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23.14.803    PRELIMINARY PROCEDURE IN PROCEEDINGS FOR SUSPENSION OR REVOCATION OF CERTIFICATION

(1) Any complaint made against a public safety officer that alleges grounds for suspension or revocation shall be made initially to the appropriate governmental unit. The appropriate governmental unit shall issue a written ruling on the initial complaint. Thereafter, if a complainant wishes to pursue his complaint with the council, the complaint must be in writing and provide at least the following information:

(a) Name, address, and telephone number of the complainant (the director may keep this information confidential for good cause shown) ;

(b) Name and place of employment of the person complained against;

(c) A full and complete description of the incident; and

(d) The signature, address, and telephone number of the local chief of police or sheriff (the director may waive this requirement for good cause shown) .

(2) Complaints made by or filed with the director shall be investigated by him and such staff of the board of crime control as he deems necessary.

(3) Following review and investigation of a complaint, the director may take any appropriate action, including but not limited to the following:

(a) Forward the complaint to the council for formal proceedings;

(b) File a formal complaint with the council on his own behalf;

(c) Send a written letter of inquiry to the subject of the complaint, explaining the allegation of violation and requesting an explanation or statement of intent to cure the violation;

(d) Accept the voluntary surrender of a certificate issued by the council, or

(e) For good cause, close the investigation of the complaint.

(4) In all cases that are not forwarded to the council for formal proceedings, the director shall, when the case is closed, file a written report setting forth the circumstances and resolution of the case.

History: Sec. 44-4-301 MCA; IMP, Sec. 44-4-301 MCA; NEW, 1994 MAR p. 1449, Eff. 5/27/94.

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