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23.13.703    PRELIMINARY PROCEDURE IN PROCEEDINGS FOR SUSPENSION OR REVOCATION OF CERTIFICATION

(1) Any complaint made against a public safety officer that alleges grounds for sanction, suspension, or revocation that is not made by the director or the governmental unit employing the officer shall be made initially to the appropriate governmental unit by the complainant.

(2) The appropriate governmental unit shall issue a written ruling on the initial complaint. A copy of the initial complaint and the governmental unit's written ruling shall be forwarded to the director.

(3) If a complainant wishes to pursue their 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; and

(c) a full and complete description of the incident.

(4) Complaints made by or filed with the director shall be investigated by the director and/or their designee.

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

(a) file a formal complaint with the council on their own behalf;

(b) 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;

(c) issue an appropriate sanction, enter into a stipulation or memorandum of understanding with the officer or his counsel, or otherwise informally resolve the complaint;

(d) accept the voluntary surrender of a certificate issued by the council; or

(e) for good cause, recommend closure of the investigation of a complaint.

(6) 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: 2-15-2029, MCA; IMP, 2-15-2029, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08.

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