7-32-4160. Decision by police commission. The police commission shall, after the conclusion of the hearing, decide the appeal and must have the power, by a decision of a majority of the commission, to sustain, modify, or overrule the disciplinary order of the mayor, city manager, or chief executive.
Montana Code Annotated
Mont. Code Ann. § 7-32-4160 (2026)
Decision By Police Commission
✓ current as of May 2026
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TITLE 7. LOCAL GOVERNMENT
CHAPTER 32. LAW ENFORCEMENT
Part 41. Municipal Police Force
Decision By Police Commission
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(5), (6); amd. Sec. 9, Ch. 468, L. 1993.
Notes of Decisions
Cited in 7
cases, 1985–2017 · leading case: Raynes v. City of Great Falls, 696 P.2d 423 (Mont. 1985).
Raynes v. City of Great Falls, 696 P.2d 423 (Mont. 1985). “" The word "mayor" as used in section 7-32-4160, MCA, is intended to apply to the person who is identified or designated as the chief executive of any city or municipality.”
Folsom v. Montana Pub. Employees' Ass'n, 2017 MT 204, 400 P.3d 706. “” Section 7-32-4160, MCA. On January 16, 2015, almost two years after the City’s notice of intent to terminate, a year after he misrepresented to Folsom that he had filed the action, and 6 months after Folsom filed this action, MPEA, through Picotte, filed a separate district…”
Abbey v. City of Billings Police Comm'n, 886 P.2d 922 (Mont. 1994). “In reviewing the actions of the City Administrator, the District Court concluded that the City Administrator had not exceeded his authority pursuant to § 7-32-4160, MCA, when he modified the ruling of the Police Commission.”
Gentry v. City of Helena, 773 P.2d 309 (Mont. 1989). “Section 7-32-4160, MCA. In this case, it appears that the Commission, and the City Manager, acted within the powers given to them by statute.”
Rooney v. City of Cut Bank, 2012 MT 149, 286 P.3d 241. “” Section 7-32-4160, MCA. The police officer has a right to appeal the police commission’s decision to the district court, which ‘has jurisdiction to review all questions of fact and all questions of law.”
Folsom V.Whitefish Police MPEA, 2017 MT 204. “” Section 7-32-4160, MCA. 4 Folsom and MPEA waived the police commission remedy under the terms of the CBA by failing to timely initiate CBA Step 3.”
McGinnis v. City of East Helena, 2002 MT 254N. “The commission’s duty is to hear and decide appeals, § 7- 32-4155(1), MCA, and it has the power to sustain, modify, or overrule a disciplinary order of the 14 mayor, § 7-32-4160, MCA. The following procedure is required to bring an appeal: An appeal brought by any member of the…”
Mont. Code Ann. § 7-32-4160(2): 2 cases
Gentry v. City of Helena, 773 P.2d 309 (Mont. 1989). “Section 7-32-4160, MCA. In this case, it appears that the Commission, and the City Manager, acted within the powers given to them by statute.”
Abbey v. City of Billings Police Comm'n, 886 P.2d 922 (Mont. 1994). “In reviewing the actions of the City Administrator, the District Court concluded that the City Administrator had not exceeded his authority pursuant to § 7-32-4160, MCA, when he modified the ruling of the Police Commission.”
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