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

(1) The council shall consider and rule on any complaint made against any public safety officer that may result in the sanction, revocation, or suspension of that officer's certification.

(2) The grounds for sanction, suspension, or revocation of the certification of public safety officers are as follows:

(a) willful falsification of material information in conjunction with official duties;

(b) a physical or mental condition that substantially limits the person'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 cannot be eliminated by reasonable accommodation;

(c) addiction to or the unlawful use of controlled substances or other drugs;

(d) unauthorized use of or being under the influence of alcoholic beverages while on duty, or the use of alcoholic beverages in a manner which tends to discredit the profession;

(e) the commission of a felony, an offense which would be a felony if committed in this state, or an offense involving dishonesty, unlawful sexual conduct, or physical violence;

(f) neglect of duty or willful violation of orders or policies, procedures, rules, or regulations;

(g) willful violation of the code of ethics set forth in these rules;

(h) other conduct or a pattern of conduct which tends to significantly undermine public confidence in the profession;

(i) failure to meet the minimum standards for employment set forth in these rules;

(j) failure to meet the minimum training requirements provided in these rules; or

(k) acts that are reasonably identified or regarded as so improper or inappropriate that by their nature and in their context are harmful to the agency's or officer's reputations.

(3) Conviction of any felony, an offense which would be a felony if committed in this state, or of an offense for which the person could have been imprisoned in a federal or state penitentiary will be cause for an automatic referral to the council for revocation of an officer's certification.

History: 2-15-2029, MCA; IMP, 2-15-2029, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08.

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