules and
regulations as the City
Council shall prescribe.
Section 11. Whenever any policeman or officer shall receive injuries or
disabilities while on duty, or in active discharge of the duties of a
police officer and in line of duty, which injuries or disability shall,
in the opinion of the City Council of the City of Kalispell be of such
character to impair his ability as an active police officer, or incapaci-
tate him for the further discharge of his duties, as such, he shall be-
come a member of the Police Reserves of
manner as though he had arrived at the
of such department.
the City of Kalispell in like
age of transfer to the reserve list
4091
Section 12. Whenever any policeman or officer shall from age or disability
become transferred from the active list of the police officers of the City
of Kalispell to the reserve list of the City of Kalispell, he shall there-
after be paid in monthly payments from the funds in this ordinance provided
for a sum equal to one-half of the salary he was receiving during the year
prior to the time he passed to the Police Reserve list.
Section 13. whenever any member of the police department of the City of
Kalispell shall on account of sickness or disability suffered or sustained
while a member of such police department and not caused or brought cn by
dissipation or abuse, be confined to any hospital or his home, and shall
require medical attention and care, the officer of such police department
may be, by the City Council, allowed his salary as such police officer dur-
ing his absence, and an amount equal to his expenses whil confined for rich
injury or sickness.
Section 14. ^or the purpose of paying the salaries of policemen who have
been placed upon the reserve list of the City of Kalispell, the City Coun-
cil shall in the manner provided by law and at the time of the levy of the
annual tax, levy such special tax of not to exceed one mill on the dollar
upon the assessed valuation of all taxable property within the limits of
the City of Kalispell, which said tax shall be collected as other taxes
and when so collected shall be paid into the fund created for the payment
of such salaries of police officers upon the reserve list.
Section 15. The Treasurer of the City of Kalispell shall retain from the
monthly salary of all police officers upon the active list a sum equal to
one and one-half per centum (12) of the monthly compensation paid eadh of-
fi_cer for his services as such police officer, the said monthly deduction
from the salaries of such police officers shall be paid into the fund
created by the tax levy for the purpose of paying the salaries of pollee
officers upon the reserve list.
Section 16. All moneys withheld from salaries of police officers for the
violation of rules and regulations of such police departments, all bequests,
gifts or emoluments paid or given on account of any extraordinary service
of any member of such police department, except when specifically allowed
to be retained by such officer by the Mayor, Commissioners and Chief of
Police, and all moneys derived from the provision of this ordinance, shall
be placed in the fund created by the tax levy of taxable property and per
centum of salaries withheld from such police officers.
Section 17. The f,md created by the tax levy herein provided for, per
centum of salaries withheld from police officers for violations of rules
and regulations of the police department and Fill such bequests, rifts, or
emoluments paid or given on account of extraordinary services of any member
of the police department not specifically allowed to be retained by such
officer as hereinbefore provided, shall be paid into a fund to be designated
as the Police Pension and Disability Fund in the office of the City Treasurer.
Section 18. All moneys in said fund in excess of such an amount as shall be
deemed from time to time necessary to m-->t current payments to reserve police
officers shall be invested as here`nafter provided and all interest on any
and all moneys belonging to said fund whatsoever source derived shall belong
to and be paid into said fund.
Section 19. A 3oard of Trustees of said Fund shall be and is hereby c_•eated,
to consist of the Mayor, Clerk and Attorney of the City of Kalispell and
two (2) members of the police department from the active list of the police
officers of the City of Kalispell who shall be selected by a majority vote
of the members of the police department on the active list of the City of
Kalispell, the two first selected after the passage and approval of this
ordinance shall be so selected that one shall be selected for a term expir-
ing May 10, 1940 and the other for a term expiring bray 10, 1941, that
annually hereafter between the first and tenth day of May, one -.member shall
be selected for the term of two (2) years. A certificate of the election of
the members or member of the police department selected for said Board of
Trustees shall be immediately upon such selection being made, certified to
the City Clerk of the City of Kalispell, by the Chariman and Secretary of
the meeting at which selection was made.
Section 20. The 13oard of Trustees of said Fund, shall audit the same from
time to time at least twice during each year and report the condition of
said Fund annually to the City Council on or before the first day of April
of each year. And the said 3oard of Trustees, shall invest the money in
said fund from time to time as may be directed by the City Council. 3ut
410
the money of said fund shall not be invested in any other than bonds
of the United States or of the State of Montana, or bonds or warrants of
the City of Kalispell, which are general liabilities of the whole city.
And said trustees shall make sale of such bonds or securities when desir-
able and as directed by the City Council. All such bonds and warrants
shall be deemed part of the said fund and shall be kept in the possession
of the Citv Treasurer and the Treasurer shall be responsible therefor in
the same manner as he is for all other moneys or funds of the city of .
Kalispell. Before any member of the police department is placed on the
reserve list by the City Council, the said Board of Trustees of said fund
shall report to the City Council in writing their recommendations as to
whether or not such member shall be placed upon said reserve list.
Section 21. Said fund shall not be used for any purpose whatsoever, other
than the payment to members of the police department on the reserve list
of the amounts to which they are entitled under the provisions of this or-
dinance.
Section 22. The police commission shall have the iurisdiction 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 dis-
ease, 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 has been found guilty of any crime, or w'ro se conduct has been
such as to bring reproach upon the police force.
Any charge brought against any member of' the police force riust
be in writing in the form requi red by the police commission and a copy
thereof must be served upon the accused officer or member at least three
days before the time fixed for the hearing of such charge.
It is the duty of 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 said police com-
mission. 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.
The chairman, or acting chairman, of the police commission shall
have power to issue subpoenas, attested in its name, to corapel the atten-
dance of witnesses at the hearing and any person duly served with a sub-
poena 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 dis-
trict court in like cases.
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 conmiission, to discip-
line, suspend, remove or discharge any officer who shall have been found
guilty of the charge filed against him.
Such action of the police commission shall, however, be subject
to modification or veto by the Vayor made in writing, giving the reasons
therefor, which shall become the permanent record of the police cornmissian.
The findings and decisions of the police commission shall be
final and conclusive unless modified or vetoed by the 1,"ayor, within five
days from the date of the filing of such findings and decision with the
City clerk of the City of Kalispell.
7Phen a charge against a member of the police force is found
proven by the board and is not vetoed by the Mayor, the '_ayor 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 not be
subject to review by any court on a question of fact.
The district court of the prnper county shall have ,jurisdiction,
however, in a suit brought b.7 an officer or member of the police force, to
determine whether the essential requirements of law as to the method of
trial have been complied with, 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 days after the decision of the police cori-
mission or order of the Mayor has been filed with the City Clerk, and in
no case shall any officer or member who has been suspended or discharged,
411
or placed upon the eligible list, be entitled to any salary or other em-
oluments of office, during the period of suspension, or during the time
he remains upon the eligible list, or from the date of his discharge by
the police commission or the P"nyor, to the time of his reinstatement if
the court should finally find he was entitled to be reinstated. ho court
shall have jurisdiction to hear or determine any question or controversy
concerning the salary or compensation of any member of the police force
now or hereafter accrued, except for services actually rendered.
In no case shall any officer or member of the police force, be dis-
charged without hearing or trial before the police cormiii ssion, as herein
provided.
The Mayor or Chief of 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 then days in any one month, without any
hearing or trial, such suspension to be with or without pay as the order
of suspension *nay determine. The Tiayor of the City of Kalispell shall have
the power and authority at any time when he deems it expedient to employ
not to exceed two persons at one time for a period not to exceed thirty
days to do police duty who are not members of the police department.
Section 23. In every case a police officer must be a citizen of the T.'nited
States,and have been a resident of the City in which he is appointed at
least two years prior to such appointment, such qualifications also to
apply to ever;T officer on the eligible list at the tioae he shall be trans-
ferred to the active list.
F,very police officer must be able to speak and write understand-
ingly the English language.
Section 24. The Police department of the City of Kalispell and the person-
nel thereof, as now organized and existing, shall be deemed to be estab-
li.shed hereunder.
Section 25. No member of
jury duty, or to arrest
'he hold any other office
or town government.
Section 26. No officer or member of the police department shall be a
member of or delegate to any political convention. , nor shall he be present
at such convention except in the performance of duty relating to his posi-
tion as such officer or :member.
the police force shall be liable to military or
on civil process, wY,ile actually on duty, nor shall
or be employed in any other department of the city
Section 27. It shall be unlawful for any officer or member of the police
department to solicit any person to vote at any political caucus, primary,
or election for any candidate, or to challenge any voter, or in any manner
to attempt to influence any voter at any political caucus, primary or at
any election or be a member of any political comrait tee.
Section 28. In addition to the provisions herein contained the City Council
may make any ordinances not inconsistent with this ordinance or any law of
the state, for the government of the police department and for regulating
the pavers and duties of its officers and :members.
Section 29. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 30. This ordinance shall be in full force and effect thirty days
after its passage and approval.
'Passed by
the City Council
this
6th
day of February, 1932.
Approved
by the Moiyor this
6th
day
of February 1939.
Attest: F.T.RORISCHON
City Clerk
State of 13ontana )
County of Flathead) ss
I,F.T.Robischon, City Clerk of the City
certify that on the 7th day of February,
going ordinance in my office and the sar
of five days and the foregoing is a true
by the City Council. I
Dated this 18th day of Februar3r,]93W,
F. 0. � TLUM S
Mayor --
of Kalispell, Montana, do hereby
1939, I posted a copy of the fore-
e remained so posted for a period
the ordinance as passed