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

Mont. Code Ann. § 7-32-4164 (2026)

Right To Appeal

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  1. MCA Contents
  2. TITLE 7
  3. CHAPTER 32
  4. Part 41
  5. 7-32-4164 Right to appeal

TITLE 7. LOCAL GOVERNMENT

CHAPTER 32. LAW ENFORCEMENT

Part 41. Municipal Police Force

Right To Appeal

7-32-4164. Right to appeal. A member of the police force who is disciplined, suspended, removed, or discharged as a result of a decision by the mayor, city manager, or chief executive has a right of appeal:

(1) pursuant to the terms of a grievance procedure contained in a collective bargaining agreement if the member is covered by a collective bargaining agreement; or

(2) to the police commission. A final decision of the police commission may be appealed to the district court of the proper county. The district court has jurisdiction to review all questions of fact and all questions of law in a suit brought by any officer or member of the police force. A suit to review a decision or an order or for reinstatement to office may not be maintained unless the suit is begun within a period of 60 days after the decision by the police commission has been filed with the city clerk.

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(8); amd. Sec. 11, Ch. 468, L. 1993.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1987–2024 · leading case: Rooney v. City of Cut Bank, 2012 MT 149, 286 P.3d 241.
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Rooney v. City of Cut Bank, 2012 MT 149, 286 P.3d 241. · cites it 7× “While §7-32-4164, MCA, extends to police officers the “right to appeal” their discharge by the mayor, nothing in the police commission statutes makes appeal to the police commission the sole remedy for a police officer’s alleged wrongful discharge.”
Gentry v. City of Helena, 773 P.2d 309 (Mont. 1989). · cites it 10× “Section 7-32-4164, MCA. In this case, the officers petitioned for review before the District Court, First Judicial District, Lewis and Clark County.”
Matter of Termination of Wong, 827 P.2d 90 (Mont. 1992). · cites it 6× “Section 7-32-4164, MCA. The City of Billings contends that the District Court erred in holding that the formal complaint should have been served on Wong prior to March 27, 1989.”
Abbey v. City of Billings Police Comm'n, 886 P.2d 922 (Mont. 1994). · cites it 2× “When the decision on review by a district court of *360 proceedings before a police commission is conducted under § 7-32-4164, MCA, and the district court decision is appealed to us, we adopt the standard of review set forth in the Montana Administrative Procedure Act, §…”
City/Cnty. of Butte-Silver Bow v. Montana State Bd., 732 P.2d 835 (Mont. 1987). · cites it 6× “His termination as an officer was approved by the chief executive of Butte-Silver Bow, pursuant to Section 7-32-4161, MCA.”
Larry Reinlasoder v. City of Colstrip, 657 F. App'x 636 (9th Cir. 2016). “, Mont. Code Ann. § 7-32-4164 (providing the right to appeal a termination decision to the Police Commission);.”
Butte v. Butte Police, 2024 MT 292, 559 P.3d 1248. · cites it 7× “” In accordance with 13 the policy behind collective bargaining agreements and the concomitant narrow review of an arbitration award by a district court, § 7-32-4164, MCA, provides: A member of the police force who is disciplined, suspended, removed, or discharged .”
McGinnis v. City of East Helena, 2002 MT 254N. · cites it 5× “Section 7-32-4164, MCA. 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.”
Mont. Code Ann. § 7-32-4164(2): 1 case
Rooney v. City of Cut Bank, 2012 MT 149, 286 P.3d 241. “While §7-32-4164, MCA, extends to police officers the “right to appeal” their discharge by the mayor, nothing in the police commission statutes makes appeal to the police commission the sole remedy for a police officer’s alleged wrongful discharge.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.