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

Mont. Code Ann. § 7-32-4155 (2026)

Role Of Police Commission In Hearing And Deciding Appeals Brought By Police Officers

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  1. MCA Contents
  2. TITLE 7
  3. CHAPTER 32
  4. Part 41
  5. 7-32-4155 Role of police commission in hearing and deciding appeals brought by police officers

TITLE 7. LOCAL GOVERNMENT

CHAPTER 32. LAW ENFORCEMENT

Part 41. Municipal Police Force

Role Of Police Commission In Hearing And Deciding Appeals Brought By Police Officers

7-32-4155. Role of police commission in hearing and deciding appeals brought by police officers. (1) The police commission shall hear and decide appeals brought by any member or officer of the police department who has been disciplined, suspended, removed, or discharged by an order of the mayor, city manager, or chief executive.

(2) The police commission shall, at the time set for hearing an appeal of a police officer, hear and determine the appeal according to the rules of evidence applicable to courts of record in the state.

History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(part); amd. Sec. 5, Ch. 468, L. 1993; amd. Sec. 721, Ch. 61, L. 2007.

Notes of Decisions
Cited in 9 cases, 1985–2017 · leading case: Folsom v. Montana Pub. Employees' Ass'n, 2017 MT 204, 400 P.3d 706.
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Folsom v. Montana Pub. Employees' Ass'n, 2017 MT 204, 400 P.3d 706. · cites it 6× “Picotte submitted a notice of appeal to the City Police Commission pursuant *312 to CBA Step 4 and § 7-32-4155(1), MCA. 5 In response, the City reasserted that Folsom and MPEA waived the police commission remedy under the terms of the CBA by failing to timely initiate CBA Step 3.”
Rooney v. City of Cut Bank, 2012 MT 149, 286 P.3d 241. · cites it 7× “¶3 Rooney then appealed to the City’s Police Commission pursuant to § 7-32-4155, MCA. The Police Commission held an evidentiary hearing at which Rooney represented himself.”
Raynes v. City of Great Falls, 696 P.2d 423 (Mont. 1985). · cites it 4× “Because these statutes are intended to apply to all forms of municipal government where the powers of mayor vastly differ, section 7-32-4153, MCA cited above, provide that when the term "mayor" is used in section 7-32-4155 through X-XX-XXXX, the term is intended to refer to…”
Gentry v. City of Helena, 773 P.2d 309 (Mont. 1989). · cites it 6× “Section 7-32-4155, MCA, gives the Police Commission the power to decide all charges of misconduct brought against any police officer who has been guilty of misconduct in his office, or of conduct unbecoming a police officer, or whose conduct has been such as to bring reproach…”
Matter of Termination of Wong, 827 P.2d 90 (Mont. 1992). · cites it 7× “Section 7-32-4155, MCA. Charges must be in writing and served upon the police officer at least fifteen days before the time fixed for the hearing.”
Matter of Raynes, 698 P.2d 856 (Mont. 1985). · cites it 3× “Raynes, pursuant to section 7-32-4155, MCA, which gives the Police Commission jurisdiction to hear such matters.”
City/Cnty. of Butte-Silver Bow v. Montana State Bd., 732 P.2d 835 (Mont. 1987). · cites it 10× “The Butte-Silver Bow Law Enforcement Commission heard charges brought against police officer Gale Wood pursuant to Section 7-32-4155, MCA, which is part of the Metropolitan Police Act, and Butte-Silver Bow Ordinance 14, which in pertinent parts is identical to the state act.”
Wood v. Butorovich, 716 P.2d 608 (Mont. 1986). · cites it 6× “The sole issue on appeal is whether the Butte-Silver Bow Law Enforcement Commission was properly empanelled when, following a hearing pursuant to Section 7-32-4155, MCA, it decided to discharge the appellant police officer.”
Folsom V.Whitefish Police MPEA, 2017 MT 204. · cites it 6× “Picotte submitted a notice of appeal to the City Police Commission pursuant to CBA Step 4 and § 7-32-4155(1), MCA.5 In response, the City reasserted that 2 The record on appeal indicates that a factual dispute may persist as to whether MPEA’s attempted initiation of the Step 3…”
Mont. Code Ann. § 7-32-4155(1): 3 cases
Folsom v. Montana Pub. Employees' Ass'n, 2017 MT 204, 400 P.3d 706. “Picotte submitted a notice of appeal to the City Police Commission pursuant *312 to CBA Step 4 and § 7-32-4155(1), MCA. 5 In response, the City reasserted that Folsom and MPEA waived the police commission remedy under the terms of the CBA by failing to timely initiate CBA Step 3.”
Rooney v. City of Cut Bank, 2012 MT 149, 286 P.3d 241. “¶3 Rooney then appealed to the City’s Police Commission pursuant to § 7-32-4155, MCA. The Police Commission held an evidentiary hearing at which Rooney represented himself.”
Folsom V.Whitefish Police MPEA, 2017 MT 204. “Picotte submitted a notice of appeal to the City Police Commission pursuant to CBA Step 4 and § 7-32-4155(1), MCA.5 In response, the City reasserted that 2 The record on appeal indicates that a factual dispute may persist as to whether MPEA’s attempted initiation of the Step 3…”
Mont. Code Ann. § 7-32-4155(2): 1 case
Rooney v. City of Cut Bank, 2012 MT 149, 286 P.3d 241. “¶3 Rooney then appealed to the City’s Police Commission pursuant to § 7-32-4155, MCA. The Police Commission held an evidentiary hearing at which Rooney represented himself.”
Mont. Code Ann. § 7-32-4155(l)(b): 1 case
Wood v. Butorovich, 716 P.2d 608 (Mont. 1986). “The sole issue on appeal is whether the Butte-Silver Bow Law Enforcement Commission was properly empanelled when, following a hearing pursuant to Section 7-32-4155, MCA, it decided to discharge the appellant police officer.”
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