Montana Administrative Register Notice 23-13-240 No. 23   12/11/2014    
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In the matter of the adoption of New Rules I through XIV; the amendment of ARM 23.13.101, 23.13.201, 23.13.203, 23.13.204, 23.13.205,     23.13.206, 23.13.207, 23.13.208, 23.13.209, 23.13.210, 23.13.211, 23.13.301, 23.13.304, 23.13.702, 23.13.703, 23.13.704, and 23.13.711; the transfer and amendment of ARM 23.13.401, 23.13.501, 23.13.701, 23.13.710, and 23.13.712; and the repeal of ARM 23.13.202 pertaining to the certification of public safety officers
















TO: All Concerned Persons


1. On August 7, 2014, the Public Safety Officer Standards and Training Council (POST Council) published MAR Notice No. 23-13-240 pertaining to the public hearing on the proposed adoption, amendment, transfer and amendment, and repeal of the above-stated rules at page 1698 of the 2014 Montana Administrative Register, Issue Number 15.


2. The POST Council has adopted New Rules I (23.13.214), III (23.13.103), IV (23.13.705), V (23.13.707), VI (23.13.709), VII (23.13.713), VIII (23.13.714), IX (23.13.715), X (23.13.716), XI (23.13.706) XII (23.13.720), XIII (23.13.104), and XIV (23.13.216); amended ARM 23.13.101, 23.13.201, 23.13.203, 23.13.204, 23.13.205, 23.13.206, 23.13.207, 23.13.208, 23.13.209, 23.13.210, 23.13.211, 23.13.301, 23.13.702, 23.13.703, 23.13.704, and 23.13.711; transferred and amended ARM 23.13.401 (23.13.212), 23.13.501 (23.13.213), and 23.13.701 (23.13.102); and repealed ARM 23.13.202 as proposed.


3. The POST Council has adopted New Rule II (23.13.215), amended ARM 23.13.304, and transferred and amended ARM 23.13.710 (23.13.719) and 23.13.712 (23.13.721) as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:


NEW RULE II FIREARMS PROFICIENCY STANDARDS  (1) through (2)(c) remain as proposed.

(d) Patrol rifle – a minimum of 20 rounds fired at a distance ranging from point-blank to 100 50 yards;

(e) through (4) remain as proposed.


23.13.304  THE BASIC COURSES (1) and (2) remain as proposed.

(3)  The council will review and approve the curriculum for all basic public safety officers' courses. The review may consist of by examining and approving the course syllabus and/or a thorough review of individual course performance objectives and lesson plans which have been established for each designated training block within the prescribed subject areas.

(a) All lesson plans submitted to the POST Council for accreditation must contain, at a minimum:

(i) the title of the lesson plan;

(ii) the training goal of the lesson plan;

(iii) application level performance objectives;

(iv) the method of evaluation;

(v) the student materials and handouts;

(vi) course content references.

(4) remains as proposed.


23.13.710 (23.13.706 23.13.719)  DECISION AND ORDER, STAYS 

(1) through (6) remain as proposed.


23.13.712 (23.13.718 23.13.721) APPEALS  (1) remains as proposed.


4. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:


COMMENTS 1-3: These comments were submitted by Mike McCarthy, Montana Law Enforcement Academy; Jesse Slaughter, Great Falls Police Department; and Clint Pullman, Lewis and Clark County Sheriff's Office. All three take issue with the appropriateness of Proposed New Rule II (23.13.215), which requires peace officers to qualify with the patrol rifle at a distance of 100 yards. Deputy Pullman testified that the LCCSO range does not extend to a distance of 100 yards and that he is aware that most agencies in Montana do not have rifle ranges that will allow qualification at a distance of 100 yards.  Deputy Pullman provided a copy of the LCCSO training regimen and testified that in the opinion of the LCCSO training at a range of 50 yards provides an appropriate standard for this weapon. The other comments were to similar effect.


RESPONSE: The council agrees that qualification at 100 yards with a patrol rifle is unnecessary and could be burdensome to agencies throughout the state. The proposed rule has been amended to reflect a change from 100 yards to 50 yards for the patrol rifle.


COMMENT 4: Comment from Roger Thompson, Madison County Undersheriff. Undersheriff Thompson states that his agency and many others around the state occasionally hire POST-certified officers on a part-time basis and pay them by the hour. This creates a problem for the agencies because the statutes do not address the status of a part-time certified officer compensated in this way. These officers cannot be considered reserve officers because by definition reserve officers are volunteers who are unpaid. They cannot be considered a "law enforcement officer" under 7-32-201, MCA, because under that section a "law enforcement officer" is a full-time employee.  Undersheriff Thompson proposes an amendment to the proposed rules to define a "peace officer" under 44-4-401, MCA, to include a POST-certified officer employed on a part-time basis.


RESPONSE: The council found that this issue is outside of the scope of its rulemaking authority and declines to make the suggested change.


COMMENT 5: Comment from Kevin Olson, Administrator, Montana Law Enforcement Academy. Mr. Olson supports review of the Basic Course curriculum as proposed in amended ARM 23.13.304. He questions, however, the ability of the POST Council and its staff to conduct the review to the depth provided in the rule as proposed to be amended. Mr. Olson proposes amendments to the rule that would make the degree of review discretionary and eliminate the list in (3) of mandatory components of lesson plans submitted to the council for approval.


RESPONSE: The council agrees with Mr. Olson's comment. It adopted Mr. Olson's proposed changes.



/s/ Matt Cochenour                                     /s/ Tony Harbaugh             

Matt Cochenour                                         Tony Harbaugh

Rule Reviewer                                           Chairman

                                                                 Public Safety Officer Standards and Training Council


Certified to the Secretary of State December 1, 2014.



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