Mont. Code Ann. » TITLE 7. LOCAL GOVERNMENT · CHAPTER 32. LAW ENFORCEMENT · Part 41. Municipal Police Force
Montana Code Annotated

Mont. Code Ann. § 7-32-4113 (2026)

Probationary Period And Confirmation Of Appointment

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  1. MCA Contents
  2. TITLE 7
  3. CHAPTER 32
  4. Part 41
  5. 7-32-4113 Probationary period and confirmation of appointment

TITLE 7. LOCAL GOVERNMENT

CHAPTER 32. LAW ENFORCEMENT

Part 41. Municipal Police Force

Probationary Period And Confirmation Of Appointment

7-32-4113. Probationary period and confirmation of appointment. (1) Every applicant who has passed the examination and received the certificate referred to in 7-32-4108 must first serve for a probationary term of not more than 1 year. At any time before the end of such probationary term, the mayor, or the manager in those cities operating under the commission-manager plan, may revoke such appointment.

(2) After the end of such probationary period and within 30 days thereafter, the appointment of such applicant must be submitted to the city council or commission, and if such appointment is confirmed by the city council or commission, such applicant becomes a member of the police force and shall hold such position during good behavior unless suspended or discharged as provided by law.

History: En. Sec. 3, Ch. 136, L. 1907; Sec. 3306, Rev. C. 1907; amd. Sec. 1, Ch. 198, L. 1921; re-en. Sec. 5097, R.C.M. 1921; amd. Sec. 2, Ch. 119, L. 1923; re-en. Sec. 5097, R.C.M. 1935; amd. Sec. 3, Ch. 152, L. 1947; amd. Sec. 1, Ch. 160, L. 1973; R.C.M. 1947, 11-1803(part).

Notes of Decisions
Cited in 4 cases, 2000–2010 · leading case: Ritchie v. Town of Ennis ex rel. Hernandez, 2004 MT 43, 86 P.3d 11.
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Ritchie v. Town of Ennis ex rel. Hernandez, 2004 MT 43, 86 P.3d 11. · cites it 99× “The Town moved for summary judgment, asserting the Mayor had discretion to discharge Ritchie under § 7-32-4113, MCA, because he had not completed his probationary status.”
Hobbs v. City of Thompson Falls, 2000 MT 336, 15 P.3d 418. · cites it 17× “He alleged that the City’s own written policies provided for a six-month probationary period and that pursuant to § 7-32-4113, MCA, his probationary period could not exceed one year.”
Hunter v. City of Great Falls, 2002 MT 331, 61 P.3d 764. · cites it 14× “" Section 7-32-4113, MCA. In other words, the Legislature set a statutory maximum probationary term for a police officer of one year.”
Blehm v. St. John's Lutheran Hosp., Inc., 2010 MT 258, 246 P.3d 1024. · cites it 2× “That case was expressly not decided under the Wrongful Discharge From Employment Act, hut under a separate statute applicable to municipal law enforcement officers, §7-32-4113, MCA. Ritchie, ¶ 16. 3 Blehm also argues that §39-2-904, MCA, violates the Supremacy Clause of the…”
Mont. Code Ann. § 7-32-4113(1): 1 case
Hobbs v. City of Thompson Falls, 2000 MT 336, 15 P.3d 418. “He alleged that the City’s own written policies provided for a six-month probationary period and that pursuant to § 7-32-4113, MCA, his probationary period could not exceed one year.”
Mont. Code Ann. § 7-32-4113(2): 1 case
Hobbs v. City of Thompson Falls, 2000 MT 336, 15 P.3d 418. “He alleged that the City’s own written policies provided for a six-month probationary period and that pursuant to § 7-32-4113, MCA, his probationary period could not exceed one year.”
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