montana public safety officer standards and training council … · 2018-03-02 · montana public...

MONTANA Public Safety Officer Standards and Training Council Meeting Agenda ~ February 7, 2018

Face to Face Meeting 8:00 a.m. ~ 12:30 p.m. MLEA Rooms 213 & 214

2260 Sierra Road East Helena, MT 59602

Dial-in Participant Information Dial-in number: (866) 576-7975

Access code: 612394 I. 8:00 a.m. ~ Call meeting to order, roll call, identify and welcome guests.

II. 8:05 a.m. ~ Approval of minutes for October 6, 2017 POST Meeting

III. 8:15 a.m. ~ Public Comment/Guest Issues IV. 8:30 a.m. ~ Old Business

1. ARMs

V. 9:30 a.m. ~ Break

VI. 9:45 a.m. ~ New Business 1. Kristina Neal ~ POST Legal Counsel Introduction 2. Jesse Slaughter’s Resignation Letter 3. LEOB Syllabus ~ (1 less hour of patrol operations/1 more hour of human

trafficking) 4. Legislative Proposal 5. Discussion About a Sunset on Previous Trainings 6. Discussion About Suspension/Revocation Time Criteria 7. Director’s Report

i. Budget ii. Modified FTE

iii. Database iv. MSPOA & MACOP v. IADLEST ~ Western Region Meeting Update

vi. Certificates Awarded ~ 378 vii. Equivalency Granted

1. Mark Strangio, Investigator ~ DCI 2. Joshua Geissel, Officer ~ Missoula PD 3. Kyle Queer, Game Warden ~ FWP 4. Paul Morris, Officer ~ Billings PD 5. Adam Jacques, Deputy ~ Chouteau County SO 6. Brenden Trujillo, Deputy ~ Yellowstone Country SO 7. Joseph Brown, Deputy ~ Park County SO 8. Robert Moura, Detention Officer ~ Glacier County SO 9. Marvin Goffena, Deputy ~ Ravalli County SO

viii. Extensions Granted 1. Cavin Fields, Officer ~ Cut Bank PD 2. Coy Sheets, Officer ~ Miles City PD 3. Micah Mitchell, Detention Officer ~ Richland County SO 4. Patsy Hysell, Detention Officer ~ Pondera County SO 5. Gregory Brooks, Officer ~ Sidney PD 6. Jered Delaney, Deputy ~ Stillwater County SO 7. Jarrett Danz, Detention Officer ~ Flathead County SO 8. Timothy Cook, Detention Officer ~ Yellowstone County SO 9. Hannah Hurd, Detention Officer ~ Yellowstone County SO 10. Kayla Smith, Detention Officer ~ Hill County SO 11. Krystyn Poag, Detention Officer ~ Hill County SO 12. Jacob Lohman, Detention Officer ~ Hill County SO 13. Robert Walters, Corrections Officer ~ Montana Women’s Prison 14. Wesley Brutlag, Corrections Officer ~ Montana Women’s Prison

ix. Cases Open/Closed x. Office Updates

1. Karli Lindberg Status 2. General

VII. 11:00 a.m. ~ Committee Reports

1. Business Plan/Policy ~ Kimberly Burdick 2. ARM ~ Bill Dial 3. Case Status ~ John Strandell 4. Curriculum ~ Kevin Olson 5. Coroner ~ Lewis Smith

VIII. 12:00 p.m. ~ Meeting Adjourned

* Executive Sessions are closed to the public in order to protect the privacy rights of individuals. Times are approximate, except for public comment; actual times may vary depending on presentation/discussion time.

Council Meeting Dates Wednesday, May 30, 2018

Wednesday, October 3, 2018

1

1 MT POST COUNCIL MEETING

2 OCTOBER , 2017

3 BLM BUSINESS OFFICE

4 MILES CITY, MT

5

6 Council members present: Tony Harbaugh - Council

7 Chair, Kimberly Burdick (by phone), Ryan Oster,

8 Jesse Slaughter (by phone), Bill Dial, Tim Neiter,

9 Jim Thomas, Lewis Smith, Leo Dutton.

10

11 Council Members Not Present: Lewis Matthews, Tia

12 Robbin, Kevin Olson, John Strandell.

13

14 Staff Members Present: Perry Johnson, Executive

15 Director; Mary Ann Keune, Administrative Officer;

16 Katrina Bolger, Paralegal/Investigator.

17

18 POST Legal Counsel:

19 Chris Tweeten (By telephone)

20

21 Guests present:

22 Frank DiFonzo - Chief, Sidney Police Department

23 John Dynneson - Sheriff, Richland County

24 Jeff Faycosh - Montana DCI

25 Lori Harbaugh - BLM

2

1 Trenton Harbaugh - Sheriff, Fallon County

2 Frank Garner - HD7 Representative

3 Dan Cederberg - by phone - Legal Counsel for

4 Missoula Correctional Services

5 Truman Tolson - Missoula Police Department

6 Rich McLean - Chief, Bozeman Police Department

7 Gen Stasiak - Gallatin County Court Services

8

9 WHEREUPON, the following proceedings were

10 had:

11 * * * * *

12 CHAIRMAN HARBAUGH: It is 8:00 and I'll

13 call this meeting to order. We probably should do

14 roll call. Do you want to do roll call first or

15 introductions?

16 MR. JOHNSON: Absolutely. Let's do roll

17 call. Kimberly Burdick.

18 UNKNOWN SPEAKER: Kim, are you here?

19 MR. JOHNSON: Kimberly, can you hear us?

20 MS. BURDICK: Yes, I can. Sorry about

21 that.

22 MR. JOHNSON: Bill Dial.

23 MR. DIAL: Here.

24 MR. JOHNSON: Tony Harbaugh.

25 CHAIRMAN HARBAUGH: Here.

3

1 MR. JOHNSON: Lewis Matthews.

2 (No response)

3 MR. JOHNSON: Lewis Matthews. He told

4 me he'd call in. Kevin Olson. Kevin, are you on

5 the phone?

6 (No response)

7 CHAIRMAN HARBAUGH: Anybody on the

8 phone?

9 MR. JOHNSON: Ryan Oster.

10 MR. OSTER: Here.

11 MR. JOHNSON: Tia Robbin. Tia, are you

12 on the phone?

13 (No response)

14 UNKNOWN SPEAKER: I thought she was

15 going to call in, too.

16 MR. JOHNSON: Jesse Slaughter.

17 MR. SLAUGHTER: Here.

18 MR. JOHNSON: Good morning, Jess.

19 MR. SLAUGHTER: Good morning.

20 MR. JOHNSON: John Strandell.

21 (No response)

22 MR. JOHNSON: Jim Thomas.

23 MR. THOMAS: Here.

24 MR. JOHNSON: Tim Neiter.

25 MR. NEITHER: Here.

4

1 MR. JOHNSON: Leo Dutton.

2 MR. DUTTON: Here.

3 MR. JOHNSON: Lewis Smith.

4 MR. SMITH: Here.

5 MR. JOHNSON: We've got eight.

6 CHAIRMAN HARBAUGH: Make decisions.

7 Maybe what we could do is ask our guests that are

8 here this morning to introduce themselves as well.

9 Jeff, if you'd like to start.

10 MR. FAYCOSH: Jeff Faycosh with the

11 Division of Criminal Investigation.

12 MR. DYNNESON: John Dynneson.

13 (No recording)

14 UNKNOWN SPEAKER: Hello?

15 UNKNOWN SPEAKER: Hello?

16 MR. CEDERBERG: This is Dan Cederberg.

17 I think maybe we're the folks that are dialed in,

18 and maybe we lost connection -- (inaudible) --

19 UNKNOWN SPEAKER: It sounds like it went

20 dead.

21 MR. CEDERBERG: Yes.

22 MR. TWEETEN: I guess we should all call

23 in again.

24 MR. CEDERBERG: Okay. I'm going to hang

25 up and try to call in again.

5

1 UNKNOWN SPEAKER: Same here.

2 MR. JOHNSON: There you go. Got a green

3 light now.

4 CHAIRMAN HARBAUGH: Are any of you there

5 yet?

6 UNKNOWN SPEAKER: They said they're all

7 going to call in, or hang up and call in again.

8 MS. BOLGER: Mary Ann, this is Katrina.

9 We were not hearing the room. We were only

10 hearing the people on the phone. So a bunch of

11 them hung up and are going to call back in.

12 MS. KEUNE: Can you hear me, Katrina?

13 MS. BOLGER: Yes, I can hear you now,

14 but you guys cut out after you started having the

15 guests introduce themselves.

16 MS. KEUNE: Okay. All righty.

17 (Inaudible conversation)

18 CHAIRMAN HARBAUGH: If each of you would

19 identify yourselves as you come on line. I think

20 we've got the problem fixed now.

21 MS. BURDICK: Kimberly is back.

22 MS. BOLGER: Katrina Bolger is on the

23 phone.

24 MR. SLAUGHTER: Jesse Slaughter.

25 MR. TOLSON: Truman Tolson.

6

1 MR. CEDERBERG: Dan Cederberg.

2 MR. McLEAN: Rich McLean.

3 MS. STASIAK: Gen Stasiak.

4 MR. JOHNSON: Could you say your name

5 again, please?

6 MS. STASIAK: Gen with a "G", G-E-N,

7 Stasiak, S-T-A-S-I-A-K.

8 MR. JOHNSON: Good morning, Gen.

9 MS. STASIAK: Good morning.

10 MR. TWEETEN: Perry, this is Chris

11 Tweeten. I think all of your folks on the phone

12 got cut off.

13 MR. JOHNSON: They're back.

14 MR. TWEETEN: Are they back? Okay.

15 Well, I'm dialing in again, so I'm here.

16 CHAIRMAN HARBAUGH: Anyone else on the

17 call that has not identified themselves?

18 MR. TOLSON: Did you get me, Tony? This

19 is Truman.

20 CHAIRMAN HARBAUGH: Yes, we did, Truman.

21 Thank you. I guess anything before we move to

22 approval on the minutes?

23 MR. JOHNSON: No.

24 CHAIRMAN HARBAUGH: Everyone received a

25 copy of the minutes of our last meeting?

7

1 MR. JOHNSON: Wait a minute. Mary Ann,

2 have you got something?

3 MS. KEUNE: I don't have everybody's --

4 sorry. I have to go call.

5 CHAIRMAN HARBAUGH: I would entertain a

6 motion to approve the minutes of the May 31st

7 meeting.

8 UNKNOWN SPEAKER: So moved.

9 CHAIRMAN HARBAUGH: Second.

10 MS. BURDICK: Second. Kimberly.

11 CHAIRMAN HARBAUGH: I have a motion and

12 a second to approve the minutes of the previous

13 meeting. We'll move to an immediate vote. All

14 those in favor, please signify by saying aye.

15 (Response)

16 CHAIRMAN HARBAUGH: Opposed, same sign.

17 (No response)

18 CHAIRMAN HARBAUGH: Motion carries. We

19 have time now set aside for public comment.

20 Anyone who would like to make a comment from the

21 public.

22 MR. CEDERBERG: This is Dan Cederberg,

23 and my interest in the meeting is with regard to

24 the ARMs that are going to be considered later,

25 the next agenda item, I guess. And I wasn't sure

8

1 if there was going to be time during the ARM

2 discussion for public comment. If so, I'll

3 reserve my comments until then. If not, I'll make

4 my comments now.

5 CHAIRMAN HARBAUGH: Dan, if you would be

6 willing to hold that until the ARMs discussion,

7 that would be fine. You will given an

8 opportunity.

9 MR. CEDERBERG: Great. Thank you.

10 CHAIRMAN HARBAUGH: Chief DiFonzo.

11 MR. DiFONZO: Yes. I don't know if this

12 is the right time to bring this up, but I'm here

13 to get some clarification on that decision not to

14 accept the Minnesota standards for certification.

15 One of the big problems we have, we're getting a

16 lot of kids out of Minnesota that have completed

17 their training over there, but they're not getting

18 hired until they get a job.

19 I understand they're not getting hired,

20 they can't get their certification over there

21 until they get a job. Well, they're not getting

22 hired in Minnesota with the --- (inaudible) -- and

23 I'm under the impression now that -- in fact I

24 know it is because the last guy that I sent up

25 there had to go through the entire course.

9

1 And I guess I'm wondering what was the

2 reasoning for changing that. I know at one time

3 we accepted them, and I guess I'm a little

4 distressed that we have to go through that when we

5 already have an -- (inaudible) -- extensive law

6 enforcement training.

7 So if I understood the reasoning behind

8 it why they hadn't been hired, so therefore they

9 couldn't be considered certified. It's kind of a

10 Catch-22 situation. They can't get hired in

11 Minnesota, so that's not their fault. That's

12 because of the economy, I guess. I don't know

13 what the reasoning was. But when they come to me,

14 they've got plenty of training. I'm sure they've

15 got more training than what we give them.

16 So I need to get some clarification on

17 why we changed our minds on that, whether there

18 are any other states that are allowing, that we're

19 allowing to be certified without going through the

20 Academy. So I mean it would be very helpful to me

21 to know when I take somebody on whether it's going

22 to cost me several thousand dollars to get them

23 trained again, when they've already got a

24 background in law enforcement. So maybe the Board

25 can give me some clarification on that.

10

1 MR. JOHNSON: This is Perry. Hey, you

2 know what we didn't do is we've been having our

3 minutes transcribed, so today I would ask anybody

4 that speaks in the meeting to start out by saying,

5 "Hey, this is Chief DiFonzo," or Leo Dutton, or

6 Perry, and that way it's easier for the

7 transcriptionist when she finally gets the meeting

8 minutes.

9 But everybody that's in the room should

10 have one of these as a legal reference, and I

11 think the best thing for us to do is to go to the

12 statute 7-32-303. The statutes are in here by

13 number, so I think you'll find it on Page 18 and

14 19.

15 And Chief, your question relates to an

16 officer -- it would be under 5(c) on Page 19,

17 where it says, "Peace officer referred to in

18 subsection 5(b), or a peace officer who has

19 completed a basic peace officers course that is

20 taught by federal, state, or military law

21 enforcement agency, and that is reviewed and

22 approved by the Montana Public Safety Officer

23 Standards and Training as equivalent with current

24 training in Montana, and whose last date of

25 employment as a peace officer was less than 60

11

1 months."

2 And we've got Chris Tweeten on the phone

3 as well, so he may be able to explain something

4 that I may omit. But the interpretation has been

5 that they have to have attended an academy that

6 would be approved as equivalent to Montana's. And

7 Minnesota's program, they've got a couple of dozen

8 academies that would do that. They do. They

9 don't have a state academy. They're all going

10 through a college program in Minnesota.

11 But the interpretation that we've

12 received from our Legal Counsel is that they have

13 to have that, and they have to because it says,

14 "and whose last date of employment as a peace

15 officer was less than five years ago." They have

16 to have been employed in another state before

17 we'll recognize that, before we'll even look at

18 that equivalency.

19 So those guys in Minnesota -- and we did

20 this three or four years ago, right after I

21 started. We approved a couple of them fellows.

22 But when we got to looking at that, and we talked

23 to our Legal Counsel, he said, "I don't think that

24 it is possible for you to waive that employment

25 component of the statute, and Administrative Rule

12

1 as part of the statute, that they have had to have

2 been employed."

3 I don't know if that is clear to you, or

4 if you want Chris to talk to it. Chris Tweeten is

5 on the phone if you want him to talk to us about

6 that.

7 MR. DiFONZO: This is Frank again. I

8 guess my question is this. When we send them to

9 the Academy for equivalency training, what I'm

10 wondering about is what are getting trained here

11 that they're not getting when they attend the

12 college in Minnesota? What it is that we're

13 teaching them that they have not been already been

14 taught, other than Montana law, which we took care

15 of by sending them to the equivalency course.

16 I mean I think people understand that,

17 and it is not easy to find qualified people

18 anymore, especially where we come from, where we

19 don't have a lot of tree huggers, and everybody

20 wants to stay over in the woods. Nobody wants to

21 come to the prairie.

22 My point here is I think you made it a

23 little harder on us. Is there a way we can either

24 address the statute to allow for some sort of a

25 test process, so if they come in and they meet a

13

1 qualification, meet our qualification, they can

2 take a test to see whether they'd have to go

3 through the Academy or not. I see where they are

4 being taught the basic stuff that we're teaching.

5 You need to make it a little easier for

6 us to recruit, because we're not getting a lot of

7 qualified people without mile long criminal

8 records that want to come to eastern Montana. And

9 I really don't see a reason to make it tougher,

10 when I've got a kid that's been to the academy or

11 been to a school for three years to get training

12 in law enforcement, can't get a job in his home

13 state to get certified, so he has to come to North

14 Dakota -- God forbid -- or Montana -- God forbid.

15 And keeping them is another issue. But we need to

16 do something to help us out on that.

17 MR. DIAL: Mr. Chairman.

18 CHAIRMAN HARBAUGH: Bill.

19 MR. DIAL: Frank, this is no disrespect

20 to you, but we tend to do this -- this is a point

21 of order. Public comment is public comment.

22 We're not supposed to address issues during public

23 comment because the Board is not informed.

24 And I think that what Frank is asking is

25 something that you as the Executive Director could

14

1 address with him, and perhaps our Legal Counsel,

2 but for us to go off on a tangent like we have in

3 the past before, and Board members not being

4 informed, and not being ready to respond, is

5 improper in my mind. I don't know how the rest of

6 the Board feels.

7 MR. THOMAS: This is Jim. Can we just

8 set it as an agenda item on the next meeting?

9 MR. TWEETEN: Mr. Chairman, this is

10 Chris Tweeten.

11 CHAIRMAN HARBAUGH: Go ahead, Chris.

12 MR. TWEETEN: I think that is the proper

13 procedure. This is not an item that's on the

14 agenda for today's consideration, and anybody else

15 in the state who has an interest in this subject

16 is not on notice, because of our agenda, that this

17 is an issue that we'd be taking up today.

18 So I think it would be inappropriate to

19 engage in any extended discussion about this, and

20 I think the proper procedure would be to hold it

21 out as an agenda item for the next meeting,

22 assuming it can't be dealt with between now and

23 then. And if it is something that the Council has

24 to consider, then it would be on an agenda, and

25 other people will be on notice that this is

15

1 something we're going to take action on.

2 And that's actually a pretty firm

3 requirement for agencies now, that they not take

4 up matters that aren't on the agenda, because of

5 the public's right to know and right to

6 participate in the Council's proceedings.

7 CHAIRMAN HARBAUGH: Frank, are you --

8 MR. DiFRONZO: I have to get a meeting

9 in our part of the state where I can come in and

10 talk to the POST Council, and now I'm told I've

11 got to come to Missoula, or wherever the damn

12 meeting is going to be the next time.

13 MR. DIAL: You don't have to, Frank. I

14 mean we could put it on as an item and discuss it,

15 and you can call in. I just don't want to get us

16 sideways with procedural matters. And I

17 understand where you're coming from. But we've

18 had this issue come up before. This is Bill

19 again. So that's why I brought it up. I

20 understand where you're coming from.

21 MR. JOHNSON: This is Perry, and here's

22 what I guess I would offer to you, Frank, is if it

23 is necessary, I'll travel to Sidney and I'll sit

24 down with you, and we'll go over this, because

25 you've asked about what the remedy would be, and I

16

1 think between you and I, we could discuss that,

2 and we could bring this -- I could carry this back

3 on the next agenda with some possible options for

4 the Council to consider.

5 MR. DiFRONZO: This is Frank. But I'm

6 always of the opinion if I show up and talk to

7 people face-to-face, I get way more attention. I

8 can guarantee you that if we put it on the agenda,

9 I'll be at the next meeting, because you don't rid

10 of me that easy. I will come back and talk. But

11 I would like to at least get something started on

12 this, because when it was done, it took us by

13 surprise, and it really cost me some qualified

14 applicants that had applied. So anyway, I'll

15 yield to whatever your procedure is. I don't have

16 a problem with that.

17 CHAIRMAN HARBAUGH: Thank you. Any

18 other guest or public comment issues?

19 (No response)

20 MR. JOHNSON: John, did you want to add

21 to that discussion?

22 MR. DYNNESON: If you travel to Sidney,

23 you can come visit me, too, on this matter.

24 UNKNOWN SPEAKER: Okay. Thank you.

25 CHAIRMAN HARBAUGH: Moving to old

17

1 business. The first item is the ARMs. Do you

2 want to --

3 MR. JOHNSON: This is Perry again. I

4 think what I would do is I would yield the floor

5 to Chris Tweeten, and he can kind of lead us

6 through this.

7 Well, actually, let me go to Page 59 and

8 61 on our meeting material. I'll take care of

9 that one. Because during our last POST Council

10 meeting, we got the ARMs, and the ARM Committee

11 met, and we needed to fill in the blank on some of

12 the firearms instructor elements. So we did that.

13 And we've included -- I've got that page cite

14 right, actually we're on Page 62, the firearms

15 proficiency standards. We were talking about what

16 we would need to do.


18 CHAIRMAN HARBAUGH: Okay.

19 UNKNOWN SPEAKER: 60.

20 MR. JOHNSON: Page 60?

21 MS. KEUNE: 59.

22 MR. JOHNSON: 59.

23 MS. KEUNE: And that's not highlighted

24 in everybody's packet.

25 UNKNOWN SPEAKER: Under Subsection

18

1 (b)(8) where it talks about you and I --

2 (inaudible) --


4 MR. JOHNSON: There you go. It is

5 23.13.215. Those are the elements that will be

6 required for the 49 firearms instructor training

7 course or its equivalent. So we didn't have those

8 blanks filled in during our last Council meeting,

9 and we went back to the cadre at MLEA and filled

10 those in.

11 CHAIRMAN HARBAUGH: Any questions or

12 comments in regards to that ARM?

13 (No response)

14 CHAIRMAN HARBAUGH: Are we ready for

15 Chris?

16 MR. JOHNSON: I think we are.

17 CHAIRMAN HARBAUGH: Chris, are you

18 there?

19 MR. TWEETEN: I am. Thank you, Mr.

20 Chairman. Just to recap just how we got to the

21 agenda for today's meeting. You recall that we've

22 been discussing another set of amendments to our

23 Administrative Rules for several meeting now, and

24 the Business Committee and the ARM Committee got

25 together and drafted up these proposed

19

1 Administrative Rules for the Council's

2 consideration.

3 And at the last meeting in May, the

4 Council went through these rule by rule, and

5 authorized -- after making a significant number of

6 changes in the initial draft -- authorized the

7 staff to proceed with a notice of proposed

8 rulemaking, and we set a date for a rulemaking

9 hearing at that time, and we issued our proposed

10 notice, our notice of proposed rulemaking, as

11 required by the Montana Administrative Procedure

12 Act, or MAPA as I'll be calling it, M-A-P-A, from

13 time to time.

14 And that Administrative Rule hearing was

15 held on I believe September 3rd, if I'm not

16 mistaken. Anyway at the beginning of September.

17 And I was not available to come to Helena that day

18 for the hearing, so Sarah Clerget presided over

19 the hearing.

20 And at the hearing, there was again very

21 little in terms of public comment on the proposed

22 rules. The one substantive comment that we did

23 receive at the hearing was from a lawyer lobbyist

24 Jon Metropolis who represents Missoula

25 Correctional Services, and Mr. Metropolis made a

20

1 statement for the administrative hearing record,

2 in which he suggested the couple of changes in the

3 proposed ARMs that would have provided for the

4 Council's certification of pretrial services

5 officers who are employed by both governmental and

6 non-governmental agencies.

7 And recall, this is a subject that we've

8 had a great deal of discussion about over the past

9 couple of years. It was a subject that was deeply

10 involved in the legislation that POST proposed for

11 the last legislative session that was ultimately

12 passed and then vetoed by the Governor. So it is

13 a subject that we've talked about in great deal

14 previously.

15 And the comment that Mr. Metropolis made

16 was that the two amendments ought to be placed on

17 the rules to specifically provide for the

18 certification of pretrial services officers as a

19 separate category of basic certificate, along with

20 law enforcement basic and all of the other basics

21 that POST issues certificates on.

22 Mr. Metropolis made that comment

23 verbally, and recited into the record at that time

24 what the proposed amendments would be, and

25 indicated that a written statement would be

21

1 submitted for the hearing record prior to the

2 expiration of the time for submitting written

3 statements with respect to the rules, and that in

4 fact was done, and that is in your packet. It is

5 the Sue Wilkins letter that's in your packet that

6 goes into some detail in trying to explain why

7 these proposed amendments ought to be placed on

8 the rule.

9 After the expiration of the time for

10 submitting written comments, the MCS submitted

11 what was intended to be an attachment to that

12 written testimony from Sue Wilkins that consisted

13 of a copy of our proposed rules with the suggested

14 changes inserted and highlighted in the area where

15 those two amendments would be, and that is also in

16 your packet. I don't know what page it starts on,

17 but it is in the packet.

18 So the first question that rose from the

19 staff was: Well, should the Council be

20 considering this attachment in light of the fact

21 that it was not submitted in writing prior to the

22 deadline for written submission of views? Now,

23 remember, I'm just talking about the attachment at

24 this point, which is the copy of the proposed

25 rules with the highlighting on it, not the Wilkins

22

1 letter, which itself was submitted in a timely

2 fashion, as I understand it. So the question is

3 whether the Council ought to be considering that.

4 My suggestion would be to go ahead and

5 consider it, in light of the fact that it is

6 simply a written reiteration of the verbal

7 testimony that Mr. Metropolis made at the

8 rulemaking hearing, in which he recited the

9 substance of those two amendments verbally into

10 the record. And since it is in the record already

11 verbally, I don't think there is any problem with

12 considering the written showing of what he'd

13 already put into the record in his oral testimony.

14 So I don't think that's an issue that the Council

15 should get hung up on at this point.

16 And the question I think ought to be

17 addressed on its merits as to whether POST wants

18 to consider any changes to the proposed rules in

19 light of the suggestions that have been made by

20 Missoula Correctional Services. And just to

21 summarize those, the proposed amendments would add

22 pretrial services officers to the category of

23 basic certificates that POST would issue, and then

24 would make a similar change farther down in the

25 rules to carry that intended change forward.

23

1 So that really lays out I think the

2 proposal, and then the question is: What's the

3 Council's pleasure, I guess, with respect to how

4 it wants to handle these proposed changes?

5 So Perry, with that, I guess I'd suggest

6 that Mr. Cederberg and anybody else who is present

7 and has comment with respect to those proposed

8 changes ought to be heard at this point. I would

9 caution them, however, that the time for

10 submitting comments has passed, and anything other

11 than a reiteration of the written comments that

12 are in Ms. Wilkins' -- whether you call it written

13 testimony, memorandum, proposed letter, whatever

14 -- the writing that she submitted prior to the

15 expiration of that deadline.

16 Anything that goes beyond the scope of

17 that particularly document would be an untimely

18 comment, and may not be considered by the Council

19 in deciding whether to adopt these changes.

20 So Mr. Chairman, I would suggest that at

21 this point we receive whatever presentation Mr.

22 Cederberg and anybody else who's interested in

23 this subject might want to make, and then come

24 back for discussion by the Council.

25 MR. DIAL: Thank you, Chris. I have a

24

1 question.

2 UNKNOWN SPEAKER: Mr. Cederberg --

3 CHAIRMAN HARBAUGH: Chief Dial yields to

4 Mr. Cederberg. Sir, if you have comments, we

5 would take them at this time.

6 MR. CEDERBERG: Thank you. I appreciate

7 that. My name is Dan Cederberg, I'm an attorney

8 in Missoula, and I represent Missoula Correctional

9 Services. Missoula Correctional Services operates

10 a pretrial services program in Missoula.

11 And I would first draw your attention to

12 the last paragraph of the comments that were made

13 that talks about the practical effect of the

14 pretrial services program that we provide. The

15 costs of incarceration in Missoula County jail

16 ranges between $70 and $100 per day. The cost of

17 supervising somebody on our pretrial service

18 program is roughly $6.71 a day. So the program

19 provides an enormous savings to Missoula County

20 with folks that can be placed on pretrial services

21 supervision rather than incarcerated.

22 It also has the -- if the option were to

23 put them in jail or put them on pretrial services,

24 and the extent indicated that they would not be

25 put on pretrial services, then they would not be

25

1 supervised. They would be out unsupervised. And

2 so there is a significant public safety issue

3 involved here. We've got a program that lets

4 people out on pretrial, be supervised in a very

5 cost effective way. So that adds to public

6 safety.

7 And then of course we're all familiar

8 with the overcrowding in the jail system

9 throughout the state, all the way from local to

10 the state level. And the folks that are in our

11 program who otherwise may have been in jail really

12 help with the overcrowding situation.

13 So those are the -- that's what the

14 program does. And basically why we're here today

15 is we think that the couple of amendments need to

16 be made to the proposed ARMs that allow for the

17 continued availability of pretrial services

18 officers. We currently have two in Missoula that

19 -- (inaudible) -- we would like to be able to

20 continue the program. And we think we need these

21 changes to the ARM in order to allow for the

22 continuation of new officers that need to come on

23 line.

24 A couple of other things I'd point out.

25 This does not deal at all with misdemeanor

26

1 probation officers, which has been another topic.

2 I would further point out that there is, with

3 regard to the issue of private entities having

4 officers with arrest power, I know that that's an

5 issue that's been much discussed by POST, and that

6 is not an issue here, because the statute that

7 deals with the pretrial services officers, Section

8 3 of 46-9-505 specifically allows for arrest by

9 the pretrial services officers.

10 So we have a statutory framework that

11 specifically allows that. That issue isn't on the

12 table here today with regard to the arrest

13 authority.

14 I hope that the Board will view this as

15 simply helping us get some clarification, and

16 clean up some ARM regulations in a fashion that

17 will allow for the continuation of a very

18 beneficial program, and that is what we're doing

19 here. We think we need your help.

20 A few clarifying things in the

21 specifics. I think Mr. Tweeten went through the

22 specifics. There are two additions that will be

23 made to the ARMs. One is on the section Page 1217

24 of the additions, which adds the language there

25 that recognizes that the certification will go for

27

1 full or part-time employees of pretrial services

2 agency as referred to in 46-9-108(1)(f). Once

3 again, that I think is just -- that's the

4 statutory reference that authorizes the pretrial

5 services agencies and their employees.

6 And then the second one is very basic,

7 very simple. On Section -- ARMs 23.13.206, there

8 is a list of basic certificates, and you just need

9 to add pretrial services officers to that list.

10 So that's why we're here today. That's

11 why we've made the comments in the proposed

12 changes. We have a good viable program that's

13 doing good work, and we just need to clean up the

14 ARMs so that we can continue.

15 CHAIRMAN HARBAUGH: Thank you. Chief.

16 MR. DIAL: This is Bill Dial. Chris, my

17 question to you is: Since these suggestions or

18 amendments were sent to us after the deadline,

19 what would be the legal ramifications for us to --

20 (inaudible) --

21 MR. TWEETEN: Mr. Chairman, Bill, as I

22 tried to explain in my opening comments on this

23 agenda item, the written iteration of these was

24 not received within the time set for receiving

25 public comment on the proposed rules. That's

28

1 correct. But my recollection of the rules hearing

2 -- and I think Perry and Katrina would bear this

3 out -- they were also -- I wasn't in Helena for

4 the rules hearing, but I was listening by

5 telephone.

6 And these amendments were proposed

7 verbally by John Metropolis, their representative

8 for Missoula Correctional Services at the hearing

9 itself; and all that was submitted after the

10 deadline was a written visualization of those

11 verbal amendments that MCS's representative

12 proposed at the rulemaking hearing.

13 So I don't think there is any problem

14 with considering the entire subject. Ms. Wilkins'

15 written submission was received prior to the

16 deadline, so all of the argumentation that is in

17 that document is certainly appropriately before

18 the Council. And I think the substance of the

19 proposed amendments is properly before the Council

20 because of Mr. Metropolis's oral testimony.

21 So all that you see in front of you is a

22 written representation of the material that was

23 verbally presented at the hearing, and then

24 reiterated and expanded upon by Ms. Wilkins in her

25 written submission. So I think receiving that

29

1 material and considering this issue is perfectly

2 appropriate.

3 MR. DIAL: Thank you, Chris. I slept a

4 little bit too fast. I didn't hear you. Thank

5 you.

6 CHAIRMAN HARBAUGH: Other comments?

7 Questions?

8 MR. JOHNSON: This is Perry. I'm sorry,

9 Ryan.

10 MR. OSTER: Go ahead.

11 MR. JOHNSON: Just in regards then to

12 what the amendments are, and we're on Page 73 in

13 our book. It is 1217 at the top. It is under

14 23.13.205, general requirements for certification.


16 Chris. I inadvertently disconnected my phone.

17 Sorry about that. But I'm back.

18 MR. JOHNSON: Okay. So under Sub (1)

19 there is an addition there, "For a full-time or

20 part-time employee of a pretrial services agency

21 as referred to in 46-9-108 sub (1) sub (f)." So

22 we capture those pretrial services officers as

23 part of our definition, 44-4-401, because it is

24 any other officer that has training required by

25 POST.

30

1 So that's there, except the ARM does

2 limit who we have oversight over, because it says

3 they must be employed by these other agencies. We

4 know that we have oversight over these other

5 folks. This would clarify that for a full-time or


7 as referred to in 46-9-108. If you turn the page

8 then, and you'll go to 1218 at the top and 74 at

9 the bottom, 23.13.206, the addition there is

10 sub(d), pretrial services officer.

11 When there is a reference to that

12 46-9-108, that reference is to an employee of a

13 private pretrial services agency. They've got the

14 arrest power. Also part of that statute is

15 they've also made -- (inaudible) -- training

16 requirement as a probation and parole officer in

17 Montana. So to add a certificate, a basic

18 certificate for a pretrial services officer, they

19 must obtain the same training as a Probation and

20 Parole Officer.

21 We've had this discussion with Gallatin

22 Services already, and they have sent their

23 officers to that probation and parole training in

24 order to become certified as probation and parole

25 officers, to meet the requirements of that statute

31

1 for pretrial services officers. So if Missoula

2 Correctional Services is able to obtain that

3 training, it would be certified as a probation and

4 parole officer.

5 And I think what is significant to the

6 Council, and probably to DOC and to MCS, is if

7 that officer goes through that training, and it is

8 approved as equivalent by this Council, and the

9 instructors are approved, and they obtain the

10 training and they get that certificate, if at some

11 point they choose to leave a private employer and

12 apply to DOC, that would be a viable candidate

13 then. They've got the correct training that's

14 necessary to fulfill that requirement. And that's

15 a requirement of statute.

16 I think that the discussion that we had

17 with the ARM committee, and that's Bill Dial,

18 Lewis Smith, and Leo Dutton, was that it is

19 appropriate to continue to issue a probation and

20 parole certificate, and that's the message that we

21 carried back to the Council during our last

22 meeting.

23 So that's probably just very clear and

24 concise, but that's kind of how we landed where we

25 did without that additional certificate. Mr.

32

1 Chairman.

2 CHAIRMAN HARBAUGH: Any other comments?


4 Chris Tweeten. Can I ask Mr. Cederberg a

5 question?

6 CHAIRMAN HARBAUGH: Go ahead.

7 MR. TWEETEN: Sure. Dan, the statute as

8 Perry has outlined it sets forth training

9 requirements for pretrial services officers, but

10 it doesn't say anything about them needing to be

11 certified as pretrial services officers before

12 they can be employed; and I haven't found anything

13 that speaks to the question of a requirement that

14 there be some specific certification for pretrial

15 services officers in addition to having them meet

16 those particular education requirements.

17 I guess my question is: Have I missed

18 something? Is there something that you're aware

19 of in the statutes that speaks to the subject of

20 certification as a separate question from meeting

21 educational requirements?

22 MR. CEDERBERG: I'm not sure I

23 understand your question, Chris. I mean I think

24 we need to have the -- before we have the arrest

25 authority, we need to meet the educational

33

1 requirements and get certified. That's been our

2 feeling, and we absolutely support that. We 100

3 percent want the folks to have the training, and

4 in fact have submitted a very long training

5 regimen outside the MLEA that would meet those

6 requirements.

7 But we just feel like they should have

8 the basic certificate. That's what they need.

9 They are the same as the probation and parole

10 folks in that sense. That's our reading of the

11 statute. Now, if we're misreading the statute,

12 then that is -- that's what I don't understand

13 about your question.

14 MR. TWEETEN: My question is based on

15 the concept that training is one thing and

16 certification is another. And reading the

17 statute, it specifically talks about the

18 requirements for training, but it doesn't say

19 anything about requiring in addition to the

20 training that they receive a specific pretrial

21 services certificate. Do you follow me so far?

22 MR. CEDERBERG: Okay. Yes. I'm not

23 sure I would agree with that. Let me see if I can

24 find the --

25 MR. TWEETEN: That was my question. Is

34

1 there something that speaks to the question of

2 certification that I'm not finding here?

3 MR. CEDERBERG: I'm looking at

4 46.23.1003. Let's see. So your position would be

5 that we don't need the certificate to have the

6 pretrial services officers perform duties as a

7 pretrial services officer, and you would -- going

8 back to back to our discussion with the Missoula

9 County Attorney's office of a year and a half or

10 two years ago now -- you would feel that if the

11 educational requirements -- and I think they're in

12 ARM 23.13.304 -- are met, then no certification

13 would be necessary?

14 MR. TWEETEN: No. That's not my

15 position. That's my question. I don't have a

16 position at this point. I'm just trying to make

17 sure that I haven't overlooked something that

18 speaks directly to the question of certification.

19 MS. BOLGER: Chris, this is Katrina.

20 Can I try to rephrase what I think you're trying

21 to say?

22 MR. TWEETEN: Sure. If you want. It is

23 all right with me if it is all right with the

24 Chairman.

25 CHAIRMAN HARBAUGH: Go ahead, Katrina.

35

1 MS. BOLGER: Mr. Cederberg, I think what

2 Chris is trying to drive at is: Why do your

3 officers need a pretrial services certificate as

4 opposed to a probation and parole certificate?

5 What is the problem with them just getting a

6 probation and parole basic certificate once they

7 meet the requirements?

8 MR. CEDERBERG: Well, now I'm looking at

9 Perry Johnson's memo. So he's finding that -- and

10 I'm looking at 23.1003(2). Well, these folks not

11 all have the probation and parole certificate.

12 And you know, the problem with that is the MLEA

13 will not admit non-public employees, so they can't

14 get the probation and parole certificate.

15 MS. BOLGER: Mr. Cederberg, this is

16 Katrina again. There is a provision in the

17 statute for the POST Council to waive the

18 requirement that that academy take place at the

19 MLEA.

20 MR. CEDERBERG: Right, and that's where

21 this all started I think back in 2012. We came in

22 and requested that you do that, and like I said,

23 provided a curriculum to do that. And if we can

24 go forward with that, and get our pretrial

25 services officers trained outside of the MLEA with

36

1 your blessing on the curriculum, that would be

2 helpful. I mean that would be great. That would

3 really help us move forward. And like I said,

4 that's where we started five years ago.

5 Is that what your position would be

6 then? Is that what POST's position would be, is

7 that without this amendment to the ARMs in

8 23.13.206 adding pretrial services officers as

9 someone who will get a basic certificate, that we

10 could have our training, and get the blessing of

11 POST without that?

12 I mean that is all we're interested in

13 doing, and we thought we needed this in order to

14 do that. Now, if POST doesn't feel that way, and

15 we can move forward with that way, we don't have a

16 problem with that.

17 MR. TWEETEN: Mr. Chairman, Dan. At its

18 last meeting in May, POST adopted a resolution

19 that specifically addressed the question of where

20 pretrial services officers who are not employed by

21 a public agency would appropriately receive their

22 training, and the sense of that resolution was

23 that the training ought to be gotten somewhere

24 other than MLEA.

25 So POST has no control over who MLEA

37

1 chooses to admit or not, and that's a question

2 that's up to MLEA, and if MCS thinks they're

3 entitled to be admitted to MLEA, that's an issue

4 they need to take up with MLEA. But I think the

5 Council has done what it can do at this point to

6 short circuit that conflict within the MLEA -- if

7 conflict is the right word -- that issue, I guess,

8 within MLEA, because the Council has essentially

9 told you that you should get that training

10 somewhere else, and as long as it is approved by

11 POST as satisfying the requirements for probation

12 and parole training -- which is what the statute

13 requires -- outside of MLEA training that you get

14 would then be sufficient to satisfy your statutory

15 training requirement, I think, wouldn't it?

16 MR. CEDERBERG: I hope so. I mean all

17 we're trying to do is clear up the situation so we

18 can get our -- when we need new officers, we can

19 get them trained and authorized to serve in the

20 role as pretrial services officers. And I have

21 the memorandum in front of me here. And is this

22 what you're referring to? "POST finds pursuant to

23 46.23.1003(2) that the training required for

24 privately employed pretrial services officers

25 under 46-9-505 is more appropriately provided at a

38

1 place of the employing agency's choice other than

2 MLEA. Missoula. The training must meet the

3 requirements of 23.13.304."

4 And if what you're saying today, Chris,

5 is that if we then come to POST with a training

6 program outside of MLEA that meets the ARM

7 requirements, that POST is good with that, and we

8 could get our officers trained as we need them?

9 Am I hearing you correctly?

10 MR. TWEETEN: I'd refer that question to

11 Perry, I think, if I can.

12 MR. JOHNSON: This is Perry. And I

13 guess just so everybody in the room is on the same

14 page, what he just read is on Page 90 in our --

15 and this is the discussion that we had during our

16 last Council meeting following our ARM Committee

17 meeting.

18 And that is exactly why we decided to

19 issue this memo, is to provide direction to the

20 pretrial services agencies that were looking for

21 that ability to train their officers. And it

22 comes back to exactly what's required by statute.

23 What the POST Council did was provide for those

24 agencies to seek a venue other than MLEA; and it

25 also maintains the requirement that the training

39

1 must meet the requirements for those probation and

2 parole officers that the State is training.

3 So it has to be either equivalent to or

4 exceeding the requirements of the Department of

5 Corrections P&P training, and that training would

6 be reviewed by the Executive Director, just like

7 other training is, regional training is; and

8 syllabuses from MLEA are submitted and approved by

9 this Council as well.

10 So I guess I would go back, though, to

11 the initial amendment. I don't think that we lose

12 anything by clarifying on Page 73 by clarifying a

13 full or part-time employee of a pretrial services

14 agency, as long as they recognize that there is

15 not a pretrial service certificate. It is a P&P

16 certificate, because the curriculum is identical

17 to the P&P basic academy curriculum.

18 MR. SMITH: This is Lewis. We issue

19 then a certificate, they come to us and they say

20 first that their program meets this, and we

21 approve it; and then they come to us and say, "Our

22 people have completed this." They're going to get

23 a P&P certificate.

24 MR. JOHNSON: This is Perry again. Once

25 they meet that minimum requirement of attendance

40

1 at Basic Academy that's equivalent with basic, and

2 one year of employment, then they'll be qualified

3 to obtain that. But they must be certified.

4 That's part of the ARMs. All public safety

5 officers must be certified.

6 MS. BOLGER: Perry, this is Katrina. I

7 guess I just want to clarify to Mr. Cederberg that

8 this is sort of a matter of semantics as far as

9 the government employed pretrial service officers

10 that we have issued certificates to, they get a

11 probation and parole certificate because that's

12 the basic they attend.

13 And it is just like with a juvenile

14 detention officer. They don't get a juvenile

15 detention officer certificate, they get a

16 detention officer certificate, because that's the

17 basic they attend.

18 MR. CEDERBERG: Thank you. So if I'm

19 understanding correctly then, what we can do is go

20 into -- with our pretrial services folks, we can

21 bring to Perry a program that he will review that

22 is the equivalent of the P&P program; we can get

23 that done privately. Then once we come back, and

24 certify to POST that that program has been

25 completed by an individual, and they complete a

41

1 year of employment, then they'll get a P&P

2 certificate which allows them to operate as a

3 public safety officer in the pretrial services

4 area. That's what I'm hearing; am I correct?


6 think the only thing you may have left out there,

7 Dan, is that after my review, that syllabus is

8 always provided to the Council at their meeting,

9 and then they have an opportunity to approve it

10 then. Following that, not annually, but

11 frequently, we look at any changes to any

12 syllabus, to any basic Academy class for final

13 approval before those trainings would be

14 conducted. But otherwise I think that we're on

15 the same page.

16 MR. CEDERBERG: Great. That I think is

17 where we wanted to be in 2012. So that would work

18 for us.

19 So I guess with that, I'm understanding

20 the question about the amendment to 23.13.206, and

21 not needing to specifically create a new

22 certification classification for pretrial services

23 officers. That's where you started, Chris; is

24 that right? That was your question for me?

25 MR. TWEETEN: That's right, Dan. In

42

1 7-32-303, there is a requirement that POST issue a

2 certificate to a law enforcement officer, but

3 these folks are not law enforcement officers, they

4 are public safety officers.

5 MR. CEDERBERG: Right.

6 MR. TWEETEN: My question to you was:

7 Do you know of anything anywhere else in the

8 statute that speaks directly to the question of

9 requirements for certification of pretrial

10 services officers? Because I haven't found

11 anything. All I found is the references in the

12 statute to training requirements, and training and

13 certification are not the same thing, because

14 certification requires other things in addition to

15 training, like for example, successful completion

16 of a probation and parole and so forth.

17 So that was my question. I mean is

18 there something that draws that same, or completes

19 that same loop with respect to certification for

20 pretrial services officers, who are not covered

21 under 7-32-303? And I think the answer to that

22 question is no, but I wanted to make sure that I

23 hadn't missed something that you found that spoke

24 directly to that subject.

25 MR. CEDERBERG: No. The answer is no,

43

1 Chris. You are correct. And I appreciate the

2 Council's time in getting to this resolution of

3 this matter. As I said, I believe that that fills

4 in, allows us to work with Perry to get a

5 curriculum together that can be approved by POST,

6 that can let us do our training outside MLEA, that

7 will allow us to continue our services. And

8 that's where we want to be, and with that, then we

9 do not need to do the amendment to 23.13.206 that

10 was proposed.

11 MR. SMITH: This is Lewis. So you're

12 withdrawing then your proposed amendment?


14 CHAIRMAN HARBAUGH: Any further comment

15 before we move to discussion on approval of the

16 ARM?

17 MR. TWEETEN: Mr. Chairman, if I might,

18 just to nail down that last point.

19 CHAIRMAN HARBAUGH: Go ahead, Chris.

20 MR. TWEETEN: I don't know if these

21 statutes are in your notebook, but POST, as

22 everybody knows, issues certification for public

23 safety communications officers. And in 7-31-203,

24 the Legislature has specifically required that

25 those officers be certified by POST. And in

44

1 contrast, there is no similar statute that I'm

2 aware of -- and I've looked pretty hard -- dealing

3 with the requirement that pretrial services

4 officers be certified.

5 So I think POST can approve their

6 training, and if their training is approved, and

7 they take the training, my understanding would be

8 that they would be authorized to be employed in

9 a pretrial services agency, even if POST had not

10 certified them as pretrial services officers. And

11 then once they're employed, after they pass the

12 year of employment, POST will issue then a

13 probation and parole certificate because that's

14 the training that they've completed.

15 But that just falls within the general

16 scope of POST's responsibilities, and that's not

17 the result of some statute that's specific to

18 pretrial services officers. So I think that's the

19 contrast that I think exists with respect to this

20 particular category of public safety officers. I

21 think it is different from all of the other public

22 safety officer categories that POST deals with.

23 CHAIRMAN HARBAUGH: Thank you, Chris.

24 MR. TWEETEN: Mr. Chairman, if I might.

25 I'm sorry. I cut somebody off.

45

1 MR. JOHNSON: This is Perry. Chris, I

2 was just going to remind the Council that the ARM

3 23.13.201 requires that all public safety officers

4 must be certified, so I think that is the umbrella

5 that would capture this discussion, right?

6 MR. TWEETEN: Correct.

7 MR. JOHNSON: Okay.

8 MR. TWEETEN: Mr. Chairman, if I might

9 follow up. There is one comment that we haven't

10 talked about yet, and that's found in your packet.

11 Let me go to the specific page here. I don't have

12 the packet in writing. I just have -- it is

13 online here, so --

14 But there is a comment from Ralph

15 Dawson, who is the Chief of Police in Fromberg, I

16 gather, dealing with the subject of taking an oath

17 with respect to the Code of Ethics. Chief Dawson

18 suggests that there is a significant benefit to

19 requiring each certified officer to swear to the

20 Code of Ethics in an oath, as opposed to simply

21 being bound to the Code of Ethics as a matter of

22 Administrative Rule, which is the approach that's

23 taken in these amendments.

24 You'll recall that the existing

25 Administrative Rule requires that the officer sign

46

1 an oath attesting to acceptance of the Code of

2 Ethics, which as you'll remember, Sarah Clerget

3 has described as a problem for contested case

4 matters because there are officers out there who

5 have not signed the oath, but who -- and if those

6 officers get in trouble, then they will try to

7 resist a claim based on a violation of the Code of

8 Ethics, based on the argument that they never took

9 the oath.

10 So the rules changed the approach to

11 that by saying that once you accept employment,

12 you are deemed to have accepted the oath as well,

13 and any violation of the oath after that time is

14 actionable in front of POST in a suspension or

15 revocation or other disciplinary matter.

16 So Chief Dawson's point is the Council

17 may have, or seems to have overlooked the

18 intrinsic value of having the officer swear to the

19 provision of the Code of Ethics, as opposed to

20 simply being bound by them as a matter of

21 Administrative Rule.

22 I have drafted a suggested response to

23 that comment which is in your packet, and

24 basically what I suggest the POST response should

25 be is that while POST acknowledges the value of an

47

1 oath, and is sympathetic to Chief Dawson's point

2 about the value of an oath, it has been pointed

3 out to us by a member of the Legislature that

4 there may be a constitutional difficulty with

5 requiring an oath from a law officer or public

6 safety officer that's different from the

7 constitutional oath that all officers have to

8 take, swearing to uphold, protect, and defend the

9 Constitution and so forth.

10 That was a point that was made to Perry

11 and Katrina at one of the hearings on the bill

12 that was going through the Legislature last time.

13 A member of the Legislature came up to them and

14 suggested that there was a constitutional defect

15 in the existing approach because of the fact that

16 there is no other oath that can be required than

17 the one that's in the Constitution; and by

18 requiring an oath be taken, POST may be violating

19 that provision.

20 So I think while this comment is well

21 intentioned, and raises a good point, the benefits

22 to be gained by avoiding that constitutional issue

23 I think justify adopting these rules as proposed,

24 and not making, or not leaving the rule as it is

25 as Chief Dawson suggests.

48

1 I realize that was kind of a rambling

2 description, and I'd certainly entertain any

3 questions about it if there are questions.

4 CHAIRMAN HARBAUGH: Any questions for

5 Chris?

6 UNKNOWN SPEAKER: Chris, do you know in

7 the packet where your response is at?

8 MR. TWEETEN: Page 60, I guess Perry is

9 saying.

10 MR. JOHNSON: This is Perry. We've got

11 it covered here, Chris.

12 MR. TWEETEN: Okay. Right. And you'll

13 notice that I left the pretrial services officer

14 comment blank in that document that I drafted,

15 because I wasn't sure exactly what approach the

16 Council wanted to take.

17 And so what I will do is with respect to

18 Comments 2 and 3 in that document, if you can see

19 in there on what is Page 63 I guess of your

20 packet, I will draft a response that goes in that

21 space right there above the signature line for

22 Matt Kokenauer (phonetic) as our rule reviewer.

23 I'll draft a response that encapsulates the

24 discussion this morning, and the fact that the

25 proposed amendments suggested by MCS are not

49

1 necessary to effectuate the pretrial services

2 program that's laid out by the Legislature,

3 because they speak to, the legislation speaks to

4 training rather than certification.

5 And POST will issue certification

6 equivalent to the training that these officers

7 have received under the existing categories of

8 certification that POST issues in basic form.


10 Ryan.

11 MR. OSTER: So are we ready to approve

12 these?

13 CHAIRMAN HARBAUGH: I think we're at the

14 point where I could entertain a motion.

15 MR. JOHNSON: This is Perry. Lewis, did

16 you have another question about the --

17 MR. SMITH: Just the oath comes when

18 you're accepting employment from the employer as a

19 member of the executive branch at that point in

20 time, and all we're doing is saying that you are

21 certified, and then the change we've made, we've

22 taken away the impediment that DOA has got to have

23 you take your oath of office, and now you're not

24 bound by the certification requirements required

25 by the Code of Ethics.

50


2 Chris. I think that's exactly right.

3 MR. JOHNSON: This is Perry. In

4 23.13.203, the Code of Ethics that's in Page 48 of

5 your ring binder, we do have that ability already,

6 and it is under sub (3) where it says, "All public

7 safety officers hired or sworn before this rule's

8 effective date are bound by the Code of Ethics."

9 So we don't lose anything by -- (inaudible) --

10 UNKNOWN SPEAKER: It is not up to us to

11 be swearing them. The employer is the one that

12 swears them in.

13 MR. JOHNSON: Right.

14 CHAIRMAN HARBAUGH: Anything else?

15 (No response)

16 UNKNOWN SPEAKER: So I guess I would

17 move that we approve the responses to the proposed

18 ARMs. Is that the proper way to -- Do we need to

19 approve the response, or do we need to approve

20 the ARMS?


22 MR. OSTER: Chris.

23 MR. TWEETEN: Yes, Mr. Chairman.

24 MR. OSTER: This is Ryan. Does our

25 motion need to be in the form of approving the

51

1 ARMS or approving the responses to the ARMs?

2 MR. TWEETEN: I think you're approving

3 the ARMs for adoption, and then the next steps

4 would be after that. There are a number of

5 documents that need to be prepared and filed in

6 various places, including the Hearing Examiner's

7 report to the Council. There is an administrative

8 order that needs to be signed. There are I think

9 two or three other documents that need to be

10 prepared.

11 And all of that material needs to be

12 submitted in various places, and then the rules

13 would be submitted to the Secretary of State's

14 Office with the administrative order approving

15 them, which would have Chairman Harbaugh's

16 signature on it, and then the Secretary of State

17 would then publish the rules as adopted rules in

18 the Montana Administrative Register, and on the

19 date of that publication, the new rules would

20 become effective.

21 So all you would be doing today is

22 approving the rules or adopting the rules, I

23 guess, for --

24 MR. OSTER: As proposed.

25 MR. TWEETEN: As proposed.

52

1 MR. CEDERBERG: This is Dan Cederberg.

2 And I think you need with the one amendment,

3 right?

4 MR. TWEETEN: I think I may have missed

5 your discussion on that point, Dan, because as I

6 said, I unintentionally disconnected my phone at

7 some point.

8 CHAIRMAN HARBAUGH: You're talking about

9 Comment No. 1 needing to be inserted ahead of

10 Comments 2 and 3?

11 MR. TWEETEN: No. I think -- Let me

12 back up here. I need to get the document in front

13 of me here, Mr. Chairman, so if I could just take

14 a moment.

15 CHAIRMAN HARBAUGH: Go ahead.

16 MR. TWEETEN: The one proposed amendment

17 was the inclusion of pretrial services officer in

18 the list of basic certificates that POST would

19 issue, and I think it has been agreed by everybody

20 that that's not necessary.

21 MR. JOHNSON: This is Perry, then,

22 Chris, and I think that that's the motion, or that

23 the amendment that Dan agreed to withdraw.

24 MR. CEDERBERG: Correct.

25 MR. TWEETEN: Right.

53

1 MR. JOHNSON: And this is Perry again.

2 His question then is: We would approve these

3 ARMs, but maintain the amendment that's found on

4 Page 73 that says, "or a full or part-time

5 employee of a pretrial services agency as referred

6 to in 46-9-108(1)(f); is that right, Dan?

7 MR. CEDERBERG: That's right, Perry.

8 That's what I wanted to be sure that was included.

9 MR. JOHNSON: This is Perry again. So

10 you withdrew the amendment to the other one, the

11 list; but you'd like to maintain this one, and

12 you'd like us to have a written response from

13 Chris included in the ARMs that we approve?


15 MR. TWEETEN: So we would have separate

16 comments for the two amendments, one of which

17 would reject the -- that's a harsh word -- would

18 decline to adopt the first proposed amendment,

19 which is to -- let me see here. Hang on just a

20 second.

21 UNKNOWN SPEAKER: The second proposed

22 amendment is --

23 MR. TWEETEN: Okay. The first one that

24 I have is to 23.13.206, which says, "POST will

25 issue basic certificates in the following

54

1 disciplines." The proposal was to add pretrial

2 services officer to that list of disciplines, and

3 we agree then that that's not necessary, correct?

4 MR. CEDERBERG: Yes. That was

5 withdrawn.

6 MR. TWEETEN: And then the second one is

7 on the following page in regard to 23.13.205, and

8 that's where you would propose to add in the

9 fourth line the words, "or a full-time or


11 as referred to in 46-9-108(1)(f); is that correct?

12 MR. CEDERBERG: Yes, and my

13 understanding is that Perry agrees that that's

14 acceptable, and my further request is that we be

15 clear that that is included in the motion to be

16 part of the ARM changes.

17 MR. TWEETEN: So POST would accept that

18 suggested amendment, and then decline to adopt the

19 prior one.

20 MR. CEDERBERG: Correct.

21 MR. TWEETEN: One point with respect to

22 that that you ought to consider. You notice the

23 way Subsection (1) of 205 is structured. It says,

24 "To be eligible for the award of a certificate,

25 each officer must be a full-time or part-time

55

1 public safety officer employed by,"

2 da-da-da-da-da. And then it says, "or a full-time

3 or part-time employee of a pretrial services

4 agency."

5 And I can see that technically, as we

6 discussed, the employees of Missoula Correctional

7 Services are not a full or part-time employee of a

8 county or a city, they're employees of MCS. But

9 the way this is structured, someone might read it

10 to suggest that because of the "or," a full or


12 is not a public safety officer.

13 MR. JOHNSON: This is Perry. Can we

14 correct that by saying after (1)(f), as defined by

15 44-4-401? Because 401 captures that any person

16 that has that training requirement --

17 MR. TWEETEN: Let me look at that for

18 just a second. Would it be adequate to say that,

19 to amend this section of the ARMs to say in

20 Subsection (1), "to be eligible for the award of a

21 certificate, each officer must be a full or

22 part-time public safety officer as defined in

23 44-4-401 at the time the application for

24 certification is received by the Council"?

25 I think that captures it without going

56

1 into detail about who the public safety officer is

2 employed by.

3 MR. JOHNSON: This is Perry. So then we

4 would just actually amend that ARM by shortening

5 it up, and taking all of the describers out of the

6 agency or the officers then, and it would just

7 maintain that definition of 44-4-401.

8 MR. TWEETEN: Right. You would strike

9 everything between the word "employed" in the

10 third line, and the reference 46-9-108(1)(f) in

11 the fifth line. All that would be stricken. And

12 then you would insert in its place language so it

13 would read, "Public safety officer as defined in

14 44-4-401 --" whatever subsection that is. (1)(h)

15 I think it is, isn't it, or (1)(i).

16 So that would be the amendment. I think

17 that would be general enough to catch everybody

18 that is eligible for your certification without

19 unnecessarily repeating and interpreting the

20 language of 44-4-401.

21 MR. JOHNSON: This is Perry. I would

22 agree with that. Go ahead.

23 CHAIRMAN HARBAUGH: Chief Oster had a

24 question.

25 MR. OSTER: I just had a question,

57

1 because the longer we go around this, the more

2 confused I'm getting. These proposed amendments

3 already went out, right? And we accepted comments

4 on them, right? So --

5 MR. TWEETEN: That's correct.

6 MR. OSTER: How can we go back now and

7 start striking language and adding language

8 without putting it back through that process?

9 MR. TWEETEN: Mr. Chairman, Ryan. This

10 is Chris. The answer is that we can do that

11 because that's the way MAPA says it is supposed to

12 be done. I mean you put the rules out for

13 comment. Anybody who has an issue with anything

14 that's in 23.13.205, for example, is on notice

15 that you're considering amendments to that rule.

16 If they want to take a position with

17 respect to this, they certainly can. And anybody

18 could have come to the rulemaking hearing, and

19 listened to Jon Metropolis's comment, and then

20 understood what the proposed amendments that MCS

21 was bringing forward would be, and then commented

22 on those before the close of the period for

23 receiving written comments.

24 So everybody has had their opportunity

25 to participate as contemplated --

58

1 MR. SMITH: This is Lewis. They have

2 the opportunity to also participate in our

3 consideration of those.

4 MR. TWEETEN: Right. They could have

5 come to today's meeting, and participated as well.

6 So Lewis is right. I think that adds another

7 layer of public participation onto what MAPA

8 provides.

9 So my sense would be that there is no

10 problem with going ahead with it at this point.

11 MAPA invites the agency to make changes in the

12 rules as a result of public comment, and that's

13 really what we're doing here.

14 MR. DIAL: Mr. Chairman.

15 CHAIRMAN HARBAUGH: Bill.

16 MR. DIAL: If I can ask Mr. Tweeten.

17 Could you help Ryan with his motion then? If

18 that's okay with Ryan.

19 MS. BOLGER: This is Katrina. I just

20 wanted to clarify. Chris, are you talking about

21 saying that under 23.13.203 subsection (1), to be

22 eligible for the award of a certificate, each

23 officer must be a full or part-time public safety

24 officer as defined by 44-4-401 Subsection (2)?

25 MR. TWEETEN: I don't have that statute

59

1 in front of me, Katrina. I thought the definition

2 of public safety officer was 44-4-401 subsection

3 (1) Subsection (i).

4 MS. BOLGER: No. Subsection (2) is the

5 full definition of all public safety officers.

6 Subsection (2)(i) is any other person required by

7 law to meet the qualification or training

8 standards. It is a portion of the definition.

9 MR. TWEETEN: Okay. Well, then in that

10 case, I would leave the subsection references out.

11 It should just say, "Public safety officer as

12 defined in 44-4-401."

13 MS. BOLGER: Okay. Thanks.

14 MR. TWEETEN: Because then you'd capture

15 all of the provisions in the statute.

16 MR. DIAL: Okay, Chris. This is Bill

17 again. Getting back to my request. Would you

18 help Ryan with his motion so we can move on?

19 MR. TWEETEN: Mr. Chairman, I think one

20 wording of an appropriate motion would be to --

21 let me think here for a minute on my feet even

22 though I'm not standing up.

23 Mr. Chairman, I move that the rules be

24 adopted as proposed except for the modification

25 previously discussed of Rule 23.13.205 sub (1),

60

1 and that's the first part.

2 The second part would be that 23.13.205

3 sub (1) be amended to provide, and then we would

4 state -- or actually would just say, "would be

5 amended to read," and then, quote, "To be eligible

6 for the award of a certificate, each officer must

7 be a full or part-time public safety officer as

8 defined in Montana Code Annotated 44-4-401 at the

9 time the application for certification is received

10 by the Council."

11 And then the third part would be that

12 the Council authorize the staff to prepare, and

13 the Chairman to sign, any documents necessary to

14 complete the process of adopting and publishing

15 the rules as amended.

16 MR. DIAL: Is that your motion, Ryan?

17 MR. OSTER: That's going to get us where

18 we need to go?

19 MR. TWEETEN: I think so.

20 MR. DIAL: Second.

21 MR. OSTER: I would move.

22 CHAIRMAN HARBAUGH: So moved by Chief

23 Ryan Oster, second by Chief Bill Dial. We'll move

24 to an immediate vote. All those in favor, please

25 signify by saying aye.

61

1 (Response)

2 CHAIRMAN HARBAUGH: Opposed same sign.

3 (No response)

4 CHAIRMAN HARBAUGH: Motion carries. I

5 think we will take ten minutes.

6 (Recess taken)

7 CHAIRMAN HARBAUGH: I think we'll go

8 ahead and reconvene. Do we have anyone else who

9 has joined us on the telephone?

10 (No response)

11 CHAIRMAN HARBAUGH: Truman, I just need

12 make sure you're still there.

13 MR. TOLSON: Still here. Still here,

14 Tony.

15 UNKNOWN SPEAKER: Talks about records

16 management.

17 CHAIRMAN HARBAUGH: That's going to come

18 under the budget cut section.

19 I would like to welcome Frank Garner to

20 our meeting also today. Frank has got some

21 important business to take care of in the next

22 couple of days, I think in eastern Montana.

23 Hopefully he and Chief Dial can get that handled.

24 MR. JOHNSON: I think there's another

25 fellow that joined us.

62

1 CHAIRMAN HARBAUGH: Oh, the other

2 Sheriff Harbaugh joined us after we started?

3 MR. JOHNSON: Right.

4 CHAIRMAN HARBAUGH: Welcome Fallon

5 County Sheriff Trent Harbaugh as well.

6 So the next item on our agenda is the

7 memorandum for misdemeanor probation and pretrial

8 services officers. Is that where we're up to?

9 MR. JOHNSON: Yes. This is Perry. Page

10 80, 89, and 90. During our last POST Council

11 meeting, we talked about putting this together and

12 passing it out to our stakeholders. That's

13 something that did happen. In fact, that was part

14 of the discussion for the past hour, some of this.

15 I think we captured exactly what we talked about

16 during that last meeting. So that's in there just

17 as an informational item for you Council members.

18 I thought that that might be on the discussion --

19 (inaudible) --

20 CHAIRMAN HARBAUGH: Okay. Any other

21 questions or comments in regards to misdemeanor

22 probation and pretrial?

23 (No response)

24 CHAIRMAN HARBAUGH: We'll move to new

25 business.

63

1 MR. JOHNSON: This is Perry again. It

2 looks to me like we're at a break. It is on the

3 agenda.

4 CHAIRMAN HARBAUGH: Moving right along.

5 Are you prepared to address that?

6 MR. JOHNSON: Certainly. This is Perry.

7 The next item under new business is I wanted to

8 just take a minute to recognize the service that

9 has been provided by Chris Tweeten to the Council

10 for the past five years, or maybe even longer. I

11 don't know. I think -- I wanted to make sure that

12 we recognized that Chris made an announcement that

13 he's going to close his practice at the end of the

14 year, that he intends to retire.

15 And I just wanted to take a minute to

16 express my appreciation to him. Believe it or

17 not, I'm not always the easiest guy in the world

18 to deal with. And I wanted to say thanks, Chris,

19 for being patient with me, and for providing your

20 services to this Council. I really appreciate

21 your insights, and all of the assistance that

22 you've given me over the last four years. So

23 thank you.

24 CHAIRMAN HARBAUGH: Thank you, Chris,

25 from the entire Council as well, and I think that

64

1 requires a round of applause as well for Chris.


3 Chris. I want to just say that serving the

4 Council has been a very interesting and fun

5 assignment for me, and it is not often you get an

6 opportunity to associate with the folks on the

7 Council, and certainly in particular Perry, and

8 Katrina, and Mary Ann, and the other staff people

9 who have come and gone over the five years that

10 I've been here.

11 When I came to this job, the Council was

12 having considerable difficulties with the prior

13 Executive Director's conduct and so forth, and I

14 would like to think that I helped in some small

15 way in getting the Council back on the footing

16 that it needed to be on, and having the

17 opportunity then to interact with Perry and

18 Katrina, and work on -- (inaudible) -- questions

19 that come up. It has been something that I'll

20 appreciate as I go forward.

21 So I want to thank you all for

22 tolerating my long windedness, and just make my

23 pledge that regardless of how the Council decides

24 to go forward in terms of providing the legal

25 services that you need, I'll do whatever I can to

65

1 make that transition as smooth as possible, and

2 work with -- if you decide to replace me -- work

3 with whoever takes my place, and make sure that

4 they can hit the ground running, and provide any

5 services that the Council will need from day one.

6 So thanks a lot.

7 CHAIRMAN HARBAUGH: Thank you, Chris,

8 and we appreciate that.

9 The next item for discussion was

10 probation and parole basic evaluation.

11 MR. JOHNSON: This is Perry. You'll

12 find those evaluations on Pages 91 through 102.

13 That's one of those situations that sometimes you

14 probably don't know what your staff does all of

15 the time, and part of our responsibilities and

16 duties are to present to every basic Academy

17 class.

18 So this is probation and parole. We

19 gave you the good as well as the bad evaluations,

20 because I guess it is on Page 91 to 93, somebody

21 wrote on there, "Wants to talk about

22 professionalism, but was unprofessional class

23 while training." And Mary Ann came in and said,

24 "I think that you might have used profanity during

25 your presentation," and to be real honest with

66

1 you, I think I probably did.

2 UNKNOWN SPEAKER: God damn it, why did

3 you do that?

4 MR. JOHNSON: And so I guess that's just

5 when you're talking to these new officers -- at

6 least that's the way that I approach this -- "Boy,

7 this is the real world," and they probably need to

8 understand, at least from an old dog's

9 perspective, that there is going to be some real

10 language once in awhile. So I hardly ever hold

11 back, but a lot more than I used to.

12 So there you have it. If there is any

13 questions or discussion about that, I stand ready

14 to answer them.

15 CHAIRMAN HARBAUGH: Any questions or

16 comments?

17 UNKNOWN SPEAKER: Perry, when I went

18 through basic, which was just a little while ago,

19 that we filled out evaluations, and then they

20 suspended those probably a year or two afterwards

21 because the content was -- from the perspective of

22 just like you said -- of not having any exposure

23 generally whatsoever to a profession that they're

24 going to go into. If you're going to give an

25 evaluation on someone's speech, whether they use

67

1 "Um's" and "ah's," and "so's", that would be

2 applicable; but have the depth and breadth, to

3 able to offer an opinion about the experiences and

4 the knowledge wasn't of value, so they quit.

5 So applaud you for even having these,

6 because generally someone doesn't have the idea,

7 or experience, or the lifetime, or even life

8 experiences to be able to tell you -- (inaudible)

9 -- you have got to wait until they have a 44

10 pointed in their face, and see if they say, "Oh,

11 darn." That's why they suspended them, but I

12 wouldn't sweat that at all. That's my comment,

13 Mr. Chairman.


15 other comments?

16 (No response)

17 CHAIRMAN HARBAUGH: Hearing none, we'll

18 move to discussion of the equivalency syllabus.

19 MR. JOHNSON: This is Perry again. This

20 is just an updated syllabus, and this is on the

21 agenda for your -- I believe that you need to make

22 a motion to approve this.

23 We've approved syllabus in the past.

24 This has changed slightly. So I think that any

25 change, I've asked the basic Academy instructors,

68

1 any of those cadres, anytime they change it, to

2 provide that change to the Council so that we can

3 put it on the agenda for approval. So that's why

4 you're seeing both of these syllabus.

5 CHAIRMAN HARBAUGH: If everyone has had

6 an opportunity to review that, or when you have, I

7 would entertain a motion for approval.

8 MR. THOMAS: This is Jim. I'll move.

9 UNKNOWN SPEAKER: Second.


11 a second. Any further discussion? Discussion?

12 (No response)


14 move to an immediate vote. All those in favor,

15 please signify by saying aye.

16 (Response)


18 (No response)

19 CHAIRMAN HARBAUGH: Motion carries.

20 UNKNOWN SPEAKER: Mr. Chairman, as an

21 aside to that, my Deputy County Attorney was over,

22 and called on to go over and help teach a class at

23 MLEA, and when he came back, he said one of the

24 things that was mentioned to him was it would be

25 nice to have more County Attorneys that would come

69

1 over and help out with the teaching and classes.

2 So we've presented -- we're working on

3 presenting that to the Montana County Attorney's

4 Association, and I have informed that to more

5 County Attorneys to volunteer some time to come

6 over and help with the classes, and see how it

7 goes.

8 MR. JOHNSON: This is Perry. So was he

9 working with David Ortley then with that legal

10 portion?

11 UNKNOWN SPEAKER: I think so, yeah.

12 MR. JOHNSON: Just so the Council is

13 aware, Peter Bovingdon left some time ago, and

14 they were able to hire a retired District Court

15 Judge from up in Kalispell, David Ortley. And he

16 actually spends quite a bit of time with us. He

17 brings lesson plans over, and sits down, and

18 discusses where some of this is going to go.

19 And he's introduced some extracurricular

20 after hours classes for some of those Basic

21 Academy students in different areas, and I think

22 it has really been a healthy transition, not that

23 there was anything broken before, but when you get

24 those new faces, you get some new ideas in there.

25 So that's pretty neat that your staff would come

70

1 over and bite on that apple. That's a good thing.

2 CHAIRMAN HARBAUGH: The next item is law

3 enforcement basic syllabus. That's Pages 104 and

4 105.

5 MR. JOHNSON: This is Perry again. This

6 is the same song, different verse. This is in

7 there, because if there were any kind of changes

8 at all, we've asked that group to provide them to

9 us. And we haven't changed the basic hours, but

10 they may have tweaked one area over another, add

11 something and detracted from something else. So

12 this is in front of you again for a motion, if you

13 wish to move it forward.

14 CHAIRMAN HARBAUGH: I will entertain a

15 motion to approve.

16 MR. DIAL: This is Bill. I would move

17 to approve the syllabus.

18 MR. THOMAS: This is Jim. I'll second.


20 second. Any further discussion? Discussion?

21 (No response)


23 move to a vote. All those in favor, please

24 signify by saying aye.

25 (Response)

71


2 (No response)



5 just have to point out to Kimberly. We hear your

6 votes, so just so that you're aware of that. It

7 sometimes gets kind of lost in the shuffle there,

8 but we're listening.

9 MS. BURDICK: Okay. Thank you.

10 CHAIRMAN HARBAUGH: Jesse, you've got to

11 raise your hand just a little higher so we can see

12 it, though.

13 MR. SLAUGHTER: Sorry. Aye.

14 MR. SMITH: When you fall asleep, don't

15 breathe so hard either.

16 CHAIRMAN HARBAUGH: The next item on the

17 agenda is the Director's report. And first up is

18 POST Law and Justice Interim Committee

19 presentation.

20 MR. JOHNSON: This is Perry. We were in

21 front of the Law and Justice Interim Committee

22 just a couple of weeks ago, and we were the first

23 on the agenda. They got their business meeting

24 started at about 8:30. They gave us 15 minutes

25 from 9:00 to 9:15 on their agenda, but they were

72

1 done with their introductions about 8:40 or maybe

2 8:45, and we were able to talk to them just about

3 what POST is, and kind of where our legislative

4 package ended up last time. And many on the

5 committee were familiar with that, because they

6 served on that Judiciary Committee as well.

7 But we ended up in front of them for

8 about 35 minutes, and they finally said, "We've

9 got another presentation after you. You're going

10 to have to sit down." But a lot of questions, a

11 lot of questions about what this Council does in

12 regards to the public safety in the state of

13 Montana.

14 And I think that they were probably as

15 interested and concerned as anybody in the room

16 about where POST has gone, because four years ago

17 I reminded them or I explained to them that we had

18 30 open cases, this Council did, and about 28 of

19 them came from community members. They had

20 reached out to the Council and said "Hey, the

21 allegation against this officer is this."

22 Today we've got 65 open cases, maybe 66

23 depending on what came in the mail yesterday, or

24 into my email, or Katrina's email, but that's 65

25 open cases, and 63 of them come from agencies. I

73

1 explained that to the Law and Justice Interim

2 Committee, and one of the questions was, "Well,

3 how many of them do you actually act on, that it's

4 necessary for the Council to take an action on the

5 certificate?"

6 And I got to thinking about that, and

7 the bottom line is we have reached out to the

8 agencies, I think to the point where they really

9 understand what the Council does or believes in

10 regards to a standard. I think that for the last

11 four years, with the assistance of the Case Status

12 Committee and those officers, or those members

13 that meet every month now, we've kind of sent a

14 strong message out there.

15 And so when I got to thinking about it,

16 there is very few that we don't take an action on.

17 It might be probation on a certificate, it might

18 be a suspension, it might be additional training;

19 but seldom do we take a look at something and say,

20 "There is no outreach necessary," that it is just

21 done, and I think that's because the stakeholders

22 have endorsed and adopted what this Council has

23 tried to do over the past four years.

24 And I guess I would say to you also that

25 part of our discussion is the next thing on the

74

1 agenda, is the budget. We pointed out to them --

2 They invited us to come and talk about our

3 legislative issues, and to introduce key members

4 of our staff. And I took Mary Ann and Katrina,

5 because I said, "I want you folks to look at

6 probably the smallest agency in the State of

7 Montana, and they're all in the room right here."

8 And I think we've got one of the biggest

9 footprints in the State of Montana, because we're

10 not limited by any agency. We've got oversight

11 over every agency in Montana. It covers every

12 inch of Montana, from Fallon County to Ravalli

13 County. And that is a big responsibility, and

14 especially when you consider that this is a

15 volunteer council, the tasks that we're trying to

16 do.

17 So I wanted to put that on there and let

18 you know that I think we were well received. I

19 think that we pointed out to them that we're going

20 to be back this time with a different legislative

21 package. We'll be tweaking 7-32-303 again, that's

22 what we really tried to do last time. We didn't

23 prevail. We were vetoed by the Governor.

24 I'll have to just take an opportunity to

25 tell you that Frank Garner just pulled the plow as

75

1 hard as he could, and he was anchored to old Perry

2 Johnson, and that probably wasn't quite the plow

3 he wanted to pull, but he pulled it anyhow. So

4 he's always available. I've never seen Frank have

5 a bad day. And I just really admire what he has

6 done for the Council, and I wanted to recognize

7 that during that presentation. So thanks, Frank.

8 MR. GARNEr: Thanks. I appreciate that.

9 But I mentioned this yesterday. If there is one

10 thing I do really well, it's take credit for other

11 people's work, and that's what I've done there.

12 You've been a great advocate for this group.

13 You've done a lot of heavy lifting, and it makes

14 my job easier when I have people like that to work

15 with. So thanks for all the good work you've

16 done, Perry.

17 UNKNOWN SPEAKER: Two comments, Perry.

18 I appreciate all of the work that you did in the

19 Legislature. I guess three comments. Be careful

20 how you pound your chest and how good of a job you

21 do, because you might be absorbed in the DOC.

22 UNKNOWN SPEAKER: Never happen.

23 UNKNOWN SPEAKER: And third, when is the

24 next Law and Justice --


76

1 don't know when the next one is. Our point of

2 contact up there is one of their staff attorneys,

3 Rachel Weiss, and she's really good about giving

4 us three or four weeks heads up about when we

5 should be prepared to present to them again. They

6 might not be back until spring.

7 UNKNOWN SPEAKER: Spring or maybe now

8 under further comments that I'll bring up now

9 because I'm old and I'm liable to forget.

10 Until Frank brought it up about people

11 being eligible from out of state law enforcement

12 academies, I thought that we still could do it.

13 It shows how smart I am, being the chairman of the

14 ARM committee. But I would like you to take that,

15 if it's the board's pleasure, to take that and

16 start looking at that the next meeting of that

17 committee. Is that all right with you, the rest

18 of the board? I think it is ridiculous.

19 CHAIRMAN HARBAUGH: The consensus is we

20 at least want to take a look at it.

21 UNKNOWN SPEAKER: If a person is

22 certified from an out of state academy, that has

23 as good or higher standards as ours, why wouldn't

24 we consider them? It's just totally ridiculous.

25 MR. THOMAS: This is Jim. I'm like you.

77

1 I thought we were doing that also. And I missed

2 the Great Falls meeting, and I don't know if that

3 was where it was done, but I thought we were,

4 because I had made some comments last year, I

5 think, about the --

6 Alexandria is one of the colleges where

7 we had gotten several people from, and I thought

8 we were not requiring the Academy. So I got lost

9 in translation somewhere.

10 MR. JOHNSON: This is Perry, and I just

11 want to make sure that I remind you guys that

12 that's a statutory change, so it won't be an ARM

13 change, it will be a statutory change, and I think

14 that's why when we bring it back on the agenda,

15 that's where those packages that can come out of

16 that Law and Justice Interim Committee with a

17 motion, and I think that gives us some horsepower.

18 So I heard what you said, and I'll work

19 with John and Frank, and make sure that we try to

20 capture what may be a remedy through the statutory

21 change before we go back with that package.

22 MR. DiFRONZO: This is Frank. I want to

23 thank you. I appreciate your input into this.

24 CHAIRMAN HARBAUGH: Thanks, Frank. Talk

25 about the budget.

78

1 MR. DiFRONZO: The bad Frank.

2 CHAIRMAN HARBAUGH: We'll call you

3 eastern Frank.


5 MR. SMITH: He's going to be the newest

6 member of MACOP.

7 MR. JOHNSON: That brings us to Pages

8 106, 107, 108, 109, and 110. We start with 106.

9 That shows you where your budget ended up at the

10 end of the fiscal year.

11 And I will remind you that during our

12 Council meeting the end of May up in Kalispell, we

13 talked about a completely different dynamic. We

14 were sitting on some money that had yet to be

15 allocated. We allocated everything out of a

16 $440,000 budget down to $200,180. So I think that

17 we encumbered the funds that -- We provided the

18 amount of service that we were funded for. I

19 think that's a big deal when you're considering

20 the footprint that we've got in Montana.

21 POST accruals. The accruals are the

22 moneys that we used from that budget last year to

23 bring it into this fiscal year, so that we were

24 able to do some things.

25 And so one of those things was we had

79

1 that temp worker that had been in our office

2 that's been helping us migrate data into the data

3 base, helping us with filing that has probably

4 been unfiled for the last 15 years. We've had

5 that same temp employee for a considerable amount

6 of time, and we were able to move that money

7 forward, so that we were able to maintain her

8 employment for the first 12 weeks of this year.

9 We also used moneys from last year to

10 provide transcription of some of our committee

11 meetings from back in May. Our POST Council

12 meeting and your meeting minutes today are a

13 transcription of that meeting that were done by

14 Laurie Crutcher. So we had encumbered that, and

15 we were able to pay for that out of last year's

16 budget.

17 The same thing with the ARMs that we

18 just talked about today. We knew that that was

19 coming to us. We anticipated that there was going

20 to be 30 pages at $60 a page, so we encumbered

21 $1,800.

22 The legal work with Chris Tweeten, he

23 gave us a heads-up that, "This is what it's going

24 to take for me to process this," so we encumbered

25 that money. Again, transcription of meetings.

80

1 That would have been a different meeting. The

2 other transcription of proceedings were probably

3 those committee meetings. And I'm looking at Mary

4 Ann for affirmation, and she's telling me that's

5 right. The transcription of the meeting was the

6 POST Council meeting.

7 And next item is going to be something

8 that I'll talk about next, and that's officer

9 involved shootings. It is on here because I

10 encumbered some money from that last budget.

11 I'll go right to data migration, Crown

12 Point Technology, it's that data base that we

13 talked about last time where I was given the

14 opportunity by the Council to research, and reach

15 out, and identify a different data base, so that

16 we could transition into a data base that would be

17 more efficient and apply to the issues that we've

18 been dealing with historically where agencies want

19 to be able to check their own transcripts.

20 So that data migration, we identified a

21 vendor. We already paid that vendor for that data

22 base, or we started to, because there will be an

23 annual maintenance fee of that of $23,000. But

24 the migration from our old data base into the new

25 one was over and above our contract with them, so

81

1 we encumbered it because we knew that we wouldn't

2 be moving that data until we got our data cleaned

3 up, and they were ready to move it. So we're

4 reading to pay for that when we ultimately get it

5 done.

6 Mary Ann, correct me if I'm wrong, but I

7 think we started some of that data migration

8 already.

9 MS. KEUNE: Yes. He did migrate -- this

10 is Mary Ann. He did some test migrations -- oh,

11 goodness -- our data base, and all that

12 information was so antiquated. It was horrible.

13 And so he -- Steve is his name from Crown Point.

14 And we got on meetings with him, and he had great

15 questions. He was able to clean up the data, so

16 we can migrate it. And we're almost there to the

17 point of being able to migrate. We're so pleased

18 because he got right on it, and we're going to

19 have a new data base before very long, and we are

20 excited, we think. We think it's going to be

21 good.

22 CHAIRMAN HARBAUGH: Are you still there,

23 Truman?

24 MR. TOLSON: Still here, Tony. Sounds

25 good to me.

82

1 CHAIRMAN HARBAUGH: I want to make sure

2 you heard that before Perry starts talking about

3 budget cuts.

4 MR. TOLSON: Well, we use Crown Point,

5 so I think it is a good system.

6 CHAIRMAN HARBAUGH: Thank you.

7 MR. JOHNSON: That takes to Page 108.

8 This is an invoice that we received from Lewis &

9 Clark County, and it's an invoice that I asked

10 them to provide to us for this meeting. This

11 relates to the training that for the last three

12 years has been conducted. It is a program that

13 Leo put together that brings the officers that are

14 involved in shooting events into a room to talk

15 with a trainer, that comes out of Orange County,

16 California.

17 We encouraged Leo to expand that, and he

18 did with little encouragement, to a day of

19 administration training as well, so they know how

20 to support and integrate those officers back into

21 their office after these critical incidents.

22 We didn't have this invoice in time to

23 put on the agenda for last year, so we accrued

24 that money. It's available if the Counsel would

25 approve paying that invoice back to Lewis & Clark

83

1 County. The training has already been conducted.

2 It was conducted in August, and I think, Leo, you

3 brought it to billings this year, if I am not

4 wrong.

5 MR. DUTTON: Yes.

6 MR. JOHNSON: And I think it was well

7 attended, well received again this year. So

8 rather than ask permission back then, I ask for

9 forgiveness now, and I would hope that we can

10 approve that expenditure for that training.


12 motion.

13 UNKNOWN SPEAKER: I'll move.

14 CHAIRMAN HARBAUGH: Second.

15 MR. SMITH: Second. Lewis.


17 a second to approve the payment to Lewis & Clark

18 County. You may have to abstain on the vote

19 however, Sheriff Dutton. Any further discussion?

20 (No response)

21 CHAIRMAN HARBAUGH: We'll move forward

22 to a vote. All those in favor, please signify by

23 saying aye.

24 (Response)


84

1 (No response)


3 Thank you.

4 MR. JOHNSON: This is Perry again. Leo,

5 I didn't know if you wanted to add anything to

6 that.

7 MR. DUTTON: Yes, I would. Mr.

8 Chairman, Perry. I do want to thank you for the

9 opportunity to talk about that training, and we

10 wouldn't have had that first day about

11 administrator training to bring that in -- and

12 Frank, much like you, I love taking credit for

13 other people's work -- that you were the one that

14 suggested that, "Chief, we ought to be training

15 our administrators on how to do it," or Chiefs,

16 and Sheriffs, or Sergeants and Captains, how to

17 respond to this, as well as the individuals that

18 have sent a bullet down range.

19 We hadn't done anything like that

20 before. And as you go around and hear the

21 speakers from different municipalities, different

22 Sheriffs Offices, that had mass shootings, such as

23 the Chief from Newtown, Connecticut with the

24 Sandyhook presentation. It wasn't a debrief about

25 the shooting itself, it was a debrief about what

85

1 happened, and what happened to the officers after

2 seeing little kids, and mass numbers of death.

3 Oftentimes we are really good about the

4 CIT program, the Crisis Intervention Training

5 dealing with citizens who are having mental health

6 issues, but for a long time, we have ignored the

7 ability or the lack of ability of what the

8 cumulative effect is about the job, about seeing

9 death, mayhem, that some people go a lifetime and

10 never see, or see once and are scarred for life.

11 We see something that's horrible, we're expected

12 to take a squeegie and clean the emotions off, and

13 deal with the next person like we've never seen

14 it.

15 Well, we are having -- we're one of the

16 professions that have the larger amount of

17 suicides, we're having people that quit and go on

18 because they see something like that. Some of the

19 older generation says, "Well, grow up," the ones

20 that's been to the wars saying, "That's just

21 life."

22 What if we could do better? This

23 training offers that about what if we could do

24 better, having the opportunity to talk about some

25 of the things that you can anticipate, some of the

86

1 followup care. Oftentimes when an officer is

2 involved in a shooting, we prayed about it for

3 three months, and then it disappears.

4 So the one who came with this originally

5 was Chaplain Chris Thompson, got the idea, got to

6 talking about Perry about it, offered the other

7 day. And we've been doing it for three years, and

8 it has been an awesome response. At first it was

9 small, as you would expect. Several people came

10 -- not to me -- but other people to the trainer

11 and said, "I was quitting my office." None of

12 yours here. "My office forgot about me, and I

13 started to drink, and I started to have illicit

14 affairs. I couldn't cope with it. And I don't

15 know that I'll be able to repair that, but I see

16 some light at the end of the tunnel that's not a

17 train anymore." That was confirmation. That was

18 one person, but later there were three or four.

19 So your money did that. All I have to

20 say is that $2,500, you've done that before. Your

21 money saved somebody's career.

22 MR. JOHNSON: That brings us to pages --

23 this is Perry again -- brings us to Pages 111,

24 112, 113, 114 and 115. This is just to give you

25 all a heads up of where we're going with this. I

87

1 asked Mary Ann to do Page 112 for this today.

2 Mary Ann, if you want to talk about it, you can,

3 but this is kind of a chronology of what we did

4 after that May meeting in regards to searching out

5 data bases. We believe we found a pretty good

6 data base.

7 We just got an endorsement from Truman,

8 who has been a good partner to us, reminding us

9 frequently of our shortfalls, and never letting us

10 lose sight of that.

11 So I think that we did come up with a

12 pretty one. We looked at some data bases that we

13 would have loved to have bought. They would

14 probably cost us in the neighborhood of anywhere

15 from $80,000, $90,000 or $100,000 a year. They

16 would have been outstanding to have. We just

17 don't have the budget to do that. In fact, we're

18 going to talk about that just -- maybe I outran my

19 headlights. I want to go back to Page 110 because

20 I'm not done talking to you about the budget.

21 I think that everybody is aware that

22 there is some legislative hearings ongoing in the

23 last couple of days where the Governor has

24 requested everybody to project what a 10 percent

25 reduction would be to your organization. Our

88

1 whole budget is General Fund, so we don't have any

2 part of it that comes from special fees or

3 anything else.

4 Our budget is $417,000. We're going to

5 -- We were tasked with eliminating $41,100 of

6 that, so $1,700 right off the top. So if there is

7 a 10 percent reduction, that $41,000 is going to

8 have to come out of an operating line. We've got

9 a couple operating lines. One is legal fees.

10 That's got $50,000 in it.

11 But we offered to them, the consequence

12 they asked for was, "What will happen?," and the

13 consequence is real to this Council. Our

14 investigations and complaints will be delayed, or

15 may be delayed, or eliminated completely,

16 depending on what we begin to look at in regards

17 to the structure of what we deem as something that

18 we're going to take a look at -- approval of

19 training, and those kind of things, just those

20 administrative things that we do; the issuing of

21 certificates, that may be delayed as well.

22 But in addition to that, I want you to

23 be cognizant of what happens next year. If there

24 is a 10 percent decrease next year, $42,000,

25 because we appreciated a little bit. But this

89

1 year also, before they -- when they handed the

2 budget back to us, when they said, "This is your

3 operating budget," they loaded our personnel

4 lines, but then they said, "Off the top of that,

5 there is a 6 percent reduction. You're going to

6 have to plan for -- your personnel line is going

7 to be 6 percent reduced."

8 And when we talked to our financial

9 analysts over at the Department of Justice -- we

10 don't have our own. We use theirs -- they were

11 kind of cavalier about it. "Well, that shouldn't

12 be a big deal. You can do it with vacancy

13 savings." Well, at any given time the Department

14 of Justice, with 800 or 1,000 employees, they've

15 got 35 to 40 or 45 openings. That's just the way

16 it is.

17 When Frank and John talk about

18 recruiting, everybody is in that recruiting

19 problem. They have vacancy savings. I've got a

20 staff of three, me, and Mary Ann, and Katrina. We

21 don't have any vacancy savings. We don't have any

22 -- Our staff is static, and I hope that it stays

23 static. I hope that we're not in a position where

24 we're going to leave something open for three, or

25 four, or five, or six months in order to

90

1 accommodate a budget shortfall. But that 6

2 percent reduction, that's another $15,000.

3 In addition to that, we encumbered, by

4 buying that Crown Point data base, we encumbered

5 $23,000 additional dollars. That's the

6 maintenance fee for that. It is not $80,000, and

7 it's not $100,000. Some of those other data

8 bases, that was the annual cost. This one is

9 $23,000.

10 So when you look at our budget, and

11 that's the previous page, out of a $417,000

12 budget, if these shortfalls are realized, and if

13 we're tasked with reducing our budget, we're going

14 to go from 417, and we're going take $81,000 right

15 off the top of that.

16 And so if you would ask me, "How are you

17 going to do that?," I'm going to tell you I'm

18 going to do it through outstanding leadership.

19 I'm going to cross my fingers, and I'm going to

20 pray that we're not going to get a lot of

21 contested cases, but the fact of the matter is we

22 are going to get contested cases.

23 We haven't been in front of this body

24 with a contested case since October of 2013. So

25 for four years, we've been successful with summary

91

1 judgment, or surrenders, or stipulated sanctions.

2 But right now we've got two right on the bubble,

3 right now, where we're asking for summary

4 judgment, but we may not get it. And that's where

5 we spend our money. That's where --

6 McLeod four years ago. We tried to put

7 a pencil to that, and look at what our actual

8 expenses were for expert witnesses, and for

9 travel, and for venues, and for transcription, and

10 for Hearing Examiners, and transcriptionists, and

11 we're probably at eighty grand for one case. We

12 know we were in for eighty. We might have been in

13 for a hundred. And that was at a time when it was

14 a real volatile time at POST, where there were a

15 lot of balls in the air, and we were trying to

16 make some deals, or we did make some deals.

17 And so I just want everybody to be on

18 the same page that I am. I'm not saying the sky

19 is falling. Man, my glass is always half full. I

20 don't look at it any other way. We've got an

21 opportunity, I guess, to tighten our belts.

22 MR. SMITH: What you have to do, Perry,

23 I think, we start -- If this negatively impacts

24 law enforcement, and the job you're doing,

25 document the hell out of it, so the next

92

1 legislative session we say, "You know, here's what

2 happened because of the reductions, and this is

3 what's further going to happen if we have more

4 reductions."

5 MR. JOHNSON: This is Perry again. And

6 I'm glad that we get to have this opportunity to

7 talk about this. I'm glad that we had the

8 opportunity, at least I got a chance to talk to

9 you about what Law and Justice Interim Committee

10 looked like, because they're really interested in

11 what you do, what this Council does. And I think

12 that's reflective of our nation right now, where

13 the public, or how the public views what we do.

14 And I think we're -- This is that half

15 glass guy talking to you. I think we're blessed

16 to get to live in Montana, where people -- I tell

17 these Basic Academy guys, "Man, when you go home,

18 smile at people, because in Montana, your

19 neighbors want to love you. They want you to be

20 their hero, and they still want you to be like

21 that. And you can't do that by never getting out

22 of the car, and all they see is that top part of a

23 guy driving by. You've got to engage your

24 communities."

25 And our administrators in Montana, our

93

1 Sheriffs, our Chiefs, are out there every day

2 doing the job that needs to be done, and I think

3 that we still have our communities in our pocket.

4 I think, man, regardless of the number of

5 complaints that we've got, I think that we're

6 really lucky to have the people with their hands

7 on the handles, driving the buses that we're in.

8 That's what I think. And I think that that

9 Legislature, they hear that, too, and they share

10 that.

11 MR. OSTER: This is Ryan. I would just

12 -- and I know we're talking about pointing out the

13 obvious, but they need to understand that they're

14 part of the reason why we still have the support

15 of our communities, because we are taking care of

16 business. If we stop dealing with the problems as

17 they come up, and we're going to create problems

18 in our communities and a lack of trust. So I

19 don't know how you make them understand that, but

20 that's the reality.

21 If we stop doing our mission here at

22 POST, we're going to have problems at home with

23 our relations with the folks in our communities.

24 CHAIRMAN HARBAUGH: Jim.

25 MR. THOMAS: You took the words out of

94

1 my mouth. I think the two things, the oversight

2 that we do here in Montana that gets those on

3 board. You look in the other parts of the

4 country, and DOJ goes in, and it doesn't exist.

5 That and hiring people that they probably should

6 have never hired in the first place. But like

7 Perry said, they're on board. The people in

8 Montana are on board with law enforcement, but we

9 could lose that, that could dwindle if we don't

10 continue the oversight that we are currently

11 doing. That's my opinion. I think that needs to

12 be stressed.


14 really I think that with that Case Status

15 Committee and the outreach that the Council has

16 done -- and maybe Frank might not agree, or John,

17 or Trent, but I think having them in the room with

18 us is a big deal. I think that that consistent

19 steady application of the same standard from

20 Alzada to Troy, that's a big deal. And I think

21 that people have seen that, and I hear it all the

22 time. You know, we didn't know -- (inaudible) --

23 (Interference)

24 MR. JOHNSON: That's a big deal to the

25 Case Status Committee.

95

1 Hey, Truman, turn your phone off.

2 MR. TOLSON: That's not coming from me.

3 UNKNOWN SPEAKER: Somebody got an alarm.

4 CHAIRMAN HARBAUGH: Somebody put us on

5 hold. Leo, did you have a comment?

6 MR. DUTTON: POST's contract really is

7 with the public, and the contract is maintain

8 public trust, and we have the ability to --

9 (inaudible) -- importance of budget.

10 CHAIRMAN HARBAUGH: If you have your

11 phone on mute, if you take it off, and maybe you

12 can -- (inaudible) -- music.

13 UNKNOWN SPEAKER: It could be worse. It

14 could be rap.

15 UNKNOWN SPEAKER: I'm back.

16 CHAIRMAN HARBAUGH: There you go. Thank

17 you. Do you want to move to --

18 MR. JOHNSON: Yes. Well, let's see.

19 Any question about the data bases? We put those

20 in there, so you can kind of see where we're

21 going. There's an email on Page 111, several

22 hundred people, Chiefs, and Sheriffs, and agency

23 administrators in Montana, to let them know that

24 this change is coming, that there's going to be a

25 different way to access transcripts for their

96

1 officers. They're going to be in charge of that.

2 They'll control it. So it will look completely

3 different to the officers in Montana, but we're

4 kind of trying to break them into just a little

5 bit at a time before we pull the trigger and move

6 forward with it.

7 MR. DiFRONZO: This is Frank. The

8 information hasn't been sent out yet?

9 MR. JOHNSON: It has.

10 CHAIRMAN HARBAUGH: No.

11 MR. DiFRONZO: I mean the way the access

12 code --

13 MR. JOHNSON: Oh, no. I'm sorry, Frank.

14 I misunderstood. This one went out. The other

15 information we haven't transitioned to that data

16 yet, so we're not quite ready. But we're getting

17 pretty close.

18 MR. DiFRONZO: Thank you.

19 MR. JOHNSON: IADLEST is on Page 116 and

20 117, that's the International Association of

21 Directors of Law Enforcement Standards and

22 Training. There's a conference in November. I

23 attached the agenda to this. And just in regards

24 to the budget conversation, I put this in here.

25 I want you to know that IADLEST has

97

1 actually obtained a federal grant to allow one

2 person from the State of Montana, the Director or

3 his designee, to attend this conference down in

4 Phoenix. So sometime in the next week or two,

5 we'll get with their travel people, and put

6 together a flight, and I'll go down there. And

7 this is kind of a hardship in November because

8 there is so much going on in Montana.

9 CHAIRMAN HARBAUGH: Rut usually starts

10 about the -- (inaudible) --

11 MR. JOHNSON: It does. So there you

12 have it. That's an update. I put in here a

13 discussion about the modified FTE. We asked for a

14 modified FTE after the Legislature met. We really

15 wanted to pick up that young woman that has been

16 in our office for quite awhile now. She's a

17 tremendous employee. And I wish John Strandell

18 was on the phone, because when we have our Case

19 Status Committee meetings, there is a lot of

20 interaction between my staff and those members,

21 Jim. And so they get to see Carly.

22 But we've gone through several temps in

23 the last four years. This one is just -- I always

24 felt like when I was an administrator, my job

25 really wasn't today, it's what is this going to

98

1 look like in five years, or ten years, or where

2 are we going. And I really thought that if we had

3 an opportunity to absorb Carly into our operation,

4 there is your future of the POST action plan.

5 So --

6 MR. MATTHEWS: Lewis Matthews.

7 MR. JOHNSON: -- with help, appeal to

8 the Governor through that modified FTE process, we

9 were approved for it. When I looked for it in our

10 budget line to see how they have applied that

11 position, and then I reached out to our budget

12 people at DOJ, they said, "Well, they haven't

13 given it a position number yet, but it is okay.

14 You can go ahead. And we'll just take it out of

15 your operating lines, and then when they give it a

16 position number, then we'll do it that way." And

17 I said, "I don't want to do that. We'll just keep

18 her as a temp until you make that position line."

19 That position, if we actually did it,

20 annually would cost us $56,000 with her salary and

21 her benefit package. And I sat down with Carly

22 and said, "This isn't going to happen. We're not

23 able to do that. Even though we got approval, we

24 never got the position number. We don't have the

25 ability in our budget to do that."

99

1 And I think yesterday she interviewed

2 with an attorney's office in Helena, and whoever

3 gets her is going to be well served. That's a

4 young woman that comes to work, puts her head

5 down, and goes to work. So she was really fun,

6 the energy in the office was good, and it was a

7 good situation. And if she doesn't get the job,

8 we'll continue to use her as a temp as we can

9 here, but that's just how that --

10 If there is no questions, I'll move

11 right into certificates awarded. So you've got

12 about 13 pages of them, 267 this time. You see

13 the numbers are starting to come down. We've been

14 up to 400, and that's because that basic

15 certificate, that ARM change that we made three

16 years ago, I think we're finally starting to get

17 that cleaned up. What I mean by that is you used

18 to have to apply for your basic certificate.

19 We've changed the ARM. Back then we said, "As

20 soon as you're eligible, we'll issue it."

21 And as we've gone through our data base,

22 those 22,000 entries in our data base, and we've

23 discovered those people that didn't apply for

24 those basic certificates, we're awarding them now.

25 And so sometimes we awarded dozens of them at a

100

1 meeting like this. And you can see that all of

2 the certificates, all the way from basic to

3 command and administrative, we're down to 267. So

4 I think we're making progress.

5 That brings us to -- Is there any

6 questions about certificates?

7 (No response)

8 MR. JOHNSON: If not then, you see

9 equivalency granted are those fellows on your list

10 there. There was eleven of them. And I just want

11 to make sure that we go back and we talk about

12 that dynamic in regards to a Minnesota officer.

13 We do recognize Minnesota officers, Indiana

14 officers, New York, Florida, California, but the

15 caveat is that their experience or their basic

16 academy experience was equivalent to or exceeds

17 ours, but they must have been employed.

18 So that's the thing that we'll work with

19 our stakeholders and bring back to the Council

20 next time, so that we can renew that, and move

21 that forward.

22 So you have eleven, and when you think

23 about it, if we have eleven every time --

24 sometimes we have ten, and sometimes we have

25 fifteen at those equivalency classes -- that's a

101

1 basic academy class a year, because we meet three

2 times a year. There's 33, there's 40, there is

3 whatever. So just in regards to instead of

4 another twelve week basic for those 30 or 40 or 50

5 people that get equivalency, we're actually taking

6 care of that training requirement with that 33

7 hour equivalency class.

8 So that's a big deal. I think that

9 recognizing that, and absorbing them and that

10 expertise from those other states into our officer

11 base, that's really positive in Montana. There is

12 a lot of good officers that come from out of

13 state.

14 Extensions granted. This is kind of --

15 and this is a short list this time. We've seen

16 fifteen, twenty people on that list before. I

17 think John has had people on the list. I think --

18 I don't know if Trent has. Frank probably has.

19 And that extension is because the Academy gets

20 jammed up, they get full, and they're not able to

21 take all the people that need to go within one

22 year of employment, so we give them a 180 day

23 extension, and then they get into the next Academy

24 class, or the one after that.

25 And the only -- in regards to EQ

102

1 classes, I should make sure that you recognize --

2 the only EQ classes, those equivalency, are for

3 detention and peace officers. We don't have it

4 for dispatch, we don't have it for P&P. There is

5 no curriculum for those disciplines.

6 That brings us to cases open and closed,

7 Pages 132 and 133. I hate to read to adults

8 because even reading to my kids, I put them to

9 sleep, so -- (inaudible) -- about that. I take

10 you right into --

11 UNKNOWN SPEAKER: I notice you've got

12 six still open from fifteen. Are they in court,

13 or where are they at? (Inaudible)

14 MS. BOLGER: Perry, this is Katrina.

15 Those are -- the majority of those are on

16 probation.

17 MR. JOHNSON: I was going to say, Lewis

18 -- this is Perry again -- that man, there is so

19 many of them, and there has been so many of them

20 over the last four years, and I am certainly glad

21 that Katrina spoke up.

22 Future meetings. Put a calendar on

23 there, and I just made some suggestions. I guess

24 the first thing I should ask is turn back to Tony,

25 and ask if three meetings is enough for you

103

1 fellows every year.

2 CHAIRMAN HARBAUGH: I think with the

3 budget being as it is, we probably need to

4 continue that, unless there is something more to

5 discuss in regards to -- Jim.

6 MR. THOMAS: This is Jim. Perry, does

7 having these -- I mean I like the travel myself --

8 but does this impact our budget significantly when

9 we go to Kalispell, and Great Falls, and Miles

10 City?

11 MR. JOHNSON: Yeah, it is a hit. In

12 fact, I think that part of the discussion for

13 future meetings needs to be the venue, because it

14 is a hit. You end up -- for me, you end up paying

15 for my travel, and I've got a State vehicle, but

16 you're going to put me up in a motel, you're going

17 to do those things. So I think what we really

18 need to do is consider what the cost benefit of it

19 is.

20 UNKNOWN SPEAKER: Is it worth it?

21 MR. JOHNSON: If it were a perfect

22 world, man, I think it is a tremendous opportunity

23 for us. And we've only got three people in the

24 room today, but guess what? Frank, I know had an

25 issue, and maybe he would have driven to Helena

104

1 today, because he said next time if we're in

2 Helena, he's going to be there.

3 MR. DiFRONZO: Not if you on --

4 (inaudible) -- I'd be in Hawaii.

5 UNKNOWN SPEAKER: That date is kind of

6 solid now.

7 MR. DiFRONZO: I figured that.

8 CHAIRMAN HARBAUGH: Maybe we could bring

9 the meeting to you, Frank.

10 MR. JOHNSON: There is going to be a

11 venue. So I guess my recommendation, at least at

12 this point, is let's put some dates on the

13 calendar. But we haven't been in Helena for a

14 year now, and I would suggest that that February

15 meeting, if that's the day that we're going to

16 land on, or those months, or whatever dates, the

17 next meeting I would suggest we hold in Helena.

18 And then at that point we'll have a

19 little better idea. We'll be more than halfway

20 through our fiscal year. We'll see how our

21 contested cases have evolved, whether we're going

22 to go to hearing, or whether we have gone to

23 hearing, because we'll know by the end of the

24 year, and then we'll know more about those other

25 cases that -- (inaudible) -- So I think at least

105

1 that's what I would suggest.

2 CHAIRMAN HARBAUGH: Tentatively at least

3 those dates, all in Helena, Wednesday February

4 7th, Wednesday May 30th, and Wednesday October 3rd

5 of 2018.

6 MR. DUTTON: What time February 7th and

7 the others?

8 MR. JOHNSON: They're on your agenda,

9 Leo. May 30th and October 3rd.

10 MR. DUTTON: I wondered how you had them

11 memorized like that.

12 UNKNOWN SPEAKER: So those October,

13 February meetings, we'd move our Case Status

14 Committee meeting?

15 CHAIRMAN HARBAUGH: We'd probably want

16 to do them the day before or something.

17 UNKNOWN SPEAKER: Right. Okay.

18 CHAIRMAN HARBAUGH: Because those are

19 the first Wednesdays.

20 UNKNOWN SPEAKER: Yes.

21 MR. JOHNSON: Are you good?

22 CHAIRMAN HARBAUGH: Okay. Office

23 updates.

24 MR. JOHNSON: Office updates. Page 135,

25 136, and 137. We did evaluations last time on

106

1 these staff members. Mary Ann is not in the room,

2 but I told you, I just feel like I'm just the

3 luckiest guy in the world. And there is some

4 things in there that just show what the

5 stakeholders that these staff members are reaching

6 out to are doing. And like on Page 135, "We've

7 always appreciated POST's quick and thorough

8 assistance, so thanks again." That's from the US

9 Attorney to Katrina.

10 And you're seeing -- I sent this out to

11 you guys before. Glen Stinar got something that

12 talked about, "Man, Mary Ann Keune is just doing a

13 good job." And Glen sent it over to me and said,

14 "It looks like it's for you," and it was. It was

15 for Mary Ann, and this was a guy that said, "Boy,

16 what a good deal."

17 So five years ago when we were

18 transitioning POST down at the old management

19 system, one of the deals was, "Boy, we can't even

20 get a phone call, or an email, or whatever out of

21 that office." And now I think you're starting to

22 see some atta-boys for your staff members, and

23 those girls really deserve it. They come in

24 early, and they stay late, and they work real

25 hard. So I wanted you to at least take a look at

107

1 a couple of things there.

2 General office updates. I think that

3 we've covered just about everything that we needed

4 to today. I think that you've kind of seen the

5 scope of that work that we've been dealing with

6 for the past few months. I've attended, after our

7 meeting, I attended the MACOP and the --

8 (inaudible) -- conference. I attended the MSPOA

9 conference as well. Both of them were in June,

10 both of them the same week by the way.

11 And then just last week I was in

12 Whitefish at the FBI National Academy conference

13 up there, and I got to interact with a bunch of

14 Idaho and Montana officers. I tried very hard to

15 engage Council member Bill Dial into a breakfast

16 appointment, but alas, he was unavailable, and

17 thankful for the opportunity to be unavailable, I

18 think. So I ate by myself, Bill.

19 MR. DIAL: Some of us have to work

20 patrol.

21 MR. JOHNSON: You know, I teased one of

22 them Sheriffs at one of those conferences about,

23 "Say, you never were a Detective were you?" And

24 that Sheriff never missed a beat. He looked back

25 at me, and he said, "No, I always worked." So I

108

1 understand what you're saying.

2 That brings us to committee reports, and

3 I turn it back to you, Mr. Chairman.

4 CHAIRMAN HARBAUGH: The first item up

5 was committee assignment discussion. Has there

6 been any requests for additions or deletions for

7 any of the members to or from committees that's

8 come in?

9 MR. JOHNSON: No. This is Perry, and I

10 would say that that's probably a hold over from

11 our last meeting, because we've reassigned some

12 committees then, and I think that we left that on

13 there, and we didn't need to. And I could

14 probably qualify this whole, these reports

15 discussion by saying since the last Council

16 meeting, the only committee meetings that we've

17 conducted have been our Case Status Committee

18 meetings, and we've done that on a monthly basis

19 this year, starting last year actually. That's a

20 very active committee.

21 UNKNOWN SPEAKER: The ARM Committee,

22 too, via phone.

23 MR. JOHNSON: That was before the last

24 Council meeting, wasn't it?

25 UNKNOWN SPEAKER: That was about a month

109

1 ago.


3 MR. JOHNSON: I'm sorry. Chairman Dial

4 wants to make a report.

5 MR. DIAL: I really don't.

6 CHAIRMAN HARBAUGH: Let me ask for the

7 business plan or policy. Kimberly, if you have

8 any updates you'd like to share, we'll do that one

9 first.

10 MS. BURDICK: I don't have any updates.

11 CHAIRMAN HARBAUGH: Thank you. Now the

12 ARMs.

13 UNKNOWN SPEAKER: I'm much like -- to

14 steal Frank Garner's thunder -- I take credit for

15 a lot of people's work, and I just sit back and

16 let Perry and his staff and our attorney do the

17 revisions to the ARMs, and I sit there and shake

18 my head yes, and it has been done very, very well.

19 That's all I have.

20 CHAIRMAN HARBAUGH: Thank you. Case

21 status. John Strandell is not -- you're not on

22 the phone yet, are you, John?

23 (No response)

24 CHAIRMAN HARBAUGH: Jim, would you like

25 to make any comments?

110

1 MR. THOMAS: We've already gone over the

2 things from the Case Status. I don't think there

3 is anything to add besides that report.

4 CHAIRMAN HARBAUGH: Curriculum. Kevin

5 Olson. Kevin, are you on the phone yet?

6 (No response)

7 CHAIRMAN HARBAUGH: Or at all? Thank

8 you. And then Coroner, Lewis.

9 MR. SMITH: Nothing new there --

10 (inaudible) -- people quit dying, so --

11 UNKNOWN SPEAKER: Legally.

12 CHAIRMAN HARBAUGH: So starting at Page

13 138 were kind of the compilation of the

14 evaluation, director evaluations, and I had asked

15 Mary Ann this year to kind of make a random

16 selection of Chiefs and Sheriffs under

17 administrators, as well as the Council's members.

18 And hopefully you've had time to take a look at

19 the comments, and the appraisal of Director

20 Johnson's leadership as the Executive Director.

21 Does anyone have any comments in regards to the

22 evaluations?

23 MR. THOMAS: I'd like to just briefly --

24 this is Jim. I missed an opportunity here, Perry.

25 I used to be the primary SWAT instructor up in

111

1 Helena. And Leo and Frank Garner probably recall.

2 We used to do a little thing I called "foliage

3 identification" where we kind of sauntered up

4 Mount Helena. And the last class, I had a student

5 from Yellowstone County who did an evaluation, and

6 he said that some of the things I said to them on

7 that little hike hurt his feelings.

8 And so eventually I'm going to remember

9 to put in one of my evaluations of you, I'm going

10 to find something where you said something that

11 hurt my feelings, because I'm a sensitive person,

12 as everyone knows.

13 But seriously, I can't add anything to

14 this. You've been great to work with, and I look

15 forward to the meetings we have, so --

16 CHAIRMAN HARBAUGH: I guess my question

17 of the Council is: Does anyone disagree with the

18 fact that this is something that we should do

19 annually? My feeling is in order to have an

20 evaluation, get it done. If there are issues,

21 that we can address them, and continue to do an

22 annual. And it is all done electronically, so it

23 is not a cost factor, I guess.

24 MR. DIAL: This is Bill. I agree.

25 Everybody has to know the job they're doing, and

112

1 whether it's good, bad, or indifferent, Perry and

2 I have worked very well together. As I sit and do

3 this evaluation every year, as I type, my nose

4 starts to grow, then I have to push it back in.

5 But in all seriousness, for people who

6 are on the phone and any other Council members who

7 didn't do this, I really encourage you to do it,

8 because like I said, we have to know, everybody

9 has to know if they're doing a good job, or if

10 they need improvements.

11 So Perry, thanks for your great work.

12 I'm always comfortable to know that you're at the

13 helm, and that I trust everything that you have

14 done for this Council, and I just encourage you to

15 keep it up.


17 Frank?

18 MR. DiFRONZO: Where is the part about

19 too much cussing?


21 UNKNOWN SPEAKER: On the first page.

22 CHAIRMAN HARBAUGH: We're saving that

23 for executive session.

24 UNKNOWN SPEAKER: I do want to say,

25 though, that every time I've ever asked for

113

1 anything from POST or Perry, he's been very

2 accommodating, and he tells me a lot. You will

3 hear some more from me. But I just want to thank

4 him and POST for taking our considerations.

5 And to be to be quite honest with you, I

6 think to go back to the issue of the cost of

7 moving this around the state, I think the way that

8 things are right now, that it's probably more

9 feasible for you to get one location, and I have

10 issue -- (inaudible) -- even though I have to go

11 500 miles to do it, it is worth it, just to be

12 able to get in to talk to.

13 UNKNOWN SPEAKER: It would be about 650

14 miles.

15 CHAIRMAN HARBAUGH: Thank you, Chief

16 DiFonzo. Any other comments? Folks on the phone,

17 any comments?

18 (No response)

19 CHAIRMAN HARBAUGH: Do we have a need

20 today to move to executive session? Hearing

21 none --

22 MR. JOHNSON: You know, I should talk

23 about that just a little bit. The reason that

24 that's on there is because the employee that's

25 getting evaluated gets an opportunity to go into

114

1 executive session. I think this my fourth

2 evaluation, and we never have. And I like not

3 going into session. If you guys have got

4 something to say, that's why we're doing this.

5 And if anybody has anything to say, you know, boy,

6 the lights are on, and the stuff is on top of the

7 table, and Frank, go ahead.

8 But I like doing business like this, and

9 if there is something that happens, then we should

10 talk about it, if you have -- (inaudible) -- drift

11 or whatever it is. And that's why I like to keep

12 it open. I think that's just good business.

13 CHAIRMAN HARBAUGH: Chief.

14 UNKNOWN SPEAKER: I have one closing

15 comment, not about the evaluation. But the reason

16 Frank and I got in late last night is Frank was

17 invited to talk to the State Nurses Association

18 specifically about the bill that was defeated last

19 year about having assault on a health care worker

20 become a felony. And I went along, and being the

21 shy person I am, I got up and talked a little bit.

22 But just something -- It's really not

23 for POST. It is just something for you, you guys

24 as law enforcement leaders, and people from other

25 different areas of the state, take a look at that.

115

1 I was shocked. I Googled it. There is

2 over 3.3 million nurses in the country. 12

3 percent are physically assaulted every year. 12

4 percent. That's about 335,000 people get

5 assaulted. Some people say, "Well, you know, it

6 is part of the game. It is part of the job."

7 It's not. And we told them that -- The assaults

8 are under reported, and we told them they've got

9 to do that. Frank is an expert in HIPAA laws, and

10 he asked how many people understand exactly what

11 HIPAA is, and I think two people in the room

12 raised their hand.

13 But anyway, the reason I'm bringing this

14 up is take a look at it when you get a chance, and

15 just remember. Those are the people that when

16 you're laying in there with a heart attack, or you

17 got shot, or you got stabbed, or you stepped on a

18 nail, who's the first person that comes in and

19 takes care of you? And for those people to have

20 to deal with getting punched in the face, kicked,

21 strangled, it is just, to me it is unconscionable

22 that we don't, as citizens -- And I think MACOP,

23 the next time around, we ought to take a look at

24 getting behind them, and helping support this.

25 We also told them that the law is not

116

1 going to change when you're getting assaulted, but

2 at the same time, I think that's something we

3 ought to be conscious of. And so that's my two

4 cents, and I'll get off my soap box. Thank you.

5 CHAIRMAN HARBAUGH: Leo.

6 MR. DUTTON: Back to Perry's evaluation.

7 Perry, we can go into executive session now. Take

8 the next 45 minutes to elucidate my opinion here.

9 One of the things that we didn't have

10 before you came was Director filed complaints.

11 And I remember. I don't remember somebody holding

12 a line saying, "I was there. I know what you did.

13 I'm filing a complaint." Having the confidence to

14 make it equitable for all, and that's why we

15 appreciate you.

16 It doesn't necessarily mean we agree

17 with you every time. It is that you're willing to

18 have that conversation. The opportunity for

19 input. The opportunity to say, "Listen to me.

20 Here's my opinion." You do. Don't argue. Until

21 we're done. Then you may argue. But that's

22 communications negotiation. And that's under the

23 communications reliability. You've always got

24 back to us with information.

25 But importantly is the absolute belief

117

1 that you're here with passion and purpose. It is

2 not a job. It is passion about upholding that

3 public trust. It is a purpose in making sure that

4 we all understand it, and know that someone is

5 going to hold accountable so we don't lose that.

6 That's my input. I didn't need an

7 executive session to say that, and I'm happy that

8 that's what we're about. For awhile we struggled

9 with that -- not we -- this Council, four or five

10 years ago, long before you were there. But I

11 think we have got it, and we'll always encounter a

12 bump or two, but I think that if we keep under the

13 idea that it is a "we" instead of an "I," we'll do

14 well.

15 So if we have to approve the evaluation

16 or if it's done and over with, I just wanted to

17 get my two cents in, so I appreciate it.

18 MS. KEUNE: This is Mary Ann. May I

19 speak about the Director?

20 CHAIRMAN HARBAUGH: Mary Ann.

21 MS. KEUNE: Since I work with him every

22 day, I normally can't speak, and I hope I don't

23 cry, because I try, but --

24 MR. JOHNSON: "I hate that bastard."

25 MS. KEUNE: Either way it is going here.

118

1 MR. DUTTON: "He whips me on Tuesdays."

2 MS. KEUNE: Just I do work with Perry

3 every day, and what you see is what you get all

4 the time. He is so fair, and just -- I don't

5 know. He's just perfect for this job, and always

6 trying to do his best to represent you guys, and

7 very fair to work for, wonderful to work for.

8 And on the note of you all, we so

9 appreciate your support, your input, we value it,

10 and it makes our job easier that we know we have

11 good support. So thank you for what you do, too,

12 and thank you, Perry, for being the boss you are,

13 and I appreciate it.

14 UNKNOWN SPEAKER: Does he hurt your

15 feelings?

16 MS. KEUNE: Did he ever hurt my

17 feelings?


19 MR. JOHNSON: You ought to hear some of

20 our conversations. You know, Mary Ann makes a

21 good point, and that's that support from the

22 Council. You know, I get to represent you. I get

23 to speak to the Legislature. Everybody. I get to

24 be the point of the spear kind of for this

25 Council.

119

1 But I never feel like I ever go into any

2 of those meetings by myself, because I just feel

3 like you guys got my back. If something happens,

4 we're going to go through it together. And that's

5 a big deal. If you don't really have that, you

6 kind of feel like you're out there on your own.

7 I've never felt like that. I've felt like from

8 the time we started rebuilding this, and putting

9 it back together, you guys were right there.

10 And I think that's the only reason we're

11 right here today where we are. I think we're

12 positioned pretty good. We're going to take bumps

13 along the way, we're going to take a hit on the

14 budget, but that's how much service we're going

15 get then, too, through those discussions. So I

16 guess that's my opportunity to say thanks.


18 other comments from people on the phone?

19 (No response)

20 CHAIRMAN HARBAUGH: Anyone else?

21 (No response)

22 CHAIRMAN HARBAUGH: Any other business

23 for the good of the Council?

24 (No response)


120

1 motion to adjourn.

2 (Inaudible)

3 UNKNOWN SPEAKER: So moved.

4 CHAIRMAN HARBAUGH: We stand in

5 adjournment. Thanks for being here today.

6

7

8

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10

11

12

13

14

15

16

17

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19

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121

$$1 ,700 - 88:6$1 ,800 -79:21

$100 - 24:16$100 ,000 [ 2 ]87:15, 90 :7

$15 ,000 -90:2

$2 ,500 -86:20

$200 ,180 -78:16

$23 ,000 [ 3 ]80:23, 90 :5 ,90 :9

$41 ,000 -88:7

$41 ,100 -88:5

$417 ,000 [ 2 ]88:4 , 90 :11

$42 ,000 -88:24

$440 ,000 -78:16

$50 ,000 -88:10

$56 ,000 -98:20

$6 .71 - 24:18$60 - 79:20$70 - 24:16$80 ,000 [ 2 ]87:15, 90 :6

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100 - 33:2102 - 65:12104 - 70:3105 - 70:4106 [ 2 ] 78:8 ,

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109 - 78:8110 [ 2 ] 78:8 ,87 :19

111 [ 2 ] 86:23,95 :21

112 [ 2 ] 86:24,87 :1

113 - 86:24114 - 86:24115 - 86:24116 - 96:19117 - 96:2012 [ 3 ] 79:8 ,115:2 , 115:3

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61 - 17:862 - 17:1463 [ 2 ] 48:19,72 :25

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abso lu te -116:25

abso lu te l y [ 2 ]2:16, 33 :2

abso rb - 98:3abso rbed -75:21

abso rb ing -101:9

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academ ies [ 2 ]11:8 , 76 :12

academy [ 2 1 ]9:20, 11 :5 ,11 :9 , 12 :9 ,13 :3 , 13 :10 ,35 :18 , 39 :17 ,40 :1 , 41 :12 ,65 :16 , 67 :25 ,69 :21 , 76 :22 ,77 :8 , 92 :17 ,100:16,101:1 ,101:19,101:23,107:12

a c c e p t [ 3 ]8:14, 46 :11 ,54 :17

accep tab le -54:14

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a c c e s s [ 2 ]95:25, 96 :11

accommoda te

- 90:1accommoda t i ng - 113:2accoun tab le -117:5

acc rua l s [ 2 ]78:21, 78 :21

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acknow ledges - 46:25a c t [ 2 ] 19:12,73 :3

ac t i on [ 4 ]15:1 , 73 :4 ,73 :16 , 98 :4

ac t i onab le -46:14

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add ing [ 2 ]36:8 , 57 :7

add i t i on [ 7 ]29:19, 30 :9 ,32 :15 , 33 :19 ,42 :14 , 88 :22 ,90 :3

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add i t i ons [ 3 ]26:22, 26 :24 ,108:6

add ress [ 5 ]12:24, 13 :22 ,14 :1 , 63 :5 ,111:21

add ressed [ 2 ]22:17, 36 :19

adds [ 3 ] 25:5 ,26 :24 , 58 :6

adequa te -55:18

ad jou rn -120:1

ad jou rnmen t -120:5

adm in i s t r a t i on - 82:19a d m i n i s t r a t i v e [ 1 5 ] 1:15,11 :25 , 18 :23 ,19 :1 , 19 :11 ,

12219:14,20 :1 , 45 :22 ,45 :25 , 46 :21 ,51 :7 , 51 :14 ,51 :18 , 88 :20 ,100:3

a d m i n i s t r a t o r [ 2 ] 84:11,97 :24

a d m i n i s t r a t o r s [ 4 ] 84:15,92 :25 , 95 :23 ,110:17

adm i re - 75:5a d m i t [ 2 ]35:13, 37 :1

a d m i t t e d -37:3

adop t [ 3 ]23:19, 53 :18 ,54 :18

adop ted [ 4 ]36:18, 51 :17 ,59 :24 , 73 :22

adop t i ng [ 3 ]47:23, 51 :22 ,60 :14

adop t i on -51:3

adu l t s - 102:7advoca te -75:12

a f f a i r s - 86:14a f f i r m a t i o n -80:4

a f t e rwa rds -66:20

aga ins t -72:21

agenc ies [ 9 ]15:3 , 20 :6 ,27 :5 , 30 :3 ,38 :20 , 38 :24 ,72 :25 , 73 :8 ,80 :18

agency [ 1 8 ]10:21, 27 :2 ,29 :20 , 30 :6 ,30 :13 , 36 :21 ,39 :14 , 44 :9 ,53 :5 , 54 :10 ,55 :4 , 55 :11 ,56 :6 , 58 :11 ,74 :6 , 74 :10 ,74 :11 , 95 :22

agency ' s -38:1

agenda [ 2 3 ]7:25, 14 :8 ,14 :14 , 14 :16 ,

14 :21 , 14 :24 ,15 :4 , 16 :3 ,16 :8 , 18 :21 ,27 :23 , 62 :6 ,63 :3 , 67 :21 ,68 :3 , 71 :17 ,71 :23 , 71 :25 ,74 :1 , 77 :14 ,82 :23 , 96 :23 ,105:8

ag ree [ 6 ]33:23, 54 :3 ,56 :22 , 94 :16 ,111:24,116:16

ag reed [ 2 ]52:19, 52 :23

ag rees -54:13

ah ' s - 67:1ahead [ 1 3 ]14:11, 22 :4 ,29 :10 , 32 :6 ,34 :25 , 43 :19 ,52 :9 , 52 :15 ,56 :22 , 58 :10 ,61 :8 , 98 :14 ,114:7

a la rm - 95:3a las - 107:16A lexand r i a -77:6

a l l ega t i on -72:21

a l l oca ted [ 2 ]78:15, 78 :15

a l l ow [ 6 ]12:24, 25 :16 ,25 :21 , 26 :17 ,43 :7 , 97 :1

a l l ow ing [ 2 ]9:18, 9 :19

a l l ows [ 4 ]26:8 , 26 :11 ,41 :2 , 43 :4

a l ready [ 1 2 ]9:5 , 9 :23 ,12 :13 , 22 :10 ,22 :13 , 30 :22 ,50 :5 , 57 :3 ,80 :21 , 81 :8 ,83 :1 , 110:1

A lzada -94:20

amend [ 2 ]55:19, 56 :4

amended [ 3 ]60:3 , 60 :5 ,60 :15

amendmen t

[ 1 4 ] 36:7 ,39 :11 , 41 :20 ,43 :9 , 43 :12 ,52 :2 , 52 :16 ,52 :23 , 53 :3 ,53 :10 , 53 :18 ,53 :22 , 54 :18 ,56 :16

amendmen ts [ 1 9 ] 18:22,20 :16 , 20 :24 ,21 :7 , 21 :15 ,22 :9 , 22 :21 ,25 :15 , 27 :18 ,28 :6 , 28 :11 ,28 :19 , 29 :12 ,45 :23 , 48 :25 ,53 :16 , 57 :2 ,57 :15 , 57 :20

amoun t [ 3 ]78:18, 79 :5 ,85 :16

ana l ys t s -89:9

ancho red -75:1

Ann [ 1 9 ] 1:15,5 :8 , 7 :1 ,64 :8 , 65 :23 ,74 :4 , 80 :4 ,81 :6 , 81 :10 ,87 :1 , 87 :2 ,89 :20 , 106:1 ,106:12,106:15,110:15,117:18,117:20,118:20

Anno ta ted -60:8

announcemen t - 63:12annua l [ 3 ]80:23, 90 :8 ,111:22

annua l l y [ 3 ]41:10, 98 :20 ,111:19

an t i c i pa te -85:25

an t i c i pa ted -79:19

an t i qua ted -81:12

anyhow - 75:3anymore [ 2 ]12:18, 86 :17

any t ime - 68:1anyway [ 3 ]

16:14, 19 :16 ,115:13

appea l - 98:7app laud - 67:5app lause -64:1

app le - 70:1app l i cab le -67:2

app l i can t s -16:14

app l i ca t i on [ 3 ]55:23, 60 :9 ,94 :19

app l i ed [ 2 ]16:14, 98 :10

app ly [ 4 ]31:12, 80 :17 ,99 :18 , 99 :23

appo in tmen t -107:16

app ra i sa l -110:19

app rec i a te [ 1 2 ] 24:6 ,43 :1 , 63 :20 ,64 :20 , 65 :8 ,75 :8 , 75 :18 ,77 :23 ,116:15,117:17,118:9 , 118:13

app rec i a ted [ 2 ] 88:25,106:7

app rec i a t i on -63:16

app roach [ 5 ]45:22, 46 :10 ,47 :15 , 48 :15 ,66 :6

app rop r i a t e [ 3 ] 29:2 ,31 :19 , 59 :20

app rop r i a te l y [ 3 ] 28:17,36 :21 , 37 :25

app rova l [ 7 ]6:22, 41 :13 ,43 :15 , 68 :3 ,68 :7 , 88 :18 ,98 :23

app rove [ 1 8 ]7:6 , 7 :12 ,39 :21 , 41 :9 ,44 :5 , 49 :11 ,50 :17 , 50 :19 ,50 :19 , 53 :2 ,53 :13 , 67 :22 ,70 :15 , 70 :17 ,

82 :25 , 83 :10 ,83 :17 , 117:15

app roved [ 1 1 ]10:22, 11 :6 ,11 :21 , 31 :8 ,31 :9 , 37 :10 ,39 :8 , 43 :5 ,44 :6 , 67 :23 ,98 :9

app rov ing [ 5 ]50:25, 51 :1 ,51 :2 , 51 :14 ,51 :22

a reas [ 2 ]69:21, 114:25

a r e n ' t - 15:4a rgue [ 2 ]116:20,116:21

a rgumen t -46:8

a rgumen ta t i on - 28:16ARM [ 2 0 ] 8:1 ,17 :10 , 18 :12 ,18 :24 , 25 :21 ,26 :16 , 30 :1 ,31 :17 , 34 :12 ,38 :6 , 38 :16 ,43 :16 , 45 :2 ,54 :16 , 56 :4 ,76 :14 , 77 :12 ,99 :15 , 99 :19 ,108:21

ARMs [ 2 2 ]7:24, 8 :6 ,17 :1 , 17 :10 ,20 :3 , 25 :16 ,26 :23 , 27 :7 ,27 :14 , 36 :7 ,40 :4 , 50 :18 ,50 :20 , 51 :1 ,51 :1 , 51 :3 ,53 :3 , 53 :13 ,55 :19 , 79 :17 ,109:12,109:17

as ide [ 2 ]7:19, 68 :21

ask ing [ 2 ]13:24, 91 :3

as leep - 71:14assau l t -114:19

assau l t ed [ 3 ]115:3 , 115:5 ,116:1

a s s a u l t s -115:7

ass ignmen t

[ 2 ] 64:5 ,108:5

a s s i s t a n c e [ 3 ]63:21, 73 :11 ,106:8

assoc ia te -64:6

Assoc ia t i on [ 3 ] 69:4 ,96 :20 , 114:17

assum ing -14:22

a t e - 107:18a t t a -boys -106:22

a t t a c h e d -96:23

a t t a c h m e n t [ 3 ]21:11, 21 :20 ,21 :23

a t t a c k -115:16

a t t e n d [ 4 ]12:11, 40 :12 ,40 :17 , 97 :3

a t t endance -39:25

a t t ended [ 5 ]11:5 , 83 :7 ,107:6 , 107:7 ,107:8

a t t e n t i o n [ 2 ]16:7 , 24 :11

a t t e s t i n g -46:1

a t t o rney [ 4 ]24:7 , 68 :21 ,106:9 , 109:16

a t t o rney ' s [ 3 ]34:9 , 69 :3 ,99 :2

a t t o rneys [ 3 ]68:25, 69 :5 ,76 :2

A u g u s t - 83:2au tho r i t y [ 2 ]26:13, 32 :25

au tho r i ze -60:12

au tho r i zed [ 4 ]19:5 , 19 :6 ,37 :19 , 44 :8

au tho r i zes -27:4

ava i l ab i l i t y -25:17

ava i l ab le [ 3 ]19:17, 75 :4 ,82 :24

avo id i ng -

12347:22

award [ 4 ]54:24, 55 :20 ,58 :22 , 60 :6

awarded [ 2 ]99:11, 99 :25

award ing -99:24

awesome -86:8

awh i l e [ 3 ]66:10, 97 :16 ,117:8

aye [ 6 ] 7:14,60 :25 , 68 :15 ,70 :24 , 71 :13 ,83 :23

Bb ) (8 - 18:1backg round -9:24

bad [ 4 ] 65:19,75 :5 , 78 :1 ,112:1

ba l l s - 91:15base [ 1 3 ]79:3 , 80 :12 ,80 :15 , 80 :16 ,80 :22 , 80 :24 ,81 :11 , 81 :19 ,87 :6 , 90 :4 ,99 :21 , 99 :22 ,101:11

bases [ 4 ]87:5 , 87 :12 ,90 :8 , 95 :19

bas i c [ 3 5 ]10:19, 13 :4 ,20 :19 , 20 :20 ,22 :23 , 27 :6 ,27 :8 , 30 :17 ,33 :8 , 35 :6 ,36 :9 , 39 :17 ,40 :1 , 40 :1 ,40 :12 , 40 :17 ,41 :12 , 49 :8 ,52 :18 , 53 :25 ,65 :10 , 65 :16 ,66 :18 , 67 :25 ,69 :20 , 70 :3 ,70 :9 , 92 :17 ,99 :14 , 99 :18 ,99 :24 , 100:2 ,100:15,101:1 , 101:4

bas i ca l l y [ 2 ]25:14, 46 :24

bas i cs - 20:20

bas ta rd -117:24

bea r - 28:2bea t - 107:24become [ 3 ]30:24, 51 :20 ,114:20

beg in - 88:16beg inn ing -19:16

beh ind [ 2 ]9:7 , 115:24

be l i e f -116:25

be l i eves -73:9

b e l t s - 91:21bene f i c i a l -26:18

bene f i t [ 3 ]45:18, 98 :21 ,103:18

b e n e f i t s -47:21

bes ides -110:3

b e s t [ 2 ]10:11, 118:6

b e t t e r [ 3 ]85:22, 85 :24 ,104:19

beyond -23:16

b igges t - 74:8b i l l [ 1 6 ] 1:8 ,2 :22 , 13 :18 ,15 :18 , 27 :16 ,27 :21 , 31 :17 ,47 :11 , 58 :15 ,59 :16 , 60 :23 ,70 :16 ,107:15,107:18,111:24,114:18

b i l l i ngs - 83:3b inde r - 50:5b i t [ 6 ] 29:4 ,69 :16 , 88 :25 ,96 :5 , 113:23,114:21

b i t e - 70:1b lank [ 2 ]17:11, 48 :14

b lanks - 18:8b lessed -92:15

b less i ng [ 2 ]36:1 , 36 :10

BLM [ 2 ] 1:3 ,

1 :25boa rd [ 9 ]9:24, 13 :23 ,14 :3 , 14 :6 ,26 :14 , 76 :18 ,94 :3 , 94 :7 ,94 :8

boa rd ' s -76:15

body - 90:23Bo lge r [ 1 3 ]1:16, 5 :8 ,5 :13 , 5 :22 ,5 :22 , 34 :19 ,35 :1 , 35 :15 ,40 :6 , 58 :19 ,59 :4 , 59 :13 ,102:14

book - 29:13boss - 118:12b o t t o m [ 2 ]30:9 , 73 :7

bound [ 4 ]45:21, 46 :20 ,49 :24 , 50 :8

Bov ingdon -69:13

box - 116:4Bozeman - 2:6b ranch -49:19

b read th - 67:2b reak [ 2 ]63:2 , 96 :4

b r e a k f a s t -107:15

b rea the -71:15

b r i e f l y -110:23

b r i ng [ 9 ] 8:12,16 :2 , 40 :21 ,76 :8 , 77 :14 ,78 :23 , 84 :11 ,100:19, 104:8

b r i ng ing [ 2 ]57:21, 115:13

b r i ngs [ 8 ]69:17, 78 :7 ,82 :13 , 86 :22 ,86 :23 , 100:5 ,102:6 , 108:2

b roken -69:23

b rough t [ 3 ]15:19, 76 :10 ,83 :3

bubb le - 91:2budge t [ 2 7 ]61:18, 74 :1 ,

77 :25 , 78 :9 ,78 :16 , 78 :22 ,79 :16 , 80 :10 ,82 :3 , 87 :17 ,87 :20 , 88 :1 ,88 :4 , 89 :2 ,89 :3 , 90 :1 ,90 :10 , 90 :12 ,90 :13 , 95 :9 ,96 :24 , 98 :10 ,98 :11 , 98 :25 ,103:3 , 103:8 ,119:14

bu l l e t - 84:18bump - 117:12bumps -119:12

bunch [ 2 ]5:10, 107:13

B u r d i c k [ 7 ]1:7 , 2 :17 ,2 :20 , 5 :21 ,7 :10 , 71 :9 ,109:10

buses - 93:7buy ing - 90:4

Ccad re - 18:9cad res - 68:1ca lenda r [ 2 ]102:22,104:13

Ca l i f o rn i a [ 2 ]82:16, 100:14

ca l l i ng - 19:12c a n ' t [ 9 ] 8:20,9 :10 , 13 :12 ,14 :22 , 35 :13 ,92 :21 ,106:19,111:13,117:22

cand ida te -31:12

Cap ta i ns -84:16

cap tu re [ 4 ]29:22, 45 :5 ,59 :14 , 77 :20

cap tu red -62:15

c a p t u r e s [ 2 ]55:15, 55 :25

ca re [ 8 ]12:14, 17 :8 ,61 :21 , 86 :1 ,93 :15 , 101:6 ,114:19,

115:19ca ree r - 86:21ca re fu l -75:19

Car l y [ 3 ]97:21, 98 :3 ,98 :21

ca r r i ed -31:21

c a r r i e s [ 5 ]7:18, 61 :4 ,68 :19 , 71 :3 ,84 :2

ca r r y [ 2 ] 16:2 ,22 :25

case [ 1 2 ]46:3 , 59 :10 ,73 :11 , 90 :24 ,91 :11 , 94 :14 ,94 :25 , 97 :18 ,105:13,108:17,109:20, 110:2

c a s e s [ 8 ]72:18, 72 :22 ,72 :25 , 90 :21 ,90 :22 , 102:6 ,104:21,104:25

c a t c h - 56:17Ca tch -22 -9:10

ca tego r i es [ 2 ]44:22, 49 :7

ca tego ry [ 3 ]20:19, 22 :22 ,44 :20

cau t i on - 23:9cava l i e r -89:11

c a v e a t -100:15

Cede rbe rg [ 3 9 ] 2:3 , 4 :16 ,4 :16 , 4 :21 ,4 :24 , 6 :1 ,6 :1 , 7 :22 ,7 :22 , 8 :9 ,23 :6 , 23 :22 ,24 :2 , 24 :4 ,24 :6 , 24 :7 ,32 :4 , 32 :22 ,33 :22 , 34 :3 ,35 :1 , 35 :8 ,35 :15 , 35 :20 ,37 :16 , 40 :7 ,40 :18 , 41 :16 ,42 :5 , 42 :25 ,43 :13 , 52 :1 ,52 :1 , 52 :24 ,

53 :7 , 53 :14 ,54 :4 , 54 :12 ,54 :20

c e n t s [ 2 ]116:4 , 117:17

ce r ta i n l y [ 6 ]28:17, 48 :2 ,57 :17 , 63 :6 ,64 :7 , 102:20

c e r t i f i c a t e [ 3 3 ] 20:19,30 :17 , 30 :18 ,31 :10 , 31 :20 ,31 :25 , 33 :8 ,33 :21 , 34 :5 ,35 :3 , 35 :4 ,35 :6 , 35 :11 ,35 :14 , 36 :9 ,39 :15 , 39 :16 ,39 :19 , 39 :23 ,40 :11 , 40 :15 ,40 :16 , 41 :2 ,42 :2 , 44 :13 ,54 :24 , 55 :21 ,58 :22 , 60 :6 ,73 :5 , 73 :17 ,99 :15 , 99 :18

c e r t i f i c a t e s [ 1 1 ] 20:21,22 :23 , 27 :8 ,40 :10 , 52 :18 ,53 :25 , 88 :21 ,99 :11 , 99 :24 ,100:2 , 100:6

c e r t i f i c a t i o n [ 2 5 ] 8:14,8 :20 , 20 :4 ,20 :18 , 26 :25 ,29 :14 , 32 :14 ,32 :20 , 33 :16 ,34 :2 , 34 :12 ,34 :18 , 41 :22 ,42 :9 , 42 :13 ,42 :14 , 42 :19 ,43 :22 , 49 :4 ,49 :5 , 49 :8 ,49 :24 , 55 :24 ,56 :18 , 60 :9

c e r t i f i e d [ 1 6 ]9:9 , 9 :19 ,13 :13 , 30 :24 ,31 :3 , 32 :11 ,33 :1 , 40 :3 ,40 :5 , 43 :25 ,44 :4 , 44 :10 ,45 :4 , 45 :19 ,49 :21 , 76 :22

ce r t i f y - 40:24Cha i r - 1:7cha i rman

124[145]2:12, 2 :25 ,3 :7 , 4 :6 , 5 :4 ,5 :18 , 6 :16 ,6 :20 , 6 :24 ,7 :5 , 7 :9 ,7 :11 , 7 :16 ,7 :18 , 8 :5 ,8 :10 , 13 :17 ,13 :18 , 14 :9 ,14 :11 , 15 :7 ,16 :17 , 16 :25 ,17 :18 , 18 :11 ,18 :14 , 18 :17 ,18 :20 , 23 :20 ,24 :3 , 27 :15 ,27 :21 , 29 :6 ,29 :15 , 32 :1 ,32 :2 , 32 :3 ,32 :6 , 34 :24 ,34 :25 , 36 :17 ,43 :14 , 43 :17 ,43 :19 , 44 :23 ,44 :24 , 45 :8 ,48 :4 , 49 :9 ,49 :13 , 50 :1 ,50 :14 , 50 :23 ,51 :15 , 52 :8 ,52 :13 , 52 :15 ,56 :23 , 57 :9 ,58 :14 , 58 :15 ,59 :19 , 59 :23 ,60 :13 , 60 :22 ,61 :2 , 61 :4 ,61 :7 , 61 :11 ,61 :17 , 62 :1 ,62 :4 , 62 :20 ,62 :24 , 63 :4 ,63 :24 , 64 :2 ,65 :7 , 66 :15 ,67 :13 , 67 :14 ,67 :17 , 68 :5 ,68 :10 , 68 :13 ,68 :17 , 68 :19 ,68 :20 , 70 :2 ,70 :14 , 70 :19 ,70 :22 , 71 :1 ,71 :3 , 71 :10 ,71 :16 , 76 :13 ,76 :19 , 77 :24 ,78 :2 , 81 :22 ,82 :1 , 82 :6 ,83 :11 , 83 :14 ,83 :16 , 83 :21 ,83 :25 , 84 :2 ,84 :8 , 93 :24 ,95 :4 , 95 :10 ,95 :16 , 96 :10 ,97 :9 , 103:2 ,104:8 , 105:2 ,

105:15,105:18,105:22,108:3 , 108:4 ,109:3 , 109:6 ,109:11,109:20,109:24,110:4 , 110:7 ,110:12,111:16,112:16,112:22,113:15,113:19,114:13,116:5 ,117:20,119:17,119:20,119:22,119:25, 120:4

chance [ 2 ]92:8 , 115:14

change [ 1 3 ]22:24, 22 :25 ,49 :21 , 67 :25 ,68 :1 , 68 :2 ,77 :12 , 77 :13 ,77 :13 , 77 :21 ,95 :24 , 99 :15 ,116:1

changed [ 5 ]9:17, 46 :10 ,67 :24 , 70 :9 ,99 :19

changes [ 1 3 ]19:6 , 20 :2 ,21 :14 , 22 :18 ,23 :4 , 23 :8 ,23 :19 , 25 :21 ,27 :12 , 41 :11 ,54 :16 , 58 :11 ,70 :7

chang ing - 9:2Chap la i n -86:5

cha rge - 96:1c h e c k - 80:19c h e s t - 75:20Ch ie f [ 2 0 ]1:22, 2 :6 ,8 :10 , 10 :5 ,10 :15 , 24 :3 ,27 :15 , 45 :15 ,45 :17 , 46 :16 ,47 :1 , 47 :25 ,56 :23 , 60 :22 ,60 :23 , 61 :23 ,84 :14 , 84 :23 ,

113:15,114:13

Ch ie f s [ 4 ]84:15, 93 :1 ,95 :22 , 110:16

cho i ce - 38:1choose -31:11

chooses -37:1

Chr i s [ 4 3 ]1:19, 6 :10 ,11 :2 , 12 :4 ,12 :4 , 14 :10 ,14 :11 , 17 :5 ,18 :15 , 18 :17 ,23 :25 , 27 :16 ,29 :3 , 29 :16 ,32 :4 , 32 :23 ,34 :19 , 35 :2 ,38 :4 , 41 :23 ,43 :1 , 43 :19 ,44 :23 , 45 :1 ,48 :5 , 48 :6 ,48 :11 , 50 :2 ,50 :22 , 52 :22 ,53 :13 , 57 :10 ,58 :20 , 59 :16 ,63 :9 , 63 :12 ,63 :18 , 63 :24 ,64 :1 , 64 :3 ,65 :7 , 79 :22 ,86 :5

ch rono logy -87:3

c i r c u i t - 37:6CIT - 85:4c i t e - 17:13c i t i zens [ 2 ]85:5 , 115:22

c i t y [ 3 ] 1:4 ,55 :8 , 103:10

c l a im - 46:7c l a r i f i ca t i on [ 4 ] 8:13, 9 :16 ,9 :25 , 26 :15

c la r i f y [ 3 ]30:5 , 40 :7 ,58 :20

c la r i f y i ng [ 3 ]26:20, 39 :12 ,39 :12

Cla rk [ 3 ] 82:9 ,82 :25 , 83 :17

c l a s s [ 8 ]41:12, 65 :17 ,65 :22 , 68 :22 ,101:1 , 101:7 ,101:24, 111:4

c l a s s e s [ 6 ]

69:1 , 69 :6 ,69 :20 ,100:25,102:1 , 102:2

c l a s s i f i c a t i o n - 41:22c lean [ 4 ]26:16, 27 :13 ,81 :15 , 85 :12

c leaned [ 2 ]81:2 , 99 :17

c l ea r [ 4 ] 12:3 ,31 :23 , 37 :17 ,54 :15

Cle rge t [ 2 ]19:18, 46 :2

c l ose [ 3 ]57:22, 63 :13 ,96 :17

c l osed - 102:6c l os i ng -114:14

code [ 1 1 ]45:17, 45 :20 ,45 :21 , 46 :1 ,46 :7 , 46 :19 ,49 :25 , 50 :4 ,50 :8 , 60 :8 ,96 :12

cogn i zan t -88:23

co l l ege [ 2 ]11:10, 12 :12

co l l eges -77:6

c o m e s [ 6 ]38:22, 49 :17 ,82 :15 , 88 :2 ,99 :4 , 115:18

c o m f o r t a b l e -112:12

com ing [ 5 ]15:17, 15 :20 ,79 :19 , 95 :2 ,95 :24

command -100:3

c o m m e n t [ 2 7 ]7:19, 7 :20 ,8 :2 , 13 :21 ,13 :21 , 13 :23 ,16 :18 , 19 :21 ,19 :22 , 20 :15 ,20 :22 , 23 :7 ,23 :18 , 27 :25 ,43 :14 , 45 :9 ,45 :14 , 46 :23 ,47 :20 , 48 :14 ,52 :9 , 57 :13 ,57 :19 , 58 :12 ,

67 :12 , 95 :5 ,114:15

commen ted -57:21

c o m m e n t s [ 3 2 ] 8:3 , 8 :4 ,18 :12 , 21 :10 ,23 :10 , 23 :11 ,24 :4 , 24 :12 ,27 :11 , 27 :22 ,29 :6 , 32 :2 ,48 :18 , 49 :9 ,52 :10 , 53 :16 ,57 :3 , 57 :23 ,62 :21 , 66 :16 ,67 :15 , 75 :17 ,75 :19 , 76 :8 ,77 :4 , 109:25,110:19,110:21,112:16,113:16,113:17,119:18

c o m m i t t e e [ 2 7 ] 17:10,18 :24 , 18 :24 ,31 :17 , 38 :16 ,71 :18 , 71 :21 ,72 :5 , 72 :6 ,73 :2 , 73 :12 ,76 :14 , 76 :17 ,77 :16 , 79 :10 ,80 :3 , 92 :9 ,94 :15 , 94 :25 ,97 :19 ,105:14,108:2 , 108:5 ,108:16,108:17,108:20,108:21

c o m m i t t e e s [ 2 ] 108:7 ,108:12

commun i ca t i ons [ 3 ] 43:23,116:22,116:23

commun i t i e s [ 5 ] 92:24,93 :3 , 93 :15 ,93 :18 , 93 :23

commun i t y -72:19

comp i l a t i on -110:13

comp la i n t -116:13

comp la i n t s [ 3 ]

88:14, 93 :5 ,116:10

comp le te [ 2 ]40:25, 60 :14

comp le ted [ 5 ]8:16, 10 :19 ,39 :22 , 40 :25 ,44 :14

comp le te l y [ 3 ]78:13, 88 :15 ,96 :2

comp le tes -42:18

comp le t i on -42:15

componen t -11:25

concep t -33:15

conce rned -72:15

conc i se -31:24

conduc t -64:13

conduc ted [ 5 ]41:14, 82 :12 ,83 :1 , 83 :2 ,108:17

con fe rence [ 5 ]96:22, 97 :3 ,107:8 , 107:9 ,107:12

con fe rences -107:22

con f i dence -116:13

c o n f i r m a t i o n -86:17

c o n f l i c t [ 2 ]37:6 , 37 :7

con fused -57:2

Connec t i cu t -84:23

connec t i on -4:18

consc i ous -116:3

consensus -76:19

consequence [ 2 ] 88:11,88 :13

cons ide r [ 8 ]14:24, 16 :4 ,22 :5 , 22 :18 ,54 :22 , 74 :14 ,76 :24 , 103:18

cons ide rab le

125[2]64:12, 79 :5

cons ide ra t i on [ 3 ] 14:14,19 :2 , 58 :3

cons ide ra t i ons - 113:4cons ide red [ 3 ]7:24, 9 :9 ,23 :18

cons ide r i ng [ 7 ] 21:20,22 :3 , 22 :12 ,28 :14 , 29 :1 ,57 :15 , 78 :19

cons i s t ed -21:12

c o n s i s t e n t -94:18

C o n s t i t u t i o n [ 2 ] 47:9 ,47 :17

cons t i t u t i ona l [ 4 ] 47:4 , 47 :7 ,47 :14 , 47 :22

c o n t a c t - 76:2con temp la ted - 57:25c o n t e n t -66:21

c o n t e s t e d [ 5 ]46:3 , 90 :21 ,90 :22 , 90 :24 ,104:21

con t i nua t i on [ 2 ] 25:22,26 :17

con t i nue [ 8 ]25:20, 27 :14 ,31 :19 , 43 :7 ,94 :10 , 99 :8 ,103:4 , 111:21

con t i nued -25:17

c o n t r a c t [ 3 ]80:25, 95 :6 ,95 :7

c o n t r a s t [ 2 ]44:1 , 44 :19

con t ro l [ 2 ]36:25, 96 :2

conve rsa t i on [ 1 0 ] 5:17,17 :17 , 18 :3 ,50 :21 , 78 :4 ,96 :24 , 109:2 ,112:20,116:18,118:18

conve rsa t i ons

- 118:20cope - 86:14Corone r -110:8

c o r r e c t [ 1 2 ]28:1 , 31 :13 ,41 :4 , 43 :1 ,45 :6 , 52 :24 ,54 :3 , 54 :11 ,54 :20 , 55 :14 ,57 :5 , 81 :6

Cor rec t i ona l [ 8 ] 2:4 , 19 :25 ,22 :20 , 24 :8 ,24 :9 , 28 :8 ,31 :2 , 55 :6

Cor rec t i ons -39:5

co r rec t l y [ 2 ]38:9 , 40 :19

c o s t [ 1 0 ]9:22, 16 :13 ,24 :16 , 25 :5 ,87 :14 , 90 :8 ,98 :20 ,103:18,111:23, 113:6

c o s t s - 24:15cou ldn ' t [ 2 ]9:9 , 86 :14

counc i l [ 7 3 ]1:1 , 1 :6 , 1 :6 ,1 :11 , 14 :23 ,15 :10 , 16 :4 ,17 :9 , 18 :8 ,19 :4 , 21 :19 ,22 :3 , 22 :14 ,23 :18 , 23 :24 ,28 :18 , 28 :19 ,31 :6 , 31 :8 ,31 :21 , 35 :17 ,37 :5 , 37 :8 ,38 :16 , 38 :23 ,39 :9 , 41 :8 ,45 :2 , 46 :16 ,48 :16 , 51 :7 ,55 :24 , 60 :10 ,60 :12 , 62 :10 ,62 :17 , 63 :9 ,63 :20 , 63 :25 ,64 :4 , 64 :7 ,64 :11 , 64 :15 ,64 :23 , 65 :5 ,68 :2 , 69 :12 ,72 :11 , 72 :18 ,72 :20 , 73 :4 ,73 :9 , 73 :22 ,74 :15 , 75 :6 ,78 :12 , 79 :11 ,80 :6 , 80 :14 ,

88 :13 , 92 :11 ,94 :15 ,100:19,107:15,108:15,108:24,111:17,112:6 ,112:14,117:9 ,118:22,118:25,119:23

Counc i l ' s [ 6 ]15:6 , 19 :1 ,20 :4 , 23 :3 ,43 :2 , 110:17

Counse l [ 6 ]1:18, 2 :3 ,11 :12 , 11 :23 ,14 :1 , 82 :24

coun ty [ 1 9 ]1:23, 2 :1 ,2 :7 , 24 :15 ,24 :19 , 34 :9 ,55 :8 , 62 :5 ,68 :21 , 68 :25 ,69 :3 , 69 :5 ,74 :12 , 74 :13 ,82 :9 , 82 :15 ,83 :1 , 83 :18 ,111:5

coup le [ 1 1 ]11:7 , 11 :21 ,20 :2 , 20 :9 ,25 :15 , 25 :24 ,61 :22 , 71 :22 ,87 :23 , 88 :9 ,107:1

cou rse [ 5 ]8:25, 10 :19 ,12 :15 , 18 :7 ,25 :7

c o u r t [ 3 ] 2:7 ,69 :14 , 102:12

cove red [ 3 ]42:20, 48 :11 ,107:3

c o v e r s - 74:11c r e a t e [ 2 ]41:21, 93 :17

c r e d i t [ 3 ]75:10, 84 :12 ,109:14

c r im ina l [ 2 ]4:11, 13 :7

Cr i s i s - 85:4c r i t i c a l -82:21

c r o s s - 90:19

Crown [ 4 ]80:11, 81 :13 ,82 :4 , 90 :4

C r u t c h e r -79:14

c r y - 117:23cumu la t i ve -85:8

c u r r e n t -10:23

cu r ren t l y [ 2 ]25:18, 94 :10

cu r r i cu l um [ 7 ]35:23, 36 :1 ,39 :16 , 39 :17 ,43 :5 , 102:5 ,110:4

cuss i ng -112:19

c u t [ 4 ] 5:14,6 :12 , 44 :25 ,61 :18

c u t s - 82:3

Dda -da -da -da -da - 55:2Dako ta -13:14

damn [ 2 ]15:11, 66 :2

Dan [ 1 4 ] 2:3 ,4 :16 , 6 :1 ,7 :22 , 8 :5 ,24 :7 , 32 :7 ,36 :17 , 41 :7 ,41 :25 , 52 :1 ,52 :5 , 52 :23 ,53 :6

da rn - 67:11da ta [ 2 4 ]79:2 , 79 :2 ,80 :11 , 80 :12 ,80 :15 , 80 :16 ,80 :20 , 80 :21 ,80 :24 , 81 :2 ,81 :2 , 81 :7 ,81 :11 , 81 :15 ,81 :19 , 87 :5 ,87 :6 , 87 :12 ,90 :4 , 90 :7 ,95 :19 , 96 :15 ,99 :21 , 99 :22

da te [ 6 ]10:24, 11 :14 ,19 :8 , 50 :8 ,51 :19 , 104:5

da tes [ 3 ]104:12,

104:16, 105:3Dav id [ 2 ]69:9 , 69 :15

Dawson [ 3 ]45:15, 45 :17 ,47 :25

Dawson ' s [ 2 ]46:16, 47 :1

D C I - 1:24dead - 4:20dead l i ne [ 5 ]21:22, 23 :15 ,27 :18 , 28 :10 ,28 :16

dea l [ 1 4 ]20:8 , 20 :13 ,25 :25 , 63 :18 ,78 :19 , 85 :13 ,89 :12 , 94 :18 ,94 :20 , 94 :24 ,101:8 ,106:16,115:20, 119:5

dea l i ng [ 6 ]44:2 , 45 :16 ,80 :18 , 85 :5 ,93 :16 , 107:5

dea l s [ 5 ]26:7 , 44 :22 ,91 :16 , 91 :16 ,106:19

dea l t - 14:22dea th [ 2 ]85:2 , 85 :9

deb r i e f [ 2 ]84:24, 84 :25

dec ide - 65:2dec ided -38:18

dec ides -64:23

dec id i ng -23:19

dec i s i on -8:13

dec i s i ons -4:6

dec l i ne [ 2 ]53:18, 54 :18

dec rease -88:24

deem - 88:17deemed -46:12

deep ly - 20:9de fea ted -114:18

d e f e c t - 47:14de fend - 47:8de f i ned [ 6 ]

55:14, 55 :22 ,56 :13 , 58 :24 ,59 :12 , 60 :8

de f i n i t i on [ 5 ]29:23, 56 :7 ,59 :1 , 59 :5 ,59 :8

de layed [ 3 ]88:14, 88 :15 ,88 :21

de le t i ons -108:6

D e p a r t m e n t [ 6 ] 1:22, 2 :5 ,2 :6 , 39 :4 ,89 :9 , 89 :13

depend ing [ 2 ]72:23, 88 :16

dep th - 67:2Depu ty -68:21

desc r i bed -46:3

desc r i be r s -56:5

desc r i p t i on -48:2

dese rve -106:23

des ignee -97:3

de ta i l [ 2 ]21:6 , 56 :1

D e t e c t i v e -107:23

de ten t i on [ 4 ]40:14, 40 :15 ,40 :16 , 102:3

d e t r a c t e d -70:11

Dia l [ 2 5 ] 1:8 ,2 :22 , 2 :23 ,13 :17 , 13 :19 ,15 :13 , 23 :25 ,24 :3 , 27 :16 ,27 :16 , 29 :3 ,31 :17 , 58 :14 ,58 :16 , 59 :16 ,60 :16 , 60 :20 ,60 :23 , 61 :23 ,70 :16 ,107:15,107:19,109:3 , 109:5 ,111:24

d ia l ed - 4:17d ia l i ng - 6:15d i f f i c u l t i e s -64:12

d i f f i cu l t y -

12647:4

DiFonzo [ 6 ]1:22, 8 :10 ,8 :11 , 10 :5 ,12 :7 , 113:16

DiFRONzo [ 1 0 ] 15:8 ,16 :5 , 77 :22 ,78 :1 , 96 :7 ,96 :11 , 96 :18 ,104:3 , 104:7 ,112:18

d i r ec t i on -38:19

d i rec t l y [ 3 ]34:18, 42 :8 ,42 :24

d i r e c t o r [ 9 ]1:15, 13 :25 ,39 :6 , 97 :2 ,110:14,110:19,110:20,116:10,117:19

D i r e c t o r ' s [ 2 ]64:13, 71 :17

D i r e c t o r s -96:21

d i sag ree -111:17

d i sappea rs -86:3

d i sc i p l i na ry -46:15

d i sc i p l i nes [ 3 ]54:1 , 54 :2 ,102:5

d i sconnec ted [ 2 ] 29:16,52 :6

d i scove red -99:23

d i s c u s s [ 3 ]15:14, 16 :1 ,103:5

d i scussed [ 3 ]26:5 , 55 :6 ,59 :25

d i scusses -69:18

d i scuss i ng -18:22

d i scuss i on [ 2 9 ] 8:2 , 8 :6 ,14 :19 , 16 :21 ,20 :8 , 23 :24 ,30 :21 , 31 :16 ,34 :8 , 38 :15 ,43 :15 , 45 :5 ,

48 :24 , 52 :5 ,62 :14 , 62 :18 ,65 :9 , 66 :13 ,67 :18 , 68 :11 ,68 :11 , 70 :20 ,70 :20 , 73 :25 ,83 :19 , 97 :13 ,103:12,108:5 , 108:15

d i scuss i ons -119:15

d i spa t ch -102:4

d i s r e s p e c t -13:19

d i s t r e s s e d -9:4

D i s t r i c t -69:14

Div i s i on -4:11

D O A - 49:22D O C [ 3 ] 31:6 ,31 :12 , 75 :21

documen t [ 6 ]23:17, 28 :17 ,48 :14 , 48 :18 ,52 :12 , 91 :25

documen ts [ 3 ]51:5 , 51 :9 ,60 :13

dog ' s - 66:8D O J [ 2 ] 94:4 ,98 :12

do l l a r s [ 2 ]9:22, 90 :5

dozen - 11:7dozens -99:25

d r a f t [ 3 ] 19:6 ,48 :20 , 48 :23

d r a f t e d [ 3 ]18:25, 46 :22 ,48 :14

d raw - 24:11d raws - 42:18d r i f t - 114:10d r i nk - 86:13d r i ve - 35:2d r i ven -103:25

d r i v i ng [ 2 ]92:23, 93 :7

du t i es [ 2 ]34:6 , 65 :16

D u t t o n [ 1 3 ]1:9 , 4 :1 , 4 :2 ,10 :5 , 31 :18 ,83 :5 , 83 :19 ,84 :7 , 95 :6 ,

105:6 ,105:10,116:6 , 118:1

dw ind le - 94:9dy ing - 110:10dynamic [ 2 ]78:13, 100:12

Dynneson [ 4 ]1:23, 4 :12 ,4 :12 , 16 :22

Eeas ie r [ 4 ]10:6 , 13 :5 ,75 :14 , 118:10

eas ies t -63:17

eas te rn [ 3 ]13:8 , 61 :22 ,78 :3

easy [ 2 ]12:17, 16 :10

economy -9:12

educa t i on -32:16

educa t i ona l [ 3 ] 32:21,32 :25 , 34 :11

e f f e c t [ 2 ]24:13, 85 :8

e f f e c t i v e [ 3 ]25:5 , 50 :8 ,51 :20

e f f e c t u a t e -49:1

e f f i c i e n t -80:17

e igh t - 4:5e igh ty [ 2 ]91:11, 91 :12

e i t he r [ 4 ]12:23, 39 :3 ,71 :15 , 117:25

e lec t ron i ca l l y - 111:22e lemen ts [ 2 ]17:12, 18 :5

e leven [ 3 ]100:10,100:22,100:23

e l i g i b l e [ 7 ]54:24, 55 :20 ,56 :18 , 58 :22 ,60 :5 , 76 :11 ,99 :20

e l im ina ted -88:15

e l im ina t i ng -88:5

e luc i da te -116:8

ema i l [ 4 ]72:24, 72 :24 ,95 :21 , 106:20

emo t i ons -85:12

emp loyed [ 1 4 ]11:16, 12 :2 ,20 :5 , 30 :3 ,32 :12 , 36 :20 ,37 :24 , 40 :9 ,44 :8 , 44 :11 ,55 :1 , 56 :2 ,56 :9 , 100:17

emp loyee [ 1 2 ]29:20, 30 :6 ,30 :12 , 39 :13 ,53 :5 , 54 :10 ,55 :3 , 55 :7 ,55 :11 , 79 :5 ,97 :17 , 113:24

emp loyees [ 6 ]27:1 , 27 :5 ,35 :13 , 55 :6 ,55 :8 , 89 :14

emp loye r [ 3 ]31:11, 49 :18 ,50 :11

emp loy ing -38:1

emp loymen t [ 1 0 ] 10:25,11 :14 , 11 :24 ,40 :2 , 41 :1 ,44 :12 , 46 :11 ,49 :18 , 79 :8 ,101:22

encapsu la tes - 48:23encoun te r -117:11

encou rage [ 2 ]112:7 , 112:14

encou raged -82:17

encou ragemen t - 82:18encumbered [ 8 ] 78:17,79 :14 , 79 :20 ,79 :24 , 80 :10 ,81 :1 , 90 :3 ,90 :4

ended [ 3 ]72:4 , 72 :7 ,78 :9

endo rsed -

73:22endo rsemen t -87:7

ene rgy - 99:6e n f o r c e m e n t [ 1 3 ] 9:6 , 9 :24 ,10 :21 , 13 :12 ,20 :20 , 42 :2 ,42 :3 , 70 :3 ,76 :11 , 91 :24 ,94 :8 , 96 :21 ,114:24

engage [ 3 ]14:19, 92 :23 ,107:15

eno rmous -24:19

en te r t a i n [ 7 ]7:5 , 48 :2 ,49 :14 , 68 :7 ,70 :14 , 83 :11 ,119:25

en t i r e [ 3 ]8:25, 28 :14 ,63 :25

e n t i t i e s - 26:3en t i t l ed - 37:3en t r i es -99:22

E Q [ 2 ]101:25, 102:2

equ i t ab le -116:14

equ i va lency [ 9 ] 11:18,12 :9 , 12 :15 ,67 :18 , 100:9 ,100:25,101:5 , 101:7 ,102:2

equ i va l en t [ 9 ]10:23, 11 :6 ,18 :7 , 31 :8 ,39 :3 , 40 :1 ,40 :22 , 49 :6 ,100:16

espec ia l l y [ 2 ]12:18, 74 :14

essen t i a l l y -37:8

E t h i c s [ 9 ]45:17, 45 :20 ,45 :21 , 46 :2 ,46 :8 , 46 :19 ,49 :25 , 50 :4 ,50 :8

eva lua ted -113:25

eva lua t i on [ 1 0 ] 65:10,

66 :25 ,110:14,111:5 ,111:20,112:3 , 114:2 ,114:15,116:6 , 117:15

eva lua t i ons [ 7 ] 65:12,65 :19 , 66 :19 ,105:25,110:14,110:22, 111:9

e v e n t s - 82:14even tua l l y -111:8

eve rybody [ 1 4 ] 10:9 ,12 :19 , 38 :13 ,43 :22 , 52 :19 ,56 :17 , 57 :24 ,87 :21 , 87 :24 ,89 :18 , 91 :17 ,111:25,112:8 , 118:23

eve rybody ' s [ 2 ] 7:3 , 17 :24eve ryone [ 3 ]6:24, 68 :5 ,111:12

eve ry th i ng [ 4 ]56:9 , 78 :15 ,107:3 , 112:13

evo l ved -104:21

exac t l y [ 6 ]38:18, 38 :22 ,48 :15 , 50 :2 ,62 :15 , 115:10

Examine r ' s -51:6

Examine rs -91:10

examp le [ 2 ]42:15, 57 :14

exceed ing -39:4

exceeds -100:16

excep t [ 2 ]30:1 , 59 :24

exc i t ed -81:20

execu t i ve [ 1 1 ]1:14, 13 :25 ,39 :6 , 49 :19 ,64 :13 ,110:20,112:23,113:20,

127114:1 ,116:7 , 117:7

ex i s t - 94:4ex i s t i ng [ 3 ]45:24, 47 :15 ,49 :7

ex i s t s - 44:19expand -82:17

expanded -28:24

expec t - 86:9expec ted -85:11

expend i t u re -83:10

expenses -91:8

expe r i ence [ 3 ]67:7 , 100:15,100:16

expe r i ences [ 2 ] 67:3 , 67 :8expe r t [ 2 ]91:8 , 115:9

expe r t i se -101:10

exp i ra t i on [ 3 ]21:2 , 21 :9 ,23 :15

exp la in [ 3 ]11:3 , 21 :6 ,27 :22

exp la ined [ 2 ]72:17, 73 :1

exposu re -66:22

exp ress -63:16

ex tended -14:19

ex tens ion [ 2 ]101:19,101:23

Ex tens ions -101:14

ex tens i ve -9:5

ex ten t - 24:24ex t racu r r i cu l a r - 69:19

Ff a c e [ 2 ]67:10, 115:20

f a c e - t o - f a c e -16:7

f a c e s - 69:24f a c t o r -

111:23f a i r [ 2 ] 118:4 ,118:7

f a l l - 71:14f a l l i ng - 91:19Fa l l on [ 3 ] 2:1 ,62 :4 , 74 :12

f a l l s [ 3 ]44:15, 77 :2 ,103:9

f am i l i a r [ 2 ]25:7 , 72 :5

f a r t h e r -22:24

f a sh i on [ 2 ]22:2 , 26 :16

f a s t - 29:4f a u l t - 9:11f a v o r [ 5 ] 7:14,60 :24 , 68 :14 ,70 :23 , 83 :22

Faycosh [ 3 ]1:24, 4 :10 ,4 :10

F B I - 107:12f eas i b l e -113:9

Feb rua ry [ 4 ]104:14,105:3 , 105:6 ,105:13

f ede ra l [ 2 ]10:20, 97 :1

f e e [ 2 ] 80:23,90 :6

f ee l [ 7 ] 33:7 ,34 :10 , 36 :14 ,106:2 , 119:1 ,119:2 , 119:6

f ee l i ng [ 2 ]33:2 , 111:19

f ee l i ngs [ 4 ]111:7 ,111:11,118:15,118:17

f e e l s - 14:6f e e s [ 2 ] 88:2 ,88 :9

f e l l ow - 61:25f e l l ows [ 3 ]11:21, 100:9 ,103:1

f e l ony -114:20

f e l t [ 3 ] 97:24,119:7 , 119:7

f i f t e e n [ 3 ]100:25,101:16,

102:12f i f t h - 56:11f i gu red -104:7

f i l ed [ 2 ] 51:5 ,116:10

f i l i ng [ 2 ] 79:3 ,116:13

f i l l - 17:11f i l l ed [ 3 ] 18:8 ,18 :9 , 66 :19

f i l l s - 43:3f i na l - 41:12f i na l l y [ 3 ]10:7 , 72 :8 ,99 :16

f i nanc ia l -89:8

f i nd i ng [ 2 ]34:2 , 35 :9

f i n d s - 37:22f i ne - 8:7f i nge r s -90:19

f i r e a r m s [ 3 ]17:12, 17 :14 ,18 :6

f i r m - 15:2f i s c a l [ 3 ]78:10, 78 :23 ,104:20

f i v e [ 8 ] 11:15,36 :4 , 63 :10 ,64 :9 , 89 :25 ,98 :1 , 106:17,117:9

f i xed - 5:20f l i g h t - 97:6f l o o r - 17:4F lo r i da -100:14

f o l i age -111:2

f o l k s [ 1 4 ]4:17, 6 :11 ,24 :20 , 25 :10 ,30 :5 , 33 :3 ,33 :10 , 35 :10 ,40 :20 , 42 :3 ,64 :6 , 74 :5 ,93 :23 , 113:16

f o l l ow [ 2 ]33:21, 45 :9

f o l l owup -86:1

f oo t i ng -64:15

f o o t p r i n t -78:20

f o o t p r i n t s -

74:9f o rb i d [ 2 ]13:14, 13 :14

f o r g e t - 76:9f o rg i veness -83:9

f o r g o t - 86:12f o r t h [ 4 ] 32:8 ,42 :16 , 47 :9 ,64 :13

f o rwa rd [ 1 3 ]22:25, 35 :24 ,36 :3 , 36 :15 ,57 :21 , 64 :20 ,64 :24 , 70 :13 ,79 :7 , 83 :21 ,96 :6 , 100:21,111:15

f o u r t h [ 2 ]54:9 , 114:1

f r amework -26:10

F r a n k [ 3 5 ]1:22, 2 :2 ,12 :7 , 13 :19 ,13 :24 , 15 :7 ,15 :13 , 15 :22 ,16 :5 , 61 :19 ,61 :20 , 74 :25 ,75 :4 , 75 :7 ,76 :10 , 77 :19 ,77 :22 , 77 :24 ,78 :1 , 78 :3 ,84 :12 , 89 :17 ,94 :16 , 96 :7 ,96 :13 ,101:18,103:24,104:9 ,109:14,111:1 ,112:17,114:7 ,114:16,114:16, 115:9

f r equen t l y [ 2 ]41:11, 87 :9

F r o m b e r g -45:15

f r o n t [ 9 ]28:21, 37 :21 ,46 :14 , 52 :12 ,59 :1 , 70 :12 ,71 :21 , 72 :7 ,90 :23

F T E [ 3 ] 97:13,97 :14 , 98 :8

f u l f i l l - 31:14f u l l [ 1 1 ] 27:1 ,39 :13 , 53 :4 ,

55 :7 , 55 :10 ,55 :21 , 58 :23 ,59 :5 , 60 :7 ,91 :19 , 101:20

f u l l - t i m e [ 5 ]29:19, 30 :5 ,54 :9 , 54 :25 ,55 :2

f u n [ 2 ] 64:4 ,99 :5

Fund - 88:1f unded -78:18

f unds - 78:17f u t u r e [ 3 ]98:4 , 102:22,103:13

GG - E - N - 6:6ga ined - 47:22Ga l l a t i n [ 2 ]2:7 , 30 :21

game - 115:6G a r n e r [ 5 ]2:2 , 61 :19 ,74 :25 , 75 :8 ,111:1

G a r n e r ' s -109:14

ga the r - 45:16gave [ 3 ]65:19, 71 :24 ,79 :23

G e n [ 4 ] 2:7 ,6 :3 , 6 :6 , 6 :8

gene ra l [ 5 ]29:14, 44 :15 ,56 :17 , 88 :1 ,107:2

gene ra l l y [ 2 ]66:23, 67 :6

gene ra t i on -85:19

g e t s [ 6 ] 10:7 ,71 :7 , 94 :2 ,99 :3 , 101:19,113:25

g i r l s - 106:23g i ven [ 5 ] 8:7 ,63 :22 , 80 :13 ,89 :13 , 98 :13

g i ves - 77:17g i v i ng - 76:3g lad [ 3 ] 92:6 ,92 :7 , 102:20

g lass [ 2 ]91:19, 92 :15

Glen [ 2 ]

106:11,106:13

G o d [ 3 ] 13:14,13 :14 , 66 :2

goes [ 7 ] 21:6 ,23 :16 , 31 :7 ,48 :20 , 69 :7 ,94 :4 , 99 :5

gone [ 6 ] 64:9 ,72 :16 , 97 :22 ,99 :21 ,104:22, 110:1

goodness -81:11

Goog led -115:1

g o t t e n [ 2 ]36:23, 77 :7

gove rnmen t -40:9

gove rnmen ta l - 20:5G o v e r n o r [ 4 ]20:12, 74 :23 ,87 :23 , 98 :8

g rand - 91:11g r a n t - 97:1g ran ted [ 2 ]100:9 , 101:14

g reen - 5:2g round - 65:4g roup [ 2 ]70:8 , 75 :12

g row [ 2 ]85:19, 112:4

gua ran tee -16:8

guess [ 3 1 ]4:22, 6 :21 ,7 :25 , 9 :1 ,9 :3 , 9 :12 ,12 :8 , 15 :22 ,23 :3 , 23 :5 ,32 :17 , 37 :7 ,38 :13 , 39 :10 ,40 :7 , 41 :19 ,48 :8 , 48 :19 ,50 :16 , 51 :23 ,65 :20 , 66 :4 ,73 :24 , 75 :19 ,91 :21 ,102:23,103:24,104:11,111:16,111:23,119:16

gues t - 16:18g u e s t s [ 3 ]1:21, 4 :7 ,

1285:15

guys [ 1 0 ]5:14, 11 :19 ,77 :11 , 92 :17 ,106:11,114:3 ,114:23,118:6 , 119:3 ,119:9

Hhadn ' t [ 3 ] 9:8 ,42 :23 , 84 :19

ha l f [ 3 ] 34:9 ,91 :19 , 92 :14

ha l fway -104:19

handed - 89:1hand le - 23:4hand led -61:23

hand les - 93:7hands - 93:6hang [ 3 ] 4:24,5 :7 , 53 :19

happen [ 5 ]62:13, 75 :22 ,88 :12 , 92 :3 ,98 :22

happened [ 3 ]85:1 , 85 :1 ,92 :2

happens [ 3 ]88:23, 114:9 ,119:3

happy - 117:7Harbaugh [ 122 ] 1:6 ,1 :25 , 2 :1 ,2 :12 , 2 :24 ,2 :25 , 3 :7 ,4 :6 , 5 :4 ,5 :18 , 6 :16 ,6 :20 , 6 :24 ,7 :5 , 7 :9 ,7 :11 , 7 :16 ,7 :18 , 8 :5 ,8 :10 , 13 :18 ,14 :11 , 15 :7 ,16 :17 , 16 :25 ,17 :18 , 18 :11 ,18 :14 , 18 :17 ,24 :3 , 27 :15 ,29 :6 , 32 :2 ,32 :6 , 34 :25 ,43 :14 , 43 :19 ,44 :23 , 48 :4 ,49 :9 , 49 :13 ,50 :14 , 52 :8 ,

52 :15 , 56 :23 ,58 :15 , 60 :22 ,61 :2 , 61 :4 ,61 :7 , 61 :11 ,61 :17 , 62 :1 ,62 :2 , 62 :4 ,62 :5 , 62 :20 ,62 :24 , 63 :4 ,63 :24 , 65 :7 ,66 :15 , 67 :14 ,67 :17 , 68 :5 ,68 :10 , 68 :13 ,68 :17 , 68 :19 ,70 :2 , 70 :14 ,70 :19 , 70 :22 ,71 :1 , 71 :3 ,71 :10 , 71 :16 ,76 :19 , 77 :24 ,78 :2 , 81 :22 ,82 :1 , 82 :6 ,83 :11 , 83 :14 ,83 :16 , 83 :21 ,83 :25 , 84 :2 ,93 :24 , 95 :4 ,95 :10 , 95 :16 ,96 :10 , 97 :9 ,103:2 , 104:8 ,105:2 ,105:15,105:18,105:22,108:4 , 109:6 ,109:11,109:20,109:24,110:4 , 110:7 ,110:12,111:16,112:16,112:22,113:15,113:19,114:13,116:5 ,117:20,119:17,119:20,119:22,119:25, 120:4

Harbaugh ' s -51:15

ha rde r - 12:23ha rd l y - 66:10ha rdsh ip -97:7

ha rsh - 53:17h a s n ' t - 96:8ha te [ 2 ]102:7 , 117:24

h a v e n ' t [ 9 ]

32:12, 34 :17 ,42 :10 , 45 :9 ,70 :9 , 90 :23 ,96 :15 , 98 :12 ,104:13

hav ing [ 1 7 ]5:14, 10 :2 ,26 :3 , 32 :15 ,46 :18 , 64 :12 ,64 :16 , 66 :22 ,67 :5 , 85 :5 ,85 :15 , 85 :17 ,85 :24 , 94 :17 ,103:7 ,114:19,116:13

Hawa i i - 104:4HD7 - 2:2he 'd [ 2 ] 3:4 ,22 :12

he ' s [ 8 ] 35:9 ,63 :13 , 69 :19 ,75 :4 , 78 :5 ,104:2 , 113:1 ,118:5

head l i gh t s -87:19

heads [ 2 ]76:4 , 86 :25

heads -up -79:23

hea l t h [ 2 ]85:5 , 114:19

hea l t hy -69:22

hea r [ 1 0 ]2:19, 5 :12 ,5 :13 , 29 :4 ,71 :5 , 84 :20 ,93 :9 , 94 :21 ,113:3 , 118:19

hea rd [ 3 ]23:8 , 77 :18 ,82 :2

hea r i ng [ 2 7 ]5:9 , 5 :10 ,19 :9 , 19 :14 ,19 :18 , 19 :19 ,19 :20 , 19 :23 ,20 :1 , 21 :1 ,22 :8 , 28 :1 ,28 :4 , 28 :8 ,28 :12 , 28 :23 ,38 :9 , 41 :4 ,51 :6 , 57 :18 ,67 :17 , 68 :13 ,70 :22 , 91 :10 ,104:22,104:23,113:20

hea r i ngs [ 2 ]47:11, 87 :22

h e a r t - 115:16heavy - 75:13he ld - 19:15He lena [ 1 0 ]19:17, 28 :3 ,99 :2 , 103:25,104:2 ,104:13,104:17,105:3 , 111:1 ,111:4

he l l - 91:25He l l o [ 2 ] 4:14,4 :15

he lm - 112:13he lped - 64:14he lp fu l [ 2 ]9:20, 36 :2

he lp i ng [ 4 ]26:15, 79 :2 ,79 :3 , 115:24

he re ' s [ 3 ]15:21, 92 :1 ,116:20

he ro - 92:20Hey [ 4 ] 10:1 ,10 :5 , 72 :20 ,95 :1

h ighe r [ 2 ]71:11, 76 :23

h igh l i gh ted [ 2 ]17:23, 21 :14

h igh l i gh t i ng -21:25

h i ke - 111:7H I P A A [ 2 ]115:9 , 115:11

h i r e - 69:14h i red [ 7 ] 8:18,8 :19 , 8 :22 ,9 :8 , 9 :10 ,50 :7 , 94 :6

h i r i ng - 94:5h i s to r i ca l l y -80:18

h i t [ 4 ] 65:4 ,103:11,103:14,119:13

ho ld [ 7 ] 8:6 ,14 :20 , 66 :10 ,95 :5 , 104:17,108:10, 117:5

ho ld i ng -116:11

hones t [ 2 ]65:25, 113:5

hope [ 6 ]

26:14, 37 :16 ,83 :9 , 89 :22 ,89 :23 , 117:22

hope fu l l y [ 2 ]61:23, 110:18

ho r r i b l e [ 2 ]81:12, 85 :11

ho rsepower -77:17

hou r [ 2 ]62:14, 101:7

hou rs [ 2 ]69:20, 70 :9

howeve r [ 2 ]23:9 , 83 :19

hugge rs -12:19

hund red [ 2 ]91:13, 95 :22

hung [ 2 ] 5:11,22 :15

h u r t [ 4 ] 111:7 ,111:11,118:14,118:16

II A D L E S T [ 2 ]96:19, 96 :25

I daho -107:14

i dea [ 4 ] 67:6 ,86 :5 , 104:19,117:13

i deas - 69:24i den t i ca l -39:16

i den t i f i ca t i on - 111:3i den t i f i ed [ 2 ]6:17, 80 :20

i den t i f y [ 2 ]5:19, 80 :15

i gno red - 85:6i l l i c i t - 86:13immed ia te [ 3 ]7:13, 60 :24 ,68 :14

i m p a c t - 103:8i m p a c t s -91:23

imped imen t -49:22

impo r t ance -95:9

impo r tan t l y -116:25

imp ress i on -8:23

imp rope r -14:5

i m p r o v e m e n t s - 112:10i nadve r t en t l y - 29:16i napp rop r i a t e - 14:18i naud ib l e [ 3 2 ]4:18, 5 :17 ,8 :22 , 9 :5 ,17 :17 , 18 :2 ,18 :3 , 25 :19 ,27 :20 , 30 :15 ,50 :9 , 50 :21 ,62 :19 , 64 :18 ,67 :8 , 78 :4 ,94 :22 , 95 :9 ,95 :12 , 97 :10 ,102:9 ,102:13,104:4 ,104:25,107:8 , 109:2 ,110:10,112:20,113:10,114:10,118:18, 120:2

i n ca r ce ra ted -24:21

i n ca r ce ra t i on - 24:15i n ch - 74:12i n c i den t s -82:21

i n c l uded [ 4 ]17:13, 53 :8 ,53 :13 , 54 :15

i n c l ud ing -51:6

i n c l us i on -52:17

I nd i ana -100:13

i nd i ca ted [ 2 ]20:25, 24 :24

i n d i f f e r e n t -112:1

i nd i v i dua l -40:25

i nd i v i dua l s -84:17

i n f o rma t i on [ 4 ] 81:12,96 :8 , 96 :15 ,116:24

i n f o rma t i ona l - 62:17i n f o rmed [ 3 ]

12913:23,14 :4 , 69 :4

i n i t i a l [ 2 ]19:6 , 39 :11

i npu t [ 4 ]77:23,116:19,117:6 , 118:9

i n s e r t - 56:12i n se r t ed [ 2 ]21:14, 52 :9

i n s i gh t s -63:21

i n s t ead [ 2 ]101:3 , 117:13

i n s t r u c t o r [ 3 ]17:12, 18 :6 ,110:25

i n s t r u c t o r s [ 2 ]31:9 , 67 :25

i n t eg ra te -82:20

i n t ended [ 2 ]21:11, 22 :25

i n t ends -63:14

i n t en t i oned -47:21

i n t e r a c t [ 2 ]64:17, 107:13

i n t e rac t i on -97:20

i n t e r e s t [ 2 ]7:23, 14 :15

i n t e r e s t e d [ 4 ]23:22, 36 :12 ,72 :15 , 92 :10

i n t e res t i ng -64:4

I n t e r f e r e n c e -94:23

I n t e r i m [ 5 ]71:18, 71 :21 ,73 :1 , 77 :16 ,92 :9

I n t e rna t i ona l -96:20

i n t e rp re ta t i on [ 2 ] 11:4 ,11 :11

i n t e rp re t i ng -56:19

I n t e r v e n t i o n -85:4

i n t e r v i ewed -99:1

i n t r i n s i c -46:18

i n t r oduce [ 3 ]4:8 , 5 :15 ,

74 :3i n t r oduced -69:19

i n t r oduc t i ons [ 2 ] 2:15, 72 :1I n v e s t i g a t i o n - 4:11i n ves t i ga t i ons - 88:14i n v i t ed [ 2 ]74:2 , 114:17

i n v i t e s - 58:11i n vo i ce [ 4 ]82:8 , 82 :9 ,82 :22 , 82 :25

i n vo l ved [ 5 ]20:10, 25 :3 ,80 :9 , 82 :14 ,86 :2

i s n ' t [ 3 ]26:11, 56 :15 ,98 :22

i s sue [ 2 7 ]13:15, 14 :17 ,15 :18 , 22 :14 ,22 :23 , 25 :2 ,26 :3 , 26 :5 ,26 :6 , 26 :11 ,29 :1 , 31 :19 ,37 :3 , 37 :7 ,38 :19 , 39 :18 ,42 :1 , 44 :12 ,47 :22 , 49 :5 ,52 :19 , 53 :25 ,57 :13 , 99 :20 ,103:25,113:6 , 113:10

i s sued [ 2 ]19:9 , 40 :10

i s sues [ 9 ]13:22, 16 :18 ,20 :21 , 43 :22 ,49 :8 , 74 :3 ,80 :17 , 85 :6 ,111:20

i s su i ng -88:20

i t e m [ 1 5 ]7:25, 14 :8 ,14 :13 , 14 :21 ,15 :14 , 17 :1 ,27 :23 , 62 :6 ,62 :17 , 63 :7 ,65 :9 , 70 :2 ,71 :16 , 80 :7 ,108:4

i t e r a t i on -27:23

i t s e l f [ 3 ] 22:1 ,28 :9 , 84 :25

Jj a i l [ 4 ] 24:15,24 :23 , 25 :8 ,25 :11

j ammed -101:20

J e f f [ 3 ] 1:24,4 :9 , 4 :10

J e s s - 3:18J e s s e [ 4 ] 1:8 ,3 :16 , 5 :24 ,71 :10

J i m [ 1 2 ] 1:9 ,3 :22 , 14 :7 ,68 :8 , 70 :18 ,76 :25 , 93 :24 ,97 :21 , 103:5 ,103:6 ,109:24,110:24

j ob [ 1 8 ] 8:18,8 :21 , 13 :12 ,64 :11 , 75 :14 ,75 :20 , 85 :8 ,91 :24 , 93 :2 ,97 :24 , 99 :7 ,106:13,111:25,112:9 , 115:6 ,117:2 , 118:5 ,118:10

John [ 1 3 ]1:12, 1 :23 ,3 :20 , 4 :12 ,16 :20 , 28 :7 ,77 :19 , 89 :17 ,94 :16 , 97 :17 ,101:17,109:21,109:22

Johnson [ 9 4 ]1:14, 2 :16 ,2 :19 , 2 :22 ,2 :24 , 3 :1 ,3 :3 , 3 :9 ,3 :11 , 3 :16 ,3 :18 , 3 :20 ,3 :22 , 3 :24 ,4 :1 , 4 :3 , 4 :5 ,5 :2 , 6 :4 , 6 :8 ,6 :13 , 6 :23 ,7 :1 , 10 :1 ,15 :21 , 16 :20 ,17 :3 , 17 :20 ,17 :22 , 18 :4 ,18 :16 , 29 :8 ,29 :11 , 29 :18 ,38 :12 , 39 :24 ,

41 :5 , 45 :1 ,45 :7 , 48 :10 ,49 :15 , 50 :3 ,50 :13 , 52 :21 ,53 :1 , 53 :9 ,55 :13 , 56 :3 ,56 :21 , 61 :24 ,62 :3 , 62 :9 ,63 :1 , 63 :6 ,65 :11 , 66 :4 ,67 :19 , 69 :8 ,69 :12 , 70 :5 ,71 :4 , 71 :20 ,75 :2 , 75 :25 ,77 :10 , 78 :7 ,82 :7 , 83 :6 ,84 :4 , 86 :22 ,92 :5 , 94 :13 ,94 :24 , 95 :18 ,96 :9 , 96 :13 ,96 :19 , 97 :11 ,98 :7 , 100:8 ,102:17,103:11,103:21,104:10,105:8 ,105:21,105:24,107:21,108:9 ,108:23,109:3 ,113:22,117:24,118:19

Johnson ' s [ 2 ]35:9 , 110:20

j o i ned [ 3 ]61:9 , 61 :25 ,62 :2

Jon [ 2 ] 19:24,57 :19

Judge - 69:15j udgmen t [ 2 ]91:1 , 91 :4

Jud i c i a r y -72:6

June - 107:9J u s t i c e [ 8 ]71:18, 71 :21 ,73 :1 , 75 :24 ,77 :16 , 89 :9 ,89 :14 , 92 :9

j u s t i f y - 47:23j u ven i l e [ 2 ]40:13, 40 :14

KKa l i spe l l [ 3 ]69:15, 78 :12 ,103:9

Ka t r i na [ 1 9 ]1:16, 5 :8 ,5 :12 , 5 :22 ,28 :2 , 34 :19 ,34 :25 , 35 :16 ,40 :6 , 47 :11 ,58 :19 , 59 :1 ,64 :8 , 64 :18 ,74 :4 , 89 :20 ,102:14,102:21, 106:9

K a t r i n a ' s -72:24

keep ing -13:15

Keune [ 1 3 ]1:15, 5 :12 ,5 :16 , 7 :3 ,17 :21 , 17 :23 ,81 :9 , 106:12,117:18,117:21,117:25,118:2 , 118:16

Kev in [ 5 ]1:12, 3 :4 ,3 :4 , 110:4 ,110:5

key - 74:3k i cked -115:20

k i d - 13:10k i ds [ 3 ] 8:16,85 :2 , 102:8

K i m - 2:18K imber l y [ 7 ]1:7 , 2 :17 ,2 :19 , 5 :21 ,7 :10 , 71 :5 ,109:7

know ledge -67:4

knows [ 2 ]43:22, 111:12

Kokenaue r -48:22

Ll a ck [ 2 ] 85:7 ,93 :18

l a i d - 49:2l anded - 31:24l anguage [ 6 ]

26:24, 56 :12 ,56 :20 , 57 :7 ,57 :7 , 66 :10

l a r ge r - 85:16l a t e r [ 2 ] 7:24,86 :18

Lau r i e - 79:14l aw [ 2 3 ] 9:5 ,9 :24 , 10 :20 ,12 :14 , 13 :12 ,20 :20 , 42 :2 ,42 :3 , 47 :5 ,59 :7 , 70 :2 ,71 :18 , 71 :21 ,73 :1 , 75 :24 ,76 :11 , 77 :16 ,91 :24 , 92 :9 ,94 :8 , 96 :21 ,114:24,115:25

l aws - 115:9l awye r - 19:23l aye r - 58:7l ay ing -115:16

l ays - 23:1l ead - 17:5l eade rs -114:24

l eade rsh ip [ 2 ]90:18, 110:20

l e a s t [ 9 ]16:11, 66 :6 ,66 :8 , 76 :20 ,92 :8 , 104:11,104:25,105:2 , 106:25

l eave [ 3 ]31:11, 59 :10 ,89 :24

l eav i ng -47:24

l ega l [ 1 1 ]1:18, 2 :3 ,10 :10 , 11 :12 ,11 :23 , 14 :1 ,27 :19 , 64 :24 ,69 :9 , 79 :22 ,88 :9

Lega l l y -110:11

l eg i s l a t i on [ 2 ]20:10, 49 :3

l eg i s l a t i ve [ 6 ]20:11, 72 :3 ,74 :3 , 74 :20 ,87 :22 , 92 :1

Leg i s l a t u re [ 9 ] 43:24,47 :3 , 47 :12 ,

13047:13,49 :2 , 75 :19 ,93 :9 , 97 :14 ,118:23

Leo [ 1 2 ] 1:9 ,4 :1 , 10 :5 ,31 :18 , 82 :13 ,82 :17 , 83 :2 ,84 :4 , 95 :5 ,105:9 , 111:1 ,116:5

l e ss [ 2 ] 10:25,11 :15

l e sson - 69:17l e t ' s [ 4 ] 2:16,34 :4 , 95 :18 ,104:12

l e t s - 25:3l e t t e r [ 3 ]21:5 , 22 :1 ,23 :13

l e t t i ng - 87:9l e ve l - 25:10Lew is [ 1 8 ]1:9 , 1 :11 ,3 :1 , 3 :3 , 4 :3 ,31 :18 , 39 :18 ,43 :11 , 49 :15 ,58 :1 , 58 :6 ,82 :8 , 82 :25 ,83 :15 , 83 :17 ,98 :6 , 102:17,110:8

l i ab l e - 76:9l i f e t i m e [ 2 ]67:7 , 85 :9

l i f t i n g - 75:13l i gh t s - 114:6l i m i t - 30:2l im i t ed -74:10

l i nes [ 3 ] 88:9 ,89 :4 , 98 :15

L i s t en -116:19

l i s t ened -57:19

l i s t en i ng [ 2 ]28:4 , 71 :8

l oaded - 89:3l obby i s t -19:23

l o ca l - 25:9l o ca t i on -113:9

l onge r [ 2 ]57:1 , 63 :10

l ook i ng [ 7 ]11:22, 34 :3 ,35 :8 , 35 :10 ,

38 :20 , 76 :16 ,80 :3

l ooks [ 2 ] 63:2 ,106:14

l oop - 42:19Lo r i - 1:25l o se [ 5 ]39:11, 50 :9 ,87 :10 , 94 :9 ,117:5

l o s t [ 3 ] 4:18,71 :7 , 77 :8

l o ve [ 2 ]84:12, 92 :19

l o ved - 87:13l u c k i e s t -106:3

l u cky - 93:6

MM-A-P -A -19:12

MACOP [ 3 ]78:6 , 107:7 ,115:22

ma i l - 72:23ma in ta i n [ 5 ]53:3 , 53 :11 ,56 :7 , 79 :7 ,95 :7

ma in ta i ns -38:25

ma in tenance [ 2 ] 80:23,90 :6

majo r i t y -102:15

m a k e s [ 3 ]75:13,118:10,118:20

mak ing [ 4 ]19:5 , 47 :24 ,100:4 , 117:3

managemen t [ 2 ] 61:16,106:18

MAPA [ 4 ]19:12, 57 :11 ,58 :7 , 58 :11

Mary [ 1 9 ]1:15, 5 :8 ,7 :1 , 64 :8 ,65 :23 , 74 :4 ,80 :3 , 81 :6 ,81 :10 , 87 :1 ,87 :2 , 89 :20 ,106:1 ,106:12,

106:15,110:15,117:18,117:20,118:20

m a s s [ 2 ]84:22, 85 :2

mate r i a l [ 4 ]17:8 , 28 :22 ,29 :1 , 51 :11

Mat t - 48:22m a t t e r [ 7 ]16:23, 40 :8 ,43 :3 , 45 :21 ,46 :15 , 46 :20 ,90 :21

m a t t e r s [ 3 ]15:4 , 15 :16 ,46 :4

Mat thews [ 5 ]1:11, 3 :1 ,3 :3 , 98 :6 ,98 :6

maybe [ 1 3 ]4:7 , 4 :17 ,4 :18 , 9 :24 ,63 :10 , 72 :1 ,72 :22 , 76 :7 ,87 :18 , 94 :16 ,95 :11 ,103:25, 104:8

mayhem -85:9

McLean [ 3 ]2:6 , 6 :2 , 6 :2

McLeod - 91:6MCS [ 6 ]21:10, 31 :6 ,37 :2 , 48 :25 ,55 :8 , 57 :20

MCS's - 28:11m e e t [ 1 3 ]12:25, 13 :1 ,30 :25 , 32 :15 ,32 :25 , 33 :5 ,35 :7 , 38 :2 ,39 :1 , 39 :25 ,59 :7 , 73 :13 ,101:1

mee t i ng [ 5 0 ]1:1 , 2 :13 ,6 :25 , 7 :7 ,7 :13 , 7 :23 ,10 :4 , 10 :7 ,14 :8 , 14 :21 ,15 :8 , 15 :12 ,16 :9 , 17 :8 ,17 :10 , 18 :8 ,18 :21 , 18 :23 ,19 :3 , 31 :22 ,

32 :20 , 36 :18 ,38 :16 , 38 :17 ,41 :8 , 58 :5 ,61 :20 , 62 :11 ,62 :16 , 71 :23 ,76 :16 , 77 :2 ,78 :12 , 79 :12 ,79 :12 , 79 :13 ,80 :1 , 80 :5 ,80 :6 , 82 :10 ,87 :4 , 100:1 ,104:9 ,104:15,104:17,105:14,107:7 ,108:11,108:16,108:24

mee t i ngs [ 1 3 ]79:11, 79 :25 ,80 :3 , 81 :14 ,97 :19 ,102:22,102:25,103:13,105:13,108:16,108:18,111:15, 119:2

m e e t s [ 2 ]38:6 , 39 :20

member [ 5 ]47:3 , 47 :13 ,49 :19 , 78 :6 ,107:15

m e m b e r s [ 1 5 ]1:6 , 1 :11 ,1 :14 , 14 :3 ,62 :17 , 72 :19 ,73 :12 , 74 :3 ,97 :20 , 106:1 ,106:5 ,106:22,108:7 ,110:17, 112:6

memo [ 2 ]35:9 , 38 :19

memorandum [ 3 ] 23:13,37 :21 , 62 :7

memor i zed -105:11

men ta l - 85:5men t i oned [ 2 ]68:24, 75 :9

m e r i t s - 22:17message [ 2 ]31:20, 73 :14

m e t [ 3 ] 17:11,

34 :12 , 97 :14Met ropo l i s [ 6 ]19:24, 19 :25 ,20 :15 , 20 :22 ,22 :7 , 28 :7

Met ropo l i s ' s [ 2 ] 28:20,57 :19

m i g r a t e [ 4 ]79:2 , 81 :9 ,81 :16 , 81 :17

mig ra t i on [ 4 ]80:11, 80 :20 ,80 :24 , 81 :7

mig ra t i ons -81:10

mi le - 13:7mi les [ 4 ] 1:4 ,103:9 ,113:11,113:14

mi l i t a r y -10:20

mi l l i on - 115:2mind - 14:5minds - 9:17min imum -39:25

Minneso ta [ 9 ]8:14, 8 :16 ,8 :22 , 9 :11 ,11 :10 , 11 :19 ,12 :12 ,100:12,100:13

Minneso ta ' s -11:7

minu te [ 4 ]7:1 , 59 :21 ,63 :8 , 63 :15

minu tes [ 1 1 ]6:22, 6 :25 ,7 :6 , 7 :12 ,10 :3 , 10 :8 ,61 :5 , 71 :24 ,72 :8 , 79 :12 ,116:8

misdemeano r [ 3 ] 25:25,62 :7 , 62 :21

mis read ing -33:11

missed [ 6 ]32:17, 42 :23 ,52 :4 , 77 :1 ,107:24,110:24

miss i on -93:21

Missou la [ 1 7 ]

2:4 , 2 :5 ,15 :11 , 19 :24 ,22 :20 , 24 :8 ,24 :8 , 24 :9 ,24 :10 , 24 :15 ,24 :19 , 25 :18 ,28 :8 , 31 :1 ,34 :8 , 38 :2 ,55 :6

m i s t a k e n -19:16

misunde rs tood - 96:14MLEA [ 1 9 ]18:9 , 33 :5 ,35 :12 , 35 :19 ,35 :25 , 36 :24 ,36 :25 , 37 :2 ,37 :3 , 37 :4 ,37 :6 , 37 :8 ,37 :13 , 38 :2 ,38 :6 , 38 :24 ,39 :8 , 43 :6 ,68 :23

mod i f i ca t i on -59:24

mod i f i ed [ 3 ]97:13, 97 :14 ,98 :8

m o m e n t -52:14

money [ 8 ]78:14, 79 :6 ,79 :25 , 80 :10 ,82 :24 , 86 :19 ,86 :21 , 91 :5

moneys [ 2 ]78:22, 79 :9

Montana [ 2 9 ]1:24, 10 :22 ,10 :24 , 12 :14 ,13 :8 , 13 :14 ,19 :11 , 30 :17 ,51 :18 , 60 :8 ,61 :22 , 69 :3 ,72 :13 , 74 :7 ,74 :9 , 74 :11 ,74 :12 , 78 :20 ,92 :16 , 92 :18 ,92 :25 , 94 :2 ,94 :8 , 95 :23 ,96 :3 , 97 :2 ,97 :8 , 101:11,107:14

Mon tana ' s -11:6

m o n t h [ 2 ]73:13, 108:25

month l y -108:18

131m o n t h s [ 5 ]11:1 , 86 :3 ,89 :25 ,104:16, 107:6

morn ing [ 6 ]3:18, 3 :19 ,4 :8 , 6 :8 , 6 :9 ,48 :24

m o t e l -103:16

mot i on [ 2 5 ]7:6 , 7 :11 ,7 :18 , 49 :14 ,50 :25 , 52 :22 ,54 :15 , 58 :17 ,59 :18 , 59 :20 ,60 :16 , 61 :4 ,67 :22 , 68 :7 ,68 :10 , 68 :19 ,70 :12 , 70 :15 ,70 :19 , 71 :3 ,77 :17 , 83 :12 ,83 :16 , 84 :2 ,120:1

Moun t - 111:4m o u t h - 94:1move [ 2 7 ]6:21, 7 :13 ,36 :3 , 36 :15 ,43 :15 , 50 :17 ,59 :18 , 59 :23 ,60 :21 , 60 :23 ,62 :24 , 67 :18 ,68 :8 , 68 :14 ,70 :13 , 70 :16 ,70 :23 , 79 :6 ,81 :3 , 83 :13 ,83 :21 , 95 :17 ,96 :5 , 99 :10 ,100:20,105:13,113:20

moved [ 3 ] 7:8 ,60 :22 , 120:3

mov ing [ 4 ]16:25, 63 :4 ,81 :2 , 113:7

MSPOA -107:8

MT [ 2 ] 1:1 ,1 :4

mun ic i pa l i t i e s - 84:21m u s i c - 95:12m u t e - 95:11m ys e l f [ 3 ]103:7 ,107:18, 119:2

Nna i l [ 2 ] 43:18,115:18

na t i on - 92:12Nat i ona l -107:12

nea t - 69:25necessa r i l y -116:16

necessa ry [ 9 ]15:23, 31 :14 ,34 :13 , 49 :1 ,52 :20 , 54 :3 ,60 :13 , 73 :4 ,73 :20

needed [ 4 ]17:11, 36 :13 ,64 :16 , 107:3

need ing [ 3 ]32:10, 41 :21 ,52 :9

needs [ 5 ]51:8 , 51 :11 ,93 :2 , 94 :11 ,103:13

nega t i ve l y -91:23

nego t i a t i on -116:22

ne ighbo rhood - 87:14ne ighbo rs -92:19

Ne i t e r [ 2 ] 1:8 ,3 :24

NEITHER -3:25

newes t - 78:5Newtown -84:23

n i ce - 68:25Nobody -12:20

non -gove rnmen ta l - 20:6non -pub l i c -35:13

none [ 5 ]67:17, 68 :13 ,70 :22 , 86 :11 ,113:21

no rma l l y -117:22

N o r t h - 13:13nose - 112:3no te - 118:8no tebook -43:21

No th ing -110:9

no t i ce [ 9 ]14:16, 14 :25 ,19 :7 , 19 :10 ,19 :10 , 48 :13 ,54 :22 , 57 :14 ,102:11

November [ 2 ]96:22, 97 :7

numbers [ 2 ]85:2 , 99 :13

nu rses [ 2 ]114:17, 115:2

Ooa th [ 1 5 ]45:16, 45 :20 ,46 :1 , 46 :5 ,46 :9 , 46 :12 ,46 :13 , 47 :1 ,47 :2 , 47 :5 ,47 :7 , 47 :16 ,47 :18 , 49 :17 ,49 :23

ob ta i n [ 4 ]30:19, 31 :2 ,31 :9 , 40 :3

ob ta i ned -97:1

obv ious -93:13

O c t o b e r [ 5 ]1:2 , 90 :24 ,105:4 , 105:9 ,105:12

o f f e r [ 2 ]15:22, 67 :3

o f f e r e d [ 2 ]86:6 , 88 :11

o f f e r s - 85:23o f f i c e [ 1 5 ]1:3 , 34 :9 ,49 :23 , 51 :14 ,79 :1 , 82 :21 ,86 :11 , 86 :12 ,97 :16 , 99 :2 ,99 :6 , 105:22,105:24,106:21, 107:2

o f f i c e r [ 4 7 ]1:15, 10 :16 ,10 :17 , 10 :18 ,10 :22 , 10 :25 ,11 :15 , 29 :24 ,30 :10 , 30 :16 ,30 :18 , 30 :20 ,31 :4 , 31 :7 ,34 :7 , 40 :14 ,

40 :15 , 40 :16 ,41 :3 , 42 :2 ,44 :22 , 45 :19 ,45 :25 , 46 :18 ,47 :5 , 47 :6 ,48 :13 , 52 :17 ,54 :2 , 54 :25 ,55 :1 , 55 :12 ,55 :21 , 55 :22 ,56 :1 , 56 :13 ,58 :23 , 58 :24 ,59 :2 , 59 :11 ,60 :6 , 60 :7 ,72 :21 , 80 :8 ,86 :1 , 100:12,101:10

o f f i c e r s [ 6 3 ]10:19, 20 :5 ,20 :18 , 22 :22 ,25 :18 , 25 :22 ,26 :1 , 26 :4 ,26 :7 , 26 :9 ,27 :9 , 29 :22 ,30 :23 , 30 :25 ,31 :1 , 32 :9 ,32 :11 , 32 :15 ,34 :6 , 35 :3 ,35 :25 , 36 :8 ,36 :20 , 37 :18 ,37 :20 , 37 :24 ,38 :8 , 38 :21 ,39 :2 , 40 :5 ,40 :9 , 41 :23 ,42 :3 , 42 :4 ,42 :10 , 42 :20 ,43 :23 , 43 :25 ,44 :4 , 44 :10 ,44 :18 , 44 :20 ,45 :3 , 46 :4 ,46 :6 , 47 :7 ,49 :6 , 50 :7 ,56 :6 , 59 :5 ,62 :8 , 66 :5 ,73 :12 , 82 :13 ,82 :20 , 85 :1 ,96 :1 , 96 :3 ,100:13,100:14,101:12,102:3 , 107:14

O f f i c e s -84:22

O f t e n t i m e s [ 2 ]85:3 , 86 :1

o lde r - 85:19O l s o n [ 3 ]1:12, 3 :4 ,110:5

o m i t - 11:4ones - 85:19

ongo ing -87:22

on l i ne - 45:13on to - 58:7open [ 7 ]72:18, 72 :22 ,72 :25 , 89 :24 ,102:6 ,102:12,114:12

open ing -27:22

open ings -89:15

ope ra te - 41:2ope ra tes -24:9

ope ra t i ng [ 4 ]88:8 , 88 :9 ,89 :3 , 98 :15

ope ra t i on -98:3

op in i on [ 5 ]16:6 , 67 :3 ,94 :11 , 116:8 ,116:20

oppo r tun i t y [ 2 2 ] 8:8 , 41 :9 ,57 :24 , 58 :2 ,64 :6 , 64 :17 ,68 :6 , 74 :24 ,80 :14 , 84 :9 ,85 :24 , 91 :21 ,92 :6 , 92 :8 ,98 :3 , 103:22,107:17,110:24,113:25,116:18,116:19,119:16

opposed [ 8 ]7:16, 35 :4 ,45 :20 , 46 :19 ,61 :2 , 68 :17 ,71 :1 , 83 :25

op t i on - 24:22op t i ons - 16:3o ra l [ 2 ] 22:13,28 :20

Orange -82:15

o rde r [ 9 ] 2:13,13 :21 , 25 :21 ,30 :24 , 36 :13 ,51 :8 , 51 :14 ,89 :25 , 111:19

o rgan i za t i on -87:25

o r i g i na l l y -

86:4Or t l ey [ 2 ]69:9 , 69 :15

O s t e r [ 1 5 ]1:7 , 3 :9 ,3 :10 , 29 :10 ,49 :11 , 50 :22 ,50 :24 , 51 :24 ,56 :23 , 56 :25 ,57 :6 , 60 :17 ,60 :21 , 60 :23 ,93 :11

o t h e r s - 105:7o the rw i se [ 2 ]25:11, 41 :14

ough t [ 1 1 ]20:16, 21 :7 ,22 :3 , 22 :16 ,23 :8 , 36 :23 ,54 :22 , 84 :14 ,115:23,116:3 , 118:19

ou rs [ 2 ]76:23, 100:17

ou t l i ned -32:8

ou t ran - 87:18ou t reach [ 2 ]73:20, 94 :15

ou t s i de [ 5 ]33:5 , 35 :25 ,37 :13 , 38 :6 ,43 :6

ou t s tand ing [ 2 ] 87:16,90 :18

ove rc rowd ing [ 2 ] 25:8 ,25 :12

ove r l ooked [ 2 ]34:17, 46 :17

ove rs i gh t [ 5 ]30:2 , 30 :4 ,74 :10 , 94 :1 ,94 :10

PP & P [ 7 ] 39:5 ,39 :15 , 39 :17 ,39 :23 , 40 :22 ,41 :1 , 102:4

package [ 4 ]72:4 , 74 :21 ,77 :21 , 98 :21

packages -77:15

p a c k e t [ 1 0 ]17:24, 21 :4 ,21 :5 , 21 :16 ,

13221:17,45 :10 , 45 :12 ,46 :23 , 48 :7 ,48 :20

pages [ 8 ]65:12, 70 :3 ,78 :7 , 79 :20 ,86 :22 , 86 :23 ,99 :12 , 102:7

pa id - 80:21pa rag raph -24:12

Para lega l / i n ves t - 1:16pa ro le [ 1 8 ]30:16, 30 :20 ,30 :23 , 30 :24 ,31 :4 , 31 :20 ,33 :9 , 35 :4 ,35 :6 , 35 :11 ,35 :14 , 37 :12 ,39 :2 , 40 :11 ,42 :16 , 44 :13 ,65 :10 , 65 :18

p a r t - t i m e [ 1 3 ]27:1 , 29 :20 ,30 :6 , 39 :13 ,53 :4 , 54 :10 ,54 :25 , 55 :3 ,55 :7 , 55 :11 ,55 :22 , 58 :23 ,60 :7

pa r t i c i pa te [ 3 ]15:6 , 57 :25 ,58 :2

pa r t i c i pa ted -58:5

pa r t i c i pa t i on -58:7

pa r t i cu l a r [ 3 ]32:16, 44 :20 ,64 :7

pa r t i cu l a r l y -23:17

pa r t ne r - 87:8pass - 44:11passed [ 2 ]20:12, 23 :10

pass ing -62:12

pass ion [ 2 ]117:1 , 117:2

p a s t [ 7 ] 14:3 ,20 :8 , 62 :14 ,63 :10 , 67 :23 ,73 :23 , 107:6

pa t i en t -63:19

pa t ro l -107:20

pay [ 2 ] 79:15,81 :4

pay ing [ 2 ]82:25, 103:14

paymen t -83:17

peace [ 6 ]10:17, 10 :18 ,10 :19 , 10 :25 ,11 :14 , 102:3

penc i l - 91:7peop le ' s [ 3 ]75:11, 84 :13 ,109:15

pe r - 24:16pe rcen t [ 9 ]33:3 , 87 :24 ,88 :7 , 88 :24 ,89 :5 , 89 :7 ,90 :2 , 115:3 ,115:4

p e r f e c t [ 2 ]103:21, 118:5

pe r fec t l y -29:1

p e r f o r m - 34:6pe rhaps -14:1

pe r i od - 57:22pe rm iss i on -83:8

Per ry [ 7 0 ]1:14, 6 :10 ,10 :1 , 10 :6 ,15 :21 , 17 :3 ,23 :5 , 28 :2 ,29 :8 , 32 :8 ,35 :9 , 38 :11 ,38 :12 , 39 :24 ,40 :6 , 40 :21 ,41 :5 , 43 :4 ,45 :1 , 47 :10 ,48 :8 , 48 :10 ,49 :15 , 50 :3 ,52 :21 , 53 :1 ,53 :7 , 53 :9 ,54 :13 , 55 :13 ,56 :3 , 56 :21 ,62 :9 , 63 :1 ,63 :6 , 64 :7 ,64 :17 , 65 :11 ,66 :17 , 67 :19 ,69 :8 , 70 :5 ,71 :4 , 71 :20 ,75 :1 , 75 :16 ,75 :17 , 75 :25 ,77 :10 , 82 :2 ,84 :4 , 84 :8 ,86 :6 , 86 :23 ,91 :22 , 92 :5 ,

94 :7 , 94 :13 ,102:14,102:18,103:6 , 108:9 ,109:16,110:24,112:1 ,112:11,113:1 , 116:7 ,118:2 , 118:12

Per r y ' s -116:6

pe rsonne l [ 2 ]89:3 , 89 :6

pe rspec t i ve [ 2 ] 66:9 ,66 :21

P e t e r - 69:13Phoen ix -97:4

phone t i c -48:22

phys i ca l l y -115:3

p i ck - 97:15p laced [ 3 ]20:16, 21 :7 ,24 :20

p laces [ 2 ]51:6 , 51 :12

p lan [ 3 ] 89:6 ,98 :4 , 109:7

p lans - 69:17p lease [ 6 ]6:5 , 7 :14 ,60 :24 , 68 :15 ,70 :23 , 83 :22

p leased -81:17

p leasu re [ 2 ]23:3 , 76 :15

p ledge - 64:23p len ty - 9:14p low [ 2 ]74:25, 75 :2

p o c k e t - 93:3po in t [ 3 4 ]12:22, 13 :20 ,21 :24 , 22 :15 ,23 :8 , 23 :21 ,25 :24 , 26 :2 ,31 :11 , 34 :16 ,37 :5 , 43 :18 ,46 :16 , 47 :1 ,47 :10 , 47 :21 ,49 :14 , 49 :19 ,52 :5 , 52 :7 ,54 :21 , 58 :10 ,71 :5 , 73 :8 ,76 :1 , 80 :12 ,

81 :13 , 81 :17 ,82 :4 , 90 :4 ,104:12,104:18,118:21,118:24

po in ted [ 4 ]47:2 , 67 :10 ,74 :1 , 74 :19

po in t i ng -93:12

Po l i ce [ 4 ]1:22, 2 :5 ,2 :6 , 45 :15

po l i cy - 109:7po r t i on [ 2 ]59:8 , 69 :10

pos i t i on [ 1 3 ]34:4 , 34 :15 ,34 :16 , 36 :5 ,36 :6 , 57 :16 ,89 :23 , 98 :11 ,98 :13 , 98 :16 ,98 :18 , 98 :19 ,98 :24

pos i t i oned -119:12

pos i t i ve -101:11

poss ib l e [ 3 ]11:24, 16 :3 ,65 :1

P O S T [ 5 2 ]1:1 , 1 :18 ,15 :10 , 17 :9 ,20 :10 , 20 :21 ,22 :17 , 22 :23 ,26 :5 , 29 :25 ,35 :17 , 36 :11 ,36 :14 , 36 :18 ,36 :25 , 37 :11 ,37 :22 , 38 :5 ,38 :7 , 38 :23 ,40 :24 , 42 :1 ,43 :5 , 43 :21 ,43 :25 , 44 :5 ,44 :9 , 44 :12 ,44 :22 , 46 :14 ,46 :24 , 46 :25 ,47 :18 , 49 :5 ,49 :8 , 52 :18 ,53 :24 , 54 :17 ,62 :10 , 71 :18 ,72 :3 , 72 :16 ,78 :21 , 79 :11 ,80 :6 , 91 :14 ,93 :22 , 98 :4 ,106:18,113:1 , 113:4 ,114:23

P O S T ' s [ 4 ]36:6 , 44 :16 ,95 :6 , 106:7

pound - 75:20power [ 2 ]26:4 , 30 :14

p rac t i ca l -24:13

p r a c t i c e -63:13

p ra i r i e - 12:21pray - 90:20p rayed - 86:2p repa re -60:12

p repa red [ 4 ]51:5 , 51 :10 ,63 :5 , 76 :5

p resen t [ 7 ]1:6 , 1 :11 ,1 :14 , 1 :21 ,23 :6 , 65 :16 ,76 :5

p resen ta t i on [ 6 ] 23:21,65 :25 , 71 :19 ,72 :9 , 75 :7 ,84 :24

p resen ted [ 2 ]28:23, 69 :2

p resen t i ng -69:3

p res ided -19:18

p re t r i a l [ 5 8 ]20:4 , 20 :18 ,22 :22 , 24 :10 ,24 :14 , 24 :17 ,24 :20 , 24 :23 ,24 :25 , 25 :4 ,25 :17 , 26 :7 ,26 :9 , 27 :1 ,27 :4 , 27 :9 ,29 :20 , 29 :22 ,30 :6 , 30 :10 ,30 :13 , 30 :18 ,31 :1 , 32 :9 ,32 :11 , 32 :14 ,33 :20 , 34 :6 ,34 :7 , 35 :3 ,35 :24 , 36 :8 ,36 :20 , 37 :20 ,37 :24 , 38 :20 ,39 :13 , 39 :15 ,40 :9 , 40 :20 ,41 :3 , 41 :22 ,42 :9 , 42 :20 ,44 :3 , 44 :9 ,44 :10 , 44 :18 ,48 :13 , 49 :1 ,

52 :17 , 53 :5 ,54 :1 , 54 :10 ,55 :3 , 55 :11 ,62 :7 , 62 :22

p reva i l -74:23

p rev i ous [ 2 ]7:12, 90 :11

p rev ious l y [ 2 ]20:14, 59 :25

p r ima ry -110:25

p r i o r [ 6 ] 21:1 ,21 :21 , 23 :14 ,28 :15 , 54 :19 ,64 :12

p r i va te [ 3 ]26:3 , 30 :13 ,31 :11

p r i va te l y [ 2 ]37:24, 40 :23

p robab l y [ 2 2 ]2:13, 31 :6 ,31 :23 , 65 :14 ,66 :1 , 66 :7 ,66 :20 , 72 :14 ,74 :6 , 75 :2 ,79 :3 , 80 :2 ,87 :14 , 91 :11 ,94 :5 , 101:18,103:3 ,105:15,108:10,108:14,111:1 , 113:8

p roba t i on [ 2 3 ]26:1 , 30 :16 ,30 :19 , 30 :23 ,30 :24 , 31 :3 ,31 :19 , 33 :9 ,35 :4 , 35 :6 ,35 :11 , 35 :14 ,37 :11 , 39 :1 ,40 :11 , 42 :16 ,44 :13 , 62 :7 ,62 :22 , 65 :10 ,65 :18 , 73 :17 ,102:16

p rob lem [ 1 0 ]5:20, 16 :16 ,22 :11 , 28 :13 ,35 :5 , 35 :12 ,36 :16 , 46 :3 ,58 :10 , 89 :19

p rob lems [ 4 ]8:15, 93 :16 ,93 :17 , 93 :22

p rocedu ra l -15:16

p rocedu re [ 4 ]

13314:13,14 :20 , 16 :15 ,19 :11

p roceed -19:7

p roceed ings [ 3 ] 2:9 , 15 :6 ,80 :2

p rocess [ 5 ]12:25, 57 :8 ,60 :14 , 79 :24 ,98 :8

p ro fan i t y -65:24

p ro fess i on -66:23

p ro fess i ona l i sm - 65:22p ro fess i ons -85:16

p ro f i c i ency -17:15

p rog ram [ 2 0 ]11:7 , 11 :10 ,24 :10 , 24 :14 ,24 :18 , 24 :18 ,25 :3 , 25 :11 ,25 :14 , 25 :20 ,26 :18 , 27 :12 ,38 :6 , 39 :20 ,40 :21 , 40 :22 ,40 :24 , 49 :2 ,82 :12 , 85 :4

p rog ress -100:4

p ro j ec t -87:24

p rope r [ 3 ]14:12, 14 :20 ,50 :18

p rope r l y -28:19

p roposa l [ 2 ]23:2 , 54 :1

p ropose -54:8

p roposed [ 3 5 ]18:25, 19 :7 ,19 :9 , 19 :10 ,19 :21 , 20 :3 ,20 :10 , 20 :24 ,21 :7 , 21 :13 ,21 :24 , 22 :18 ,22 :21 , 23 :4 ,23 :7 , 23 :13 ,25 :16 , 27 :11 ,27 :25 , 28 :6 ,28 :12 , 28 :19 ,43 :10 , 43 :12 ,47 :23 , 48 :25 ,

50 :17 , 51 :24 ,51 :25 , 52 :16 ,53 :18 , 53 :21 ,57 :2 , 57 :20 ,59 :24

p r o t e c t - 47:8p rov i de [ 1 0 ]20:17, 24 :14 ,38 :19 , 38 :23 ,60 :3 , 65 :4 ,68 :2 , 70 :8 ,79 :10 , 82 :10

p rov ided [ 6 ]20:3 , 35 :23 ,37 :25 , 41 :8 ,63 :9 , 78 :17

p rov i des [ 2 ]24:19, 58 :8

p rov id i ng [ 2 ]63:19, 64 :24

p rov i s i on [ 3 ]35:16, 46 :19 ,47 :19

p rov i s i ons -59:15

pub l i c [ 4 0 ]7:19, 7 :21 ,8 :2 , 10 :22 ,13 :21 , 13 :21 ,13 :22 , 16 :18 ,19 :21 , 25 :2 ,25 :5 , 27 :25 ,36 :21 , 40 :4 ,41 :3 , 42 :4 ,43 :22 , 44 :20 ,44 :21 , 45 :3 ,47 :5 , 50 :6 ,55 :1 , 55 :12 ,55 :22 , 56 :1 ,56 :13 , 58 :7 ,58 :12 , 58 :23 ,59 :2 , 59 :5 ,59 :11 , 60 :7 ,72 :12 , 92 :13 ,92 :13 , 95 :7 ,95 :8 , 117:3

pub l i c ' s - 15:5pub l i ca t i on -51:19

pub l i sh -51:17

pub l i sh i ng -60:14

pu l l [ 2 ] 75:3 ,96 :5

pu l l ed [ 2 ]74:25, 75 :3

punched -115:20

pu rpose [ 2 ]

117:1 , 117:3pu rsuan t -37:22

push - 112:4p u t s - 99:4pu t t i ng [ 3 ]57:8 , 62 :11 ,119:8

Qqua l i f i ca t i on [ 3 ] 13:1 , 13 :1 ,59 :7

qua l i f i ed [ 4 ]12:17, 13 :7 ,16 :13 , 40 :2

qua l i f y -108:14

qu i ck - 106:7qu i t e [ 5 ]69:16, 75 :2 ,96 :16 , 97 :16 ,113:5

qu i t t i ng -86:11

quo te - 60:5

RRache l - 76:3r a i se - 71:11r a i sed -115:12

r a i ses - 47:21Ra lph - 45:14r amb l i ng -48:1

r a m i f i c a t i o n s - 27:19r andom -110:15

r ange - 84:18r anges -24:16

r ap - 95:14r a t h e r [ 3 ]24:21, 49 :4 ,83 :8

Rava l l i -74:12

r each - 80:14r eached [ 3 ]72:20, 73 :7 ,98 :11

r each ing -106:5

r ead ing [ 4 ]33:10, 33 :16 ,81 :4 , 102:8

ready [ 6 ]14:4 , 18 :14 ,49 :11 , 66 :13 ,81 :3 , 96 :16

r ea l [ 6 ] 65:25,66 :7 , 66 :9 ,88 :13 , 91 :14 ,106:24

r ea l i t y - 93:20r ea l i ze - 48:1r ea l i zed -90:12

r ea l l y [ 2 9 ]13:9 , 16 :13 ,23 :1 , 25 :11 ,36 :3 , 58 :13 ,63 :20 , 69 :22 ,73 :8 , 74 :22 ,75 :5 , 75 :10 ,76 :3 , 85 :3 ,92 :10 , 93 :6 ,94 :14 , 95 :6 ,97 :14 , 97 :25 ,98 :2 , 99 :5 ,101:11,103:17,106:23,109:5 , 112:7 ,114:22, 119:5

r eason [ 6 ]13:9 , 93 :14 ,113:23,114:15,115:13,119:10

r eason ing [ 3 ]9:2 , 9 :7 , 9 :13

r eass i gned -108:11

r ebu i l d i ng -119:8

r ecap - 18:20r ece i ve [ 4 ]19:23, 23 :21 ,33 :20 , 36 :21

r ece i ved [ 1 0 ]6:24, 11 :12 ,27 :24 , 28 :15 ,49 :7 , 55 :24 ,60 :9 , 74 :18 ,82 :8 , 83 :7

r ece i v i ng [ 3 ]27:24, 28 :25 ,57 :23

Recess - 61:6r ec i t ed [ 2 ]20:23, 22 :8

r ecogn i ze [ 6 ]11:17, 39 :14 ,63 :8 , 75 :6 ,

100:13, 102:1r ecogn i zed -63:12

r ecogn i zes -26:25

r ecogn i z i ng -101:9

r eco l l ec t i on -28:1

r ecommenda t i on - 104:11r econvene -61:8

r eco rd [ 6 ]20:1 , 20 :23 ,21 :1 , 22 :10 ,22 :10 , 22 :13

r eco rd i ng -4:13

r e c o r d s [ 2 ]13:8 , 61 :15

r e c r u i t - 13:6r ec ru i t i ng [ 2 ]89:18, 89 :18

r educed -89:7

r educ ing -90:13

r educ t i on [ 4 ]87:25, 88 :7 ,89 :5 , 90 :2

r educ t i ons [ 2 ]92:2 , 92 :4

r e f e r - 38:10r e f e rence [ 5 ]10:10, 27 :4 ,30 :11 , 30 :12 ,56 :10

r e f e r e n c e s [ 2 ]42:11, 59 :10

r e f e r r e d [ 6 ]10:17, 27 :2 ,29 :21 , 30 :7 ,53 :5 , 54 :11

r e f e r r i ng -37:22

r e f l e c t i v e -92:12

r ega rd [ 4 ]7:23, 26 :3 ,26 :12 , 54 :7

r ega rd l ess [ 2 ]64:23, 93 :4

r ega rds [ 1 3 ]18:12, 29 :11 ,62 :21 , 72 :12 ,73 :10 , 87 :4 ,88 :16 , 96 :23 ,100:12,101:3 ,

101:25,103:5 , 110:21

r eg imen -33:5

r eg iona l -39:7

Reg i s t e r -51:18

r egu la t i ons -26:16

r e i t e r a t e d -28:24

r e i t e ra t i on [ 2 ]22:6 , 23 :11

r e j e c t - 53:17r e l a t es [ 2 ]10:15, 82 :11

r e l a t i ons -93:23

r e l i ab i l i t y -116:23

r emedy [ 2 ]15:25, 77 :20

r em ind [ 3 ]45:2 , 77 :11 ,78 :11

r em inded -72:17

r em ind ing -87:8

r enew -100:20

r epa i r - 86:15r epea t i ng -56:19

r eph rase -34:20

r ep l ace - 65:2r e p o r t [ 4 ]51:7 , 71 :17 ,109:4 , 110:3

r epo r t ed -115:8

r e p o r t s [ 2 ]108:2 , 108:14

r ep resen t [ 3 ]24:8 , 118:6 ,118:22

r ep resen ta t i on - 28:22r ep resen ta t i ve [ 3 ] 2:2 , 28 :7 ,28 :11

r e p r e s e n t s -19:24

r eques t [ 2 ]54:14, 59 :17

r eques ted [ 2 ]35:22, 87 :24

r e q u e s t s -

134108:6

r equ i r ed [ 9 ]18:6 , 19 :11 ,29 :24 , 37 :23 ,38 :22 , 43 :24 ,47 :16 , 49 :24 ,59 :6

r equ i r emen t [ 1 3 ] 15:3 ,30 :16 , 31 :14 ,31 :15 , 32 :13 ,35 :18 , 37 :15 ,38 :25 , 39 :25 ,42 :1 , 44 :3 ,55 :16 , 101:6

r equ i r emen ts [ 1 8 ] 29:14,30 :25 , 32 :9 ,32 :16 , 32 :21 ,33 :1 , 33 :6 ,33 :18 , 34 :11 ,35 :7 , 37 :11 ,38 :3 , 38 :7 ,39 :1 , 39 :4 ,42 :9 , 42 :12 ,49 :24

r equ i r es [ 5 ]37:13, 42 :14 ,45 :3 , 45 :25 ,64 :1

r equ i r i ng [ 5 ]33:19, 45 :19 ,47 :5 , 47 :18 ,77 :8

r esea rch -80:14

r e s e r v e - 8:3r e s i s t - 46:7r eso lu t i on [ 3 ]36:18, 36 :22 ,43 :2

r e s p e c t [ 9 ]21:3 , 23 :3 ,23 :7 , 42 :19 ,44 :19 , 45 :17 ,48 :17 , 54 :21 ,57 :17

r espond [ 2 ]14:4 , 84 :17

r esponse [ 3 8 ]3:2 , 3 :6 ,3 :13 , 3 :21 ,7 :15 , 7 :17 ,16 :19 , 18 :13 ,46 :22 , 46 :24 ,48 :7 , 48 :20 ,48 :23 , 50 :15 ,50 :19 , 53 :12 ,61 :1 , 61 :3 ,61 :10 , 62 :23 ,

67 :16 , 68 :12 ,68 :16 , 68 :18 ,70 :21 , 70 :25 ,71 :2 , 83 :20 ,83 :24 , 84 :1 ,86 :8 , 100:7 ,109:23,110:6 ,113:18,119:19,119:21,119:24

r esponses [ 2 ]50:17, 51 :1

r espons ib i l i t i e s [ 2 ] 44:16,65 :15

r espons ib i l i t y - 74:13r e s t [ 2 ] 14:5 ,76 :17

r e s u l t [ 2 ]44:17, 58 :12

r e t i r e - 63:14r e t i r e d - 69:14r ev i ew [ 3 ]40:21, 41 :7 ,68 :6

r ev i ewed [ 2 ]10:21, 39 :6

r ev i ewe r -48:22

r ev i s i ons -109:17

r evoca t i on -46:15

Rich [ 2 ] 2:6 ,6 :2

Rich land -1:23

r i d - 16:9r i d i cu l ous [ 2 ]76:18, 76 :24

r i gh t y - 5:16r i ng - 50:5Robb in [ 2 ]1:12, 3 :11

r o l e - 37:20r o l l [ 3 ] 2:14,2 :14 , 2 :16

r oom [ 1 0 ] 5:9 ,10 :9 , 38 :13 ,72 :15 , 74 :7 ,82 :14 , 94 :17 ,103:24,106:1 , 115:11

r ose - 21:18r ough l y -24:18

r ound - 64:1

r u l e [ 1 2 ]11:25, 19 :4 ,19 :4 , 19 :14 ,21 :8 , 45 :22 ,45 :25 , 46 :21 ,47 :24 , 48 :22 ,57 :15 , 59 :25

r u l e ' s - 50:7r u l emak ing [ 6 ]19:8 , 19 :8 ,19 :10 , 22 :8 ,28 :12 , 57 :18

r u l es [ 2 4 ]18:23, 19 :1 ,19 :22 , 20 :17 ,21 :3 , 21 :13 ,21 :25 , 22 :18 ,22 :25 , 27 :25 ,28 :1 , 28 :4 ,46 :10 , 47 :23 ,51 :12 , 51 :17 ,51 :17 , 51 :19 ,51 :22 , 51 :22 ,57 :12 , 58 :12 ,59 :23 , 60 :15

r unn ing - 65:4R u t - 97:9Ryan [ 1 2 ] 1:7 ,3 :9 , 29 :9 ,49 :10 , 50 :24 ,57 :9 , 58 :17 ,58 :18 , 59 :18 ,60 :16 , 60 :23 ,93 :11

SS - T - A - S - I - A - K - 6:7sa fe t y [ 2 3 ]10:22, 25 :2 ,25 :6 , 40 :4 ,41 :3 , 42 :4 ,43 :23 , 44 :20 ,44 :22 , 45 :3 ,47 :6 , 50 :7 ,55 :1 , 55 :12 ,55 :22 , 56 :1 ,56 :13 , 58 :23 ,59 :2 , 59 :5 ,59 :11 , 60 :7 ,72 :12

sa la ry - 98:20sanc t i ons -91:1

Sandyhook -84:24

Sarah [ 2 ]19:18, 46 :2

s a t - 98:21

sa t i s f y - 37:14sa t i s f y i ng -37:11

saun te red -111:3

saved - 86:21sav ing -112:22

sav ings [ 4 ]24:19, 89 :13 ,89 :19 , 89 :21

say ing [ 1 7 ]7:14, 10 :4 ,38 :4 , 46 :11 ,48 :9 , 49 :20 ,55 :14 , 58 :21 ,60 :25 , 68 :15 ,70 :24 , 83 :23 ,85 :20 , 91 :18 ,108:1 ,108:15,116:12

says [ 1 0 ]10:17, 11 :13 ,30 :2 , 50 :6 ,53 :4 , 53 :24 ,54 :23 , 55 :2 ,57 :11 , 85 :19

s c a r r e d -85:10

scope [ 3 ]23:16, 44 :16 ,107:5

sea rch ing -87:4

Sec re ta r y [ 2 ]51:13, 51 :16

sec t i on [ 5 ]26:7 , 26 :23 ,27 :7 , 55 :19 ,61 :18

see ing [ 4 ]68:4 , 85 :2 ,85 :8 , 106:10

seek - 38:24s e e m s - 46:17se ldom -73:19

se lec t i on -110:16

s e m a n t i c s -40:8

send - 12:8send ing -12:15

sense [ 3 ]33:10, 36 :22 ,58 :9

sens i t i ve -111:11

s e n t [ 8 ] 8:24,27 :18 , 30 :22 ,73 :13 , 84 :18 ,96 :8 , 106:10,106:13

sepa ra te [ 3 ]20:19, 32 :20 ,53 :15

Sep tembe r [ 2 ]19:15, 19 :16

Sergean t s -84:16

se r i ous l y -111:13

se r i ousness -112:5

s e r v e - 37:19se rved [ 2 ]72:6 , 99 :3

s e r v i c e [ 6 ]24:17, 39 :15 ,40 :9 , 63 :8 ,78 :18 , 119:14

s e r v i c e s [ 6 7 ]2:4 , 2 :7 ,19 :25 , 20 :4 ,20 :18 , 22 :20 ,22 :22 , 24 :9 ,24 :9 , 24 :10 ,24 :14 , 24 :20 ,24 :23 , 24 :25 ,25 :17 , 26 :7 ,26 :9 , 27 :1 ,27 :5 , 27 :9 ,28 :8 , 29 :20 ,29 :22 , 30 :6 ,30 :10 , 30 :13 ,30 :18 , 30 :22 ,31 :1 , 31 :2 ,32 :9 , 32 :11 ,32 :15 , 33 :21 ,34 :6 , 34 :7 ,35 :3 , 35 :25 ,36 :8 , 36 :20 ,37 :20 , 37 :24 ,38 :20 , 39 :13 ,40 :20 , 41 :3 ,41 :22 , 42 :10 ,42 :20 , 43 :7 ,44 :3 , 44 :9 ,44 :10 , 44 :18 ,48 :13 , 49 :1 ,52 :17 , 53 :5 ,54 :2 , 54 :10 ,55 :3 , 55 :7 ,55 :11 , 62 :8 ,63 :20 , 64 :25 ,65 :5

se rv i ng - 64:3sess i on [ 8 ]

20:11, 92 :1 ,112:23,113:20,114:1 , 114:3 ,116:7 , 117:7

s e t s - 32:8seve ra l [ 6 ]9:22, 18 :23 ,77 :7 , 86 :9 ,95 :21 , 97 :22

shake -109:17

sha re [ 2 ]93:9 , 109:8

s h e ' s [ 3 ] 76:3 ,80 :4 , 97 :16

S h e r i f f [ 6 ]1:23, 2 :1 ,62 :2 , 62 :5 ,83 :19 , 107:24

S h e r i f f s [ 6 ]84:16, 84 :22 ,93 :1 , 95 :22 ,107:22,110:16

shocked -115:1

shoo t i ng [ 3 ]82:14, 84 :25 ,86 :2

shoo t i ngs [ 2 ]80:9 , 84 :22

s h o r t [ 2 ] 37:6 ,101:15

sho r t en i ng -56:4

s h o r t f a l l -90:1

s h o r t f a l l s [ 2 ]87:9 , 90 :12

s h o t - 115:17shou ldn ' t -89:11

show ing -22:12

shows [ 2 ]76:13, 78 :9

s h u f f l e - 71:7shy - 114:21s ideways -15:16

S idney [ 3 ]1:22, 15 :23 ,16 :22

s i g h t - 87:10s ign [ 7 ] 7:16,45 :25 , 60 :13 ,61 :2 , 68 :17 ,71 :1 , 83 :25

s i gna tu re [ 2 ]

13548:21,51 :16

s igned [ 2 ]46:5 , 51 :8

s i gn i f i can t [ 4 ]19:5 , 25 :2 ,31 :5 , 45 :18

s ign i f i can t l y -103:8

s ign i f y [ 5 ]7:14, 60 :25 ,68 :15 , 70 :24 ,83 :22

s im i l a r [ 2 ]22:24, 44 :1

s imp le - 27:7s imp ly [ 4 ]22:6 , 26 :15 ,45 :20 , 46 :20

s i t [ 5 ] 15:23,72 :10 ,109:15,109:17, 112:2

s i t s - 69:17s i t t i n g - 78:14s i t ua t i on [ 4 ]9:10, 25 :12 ,37 :17 , 99 :7

s i t u a t i o n s -65:13

s i x [ 2 ] 89:25,102:12

sky - 91:18S laugh te r [ 7 ]1:8 , 3 :16 ,3 :17 , 3 :19 ,5 :24 , 5 :24 ,71 :13

s leep - 102:9s l e p t - 29:3s l i gh t l y -67:24

s m a l l e s t -74:6

s m a r t - 76:13sm i l e - 92:18S m i t h [ 1 3 ]1:9 , 4 :3 , 4 :4 ,31 :18 , 39 :18 ,43 :11 , 49 :17 ,58 :1 , 71 :14 ,78 :5 , 83 :15 ,91 :22 , 110:9

s m o o t h - 65:1s o ' s - 67:1soap - 116:4so l i d - 104:6somebody [ 7 ]9:21, 24 :17 ,44 :25 , 65 :20 ,

95 :3 , 95 :4 ,116:11

somebody ' s -86:21

someone [ 4 ]36:9 , 55 :9 ,67 :6 , 117:4

someone ' s -66:25

s o m e t i m e -97:4

somewhere [ 3 ] 36:23,37 :10 , 77 :9

song - 70:6so r r y [ 8 ] 2:20,7 :4 , 29 :8 ,29 :17 , 44 :25 ,71 :13 , 96 :13 ,109:3

s o r t [ 2 ] 12:24,40 :8

sounds [ 2 ]4:19, 81 :24

space - 48:21speak [ 4 ]49:3 , 117:19,117:22,118:23

S P E A K E R [ 4 7 ] 2:18,3 :14 , 4 :14 ,4 :15 , 4 :19 ,5 :1 , 5 :6 , 7 :8 ,16 :24 , 17 :19 ,17 :25 , 24 :2 ,48 :6 , 50 :10 ,50 :16 , 53 :21 ,61 :15 , 66 :2 ,66 :17 , 68 :9 ,68 :20 , 69 :11 ,75 :17 , 75 :22 ,75 :23 , 76 :7 ,76 :21 , 83 :13 ,95 :3 , 95 :13 ,95 :15 ,102:11,103:20,104:5 ,105:12,105:17,105:20,108:21,108:25,109:13,110:11,112:21,112:24,113:13,114:14,

118:14, 120:3speake rs -84:21

speaks [ 7 ]10:4 , 32 :13 ,32 :19 , 34 :1 ,34 :18 , 42 :8 ,49 :3

spea r -118:24

spec ia l - 88:2s p e c i f i c [ 4 ]32:14, 33 :20 ,44 :17 , 45 :11

spec i f i ca l l y [ 8 ] 20:17,26 :8 , 26 :11 ,33 :17 , 36 :19 ,41 :21 , 43 :24 ,114:18

s p e c i f i c s [ 2 ]26:21, 26 :22

speech -66:25

spend - 91:5spends -69:16

spoke [ 2 ]42:23, 102:21

sp r i ng [ 2 ]76:6 , 76 :7

squeeg ie -85:12

s tabbed -115:17

s t a f f [ 1 6 ]1:14, 19 :7 ,21 :19 , 60 :12 ,64 :8 , 65 :14 ,69 :25 , 74 :4 ,76 :2 , 89 :20 ,89 :22 , 97 :20 ,106:1 , 106:5 ,106:22,109:16

s takeho lde r s [ 4 ] 62:12,73 :21 ,100:19, 106:5

s tand [ 2 ]66:13, 120:4

s tanda rd [ 2 ]73:10, 94 :19

s tanda rds [ 6 ]8:14, 10 :23 ,17 :15 , 59 :8 ,76 :23 , 96 :21

s tand ing -59:22

s t a r t [ 6 ] 4:9 ,

10 :4 , 57 :7 ,76 :16 , 78 :8 ,91 :23

s t a r t e d [ 1 3 ]5:14, 11 :21 ,16 :11 , 35 :21 ,36 :4 , 41 :23 ,62 :2 , 71 :24 ,80 :22 , 81 :7 ,86 :13 , 86 :13 ,119:8

s t a r t i n g [ 5 ]99:13, 99 :16 ,106:21,108:19,110:12

s t a r t s [ 4 ]21:16, 82 :2 ,97 :9 , 112:4

S t a s i a k [ 6 ]2:7 , 6 :3 , 6 :3 ,6 :6 , 6 :7 , 6 :9

s t a t e [ 2 2 ]10:20, 11 :9 ,11 :16 , 13 :13 ,14 :15 , 15 :9 ,25 :9 , 25 :10 ,39 :2 , 51 :16 ,60 :4 , 72 :12 ,74 :6 , 74 :9 ,76 :11 , 76 :22 ,97 :2 , 101:13,103:15,113:7 ,114:17,114:25

S t a t e ' s -51:13

s t a t e m e n t [ 2 ]20:1 , 20 :25

s t a t e m e n t s -21:3

s t a t e s [ 2 ]9:18, 101:10

s t a t i c [ 2 ]89:22, 89 :23

s t a t u s [ 8 ]73:11, 94 :14 ,94 :25 , 97 :19 ,105:13,108:17,109:21, 110:2

s t a t u t e [ 2 1 ]10:12, 11 :25 ,12 :1 , 12 :24 ,26 :6 , 30 :14 ,30 :25 , 31 :15 ,32 :7 , 33 :11 ,33 :11 , 33 :17 ,35 :17 , 37 :12 ,

38 :22 , 42 :8 ,42 :12 , 44 :1 ,44 :17 , 58 :25 ,59 :15

s t a t u t e s [ 3 ]10:12, 32 :19 ,43 :21

s ta tu to r y [ 6 ]26:10, 27 :4 ,37 :14 , 77 :12 ,77 :13 , 77 :20

s tay [ 2 ]12:20, 106:24

s tays - 89:22s teady - 94:19s t e a l - 109:14s tepped -115:17

s t e p s - 51:3S t e v e - 81:13S t i n a r -106:11

s t i pu l a t ed -91:1

s t o p [ 2 ]93:16, 93 :21

St rande l l [ 4 ]1:12, 3 :20 ,97 :17 , 109:21

s t r ang led -115:21

s t r e s s e d -94:12

s t r i c k e n -56:11

s t r i k e - 56:8s t r i k i n g - 57:7s t r o n g - 73:14s t r u c t u r e -88:17

s t r u c t u r e d [ 2 ]54:23, 55 :9

s t r ugg led -117:8

s t u d e n t -111:4

s t u d e n t s -69:21

s t u f f [ 2 ] 13:4 ,114:6

sub [ 6 ] 29:18,29 :21 , 29 :21 ,50 :6 , 59 :25 ,60 :3

sub (d - 30:10sub jec t [ 9 ]14:15, 20 :7 ,20 :9 , 20 :13 ,23 :23 , 28 :14 ,32 :19 , 42 :24 ,

45 :16subm iss i on [ 3 ] 21:22,28 :15 , 28 :25

s u b m i t t e d [ 1 0 ]21:1 , 21 :10 ,21 :21 , 22 :1 ,23 :14 , 28 :9 ,33 :4 , 39 :8 ,51 :12 , 51 :13

s u b m i t t i n g [ 3 ]21:2 , 21 :10 ,23 :10

subsec t i on [ 1 2 ] 10:18,17 :25 , 54 :23 ,55 :20 , 56 :14 ,58 :21 , 58 :24 ,59 :2 , 59 :3 ,59 :4 , 59 :6 ,59 :10

subs tance [ 2 ]22:9 , 28 :18

s u b s t a n t i v e -19:22

s u c c e s s f u l [ 2 ]42:15, 90 :25

Sue [ 2 ] 21:5 ,21 :12

s u f f i c i e n t -37:14

sugges t [ 7 ]23:5 , 23 :20 ,46 :24 , 55 :10 ,104:14,104:17, 105:1

sugges ted [ 7 ]20:2 , 21 :13 ,46 :22 , 47 :14 ,48 :25 , 54 :18 ,84 :14

sugges t i on -22:4

sugges t i ons [ 3 ] 22:19,27 :17 , 102:23

s u g g e s t s [ 2 ]45:18, 47 :25

su i c i des -85:17

summar i ze -22:21

summary [ 2 ]90:25, 91 :3

supe rv i sed [ 2 ]25:1 , 25 :4

supe rv i s i ng -24:17

supe rv i s i on -24:21

136suppo r t [ 7 ]33:2 , 82 :20 ,93 :14 ,115:24,118:9 ,118:11,118:21

supposed [ 2 ]13:22, 57 :11

su rp r i se -16:13

su r rende rs -91:1

suspended [ 2 ]66:20, 67 :11

suspens ion [ 2 ] 46:14,73 :18

S W AT -110:25

swea r [ 2 ]45:19, 46 :18

swea r i ng [ 2 ]47:8 , 50 :11

swea rs -50:12

swea t - 67:12sworn - 50:7sy l l abus [ 8 ]41:7 , 41 :12 ,67 :18 , 67 :20 ,67 :23 , 68 :4 ,70 :3 , 70 :17

sy l l abuses -39:8

sympa the t i c -47:1

sys tem [ 3 ]25:8 , 82 :5 ,106:19

Tt ab l e [ 2 ]26:12, 114:7

t a ken [ 4 ]45:23, 47 :18 ,49 :22 , 61 :6

t a k e s [ 3 ]65:3 , 82 :7 ,115:19

t a k i ng [ 7 ]14:17, 45 :16 ,56 :5 , 84 :12 ,93 :15 , 101:5 ,113:4

t a l k s [ 4 ] 18:1 ,24 :13 , 33 :17 ,61 :15

t angen t - 14:2

t a s k e d [ 2 ]88:5 , 90 :13

t a s k s - 74:15t a u g h t [ 3 ]10:20, 12 :14 ,13 :4

t each - 68:22t each ing [ 3 ]12:13, 13 :4 ,69 :1

t eased -107:21

t echn i ca l l y -55:5

Techno logy -80:12

t e l ephone [ 3 ]1:19, 28 :5 ,61 :9

t e l l i ng - 80:4t e l l s - 113:2t e m p [ 4 ] 79:1 ,79 :5 , 98 :18 ,99 :8

t e m p s - 97:22t e n [ 3 ] 61:5 ,98 :1 , 100:24

t end - 13:20Ten ta t i ve l y -105:2

t e r m s [ 2 ]19:21, 64 :24

t e s t [ 3 ] 12:25,13 :2 , 81 :10

t es t imony [ 5 ]21:12, 22 :7 ,22 :13 , 23 :13 ,28 :20

t hank [ 3 3 ]6:21, 8 :9 ,16 :17 , 16 :24 ,18 :19 , 23 :25 ,24 :6 , 27 :15 ,29 :3 , 29 :4 ,40 :18 , 44 :23 ,63 :23 , 63 :24 ,64 :21 , 65 :7 ,67 :14 , 71 :9 ,77 :23 , 82 :6 ,84 :3 , 84 :8 ,95 :16 , 96 :18 ,109:11,109:20,110:7 , 113:3 ,113:15,116:4 ,118:11,118:12,119:17

t h a n k f u l -

107:17t h a n k s [ 1 1 ]59:13, 63 :18 ,65 :6 , 75 :7 ,75 :8 , 75 :15 ,77 :24 , 106:8 ,112:11,119:16, 120:5

t h e i r s - 89:10t h e m s e l v e s [ 3 ] 4:8 , 5 :15 ,6 :17

t h e r e ' s [ 6 ]61:24, 95 :21 ,95 :24 , 96 :22 ,101:2 , 101:2

t h e r e f o r e -9:8

t hey ' d - 13:2t hey ' l l [ 3 ]40:2 , 41 :1 ,96 :2

t hey ' r e [ 2 2 ]5:6 , 6 :13 ,8 :17 , 8 :19 ,8 :21 , 11 :9 ,12 :11 , 34 :11 ,37 :2 , 39 :22 ,44 :11 , 55 :8 ,66 :23 , 74 :7 ,92 :10 , 93 :13 ,94 :7 , 96 :1 ,101:20,105:8 ,111:25, 112:9

t hey ' ve [ 1 0 ]9:14, 9 :14 ,9 :23 , 11 :7 ,30 :13 , 30 :15 ,31 :13 , 44 :14 ,89 :14 , 115:8

t h i ng [ 1 1 ]10:11, 33 :15 ,41 :6 , 42 :13 ,70 :1 , 73 :25 ,75 :10 , 79 :17 ,100:18,102:24, 111:2

t h i nk i ng [ 2 ]73:6 , 73 :15

t h i n k s - 37:2t h i r d [ 3 ]56:10, 60 :11 ,75 :23

Thomas [ 1 1 ]1:9 , 3 :22 ,3 :23 , 14 :7 ,68 :8 , 70 :18 ,76 :25 , 93 :25 ,103:6 , 110:1 ,

110:23Thompson -86:5

t ho rough -106:7

t hough [ 6 ]39:10, 59 :22 ,71 :12 , 98 :23 ,112:25,113:10

t housand -9:22

t h roughou t -25:9

t hunde r -109:14

T ia [ 3 ] 1:11,3 :11 , 3 :11

t i gh ten -91:21

T im [ 2 ] 1:8 ,3 :24

t ime l y - 22:1t oday [ 1 9 ]10:3 , 14 :17 ,25 :14 , 26 :12 ,27 :10 , 38 :4 ,51 :21 , 61 :20 ,72 :22 , 79 :12 ,79 :18 , 97 :25 ,103:24,104:1 , 107:4 ,113:20,119:11, 120:5

t oday ' s [ 3 ]14:14, 18 :21 ,58 :5

t o l e ra t i ng -64:22

To l son [ 8 ]2:5 , 5 :25 ,5 :25 , 6 :18 ,61 :13 , 81 :24 ,82 :4 , 95 :2

Tony [ 6 ] 1:6 ,2 :24 , 6 :18 ,61 :14 , 81 :24 ,102:24

t o p [ 7 ] 29:13,30 :8 , 88 :6 ,89 :4 , 90 :15 ,92 :22 , 114:6

t o p i c - 26:1t o t a l l y - 76:24t oughe r - 13:9t r a i n [ 2 ]38:21, 86 :17

t r a i ned [ 5 ]9:23, 12 :10 ,35 :25 , 37 :19 ,

38 :8t r a i n e r [ 2 ]82:15, 86 :10

t r a i n i ng [ 6 5 ]8:17, 9 :6 ,9 :14 , 9 :15 ,10 :23 , 10 :24 ,12 :9 , 13 :11 ,18 :6 , 29 :24 ,30 :15 , 30 :19 ,30 :23 , 31 :3 ,31 :7 , 31 :10 ,31 :13 , 32 :8 ,33 :3 , 33 :4 ,33 :15 , 33 :18 ,33 :20 , 36 :10 ,36 :22 , 36 :23 ,37 :9 , 37 :12 ,37 :13 , 37 :15 ,37 :23 , 38 :2 ,38 :5 , 38 :25 ,39 :2 , 39 :5 ,39 :5 , 39 :7 ,39 :7 , 42 :12 ,42 :12 , 42 :15 ,43 :6 , 44 :6 ,44 :6 , 44 :7 ,44 :14 , 49 :4 ,49 :6 , 55 :16 ,59 :7 , 65 :23 ,73 :18 , 82 :11 ,82 :19 , 83 :1 ,83 :10 , 84 :9 ,84 :11 , 84 :14 ,85 :4 , 85 :23 ,88 :19 , 96 :22 ,101:6

t r a i n i ngs -41:13

t r ansc r i bed -10:3

t r a n s c r i p t i o n [ 6 ] 79:10,79 :13 , 79 :25 ,80 :2 , 80 :5 ,91 :9

t r a n s c r i p t i o n i s t - 10:7t r a n s c r i p t i o n i s t - 91:10t r a n s c r i p t s [ 2 ]80:19, 95 :25

t r a n s i t i o n [ 3 ]65:1 , 69 :22 ,80 :16

t r ans i t i oned -96:15

t r ans i t i on i ng -106:18

t r ans l a t i on -

77:9t r a v e l [ 6 ]15:23, 16 :22 ,91 :9 , 97 :5 ,103:7 , 103:15

t r e e - 12:19t r emendous [ 2 ] 97:17,103:22

Tren t [ 3 ] 62:5 ,94 :17 , 101:18

Tren ton - 2:1t r i e d [ 5 ]27:22, 73 :23 ,74 :22 , 91 :6 ,107:14

t r i g g e r - 96:5t r oub le - 46:6Troy - 94:20Truman [ 8 ]2:5 , 5 :25 ,6 :19 , 6 :20 ,61 :11 , 81 :23 ,87 :7 , 95 :1

t r u s t [ 4 ]93:18, 95 :8 ,112:13, 117:3

Tuesdays -118:1

t unne l - 86:16t u r n [ 4 ] 30:7 ,95 :1 , 102:24,108:3

tweaked -70:10

tweak ing -74:21

Twee ten [ 6 0 ]1:19, 4 :22 ,6 :10 , 6 :11 ,6 :14 , 11 :2 ,12 :4 , 14 :9 ,14 :10 , 14 :12 ,17 :5 , 18 :19 ,26 :21 , 27 :21 ,29 :15 , 32 :3 ,32 :4 , 32 :7 ,33 :14 , 33 :25 ,34 :14 , 34 :22 ,36 :17 , 38 :10 ,41 :25 , 42 :6 ,43 :17 , 43 :20 ,44 :24 , 45 :6 ,45 :8 , 48 :8 ,48 :12 , 50 :1 ,50 :23 , 51 :2 ,51 :25 , 52 :4 ,52 :11 , 52 :16 ,52 :25 , 53 :15 ,53 :23 , 54 :6 ,

13754:17,54 :21 , 55 :17 ,56 :8 , 57 :5 ,57 :9 , 58 :4 ,58 :16 , 58 :25 ,59 :9 , 59 :14 ,59 :19 , 60 :19 ,63 :9 , 64 :2 ,79 :22

twe l ve - 101:4twen ty -101:16

t ype - 112:3

Uu l t ima te l y [ 2 ]20:11, 81 :4

U m ' s - 67:1umbre l l a -45:4

unava i l ab le [ 2 ] 107:16,107:17

unconsc ionab le - 115:21unde rs tand [ 1 4 ] 8:19,12 :16 , 15 :17 ,15 :20 , 22 :2 ,32 :23 , 33 :12 ,66 :8 , 73 :9 ,93 :13 , 93 :19 ,108:1 ,115:10, 117:4

unde rs tand ing [ 4 ] 40:19,41 :19 , 44 :7 ,54 :13

unde rs tood [ 2 ] 9:7 , 57 :20un f i l ed - 79:4un in ten t i ona l l y - 52:6U N K N O W N [ 4 7 ] 2:18,3 :14 , 4 :14 ,4 :15 , 4 :19 ,5 :1 , 5 :6 , 7 :8 ,16 :24 , 17 :19 ,17 :25 , 24 :2 ,48 :6 , 50 :10 ,50 :16 , 53 :21 ,61 :15 , 66 :2 ,66 :17 , 68 :9 ,68 :20 , 69 :11 ,75 :17 , 75 :22 ,75 :23 , 76 :7 ,76 :21 , 83 :13 ,95 :3 , 95 :13 ,

95 :15 ,102:11,103:20,104:5 ,105:12,105:17,105:20,108:21,108:25,109:13,110:11,112:21,112:24,113:13,114:14,118:14, 120:3

un less - 103:4unnecessa r i l y - 56:19unp ro fess i ona l - 65:22unsupe rv i sed - 25:1un t ime l y -23:17

upda te -97:12

upda ted -67:20

upda tes [ 5 ]105:23,105:24,107:2 , 109:8 ,109:10

upho ld - 47:8upho ld i ng -117:2

upon - 28:24usua l l y - 97:9

Vvacancy [ 3 ]89:12, 89 :19 ,89 :21

va lue [ 5 ]46:18, 46 :25 ,47 :2 , 67 :4 ,118:9

va r i ous [ 2 ]51:6 , 51 :12

veh i c l e -103:15

vendo r [ 2 ]80:21, 80 :21

venue [ 3 ]38:24,103:13,104:11

venues - 91:9

ve rba l [ 2 ]22:6 , 28 :11

ve rba l l y [ 5 ]20:23, 22 :9 ,22 :11 , 28 :7 ,28 :23

v e r s e - 70:6ve toed [ 2 ]20:12, 74 :23

v i a - 108:22v iab le [ 2 ]27:12, 31 :12

v iew - 26:14v iews [ 2 ]21:22, 92 :13

v i o l a t i ng -47:18

v i o l a t i on [ 2 ]46:7 , 46 :13

v i s i t - 16:23v i sua l i za t i on -28:10

vo la t i l e -91:14

vo lun tee r [ 2 ]69:5 , 74 :15

v o t e [ 6 ] 7:13,60 :24 , 68 :14 ,70 :23 , 83 :18 ,83 :22

v o t e s - 71:6

Wwa i t [ 2 ] 7:1 ,67 :9

wa ive [ 2 ]11:24, 35 :17

wan ted [ 1 6 ]41:17, 42 :22 ,48 :16 , 53 :8 ,58 :20 , 63 :7 ,63 :11 , 63 :15 ,63 :18 , 74 :17 ,75 :3 , 75 :6 ,84 :5 , 97 :15 ,106:25,117:16

wan ts [ 6 ]12:20, 12 :20 ,22 :17 , 23 :4 ,65 :21 , 109:4

wars - 85:20we 'd [ 3 ]14:17,105:13,105:15

we ' l l [ 2 8 ]7:13, 11 :17 ,11 :17 , 15 :24 ,

60 :23 , 61 :7 ,62 :24 , 67 :17 ,68 :13 , 70 :22 ,74 :21 , 78 :2 ,83 :21 , 97 :5 ,98 :14 , 98 :16 ,98 :17 , 99 :8 ,99 :20 ,100:18,104:18,104:19,104:20,104:23,104:24,109:8 ,117:11,117:13

we ' re [ 7 7 ]4:17, 8 :15 ,9 :18 , 12 :12 ,13 :4 , 13 :6 ,13 :22 , 15 :1 ,17 :14 , 25 :7 ,25 :14 , 26 :18 ,27 :10 , 29 :12 ,33 :11 , 36 :12 ,37 :17 , 41 :14 ,49 :13 , 49 :20 ,58 :13 , 62 :8 ,63 :2 , 69 :2 ,71 :8 , 74 :9 ,74 :15 , 74 :19 ,81 :3 , 81 :16 ,81 :17 , 81 :18 ,85 :11 , 85 :15 ,85 :17 , 86 :25 ,87 :17 , 88 :4 ,88 :18 , 89 :23 ,89 :24 , 90 :13 ,90 :13 , 90 :14 ,90 :20 , 91 :3 ,91 :11 , 92 :14 ,92 :15 , 93 :5 ,93 :7 , 93 :12 ,93 :17 , 93 :22 ,95 :20 , 96 :3 ,96 :16 , 96 :16 ,98 :22 , 99 :16 ,99 :24 , 100:3 ,100:4 , 101:5 ,104:1 ,104:15,104:21,112:22,114:4 ,116:21,117:8 , 119:4 ,119:10,119:11,119:12,

119:13,119:14

we 've [ 4 8 ]4:5 , 5 :20 ,10 :2 , 11 :2 ,11 :11 , 15 :17 ,17 :13 , 18 :21 ,20 :7 , 20 :13 ,25 :3 , 27 :11 ,30 :21 , 48 :10 ,49 :21 , 49 :21 ,67 :23 , 69 :2 ,70 :8 , 72 :8 ,72 :22 , 73 :13 ,74 :8 , 74 :10 ,78 :20 , 79 :4 ,80 :17 , 85 :13 ,86 :7 , 88 :8 ,90 :25 , 91 :2 ,91 :20 , 93 :5 ,97 :22 , 99 :13 ,99 :19 , 99 :21 ,99 :22 ,101:15,103:23,106:6 , 107:3 ,107:5 ,108:11,108:16,108:18, 110:1

W ednesday [ 3 ] 105:3 ,105:4 , 105:4

W ednesdays -105:19

week [ 4 ] 97:4 ,101:4 ,107:10,107:11

weeks [ 3 ]71:22, 76 :4 ,79 :8

W ei s s - 76:3we lcome [ 2 ]61:19, 62 :4

wha t ' s [ 3 ]23:2 , 38 :22 ,92 :3

wha teve r [ 9 ]16:15, 23 :13 ,23 :21 , 56 :14 ,64 :25 , 101:3 ,104:16,106:20,114:11

wha tsoeve r -66:23

W HE R E U P O N - 2:9whereve r -

15:11whe the r [ 1 1 ]9:17, 9 :21 ,13 :2 , 22 :3 ,22 :17 , 23 :12 ,23 :19 , 66 :25 ,104:21,104:22, 112:1

wh ips - 118:1W hi t e f i s h -107:12

who ' s [ 2 ]23:22, 115:18

whoeve r [ 2 ]65:3 , 99 :2

who le [ 2 ]88:1 , 108:14

whose [ 2 ]10:24, 11 :14

W i l k i ns [ 6 ]21:5 , 21 :12 ,21 :25 , 23 :12 ,28 :14 , 28 :24

wi l l i ng [ 2 ] 8:6 ,116:17

windedness -64:22

wish [ 2 ]70:13, 97 :17

wi thd raw -52:23

wi thd raw ing -43:12

wi thd rawn -54:5

wi thd rew -53:10

wi th i n [ 5 ]27:24, 37 :6 ,37 :8 , 44 :15 ,101:21

wi tnesses -91:8

woman [ 2 ]97:15, 99 :4

won ' t - 77:12wonde red -105:10

wonde r fu l -118:7

wonde r i ng [ 2 ]9:1 , 12 :10

woods - 12:20word ing -59:20

worke r [ 2 ]79:1 , 114:19

worse - 95:13wor th [ 2 ]103:20,

138113:11

wou ldn ' t [ 5 ]37:15, 67 :12 ,76 :23 , 81 :1 ,84 :10

wr i t i ng [ 3 ]21:21, 23 :14 ,45 :12

wr i t t en [ 1 6 ]20:25, 21 :2 ,21 :10 , 21 :12 ,21 :22 , 22 :6 ,22 :12 , 23 :11 ,23 :12 , 27 :23 ,28 :10 , 28 :15 ,28 :22 , 28 :25 ,53 :12 , 57 :23

wrong [ 2 ]81:6 , 83 :4

wro te - 65:21

Yyeah [ 2 ]69:11, 103:11

yea r ' s - 79:15Ye l l ows tone -111:5

yes te rday [ 3 ]72:23, 75 :9 ,99 :1

ye t [ 8 ] 5:5 ,45 :10 , 78 :14 ,96 :8 , 96 :16 ,98 :13 ,109:22, 110:5

y ie ld [ 2 ]16:15, 17 :4

y ie lds - 24:3Yor k - 100:14you 'd [ 5 ] 4:9 ,53 :11 , 53 :12 ,59 :14 , 109:8

you ' l l [ 6 ]10:13, 30 :8 ,45 :24 , 46 :2 ,48 :12 , 65 :11

young [ 2 ]97:15, 99 :4

you rs - 86:12you rse l ves -5:19

23.13.101 ORGANIZATION AND GENERAL PROVISIONS, PUBLIC INSPECTION OF ORDERS AND DECISIONS

(1) The organization and function of the Public Safety Officers Standards and Training Council ("POST" or "POST Council") are described in ARM 23.1.101(1)(d), (2)(k), and (4).

(2) POST will maintain an index of all final orders and decisions in contested cases and declaratory rulings. All final decisions and orders must be available for public inspection on request, except confidential information which is protected from disclosure by federal or state law. Copies of final decisions and orders must be given to the public on request after payment of the cost of duplication.

History: 2-15-2029, MCA; IMP, 2-4-201, 2-4-623, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.

23.13.102 DEFINITIONS

As used in this chapter, the following definitions apply: (1) "Allegation" means: (a) a statement or accusation of misconduct made against a public safety officer to POST staff or the council by

anyone;(b) a statement or accusation of misconduct against a public safety officer made by the POST executive director acting

upon any credible knowledge, information, or belief;(c) the document or statement, prior to the notice of agency action, that initiates the informal revocation, suspension, or

sanction proceeding against an officer.(2) "Certification" or "certificate" means any basic or advanced standards and training certification granted by the

council after completion of the specific requirements as set forth in these rules.(3) "Contested case" means:(a) a civil administrative proceeding that progresses pursuant to notice and hearing as outlined in MAPA and these

rules; or(b) a proceeding initiated by a request for a hearing from the officer after the officer has received a notice of agency

action imposing sanction, suspension, or revocation by the director when the case could not be settled at the preliminary stage of review, investigation, or informal proceeding.

(4) "Conviction" means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury, without regard to the sentence imposed or whether the charge is later dismissed.

(5) "Council" or "POST Council" or "POST" means the full 13-member public safety officer standards and training council as created by 2-15-2029, MCA.

(6) "Director" or "executive director" means the executive director of the public safety officer standards and training council.

(7) "Employing authority," "employing agency," or "governmental unit" means any entity that is statutorily empowered with administration, supervision, hiring or firing authority, training, or oversight over a public safety agency or officer. This may include but is not limited to: the chief of police, mayor, county attorney, city council, warden, sheriff, etc.

(8) "Field training" means instruction, training, or skill practice rendered to an officer by another officer or officers on a tutorial basis during a tour of duty while performing the normal activities of that officer's employment.

(9) "Hearing examiner" means the chair or the council's designated representative, who regulates the course of a contested case proceeding or other hearing held by the council, pursuant to 2-4-611, MCA and these rules. Powers of a presiding officer are the same as those of a hearing examiner.

(10) "In-service training" means training provided within a law enforcement and/or public safety agency to review and develop skills and knowledge for the specific agency's needs.

(11) "Informal proceeding" means a proceeding that occurs before a MAPA contested case proceeding and includes but is not limited to: correspondence between POST and the officer accused of misconduct and his employing authority; investigation by POST; stipulation or settlement negotiations or agreement; or a sanction, suspension, or revocation imposed through a notice of agency action.

(12) "MAPA" means the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.(13) "Misconduct" means any action or conduct that could potentially result in sanction, suspension, or revocation of

POST certification pursuant to ARM 23.13.702 or a violation of the code of ethics contained in ARM 23.13.203.(14) "MLEA" or "Academy" means the Montana Law Enforcement Academy. (15) "Notice of agency action" means the document that:(a) gives an officer the notice required under 2-4-601, MCA;(b) informs the officer of the suspension, revocation, or sanction imposed by the POST director and the supporting

reasons;(c) initiates the 30-day time period in which an officer may request a hearing and thus initiate a contested case

proceeding under MAPA. (16) "Party" means one side, or its representative, in an informal or contested case proceeding, usually the respondent

and/or POST.

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(17) "POST-approved training" means training reviewed and approved by the director or council for which POST gives training credit, including but not limited to basic, regional, and professional courses.

(18) "POST certified instructor" means a public safety officer, as defined in these rules, who has met the requirements for and received an Instructor Certificate pursuant to these rules, and may apply for and receive approval for POST training credit pursuant to these rules, for trainings the officer conducts.

(19) "Presiding officer" means the chair of the council who holds all the same powers as a hearing examiner for the purpose of contested cases.

(20) "Public safety officer" means an officer, as defined in 44-4-401, MCA. Nothing in these rules may be construed to apply the requirements of 7-32-303(5), (8) or 44-4-403, MCA to an elected official.

(21) "Respondent" means the public safety officer against whom an allegation of misconduct has been made, or the officer's legal representative.

(22) "Revocation" means the permanent cancellation by the director or council of a public safety officer's POST certificate, certification, and certifiability such that the performance of public safety officer duties is no longer permitted.

(23) "Roll call training" means instruction or training of short duration, less than two hours, within any law enforcement and/or any public safety agency, conducted when officers change shifts.

(24) "Sanction" means a consequence or punishment for a violation of ARM 23.13.702, 23.13.203, or the laws or rules of Montana.

(25) "Substance abuse" means the use of illegal drugs, other illegal substances, or legally acquired drugs in a manner that substantially limits the officer's ability to perform the essential duties of a public safety officer, or poses a direct threat to the health or safety of the public or a fellow officer.

(26) "Suspension" means the annulment, for a time period set by the director or council, of a public safety officer's POST certificate, certification, and certifiability, such that the performance of public safety or peace officer duties is not permitted during that period of time.

History: 2-15-2029, 44-4-402, MCA; IMP, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, from 23.13.701, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.

23.13.103 RECORD OF ALL POST COUNCIL MEETINGS

(1) As required by Title 2, chapter 6, MCA, POST will maintain records of all meetings and make those records available for public inspection. The record consists of an audio recording and minutes of the proceedings. The audio recording is the official record of POST meetings.

History: 2-15-2029, MCA; IMP, 2-3-212, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.104 NOTICE TO THE PUBLIC OF POST COUNCIL ACTIONS OF SIGNIFICANT INTEREST TO THE PUBLIC

(1) In accordance with 2-3-102 through 2-3-114, MCA, prior to making a final decision that is of significant interest to the public, POST will afford reasonable opportunity for public participation. Reasonable opportunity for public participation may be afforded by:

(a) any of the agency actions allowed pursuant to 2-3-104, MCA; or(b) a notice of the proposed agency action published in the register in accordance with template 102a

(www.armtemplates.com). POST may grant or deny an opportunity for hearing, except a hearing is required if the proposed action is the adoption of rules in an area of significant interest to the public.

(2) For purposes of (1)(b) only, significant interest to the public is defined at 2-4-102, MCA, as matters an agency knows to be of widespread citizen interest.

(3) Public comment on any public matter within the jurisdiction of POST must be allowed at any public meeting under 2-3-103(1)(b), 2-3-202, and 2-3-203, MCA, defining "public matter" and "meeting" and stating the requirements applicable to opening and closing meetings to the public. The opportunity for public comment must be reflected on the meeting agenda and incorporated into the official minutes of the meeting. For purposes of this rule and 2-3-103(1)(b), MCA, contested case is defined at 2-4-102(4), MCA.

History: 2-4-201, 2-15-2029, MCA; IMP, 2-3-103, 2-3-104, 2-3-203, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.201 MINIMUM STANDARDS FOR THE APPOINTMENT AND CONTINUED EMPLOYMENT OF PUBLIC SAFETY OFFICERS

(1) All public safety officers must be certified by POST and meet the applicable employment, education, and certification standards as prescribed by the Montana Code Annotated.

(2) In addition to standards set forth in the Montana Code Annotated, including but not limited to 44-4-404, MCA, all public safety officers must:



(a) be a citizen of the United States or may be a registered alien if unsworn; (b) be at least 18 years of age; (c) be fingerprinted and a search made of the local, state, and national fingerprint files to disclose any criminal record; (d) not have been convicted of a crime for which they could have been imprisoned in a federal or state penitentiary or a

crime involving unlawful sexual conduct; (e) be of good moral character as determined by a thorough background check;(f) be a high school graduate or have been issued an equivalency certificate by the Superintendent of Public

Instruction, or by an appropriate issuing agency of another state or of the federal government; (g) successfully complete an oral interview and pass a thorough background check conducted by the appointing

authority or its designated representative; (h) be in good standing with any other licensing or certification boards or committees equivalent to POST in any other

state such that no license or certification similar to a POST certification has been revoked or is currently suspended in any other state;

(i) possess a valid driver's license if driving a vehicle will be part of the officer's duties;(j) abide by the code of ethics contained in ARM 23.13.203; and (k) complete, within every two calendar years, 20 hours of documented agency in-service, roll call, field training, or

POST-approved continuing education training credits, which include but are not limited to a professional ethics curriculum covering the following topics and any additional topics required by the council:

(i) a review of the Code of Ethics ARM 23.13.203 and Grounds for Sanction, Suspension, and Revocation ARM 23.13.702;

(ii) review of the annual POST integrity report;(iii) discussion involving core values of each employing agency which may include integrity, honesty, empathy,

sympathy, bravery, justice, hard work, kindness, compassion, and critical thinking skills;(iv) review of agency policy and procedure regarding ethical and moral codes of conduct;(v) discussion of the similarities and differences between agency and POST consequences for actions that violate

policy or rule.(3) The POST Council is not responsible for maintaining records of continuing education hours acquired to satisfy the

requirements of (2)(j) and (2)(k). The employing agency must maintain records of the administration of the oath and the continuing education hours acquired to satisfy (2)(j) and (2)(k). Agency records maintained under this rule are subject to audit by the executive director during normal business hours upon reasonable notice to the agency.

History: 2-15-2029, MCA; IMP, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.

23.13.202 REQUIREMENTS FOR PUBLIC SAFETY OFFICERS HIRED BEFORE THE EFFECTIVE DATE OF THIS REGULATION

This rule has been repealed.

History: 2-15-2029, MCA; IMP, 2-15-2029, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; REP, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.203 CODE OF ETHICS

(1) All public safety officers who have been hired or employed by any agency or entity in Montana, or who have been certified by POST, or who have attended an MLEA basic class must abide by the code of ethics contained herein.

(2) All public safety officers hired or sworn before this rule's effective date are also bound by the code of ethics contained in this rule. Continued employment as a public safety officer in Montana constitutes an agreement to be bound by this code of ethics. Failure to comply with or violation of any part of the code of ethics may be grounds for suspension, sanction, or revocation of any POST certificate.

(3) The public safety officers' code of ethics is: (a) "My fundamental responsibility as a public safety officer is to serve the community, safeguard lives and property,

protect the innocent, keep the peace, and ensure the constitutional rights of all are not abridged; (b) "I will perform all duties impartially, without favor or ill will and without regard to status, sex, race, religion, creed,

political belief or aspiration. I will treat all citizens equally and with courtesy, consideration, and dignity. I will never allow personal feelings, animosities, or friendships to influence my official conduct;

(c) "I will enforce or apply all laws and regulations appropriately, courteously, and responsibly;(d) "I will never employ unnecessary force or violence, and will use only such force in the discharge of my duties as is

objectively reasonable in all circumstances. I will refrain from applying unnecessary infliction of pain or suffering and will never engage in cruel, degrading, or inhuman treatment of any person;

(e) "Whatever I see, hear, or learn, which is of a confidential nature, I will keep in confidence unless the performance of duty or legal provision requires otherwise;



(f) "I will not engage in nor will I condone any acts of corruption, bribery, or criminal activity; and will disclose to the appropriate authorities all such acts. I will refuse to accept any gifts, favors, gratuities, or promises that could be interpreted as favor or cause me to refrain from performing my official duties;

(g) "I will strive to work in unison with all legally authorized agencies and their representatives in the pursuit of justice;(h) "I will be responsible for my professional development and will take reasonable steps to improve my level of

knowledge and competence;(i) "I will at all times ensure that my character and conduct is admirable and will not bring discredit to my community,

my agency, or my chosen profession."

History: 2-15-2029, MCA; IMP, 2-15-2029, 7-32-303, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.

23.13.204 PURPOSE OF CERTIFICATES

(1) Certificates are awarded by the council for the purpose of raising the level of professionalism and skill of public safety officers and to foster cooperation among the council, agencies, groups, organizations, jurisdictions, and individuals.

(2) Basic, intermediate, advanced, supervisory, command, administrative, and other certificates are established for the purpose of promoting ethical behavior, professionalism, education, and experience necessary to perform the duties of a public safety officer.

(3) Certificates remain the property of the council. The council has the power to recall, sanction, suspend, or revoke any or all certificates upon good cause based on a preponderance of the evidence as determined by the council.

History: 2-15-2029, MCA; IMP, 2-15-2029, 7-32-303, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.205 GENERAL REQUIREMENTS FOR CERTIFICATION

(1) To be eligible for the award of a certificate, each officer must be a full-time or part-time public safety officer as defined by 44-4-401, MCA, at the time the application for certification is received by the council.

(2) Public safety officers must complete the required basic training as set by the council.(3) All public safety officers must abide by the code of ethics as prescribed in ARM 23.13.203. Acceptance of POST

certification is an agreement to abide by and adopt the code of ethics and refrain from the behaviors outlined in ARM 23.13.702.

(4) Prior to issuance of any certificate, the public safety officer must have completed the designated combinations of education, training, and experience as computed by the credit hour system established by the council.

(5) To maintain certification the officer must: (a) abide by all laws and rules of Montana, including those set forth herein; (b) maintain ethical conduct by upholding and abiding by the code of ethics set forth in ARM 23.13.203 and refrain from

engaging in any behavior that constitutes a ground for sanction, suspension, or revocation under ARM 23.13.702;(c) maintain the continuing education and training requirements set forth by the council and ARM 23.13.201(2)(k). (6) Training hour guidelines are as follows: (a) no training hours for the basic courses or legal equivalency courses may be applied to any other certificate; and(b) acceptability of training hours claimed for training received from noncriminal justice sponsored agencies will be

determined by the council, and requires notice of application for credit.(7) In calculating the training hours for an intermediate, advanced, or supervisory certificate, no more than 25% of the

required training hours will be allowed from any college or military training credits and no more than 15% will be allowed from in-service training.

(a) The POST Council is not responsible for maintaining records of in-service training hours acquired to satisfy the requirements of this rule. The employing agency must maintain records of in-service training hours acquired to satisfy this rule and provide those records with the application for intermediate or advanced certificates.

(8) In calculating the training hours for an intermediate, advanced, or supervisory certificate, military training will be accepted hour for hour. The application must be accompanied by a written explanation that describes the training and states specifically how the training relates to and assists the public safety officer with the public safety officer's current position, duties and responsibilities, and other supporting documents requested by the director. A description of the training alone is not sufficient.

(9) In calculating the training hours for an intermediate, advanced, or supervisory certificate, college education will be credited for individual class work only. Credit will be given using the formula of ten hours for one semester credit hour and six hours for one quarter credit hour. The application must be accompanied by a written explanation that describes the course and states specifically how the higher education course relates to and assists the public safety officer with the public safety officer's current position, duties and responsibilities, and other supporting documents requested by the director.

(10) Applicable discipline-specific experience in any public safety agency will be considered by the council when determining the minimum standards for certification of each discipline.




23.13.206 REQUIREMENTS FOR THE BASIC CERTIFICATE

(1) POST will issue basic certificates in the following disciplines: (a) peace officer;(b) detention/corrections officer;(c) probation and parole officer;(d) public safety communications officer;(e) coroner; and(f) reserve officer.(2) In addition to ARM 23.13.204 and 23.13.205, the following are required for the award of the basic certificate: (a) Public safety officers hired after August 1, 2008, must have completed:(i) the probationary period prescribed by law or by the current employing agency, but in any case have a minimum of

one year discipline-specific employment experience with the current employing agency; and(ii) the basic course or the equivalency as defined by the council.(b) Public safety officers hired before August 1, 2008, must have: (i) completed the probationary period prescribed by the employing agency, and served a minimum of one year with the

present employing agency; (ii) completed the basic course at the MLEA, or an equivalency as defined by the council; or (iii) satisfied the requirements for the basic certificate by their experience, and satisfactorily performed their duties as

attested to by the head of the agency for which they are employed.(c) Public safety officers with out-of-state training or who have been formerly employed by a designated federal

agency, state, tribal entity, county, municipality, city, or town who do not have basic certification and are employed by a Montana law enforcement and/or public safety agency:

(i) must have completed the probationary period prescribed by law, but in any case have a minimum of one year experience with the present employing agency;

(ii) whose training or service time is determined by the council as equivalent to the basic course must successfully complete an equivalency program, approved by the council and administered by the MLEA. The council will require those who fail an equivalency program to successfully complete the basic course at the academy; and

(iii) whose training or service time is determined by the council as not equivalent to the basic course must, within one year of initial appointment, successfully complete the basic course.

(d) All of the training and equivalency requirements for the basic certificate must be accomplished within one year of the initial appointment.

(e) The council may grant a one-time extension to the one year time requirement for public safety officers upon the written application of the officer's appointing authority. The application must explain the circumstances that make the extension necessary. The council may not grant an extension to exceed 180 days. Factors that the council may consider in granting or denying the extension include but are not limited to:

(i) illness of the public safety officer or a member of the public safety officer's immediate family;(ii) absence of reasonable access to the basic course, or the legal training course; and/or (iii) an unreasonable shortage of personnel within the department. (f) A public safety officer who has been issued a basic certificate by the council and whose last date of employment as

a public safety officer was less than 36 months prior to the date of the person's present appointment as a public safety officer is not required to fulfill the basic educational requirements as set forth in these rules.

(g) If the last date of employment as a public safety officer is more than 36 months but less than 60 months prior to the date of present employment as a public safety officer, the public safety officer may satisfy the basic requirement by successfully passing a basic equivalency course administered by the academy. If the public safety officer fails the basic equivalency course, the basic course shall be completed within the time frames set forth in the rules. If no basic equivalency course exists for the public safety officer's specific discipline, then the applicable basic course must be completed within one year of the public safety officer's most recent appointment.

(3) An officer meeting the qualifications outlined above will be issued a basic POST certificate. POST will consider the completion of the above requirements to constitute the officer's application for a POST basic certificate. However, if an officer wishes to fill out an application form, then POST will also consider that application.


23.13.207 REQUIREMENTS FOR THE PUBLIC SAFETY OFFICER INTERMEDIATE CERTIFICATE

(1) POST will issue intermediate certificates in the following disciplines: (a) peace officer;



(b) detention/corrections officer;(c) probation and parole officer; and(d) public safety communications officer.(2) In addition to ARM 23.13.204 and 23.13.205, the applicant for an award of the public safety officer intermediate

certificate: (a) must have served at least one year with the present employing agency and be satisfactorily performing the duties

as attested to by the head of the employing law enforcement and/or public safety agency;(b) must possess the discipline-specific basic certificate; and (c) must have four years of discipline-specific experience and 200 combined job-related training hours as provided in

these rules.(3) Officers who believe they are eligible for an intermediate certificate must submit a completed application, with

agency administrator approval, to the director. Applications are available from POST staff or on the POST web site. (a) The director will review the application and approve or deny the certification, unless the director determines as a

matter of discretion that the council's review is necessary due to extenuating circumstances. (b) Upon approval by the director, the certificate becomes valid unless the council takes further action.


23.13.208 REQUIREMENTS FOR PUBLIC SAFETY OFFICER ADVANCED CERTIFICATE

(1) POST will issue advanced certificates in the following disciplines: (a) peace officer;(b) detention/corrections officer;(c) probation and parole officer; and(d) public safety communications officer.(2) In addition to ARM 23.13.204 and 23.13.205, the applicant for an award of the advanced certificate: (a) must possess the discipline-specific intermediate certificate; and(b) must have eight years of discipline-specific experience and 400 combined job-related training hours as provided in

these rules.(3) Officers who believe they are eligible for an advanced certificate must submit a completed application, with agency

administrator approval, to the director. Applications are available from POST staff or on the POST web site. (a) The director will review the application and approve or deny the certification, unless the director determines, as a

matter of discretion, that the council's review is necessary due to extenuating circumstances. (b) Upon approval by the director the certificate becomes valid unless the council takes further action.


23.13.209 REQUIREMENTS FOR PUBLIC SAFETY OFFICER SUPERVISORY CERTIFICATE

(1) POST will issue supervisory certificates in the following disciplines: (a) peace officer;(b) detention/corrections officer;(c) probation and parole officer; and(d) public safety communications officer.(2) In addition to ARM 23.13.204 and 23.13.205, the applicant for an award of the supervisory certificate: (a) must possess the discipline-specific intermediate certificate;(b) must have successfully completed a 32-hour POST-approved management course; and(c) must have served satisfactorily as a first-level supervisor currently and for one year prior to the date of application,

as attested to by the head of the employing agency.(3) A first-level supervisor is a position above the operational level for which commensurate pay is authorized, is

occupied by an officer who, in the upward chain of command, principally is responsible for the direct supervision of employees of an agency or is subject to assignment of such responsibilities.

(4) Officers who believe they are eligible for a supervisory certificate must submit a completed application, with agency administrator approval, to the director. Applications are available from POST staff or on the POST web site.

(a) The director will then review the application and approve or deny the certification, unless the director determines, as a matter of discretion, that the council's review is necessary due to extenuating circumstances.

(b) Upon approval by the director the certificate becomes valid unless the council takes further action.




23.13.210 REQUIREMENTS FOR PUBLIC SAFETY OFFICER COMMAND CERTIFICATE

(1) POST will issue command certificates in the following disciplines: (a) peace officer;(b) detention/corrections officer;(c) probation and parole officer; and(d) public safety communications officer.(2) In addition to ARM 23.13.204 and 23.13.205, the applicant for an award of the command certificate: (a) must possess the discipline-specific supervisory certificate;(b) must have completed a professional development course or courses cumulating a minimum of 200 hours or more

of POST-approved, supervisory, management or leadership topic matter; and(c) must have served satisfactorily as a first-level supervisor currently and for one year prior to the date of application,

as attested to by the head of the employing agency.(3) Officers who believe they are eligible for a command certificate must submit a completed application, with agency

administrator approval, to the director. Applications are available from POST staff or on the POST web site. (a) The director will then review the application and approve or deny the certification, unless the director determines, as

a matter of discretion, that the council's review is necessary due to extenuating circumstances. (b) Upon approval by the director the certificate becomes valid unless the council takes further action.


23.13.211 REQUIREMENTS FOR PUBLIC SAFETY OFFICER ADMINISTRATIVE CERTIFICATE

(1) POST will issue administrative certificates in the following disciplines: (a) peace officer;(b) detention/corrections officer;(c) probation and parole officer; and(d) public safety communications officer.(2) In addition to ARM 23.13.204 and 23.13.205, the applicant for an award of the administrative certificate: (a) must possess the discipline-specific advanced and command certificate; and(b) must have served satisfactorily at the administrative or management level of the employing agency currently and for

a period of one year prior to the date of application.(3) The administrative or management level is a senior level administrative position for which commensurate pay is

authorized; occupied by an individual who, in the upward chain of command, is either responsible for administering the agency or has broad administrative authority, or is subject to assignment of such responsibilities; and most commonly is a chief, assistant chief, sheriff, undersheriff, warden, or deputy warden of the agency.

(4) Officers who believe they are eligible for an administrative certificate must submit a completed application, with agency administrator approval, to the director. Applications are available from POST staff or on the POST web site.




23.13.212 INSTRUCTOR CERTIFICATION REQUIREMENTS

(1) Instructor certificates are not discipline-specific and POST may issue an instructor certificate to any public safety officer who meets the qualifications in these rules.

(2) A public safety officer providing POST approved training courses must be certified by the council as an instructor.(3) To qualify as an instructor, the officer shall apply to the council, on a form approved by the council, and shall meet

the following requirements: (a) three years of public safety experience; (b) an active POST basic certificate in the officer's current discipline;(c) an endorsement from the applicant's agency head; and(d) successful completion of a POST-approved instructor development course. Effective October 28, 2017, all

instructor development courses must be a minimum of 40 hours in length and must include a minimum of the following:



(i) 12 hours of curriculum design;(ii) 8 hours of adult learning theories;(iii) 8 hours of foundation skills for trainers;(iv) 8 hours of training preparation and delivery; and(v) 4 hours of context of training.(4) Instructor certificates in any discipline issued prior to October 28, 2017 and any instructor certificate issued after

October 28, 2017, may be renewed every four years.(5) The council or the director may deny applications for instructor certification for failure to satisfy the required

qualifications. The council or the director may recall, suspend, or revoke instructor certificates at any time for good cause to ensure the quality of the training programs.

(6) Officers who believe they are eligible for any instructor certificate must submit a completed application, with agency administrator approval, to the director. Applications are available from POST staff or on the POST web site.



History: 2-15-2029, MCA; IMP, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, from 23.13.401, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.

23.13.213 REQUIREMENTS FOR DESIGNATED INCIDENT COMMAND CERTIFICATION

This rule has been repealed.

History: 2-15-2029, MCA; IMP, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, from 23.13.501, 2014 MAR p. 2951, Eff. 12/12/14; REP, 2017 MAR p. 1953, Eff. 10/28/17.

23.13.214 EMPLOYMENT AND TRAINING OF RESERVE OFFICERS

(1) An agency that appoints a reserve officer pursuant to 7-32-213, MCA, must submit a completed employment status form to the director within ten days of appointing the reserve officer.

(2) The employing agency is responsible for training the reserve officer. The reserve officer must complete training as prescribed in this rule within two years of the reserve officer's initial appointment

(3) Training must, at a minimum, consist of the courses and hours listed in 7-32-214(1), MCA.(4) Upon notice of the reserve officer's qualification, made by the reserve officer's agency head to the director on a

form approved by the council, POST will issue a reserve officer basic certificate to the reserve officer.


23.13.215 FIREARMS PROFICIENCY STANDARDS

(1) Each agency that employs a public safety officer who is authorized to carry firearms during the work assignment must:

(a) require the officer to complete successfully the firearms proficiency requirements provided in this rule at least once a year, for any manufacture and model of firearm customarily carried by that officer;

(b) designate a POST-certified instructor to document annual firearms proficiency. The instructor must have attended a minimum 40-hour firearms instructor course or its equivalent, which includes the following topics:

(i) firearms safety;(ii) role of the instructor;(iii) civil and criminal liability exposure;(iv) instructional techniques for firearms instructors;(v) operation of the firing line;(vi) range preparation;(vii) handgun;(viii) disabled officer techniques; and(ix) low light shooting techniques.(c) keep on file in a format readily accessible to the council a copy of all firearms proficiency records, which must

include:(i) date of qualification;(ii) identification of the officer;(iii) firearm manufacture and model;



(iv) results of qualifying; and(v) course of fire used.(2) The minimum standards for annual firearms proficiency are:(a) Handgun – a minimum of 30 rounds, fired at ranges from point-blank to 15 yards with a minimum of 15 rounds at or

beyond seven yards;(b) Shotgun – minimum of five rounds fired at a distance ranging from point-blank to 25 yards;(c) Precision rifle – a minimum of ten rounds fired at a minimum range of 100 yards;(d) Patrol rifle – a minimum of 20 rounds fired at a distance ranging from point-blank to 50 yards;(e) Fully automatic weapon – a minimum of 30 rounds fired at a distance ranging from point-blank to ten yards, with a

minimum of 25 rounds fired in full automatic (short bursts of two or three rounds), and a minimum of five rounds fired semi-automatic.

(3) The minimum passing score for annual firearms proficiency is 80% for each firearm on an IPSC Official Target or dimensional equivalent.

(4) The MLEA sets the passing score for the Montana Law Enforcement Basic Firearms Qualification.

History: 2-15-2029, MCA; IMP, 7-32-303, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.

23.13.216 PUBLIC SAFETY OFFICER EMPLOYMENT, EDUCATION, AND CERTIFICATION STANDARDS

(1) Except as provided in (2), the standards for employment, education, and certification set forth in 7-32-303(5)(a), (b), and (c), MCA, are applicable to all public safety officers, where an appropriate basic course or basic equivalency course exists in the public safety officer's field.

(2) The standards set forth in (1) do not apply to reserve officers. (3) The notification requirements set forth in 7-32-303(4), MCA apply to all public safety officers.

History: 2-15-2029, MCA; IMP, 7-32-303, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.217 REQUIREMENTS FOR SWAT PRIMARY COURSE CREDIT

(1) To receive POST approval for a SWAT primary course, a course must meet the following requirements:(a) the course must be a minimum of 40 hours in length and be approved pursuant to ARM 23.13.301 and 23.13.304

and must contain a minimum of the following:(i) team communication, team make-up;(ii) confrontation management to include preplanning, immediate action, planning, execution, post execution;(iii) weapons, munitions, and equipment to include live fire, close quarter defense, crisis negotiations, intelligence

gathering/ground reconnaissance, preplanning tactics, walk through, breaching techniques;(iv) team movement and interior tactics to include approach, position, entry, search, static, dynamic, halls, stairs;(v) open air/mobile assault, downed officer citizen rescue, chemical agents/diversionary device/less lethal, practical

exercises, and legal issues.(2) The director will review applications and approve or deny POST credit pursuant to these rules, unless the director

determines, as a matter of discretion, that the council's review is necessary due to extenuating circumstances.(3) Upon approval by the director, the course will be reflected on the attending officers' POST training transcripts

unless the council takes further action.

History: 2-15-2029, MCA; IMP, 44-4-403, MCA; NEW, 2017 MAR p. 1953, Eff. 10/28/17.

23.13.301 QUALIFICATIONS FOR APPROVAL OF PUBLIC SAFETY OFFICER TRAINING COURSES

(1) The director may approve any request for POST training credit or course content accreditation. Any person aggrieved by a determination made by the director under this rule may seek review of the decision by the POST Council.

(2) To obtain the status of POST-approved training, training courses must:(a) meet the requirements for trainee attendance and performance, and the instructor requirements contained in these

rules; (b) be based upon generally recognized best practices;(c) comport with Montana laws and court decisions; (d) be at least two hours or more in length;(e) be advertised and open to all public safety agencies; and(f) contain course content that has been reviewed and approved by the director, either before or after the training

occurs, through the procedures set forth in (3).



(3) To receive POST training credit, a POST-certified instructor seeking course credit for public safety officers must have an active POST certificate that is not suspended or on probation and must submit to the director:

(a) an application for accreditation; (b) an education or training record that indicates the officer has received education or training in the specific field,

subject matter, or academic discipline to be taught;(c) material showing course content, including an agenda, syllabus and/or lesson plan and student handouts; and(d) a copy of the course advertisement.(4) To receive POST training credit, any other person or entity seeking course credit for a public safety officer or

officers must submit to the director:(a) an application for accreditation; (b) an instructor certification or training record and an instructor biography;(c) material showing course content, including an agenda, syllabus and/or lesson plan and student handouts; and(d) a copy of the course advertisement.(5) It is the responsibility of the employing authority or any person or entity wishing to receive POST-approved training

credit to follow the required reporting procedures set forth in these rules and as set by the director and monitor the standards for training, trainee attendance, and performance as set by the council.


23.13.302 REQUIREMENTS FOR TRAINEE ATTENDANCE AND PERFORMANCE IN POST APPROVED COURSES

(1) Trainees enrolled in any POST approved course shall be admitted only in accordance with rules of eligibility and admission as either contained herein or contained in the course announcement.

(2) No trainee may receive credits for a training course if absences exceed 10% of the total hours for the course. (3) Any trainee who fails to comply with these rules pertaining to attendance, performance, and behavior shall be

denied credits.(4) A POST-certified instructor will not receive training credit for any training in which the POST-certified instructor

provides instruction.(5) Failure to comply with the rules contained herein or other guidelines may result in either denial of course approval

or a revocation of course approval.


23.13.304 THE BASIC COURSES

(1) The amount of training for which credit will be granted in any basic public safety officer's course will be prescribed by the council.

(2) Students in any basic public safety officers' course are required to complete instruction in the prescribed subject areas as directed by the council.

(3) The council will review and approve the curriculum for all basic public safety officers' courses. The review may consist of 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.

(4) The council may approve changes from the course content established at the last review upon written application from the MLEA administrator providing evidence that such change is compatible with the public interest.


23.13.401 INSTRUCTOR CERTIFICATION REQUIREMENTS

This rule has been transferred.

History: 2-15-2029, MCA; IMP, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, to 23.13.212, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.501 REQUIREMENTS FOR DESIGNATED INCIDENT COMMAND CERTIFICATION




History: 2-15-2029, MCA; IMP, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, to 23.13.213, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.601 CORONER EDUCATION AND CONTINUED EDUCATION AND EXTENSION OF TIME LIMIT FOR CONTINUED CERTIFICATION

(1) Coroner education shall be conducted by the council as prescribed in 7-4-2905, MCA. (2) New coroners shall complete the 40 hour basic coroner course at the academy or other equivalent course approved

by POST:(a) the basic coroner course must be completed in accordance with 7-4-2905, MCA.(3) Coroners must complete 16 hours of advanced training at least once every two years.(a) The council may extend the two year time limit requirement for the continuation of coroner's certification, set forth in

7-4-2905, MCA, upon the written application of the coroner or the appointing authority of the deputy. The application must explain the circumstances which necessitate the extension;

(b) Factors considered in granting or denying an extension include, but are not limited to: (i) illness of the coroner/deputy coroner or an immediate family member; (ii) absence of reasonable access to the coroner's advanced course; or (iii) an unreasonable shortage of personnel;(c) The council may not grant an extension to exceed 180 days; and(d) The council will not grant extensions after the expiration of the two year time limit.

History: 2-15-2029, MCA; IMP, 2-15-2029, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08.

23.13.701 DEFINITIONS


History: 2-15-2029, 44-4-402, MCA; IMP, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, to 23.13.102, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.702 GROUNDS FOR SANCTION, SUSPENSION, OR REVOCATION OF POST CERTIFICATION

(1) The executive director or the council will consider any legitimate allegation made against any public safety officer that may result in the denial, sanction, revocation, or suspension of that officer's certification.

(2) The grounds for denial, sanction, suspension, or revocation of the certification of public safety officers are as follows:

(a) willful falsification of any information in conjunction with official duties, or any single occurrence or pattern of lying, perpetuating falsehoods, or dishonesty which may tend to undermine public confidence in the officer, the officer's employing authority, or the profession;

(b) a physical or mental condition that substantially limits the officer's ability to perform the essential duties of a public safety officer, or poses a direct threat to the health and safety of the public or fellow officers, and that cannot be eliminated or overcome by reasonable accommodation;

(c) engaging in substance abuse as defined in these rules;(d) unauthorized use of or being under the influence of alcoholic beverages while on duty, or the use of alcoholic

beverages in a manner which tends to discredit the officer, the officer's employing authority, or the profession; (e) conviction of a felony, or an offense which would be a felony if committed in this state; (f) conviction of any offense involving unlawful sexual conduct or unlawful physical violence;(g) neglect of duty or willful violation of orders or policies, procedures, rules, or regulations;(h) willful violation of the code of ethics set forth in ARM 23.13.203; (i) other conduct or a pattern of conduct which tends to significantly undermine public confidence in the profession; (j) failure to meet the minimum standards for appointment or continued employment as a public safety or peace officer

set forth in these rules or Montana law;(k) failure to meet the minimum training requirements or continuing education and training requirements for a public

safety or peace officer required by Montana law and these rules; (l) acts that are reasonably identified or regarded as so improper or inappropriate that by their nature and in their

context are harmful to the employing authority's or officer's reputations, or to the public's confidence in the profession;(m) operating outside or ordering, permitting, or causing another officer to operate outside of the scope of authority for

a public safety or peace officer as defined by 44-4-401, 44-4-404, or 7-32-303, MCA, or any other provision of Montana law regulating the conduct of public safety officers;

(n) the use of excessive or unjustified force in conjunction with official duties; or



(o) the sanction, suspension, or revocation of any license or certification equivalent to a POST certification imposed by a board or committee equivalent to POST in any other state.

(3) It is a defense to an allegation of substance abuse, as defined in these rules, if the officer shows by a preponderance of the evidence that the officer's substance abuse could be eliminated or overcome by reasonable treatment.


23.13.703 PROCEDURE FOR MAKING AND RECEIVING ALLEGATIONS OF OFFICER MISCONDUCT AND FOR INFORMAL RESOLUTION OF THOSE ALLEGATIONS BY THE DIRECTOR

(1) The POST Council will create, maintain, and adopt in public meetings a "flow chart" policy and procedure for processing and responding to allegations. The flow chart policy and procedure will be posted on POST's web site and made publicly available. It will comply with these rules and offer the director further guidance regarding the specific steps that the director and POST staff will take when responding to allegations.

(2) Any allegation made against a public safety officer that states potential grounds for sanction, suspension, or revocation of POST certification must be made initially to the employing authority of the officer in question by the individual making the allegation, unless the employing authority is making the allegation. All allegations must be made in writing unless the director initiates the allegation. Anonymous allegations will not be considered unless the director determines that public safety may be threatened if POST takes no action on an anonymous allegation.

(3) Except as provided in this section, POST will not proceed with an allegation unless the individual making the allegation or POST staff has notified the employing authority of the allegation. This requirement does not apply if the allegation has been made against the highest ranking officer in the agency, who would otherwise constitute the employing authority, and there is some reason to believe that the investigation or public safety would be put in danger by such a notification.

(4) After being notified of the allegation, or in making its own allegation of misconduct, the employing authority must give POST a notice of the employing authority's investigation, action, ruling, finding, or response to the allegation, preferably in writing, which must include a description of any remedial or disciplinary action pending or already taken against the officer regarding the allegation in question. If available, a copy of the initial allegation made to the employing authority and the employing authority's written response must be forwarded to the director.

(5) After the employing authority has been notified and given the opportunity to act, the director or POST staff may accept an allegation.

(a) Any allegation submitted to the council must be submitted to the director or POST staff and may not be submitted to the full council or any individual member of the council.

(b) The allegation must provide at least the following information: (i) the name, address, and telephone number of the individual making the allegation, which the director may keep

confidential if the individual or public safety would be harmed by disclosure; (ii) the name and place of employment of the officer;(iii) a complete description of the incident;(iv) the remedy sought, including a recommendation for a sanction, suspension, or revocation of the officer's POST

certification;(c) A person making an allegation must use the allegation form available from POST staff or submit an allegation in

substantially similar format.(d) An employing authority or the Montana Law Enforcement Academy may submit a written allegation on the agency's

letterhead with supporting documents that the agency deems appropriate.(6) The director may initiate an allegation, based on good cause and reliable information, and must follow the

procedure set forth in this rule as if initiated by any other individual, including but not limited to submitting the complaint to the employing authority.

(7) After an allegation has been received or has been initiated by the director, the director, in consultation with contested case counsel for POST, will correspond with the respondent in writing.

(a) All such correspondence must be copied to the employing authority, unless the exception noted in (3) applies.(b) The flow chart and accompanying policy provided in (1), will outline the number and nature of these letters.(c) The purpose of this correspondence is to allow the officer to respond to the allegation, allow the director and

contested case counsel to gather more information, and allow the parties to reach an informal resolution.(8) After an allegation is made by or filed with the director, the director, contested case counsel for POST, or other

POST staff or designees will investigate the complaint. (9) Following the review and investigation of an allegation, communication with the respondent, communication with

the employing authority, and consultation with counsel for POST, the director may take any appropriate action, including but not limited to the following:

(a) engage in informal negotiations and settlement discussions and enter into a stipulation or memorandum of understanding with the officer or the officer's counsel, or otherwise informally resolve the complaint. An informal resolution reached before the MAPA contested case hearing stage under this subsection is not subject to approval by the council;

(b) accept the voluntary surrender of a certificate;



(c) make one of the following findings:(i) No finding: The investigation cannot proceed for reasons that include but are not limited to: the complainant failed to

disclose promised information to further the investigation; or the complainant wishes to withdraw the complaint; or the complainant is no longer available for clarification. This finding may also be used when the information provided is not sufficient to determine the identity of the officer(s) or employee(s) involved.

(ii) Not sustained: The investigation failed to discover sufficient evidence to prove or disprove the allegations made or the investigation conclusively proved that the act or acts complained of did not occur.

(iii) Sustained: The investigation disclosed a preponderance of evidence to prove the allegation(s) made.(d) issue the appropriate denial, sanction, suspension, or revocation of a certificate; (e) if a denial, sanction, suspension, or revocation is imposed, the director must provide a notice of agency action in

writing to the officer, satisfying the notice required by 2-4-601, MCA;(f) the officer may request contested case proceedings pursuant to 44-4-403, MCA and MAPA, as outlined in ARM

23.13.704.(10) If a review of the conduct of an officer is pending before any court, council, tribunal, or agency, the director may,

as a matter of discretion, stay any proceedings for denial, sanction, suspension, or revocation pending before the council, no matter what stage or process they have reached, until the other investigation or proceeding is concluded. If the case has already been assigned to a hearing examiner, the hearing examiner must grant a stay based on an application by the director or counsel for POST.

(11) In all cases in which a written allegation is submitted which does not culminate in a MAPA contested case hearing, the director must file a written report in the officer's POST file setting forth the circumstances and resolution of the case. All written correspondence with the officer and the officer's employing authority must also be maintained in the officer's POST file.


23.13.704 REQUESTS FOR A FORMAL CONTESTED CASE HEARING UNDER MAPA

(1) Any person aggrieved by a decision of the director or a decision of the council, other than a decision by the director to deny, sanction, suspend, or revoke a certificate, that is not a final decision following a contested case hearing, as provided in 2-4-623, MCA, may request a contested case hearing before the council by following the procedures set forth in Title 2, chapter 4, part 6, MCA.

(2) If the director denies, sanctions, suspends, or revokes an officer's POST certification pursuant to ARM 23.13.703(9) and the officer receives a notice of agency action, then the officer has the right to request a formal contested case proceeding under MAPA, to include a hearing, pursuant to 44-4-403(3), MCA.

(a) The proceedings and hearing can only be initiated by a request from the officer whose certificate was denied, sanctioned, suspended, or revoked, and not by any other person or entity.

(b) To request a hearing, the officer must follow the instructions contained in the "notice of agency action" and notify the appropriate individual or the director that the officer requests a hearing within 30 days of the officer receiving the notice of agency action.

(c) Failure to notify and request a hearing within 30 days of receiving the notice of agency action will constitute a waiver of the right to a hearing.


23.13.705 FORMAL MAPA CONTESTED CASE PROCEEDINGS

(1) A contested case involves a determination by POST that affects the rights or responsibilities of the petitioner or respondent.

(2) Contested case proceedings may be commenced only after the requirements of ARM 23.13.704 have been met and an officer or other aggrieved person has requested a hearing.

(3) Contested case proceedings before the council are subject to MAPA, in addition to, where applicable, the Montana Rules of Civil Procedure, the Montana Uniform District Court Rules, the Montana Rules of Evidence, the Montana Rules of Professional Conduct, the Montana Code of Judicial Conduct, and these rules.

(4) In cases under ARM 23.13.704(2), the respondent's failure to respond, appear, or otherwise defend a notice of agency action of which the respondent has had notice, may result in the hearing examiner finding the officer in default and entering an order against the officer containing findings of fact, conclusions of law, and an opinion in accordance with MAPA, Montana Rules of Civil Procedure, and any other rule of law applicable.

(5) A party may be self-represented, or may, at the party's own expense, be represented by an attorney licensed to practice law in the state of Montana.



(6) In cases under ARM 23.13.704(2), contested case counsel for POST will represent the director during the proceedings.

History: 2-4-201, 2-15-2029, MCA; IMP, 2-4-201, Title 2, ch. 4, pt. 6, 2-15-2029, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.

23.13.706 CONTESTED CASES, EMERGENCY SUSPENSION OF A LICENSE

(1) Pursuant to 2-4-631(3), MCA, if the director or the council determines that public health, safety, or welfare requires emergency action, the director or council may immediately suspend a certification. The order must include findings justifying emergency action, and regular proceedings must be promptly initiated.

History: 2-4-201, 2-15-2029, MCA; IMP, 2-4-631, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.707 ADOPTION OF ATTORNEY GENERAL'S MODEL RULES

(1) The POST Council adopts and incorporates by reference the Attorney General Model Rules ARM 1.3.216, 1.3.226, 1.3.227, 1.3.228, 1.3.229, 1.3.230, and 1.3.232 in effect. The model rules incorporated by reference can be found on the Secretary of State's web site at http://sos.mt.gov/. In applying the model rules, references to "the agency" should be interpreted to refer to "the POST Council."

History: 2-4-201, 2-15-2029, MCA; IMP, 2-4-201, 2-4-202, Title 2, ch. 4, pt. 6, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.709 CONTESTED CASES, DISCOVERY

(1) In all contested cases, discovery is available to the parties in accordance with Rules 26 through 37 of the Montana Rules of Civil Procedure. All references to "court" will be considered references to the hearing examiner or POST Council; all references to subpoena power will be considered references to ARM 1.3.230; all references to "trial" will be considered references to "hearing"; all references to "plaintiff" will be considered references to "a party"; all references to "clerk of court" will be considered references to the hearing examiner.

(2) If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the hearing examiner, the adversely affected party may seek enforcement in district court under 2-4-701, MCA.

(3) If either party seeking discovery believes it has been prejudiced by a protective order issued by the hearing examiner under Rule 26(c), M.R.Civ.P., or, if either party refuses to make discovery, the aggrieved party may petition the district court for review of the hearing examiner's action under 2-4-701, MCA.

(4) Severe failures of discovery may also be sanctioned pursuant to M.R.Civ.P. 37 and the case law interpreting it. Sanctions under this subsection may be enforced by or appealed to district court pursuant to 2-4-701, MCA.

History: 2-4-201, 2-15-2029, MCA; IMP, 2-4-104, 2-4-602, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.710 DECISION AND ORDER, STAYS


History: 2-15-2029, MCA; IMP, 2-15-2029, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, to 23.13.719, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.711 CONTESTED CASES, RECORD

(1) The hearing examiner in the contested case proceeding is responsible for maintaining the official record of the contested case until its conclusion. The record must include:

(a) all pleadings, motions, and rulings;(b) all evidence, either written or oral, received, or considered by the presiding officer;(c) a statement of matters officially noticed;(d) questions and offers of proof, objections, and rulings on objections;(e) proposed findings and exceptions; and(f) any decision, opinion, or report, and any proposed findings of fact, conclusions of law, and proposed order, entered

by the hearing examiner, which must be in writing.(2) The hearing examiner must number the docket and maintain it like the docket of a court of record.



(3) At the request of any party, all or part of the hearing proceedings must be transcribed. The cost of transcription is the responsibility of the requesting party.


23.13.712 APPEALS


History: 2-15-2029, MCA; IMP, 2-4-201, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, to 23.13.721, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.713 CONTESTED CASES – HEARING EXAMINERS

(1) The POST Council chair or the director may appoint a hearing examiner to conduct a hearing in a contested case, as allowed by 2-4-611, MCA.

(2) A hearing examiner appointed under 2-4-611, MCA and this rule may: (a) administer oaths or affirmations;(b) issue subpoenas;(c) provide for the taking of testimony and depositions;(d) set the time and place for hearing;(e) set motion and briefing schedules that comport with the Montana Rules of Civil Procedure and the Montana

Uniform District Court Rules for filing, service, deadlines, and time calculation; (f) by mutual consent of the parties, hold conferences to consider narrowing or simplifying the issues;(g) rule on summary judgment motions, motions in limine, and other motions and, if motions are dispositive, make

recommendations to the POST Council as if a hearing on the merits had occurred;(h) allow, disallow, or limit expert testimony;(i) recommend to the council dismissal of the case based on M.R.Civ.P. 41, default, or other reason;(j) provide for and conduct the MAPA contested case process as a matter of discretion, within the bounds of the

applicable law.(3) If a hearing examiner is appointed in a contested case proceeding, notice must be provided to the public safety

officer or other party with the notice of agency action or immediately after the officer requests a hearing pursuant to 44-4-403, MCA.

(4) Pursuant to 2-4-611(4), MCA, the POST Council may disqualify a hearing examiner if a party shows by affidavit the existence of personal bias, lack of independence, disqualification by law, or other ground for disqualification.

(5) If a hearing examiner recuses himself or herself for good cause, the director or POST Council may appoint a replacement.

(6) For guidance on the POST Council's past actions on cases and penalties imposed, a hearing examiner may inspect POST's integrity report, available on POST's web site or from POST staff, and may examine any POST file not containing privileged, ex parte, or other protected or constitutionally private material.

History: 2-4-201, 2-15-2029, MCA; IMP, 2-4-201, 2-4-202, 2-4-611, 2-4-612, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.

23.13.714 CONTESTED CASE HEARING

(1) The contested case hearing will be conducted before the POST Council or a hearing examiner, at the council's discretion.

(2) The director will set the venue for the hearing.(3) The hearing examiner must ensure that the petitioner or respondent and counsel for POST are afforded the

opportunity to respond and present evidence and argument on all issues involved. (4) All testimony must be given under oath or affirmation.(5) Exhibits must be marked and must identify the party offering the exhibits. The exhibits will be preserved by the

hearing examiner and then by POST as part of the record of the proceedings.(6) The hearing examiner may hear closing arguments, request written argument, order a schedule for parties to

submit a prehearing memorandum, a final prehearing order, proposed findings of fact and conclusions of law, or any other writings that might assist the hearing examiner.

(7) The hearing examiner may grant recesses or continue the hearing.(8) At the contested case hearing under ARM 23.13.704(2):(a) the respondent has the burden of proving by a preponderance of the evidence that there was no basis for the

denial, sanction, suspension, or revocation of certification imposed by the director, as stated in the notice of agency action;



(b) the director will be represented by contested case counsel during the contested case process; and(c) absent a determination by the hearing examiner that the interests of justice require otherwise, the order of hearing

is as follows:(i) opening statements by both parties;(ii) presentation of evidence by the respondent;(iii) cross examination by POST;(iv) presentation of evidence by POST; (v) cross examination by the respondent; and(vi) rebuttal testimony.

History: 2-4-201, 2-15-2029, MCA; IMP, 2-4-201, 2-4-202, 2-4-611, 2-4-612, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.

23.13.715 CONTESTED CASES, EVIDENCE

(1) All evidence introduced in a contested case hearing will be received and evaluated in conformance with common law and statutory rules of evidence, including the Montana Rules of Evidence.

History: 2-4-201, 2-15-2029, MCA; IMP, 2-4-611, 2-4-612, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.716 CONTESTED CASES, EX PARTE COMMUNICATIONS

(1) Pursuant to 2-4-613, MCA, ex parte communication by a party or a party's agent with the hearing examiner, the council, any individual member of the council, or any person authorized to participate in the decision of the contested case, is expressly prohibited unless otherwise authorized by law.

(2) An unauthorized ex parte communication may be treated as a default and may constitute a waiver of the party's rights to proceed.

(3) If an ex parte contact occurs, the person receiving the communication must state on the record the nature and content of the communication and a summary of its contents. The presiding officer or hearing examiner may, in the exercise of discretion, make any order that is appropriate.

History: 2-4-201, 2-15-2029, MCA; IMP, 2-4-201, 2-4-202, 2-4-613, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.719 DECISION AND ORDER, STAYS

(1) After completing a contested case proceeding, the hearing examiner shall, within 30 days of the hearing, issue findings of fact and conclusions of law that would, if adopted by the council, meet the requirements of 2-4-623, MCA.

(2) Within 15 days after the hearing examiner has issued findings, conclusions, and a proposed decision, an adversely affected party may submit exceptions to the hearing examiner's decision. The council shall receive briefs and hear oral arguments at its next meeting and deliberate pursuant to 2-4-621, MCA. The party filing the exceptions must incorporate a supporting brief in the document stating the exceptions. The opposing party may file a brief in response to the exceptions within ten days. No reply brief will be received.

(3) For the period between the submission of the hearing examiner's decision and the hearing before the council, general counsel for the council or another person designated by the council chair will act as a special master for purposes of resolving any issue arising before the council hearing.

(4) After deliberating, the council will decide to adopt, reject, or modify the hearing examiner's findings and recommendation. The council will issue a decision and order pursuant to 2-4-623, MCA, and mail a copy of this decision to respondent or the respondent's legal representative.

(5) If a party has filed exceptions to the decision of the hearing examiner, the contested case is not considered to be submitted for decision under 2-4-623(1), MCA, until oral arguments are concluded before the council.

(6) If a certificate was denied, revoked or suspended by the director before the hearing, the certificate will remain denied, revoked or suspended pending the outcome of the contested case proceeding and the respondent must surrender the certificate(s) to the council and forfeit the position, authority, and powers afforded the officer in this state while the contested case proceeds. However, the hearing examiner, before the contested case hearing, or the special master designated in (3), after the hearing, may, upon a properly supported motion that affords POST adequate opportunity to respond, stay the denial, suspension or revocation for good cause shown.

History: 2-15-2029, MCA; IMP, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, from 23.13.710, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.



23.13.720 CONTESTED CASES, SETTLEMENT OR STIPULATION AND PROCESS FOR REVIEW BY THE POST COUNCIL

(1) If, in the course of the MAPA contested case proceeding, the parties reach a stipulated agreement or settlement, the parties must:

(a) put the agreement into writing, signed by the petitioner or respondent, as applicable, and the director;(b) present the agreement to the POST Council for acceptance or rejection: (i) if the council accepts the agreement by motion, then the agreement becomes the POST Council's final agency

action;(ii) if the council rejects the agreement, then the parties must provide the hearing examiner an excerpt of the official

record of the POST meeting in which the council rejected the agreement. The contested case proceeds as though there had been no agreement.

(2) By signing a stipulation or settlement agreement, all parties:(a) indicate their understanding that all agreements reached during the contested case process are subject to the

POST Council's approval and are not binding until the council has approved the agreement by seconded motion;(b) waive their rights or privileges to raise any argument, objection, complaint, or attempt to disqualify or remove any

POST Council member or hearing examiner based on that individual's having heard, discussed, or ruled on the agreement. By submitting an agreement to the hearing examiner and the council, all parties agree not to attempt to disqualify that hearing examiner or any member of the POST Council who considers the agreement or prevent them from ultimately hearing the case on the merits if the agreement is rejected.

History: 2-4-201, 2-15-2029, MCA; IMP, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.

23.13.721 APPEALS

(1) A party, other than the council, adversely affected by a final POST Council decision rendered after a contested case proceeding, may appeal to the Montana Board of Crime Control pursuant to ARM 23.14.1004 and 44-4-403(3), MCA. The decision of the Montana Board of Crime Control is the final agency decision subject to judicial review pursuant to 2-4-702, MCA.

(2) The council may appeal to the Board of Crime Control under the conditions provided in Title 2, chapter 4, part 6, MCA.

History: 2-15-2029, MCA; IMP, 2-4-201, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, from 23.13.712, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.



Allegation made against an officer.

Director notifies supervising authority if the allegation is not from the supervising authority.

Director receives notice of employing agency's action and if

necessary conducts additional brief, preliminary investigation.

Director presents allegation to Case Status Committee, who

recommends whether there are reasonable grounds to

investigate.

If allegation in any way plausible and reaches the level of POST involvement, a case number is assigned and Letter One (initial

letter) is sent.

Officer responds to allegations.

Letter Two is sent.

(Investigation Letter)

Director decides not to pursue. The officer, complainant and

supervising authority are notified.

Officer does not respond to allegations.

No Response Letter is sent.

If entirely unsubstantiated or the allegation does not rise to the level of POST involvement, Director decides not to pursue. Complainant and supervising

authority notified.

Peace Officer Standard and Training Council

Allegation Procedure Flowchart

Supervising authority receives copy of all Letters (one through four)

After Letter Two, Director/staff/attorney investigate allegation. The case is presented to

the Case Status Committee, who recommends an appropriate offer to

make.

If investigation yields insufficient evidence, Director decides not to

pursue. Notification is sent to officer, complainant, and supervising

authority.

Letter Three

(Offer Letter)

Officer responds with a counteroffer, or the officer does not respond.

Director presents to the Case Status Committee, who makes a

recommendation about whether to accept counteroffer or move forward

to sanction.

Director accepts counteroffer. Director hires a hearing examiner.

Letter Four

(Revocation/Suspension Letter) (Officer's certification is sanctioned)

Officer requests a hearing and a MAPA hearing is held.

A stipulation is reached and the Council acts.

The hearing examiner gives a recommendation to the Council and

the Council Acts.

Officer does not request a hearing, and the sanction imposed in Letter

Four stands.

Officer responds by accepting offer.

After No Response Letter, officer responds.

Letter Two is sent. Flowchart is followed from that point.

After No Response Letter, officer does not respond.

A letter and Notice of POST Actionare sent to the officer, suspending

the officer's certification for 90 days, giving the officer 90 days to request a

hearing, and revoking the officer's certification at the end of 90 days.

Officer requests a hearing. MAPA hearing is held.

Hearing Examiner gives recommendations to the Coucil and

the Council acts.

A stipulation is reached and the Council acts.

Officer does not respond and certification is permanently revoked.

Employment Titles

Sheriff’Sheriff’Sheriff’Sheriff’s Offices Offices Offices Office

Sheriff

Undersheriff

Deputy

Coroner

Deputy Coroner

Reserve

Police DepartmentPolice DepartmentPolice DepartmentPolice Department

Chief

Assistant Chief

Officer

Reserve

PSCPSCPSCPSC

Dispatch Supervisor

Dispatcher

Detention/CorrectionDetention/CorrectionDetention/CorrectionDetention/Correction

Det/Cor Commander

Det/Cor Officer

Officer (Investigator)

P & PP & PP & PP & P

P & P Officer

FWPFWPFWPFWP

Chief

Game Warden

DCI DCI DCI DCI –––– State AgenciesState AgenciesState AgenciesState Agencies

Chief

Officer

MCSMCSMCSMCS

Colonel

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MHPMHPMHPMHP

Colonel

Lieutenant Colonel

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Chief

Assistant Chief

Officer

Juvenile DetentionJuvenile DetentionJuvenile DetentionJuvenile Detention

Juvenile Detention Commander

Juvenile Detention Officer

*Misdemeanor Probation Officer – (Not

legal for private entity)

*Pretrial Officer

JAN 31,2018 Montana POST Council Page: 1

Certification Status Report12:40PM

Certificates entered between 11-15-17 to 2-7-18

I.D.Name Certificate Level Status Date Status Cert # Certified ProbationExpires

Adult Parole & Probation Basic

Benson, Christopher J. 024072 2-01-2018 Certified

Brady, (Anderson), Shellie J. 023367 11-15-2017 Certified 1052 11-15-2017

McConnell, Lacy R. 024191 11-15-2017 Certified 1053 11-15-2017

White, Thad C. 019711 1-08-2018 Decertified 1011 11-05-2015

Employees this Certificate: 4

Adult Parole & Probation Intermedia

Bradley, Justin 022913 2-01-2018 Certified 2-01-2018


Communicator Basic

Alsager-Riddle, Crystal L. 019718 11-15-2017 Certified 800 11-15-2017

Barnaby, Natasha M. 024724 11-15-2017 Certified 801 11-15-2017

Cartwright, Valerie N. 024812 2-01-2018 Certified

Chapel, Michelle L. 024636 11-15-2017 Certified 802 11-15-2017

Davis, Jennifer L. 025057 11-15-2017 Certified 803 11-15-2017

Fowler, Cortney J. 024255 2-01-2018 Certified

Geiger, Tiauna L. 024692 11-15-2017 Certified 804 11-15-2017

Hall, Jaime T. 024745 11-15-2017 Certified 805 11-15-2017

Hendrickson, Angela C. 024825 2-01-2018 Certified

Howard, Kylie L. 024679 11-15-2017 Certified 806 11-15-2017

Larsen-Stevens, Cindy R. 024469 11-15-2017 Certified 807 11-15-2017

Lucchese, William V. 025087 2-01-2018 Certified

Mattinen, Eric C. 024708 11-15-2017 Certified 808 11-15-2017

McDanold, Mandi N. 018358 11-15-2017 Certified 809 11-15-2017

McDonald, Kristine M. 024869 11-15-2017 Certified 810 11-15-2017

McIntyre, Brenna 025018 2-01-2018 Certified

Murray, David W. 024781 2-01-2018 Certified

Ownby, Summer L. 024853 2-01-2018 Certified

Running Crane, Mercedes M. 025021 2-01-2018 Certified

Simmons, Kevin 024058 11-15-2017 Certified 811 11-15-2017

Trombley, Gerald E. 024698 11-15-2017 Certified 812 11-15-2017





Tuss, Danielle L. 024693 11-15-2017 Certified 813 11-15-2017

Watson, Lacey R. 022158 11-15-2017 Certified 814 11-15-2017

Woods, Lori L. 024844 2-01-2018 Certified


Coroner Basic

Wilson, Myron L. 002339 12-18-2017 Decertified 258 5-08-1997


Detention/Correction Administrative

Evans, Gary L. 007808 2-01-2018 Certified 2-01-2018

Richter, Reese A. 008358 11-15-2017 Certified 25 11-15-2017


Detention/Correction Advanced

Todd, John A. 019195 2-01-2018 Certified 2-01-2018


Detention/Correction Basic

Adams, Kyle R. 024031 11-29-2017 Decertified 2255 12-06-2016

Allen, Christopher D. 024686 2-01-2018 Certified

Arca, Shelby M. 025106 11-15-2017 Certified 2383 11-15-2017

Asaro, Anthony R. 024866 2-01-2018 Certified

Ayers, Jeralyn 011031 11-15-2017 Certified 2384 11-15-2017

Bad Bear, Patrick J. 024419 11-15-2017 Certified 2385 11-15-2017

Bergstad, Brad B. 024576 2-01-2018 Certified

Bidart, Randi A. 024731 11-15-2017 Certified 2386 11-15-2017

Birdinground, Isaiah M. 023927 2-01-2018 Certified

Bodily, Mathew G. 024732 11-15-2017 Certified 2387 11-15-2017

Bowman, Sidney 024857 2-01-2018 Certified

Brekke, Jesse 024539 11-15-2017 Certified 2388 11-15-2017

Bridgeford, Bradley J. 024604 2-01-2018 Certified

Brook, Mark J. 024429 2-01-2018 Certified





Buchholtz, Daniel W. 024730 2-01-2018 Certified

Burkhardt, Daniel 024652 2-01-2018 Certified

Burleigh, James R. 023067 2-01-2018 Certified

Carlson, Erik 024752 11-15-2017 Certified 2389 11-15-2017

Ceaser, Tyrell 024795 11-15-2017 Certified 2390 11-15-2017

Christensen, Chad C. 024815 2-01-2018 Certified

Clark, Sarah M. 024572 2-01-2018 Certified

Comstock, Kelly W. 024382 11-15-2017 Certified 2391 11-15-2017

Corner, Christian C. 024027 11-15-2017 Certified 2392 11-15-2017

Diaz, David S. 024699 11-15-2017 Certified 2394 11-15-2017

Dunlap, Amanda D. 024846 2-01-2018 Certified

Eckart, Jason W. 024121 2-01-2018 Certified

Fahrner, Eric J. 024775 11-15-2017 Certified 2395 11-15-2017

Farmer, Charles W. 024695 11-15-2017 Certified 2396 11-15-2017

Flying Horse, Lakota S. 022446 2-01-2018 Certified

Fox III, William 024725 2-01-2018 Certified

Gardipee, Cameron E. 024799 2-01-2018 Certified

Gibbs, Zach M. 024735 11-15-2017 Certified 2397 11-15-2017

Glunt, Marshall 024778 2-01-2018 Certified

Hafez, Ronny D. 024701 11-15-2017 Certified 2398 11-15-2017

Hamilton, Cory J. 023792 2-01-2018 Certified

Hanson, Jordan T. 023871 11-15-2017 Certified 2399 11-15-2017

Hapka, Isaiah N. 024141 2-01-2018 Certified

Harper, Mary 024859 2-01-2018 Certified

Harris, Christopher L. 010097 2-01-2018 Certified

Harrison, Kari 024975 2-01-2018 Certified

Helmer, Jennifer 024234 2-01-2018 Certified

Helstrom, Keith 024714 11-15-2017 Certified 2400 11-15-2017

Hocking, Susan 024653 2-01-2018 Certified

Holland, Anthony S. 024225 2-01-2018 Certified

Hubbs, Colton N. 024728 11-15-2017 Certified 2401 11-15-2017

Hulford, Melissa C. 024756 2-01-2018 Certified

Hurst, Hagen L. 024552 2-01-2018 Certified

Huston, Stacey N. 020708 2-01-2018 Certified





Ives, Matthew 024711 11-15-2017 Certified 2402 11-15-2017

Jerome, Laura K. 023680 2-01-2018 Certified

Jones, John E. 024389 2-01-2018 Certified

Killian, Heather 024860 2-01-2018 Certified

Kime, Thomas 024887 2-01-2018 Certified

Koenig, John T. 015569 1-18-2018 Decertified 1126 5-17-2007

Long, Amber 024678 11-15-2017 Certified 2403 11-15-2017

Love, Ashley J. 024734 11-15-2017 Certified 2404 11-15-2017

Marvin, Andrew J. 024816 2-01-2018 Certified

Massingham (Johnson), Billie L. 024350 11-15-2017 Certified 2405 11-15-2017

Mathews, Colton P. 024571 11-15-2017 Certified 2406 11-15-2017

McComb, David J. 024737 11-15-2017 Certified 2407 11-15-2017

McDonald, Jordan 024649 11-15-2017 Certified 2408 11-15-2017

McDowall, Tory 024707 11-15-2017 Certified 2409 11-15-2017

Miller, Andrew J. 024614 11-15-2017 Certified 2410 11-15-2017

Murphy, Gregg A. 024665 11-15-2017 Certified 2411 11-15-2017

Neiffer, Gabrielle E. 024770 2-01-2018 Certified

Novelli, James J. 024700 11-15-2017 Certified 2412 11-15-2017

O'Hern, Dalton L. 024599 11-15-2017 Certified 2413 11-15-2017

Oland, Janice N. 024639 2-01-2018 Certified

Olson, Levi K. 023646 11-15-2017 Certified 2414 11-15-2017

Patterson, Brett 024677 11-15-2017 Certified 2415 11-15-2017

Perkins, Sherridee 024549 2-01-2018 Certified

Piilola, Jared A. 024106 2-01-2018 Certified 2-01-2018

Plotner, Brodie K. 025312 2-01-2018 Certified

Potts, Rhiannon S. 024621 11-15-2017 Certified 2416 11-15-2017

Prindle, Justin R. 024089 2-01-2018 Certified

Renfro Jr., Charles L. 025321 2-01-2018 Certified

Rhineheart, Marcus A. 024555 2-01-2018 Certified

Ricard, Lyndell M. 024767 2-01-2018 Certified

Rich, David M. 024740 2-01-2018 Certified

Richard, David W. 024105 2-01-2018 Certified

Roe, Ariana 024397 2-01-2018 Certified

Rolerson, Michael A. 024040 11-15-2017 Certified 2417 11-15-2017





Ryan, Kody 024715 11-15-2017 Certified 2418 11-15-2017

Shermikas, Marcy M. 024683 2-01-2018 Certified

Smith, Brian K. 024631 11-15-2017 Certified 2419 11-15-2017

Spoon, Bette J. 024546 2-01-2018 Certified

Stefani, Guy M. 022467 11-15-2017 Certified 2420 11-15-2017

Stone, Sabreena 024794 11-15-2017 Certified 2421 11-15-2017

Stull, George N. 024203 11-15-2017 Certified 2422 11-15-2017

Tibbetts, Justin L. 024769 2-01-2018 Certified

Turner, Levi 024861 2-01-2018 Certified

Turner, Wendi A. 024554 11-15-2017 Certified 2423 11-15-2017

Van Note, Donovan P. 024726 11-15-2017 Certified 2424 11-15-2017

Veneman, Kaleb M. 024709 2-01-2018 Certified

Wilson, Rose M. 024379 11-15-2017 Certified 2425 11-15-2017

Winsky, Mario T. 024680 11-15-2017 Certified 2426 11-15-2017

Wolff, Crystal 024713 2-01-2018 Certified

Young, Jami L. 024660 11-15-2017 Certified 2427 11-15-2017


Detention/Correction Command

Evans, Gary L. 007808 2-01-2018 Certified 2-01-2018

Lechleitner, Eric J. 017308 2-01-2018 Certified 2-01-2018

Richter, Reese A. 008358 11-15-2017 Certified 39 11-15-2017

Thompson, Crystal L. 015118 2-01-2018 Certified 2-01-2018


Detention/Correction Intermediate

Edison, Joshua M. 021337 12-07-2017 Certified 12-07-2017


Detention/Correction Supervisor

Edison, Joshua M. 021337 12-07-2017 Certified 12-07-2017

Kirwan, Kelly J. 021186 2-01-2018 Certified 2-01-2018






Instructor

Adair, Christopher M. 022070 2-01-2018 Certified 2-01-2018 2-01-2022

Baltezar, Beau C. 020921 11-15-2017 Certified 11-15-2017 11-15-2021

Boeckel, Jeremy A. 017956 11-15-2017 Certified 11-15-2017 11-15-2021

Bownes, Aaron 018972 11-15-2017 Certified 11-15-2017 11-15-2021

Campbell, Robert C. 007152 2-01-2018 Certified 2-01-2018 2-01-2022

Cooperider, Wayde A. 000349 11-15-2017 Certified 11-15-2017 11-15-2021

DeNio, Gabrielle 021145 11-15-2017 Certified 11-15-2017 11-15-2021

Dixon, Michael D. 010359 2-01-2018 Certified 2-01-2018 2-01-2022

Edison, Joshua M. 021337 11-15-2017 Certified 11-15-2017 11-15-2021

Edwards, Tyler D. 020157 2-01-2018 Certified 2-01-2018 2-01-2022

Emanuel, Andrew W. 020670 11-15-2017 Certified 11-15-2017 11-15-2021

Estes, Randall 022401 11-15-2017 Certified 11-15-2017 11-15-2021

Kent, Garrett C. 020272 11-15-2017 Certified 11-15-2017 11-15-2021

Kluesner II, Franklin D. 004978 2-01-2018 Certified 2-01-2018 2-01-2022

Kuntz, Dellon D. 000952 11-15-2017 Certified 11-15-2017 11-15-2021

Lachapelle, Mark R. 004399 2-01-2018 Certified 2-01-2018 2-01-2022

Lesofski, Anthony E. 016945 2-01-2018 Certified 2-01-2018 2-01-2022

Lockerby, Bryan E. 001011 11-15-2017 Certified 11-15-2017 11-15-2021

Martyn, Karry L. 015862 11-15-2017 Certified 11-15-2017 11-15-2021

Mendonca, Daniel I. 019996 2-01-2018 Certified 2-01-2018 2-01-2022

Nasset, Roger H. 005537 12-19-2017 Certified 12-19-2017 12-19-2021

O'Connell, Timothy P. 001223 2-01-2018 Certified 2-01-2018 2-01-2022

Pontrelli, James R. 001310 11-15-2017 Certified 11-15-2017 11-15-2021

Rehbein, Amy R. 011167 11-15-2017 Certified 11-15-2017 11-15-2021

Samuelson, Douglas C. 021684 2-01-2018 Certified 2-01-2018 2-01-2022

Scheele, Donald C. 001978 2-01-2018 Certified 2-01-2018 2-01-2022

Schoening, Joshua B. 019688 1-08-2018 Decertified 7-06-2017 7-06-2019

Slater, Benjamin A. 019303 2-01-2018 Certified 2-01-2018 2-01-2022

Sommers, Brian S. 001524 2-01-2018 Certified 2-01-2018 2-01-2022

Spencer, John A. 005901 11-15-2017 Certified 11-15-2017 11-15-2021

Stovall, Jeffrey O. 022856 11-15-2017 Certified 11-15-2017 11-15-2021





Swanson, Ronald F. 005337 2-01-2018 Certified 2-01-2018 2-01-2022

Tanis, Philip 023325 2-01-2018 Certified 2-01-2018 2-01-2022

Taylor, Erin S. 022319 11-15-2017 Certified 11-15-2017 11-15-2021


Peace Officer Administrative

Barkus, Jason A. 018592 2-01-2018 Certified 2-01-2018

Colbert, Brent S. 007472 2-01-2018 Certified 2-01-2018

Cunningham, Kevin J. 005856 11-15-2017 Certified 2618 11-15-2017

Johnson, Richard A. 000861 2-01-2018 Certified 2-01-2018


Peace Officer Advanced

Albright, Christopher B. 010496 11-15-2017 Certified 3202 11-15-2017

Aman, Dell P. 008918 1-17-2018 Decertified 2944 5-08-2014

Anderson, Kent M. 018466 11-15-2017 Certified 3203 11-15-2017

Baker, Daniel A. 017509 11-15-2017 Certified 3204 11-15-2017

Battle, Maxwell G. 020384 12-04-2017 Certified 12-04-2017

Bell, Donald R. 005860 2-01-2018 Certified 2-01-2018

Boxmeyer, Matthew D. 019729 11-15-2017 Certified 3205 11-15-2017

Chappelow, Paul B. 019151 2-01-2018 Certified 2-01-2018

Cook, Kevin J. 019407 11-15-2017 Certified 3206 11-15-2017

Craigen, Garth M. 018809 2-01-2018 Certified 2-01-2018

Erickson, Devin W. 019446 2-01-2018 Certified 2-01-2018

Esper, James B. 007648 11-15-2017 Certified 3207 11-15-2017

Franke, Robert G. 019073 2-01-2018 Certified 2-01-2018

Haider, Daren J. 020386 2-01-2018 Certified 2-01-2018

Holzer, Brandon P. 020424 2-01-2018 Certified 2-01-2018

Icard, Tracy L. 024530 11-15-2017 Certified 3208 11-15-2017


Johnson, Lee K. 003908 2-01-2018 Certified 2-01-2018

Kaiser, Kodi 020443 11-15-2017 Certified 3209 11-15-2017

Kamerer, Michael K. 020404 11-15-2017 Certified 3210 11-15-2017





Kelly, Paul T. 010203 2-01-2018 Certified 2-01-2018

Krings, Michael S. 019506 2-01-2018 Certified 2-01-2018

Lamantia, Paul F. 020199 11-15-2017 Certified 3211 11-15-2017

Lundeen, Nate 015890 2-01-2018 Certified 2-01-2018

Mattix, Nathan J. 017771 2-01-2018 Certified 2-01-2018

Mayland, Dan M. 020075 11-15-2017 Certified 3212 11-15-2017

Miller, Kyle M. 020231 2-01-2018 Certified 2-01-2018

Moran, Scott T. 008550 2-01-2018 Certified 2-01-2018

Obst, Jonathan L. 008204 11-15-2017 Certified 3217 11-15-2017

Puckett, Samantha L. 020385 2-01-2018 Certified 2-01-2018

Raschkow, David R. 020530 2-01-2018 Certified 2-01-2018

Schoening, Joshua B. 019688 1-08-2018 Decertified 3132 10-17-2016

Shoemaker, Clay R. 019510 2-01-2018 Certified 2-01-2018

Skyberg, Paul A. 008542 2-01-2018 Certified 2-01-2018

Snider, Marc E. 020529 2-01-2018 Certified 2-01-2018

Sullivan, Paula M. 017833 11-15-2017 Certified 3213 11-15-2017

Volinkaty, Joshua J. 020405 11-15-2017 Certified 3214 11-15-2017

Webster, Karen L. 018658 2-01-2018 Certified 2-01-2018

Wharton, Michael S. 019285 11-15-2017 Certified 3216 11-15-2017


Wofford, Tod 019985 11-15-2017 Certified 3215 11-15-2017

Yarina, Michael J. 020528 2-01-2018 Certified 2-01-2018


Peace Officer Basic

Allison, Thomas B. 022103 2-01-2018 Certified


Amos, Benjamin H. 020388 12-18-2017 Decertified 4968 5-08-2014

Arlee, Travis L. 024828 11-15-2017 Certified 5740 11-15-2017

Baisch, Miles J. 022789 2-01-2018 Certified

Barker, Chance A. 022847 2-01-2018 Certified 2-01-2018

Bear Medicine, Doyle L. 024354 2-01-2018 Certified

Bicknell, Larry D. 023455 2-01-2018 Certified

Boyer, Thomas J. 024777 2-01-2018 Certified





Brown, Kathy F. 020768 11-15-2017 Certified 5741 11-15-2017

Buckley, Jordan T. 024721 11-15-2017 Certified 5742 11-15-2017

Cook, Hunter 024627 11-15-2017 Certified 5743 11-15-2017

Corbell, Robert R. 021093 11-15-2017 Certified 5744 11-15-2017

Cotton, Rachel M. 024616 11-15-2017 Certified 5745 11-15-2017

Crowe, Nicholas D. 024821 2-01-2018 Certified

Davis, Katie L. 019328 11-15-2017 Certified 5746 11-15-2017

DiGiovanna, Tyler 024840 2-01-2018 Certified

Doyle, Cody A. 024691 11-15-2017 Certified 5747 11-15-2017

Eldridge, Michael J. 024785 2-01-2018 Certified

Elliott, Eric E. 024787 2-01-2018 Certified

Fischer, Timothy G. 024688 11-15-2017 Certified 5748 11-15-2017

Fletcher, James H. 024310 12-19-2017 Certified 12-19-2017

Galahan, Shawn A. 023289 2-01-2018 Certified

Gifford, Sean C. 021052 11-15-2017 Certified 5749 11-15-2017

Gifford, Mackenzie K. 024209 2-01-2018 Certified

Gomke, Justin R. 021343 12-18-2017 Probation 4789 12-20-2012

Gorman, Brian J. 024773 2-01-2018 Certified

Guderian, Cara J. 024600 11-15-2017 Certified 5750 11-15-2017

Hachenberger, Emily G. 023040 11-15-2017 Certified 5751 11-15-2017

Harmon, Elizaveta H. 024198 2-01-2018 Certified

Hayward, Jessica B. 023779 11-15-2017 Certified 5752 11-15-2017

Hicks, Colt L. 024641 11-15-2017 Certified 5753 11-15-2017

Hilde, Brett C. 024260 11-15-2017 Certified 5754 11-15-2017

Hughes, Alex M. 024720 11-15-2017 Certified 5755 11-15-2017

Jessop, Clarence I. 021602 11-15-2017 Certified 5756 11-15-2017

Jodsaas, John D. 024789 2-01-2018 Certified

Johnson, Jared M. 024762 2-01-2018 Certified

Jonas, Josh 024577 11-15-2017 Certified 5757 11-15-2017

Kelsey, Kevin J. 024601 11-15-2017 Certified 5758 11-15-2017

Kester, Justin A. 024744 2-01-2018 Certified

Kitchel, Joseph J. 024833 2-01-2018 Certified

Knaff, Jessica 024839 2-01-2018 Certified

Landers, Jade L. 024675 11-15-2017 Certified 5759 11-15-2017





Liss, Steve 016005 11-15-2017 Certified 5760 11-15-2017

Lopez, Jorge 024800 2-01-2018 Certified

Lopez, Jonathan J. 024705 11-15-2017 Certified 5761 11-15-2017

Malenowsky, Ethan P. 024761 2-01-2018 Certified

McFarland, Andrew L. 022367 2-01-2018 Certified

Monaco, Nicholas 023050 2-01-2018 Certified

Moran, Justin E. 024751 11-15-2017 Certified 5762 11-15-2017

Mulkey, Casey 024296 11-15-2017 Certified 5763 11-15-2017

Mumm, Benjamin J. 024849 2-01-2018 Certified

Munoz, Billy 024834 2-01-2018 Certified

Nelson, Nicole M. 024782 2-01-2018 Certified

O'Meara, Zaine B. 023449 2-01-2018 Certified

Palen, Wade 024838 2-01-2018 Certified

Palmer, Daniel W. 024820 2-01-2018 Certified

Parsons, Terry L. 024722 11-15-2017 Certified 5764 11-15-2017

Pesola, Noah 024842 2-01-2018 Certified

Pesola, Charles B. 024642 11-15-2017 Certified 5765 11-15-2017

Pohle, Robert C. 021078 2-01-2018 Certified

Pokorny, Brooke A. 024827 2-01-2018 Certified

Potton, Rebecca 024772 2-01-2018 Certified

Powell, John A. 016159 1-16-2018 Suspended 4678 1-19-2012

Power, Eric 024836 2-01-2018 Certified

Proper, Christopher R. 024819 2-01-2018 Certified

Reissig, Toby J. 023621 2-01-2018 Certified

Renfro, Charles L. 024674 2-01-2018 Certified

Richards, Michael A. 023029 2-01-2018 Certified

Richardson, Karl S. 024685 11-15-2017 Certified 5766 11-15-2017

Richmond, Monte 024837 2-01-2018 Certified

Rockwell, Kevin 024625 11-15-2017 Certified 5767 11-15-2017

Romero, Jayden 024628 11-15-2017 Certified 5768 11-15-2017

Sanders, Robert E. 024822 2-01-2018 Certified

Sanford, Garett M. 024760 2-01-2018 Certified


Singh, Dakota D. 023306 2-01-2018 Certified





Smith, Jacob T. 024026 11-15-2017 Certified 5769 11-15-2017

Spurgeon, John W. 024916 2-01-2018 Certified

Stinchfield, Robert E. 024742 2-01-2018 Certified

Stroble, Dustin 024624 11-15-2017 Certified 5770 11-15-2017

Sturgill, Christopher J. 024784 2-01-2018 Certified

Sutton, Dylan 024633 11-15-2017 Certified 5771 11-15-2017

Weston III, Seth A. 008819 11-15-2017 Certified 5772 11-15-2017

White, Thad C. 019711 1-08-2018 Decertified 4429 10-19-2009

Whitlatch, Wes 024835 2-01-2018 Certified


Winn, Alec S. 024598 11-15-2017 Certified 5773 11-15-2017

Wolford, Trisha 024619 11-15-2017 Certified 5774 11-15-2017


Peace Officer Command

Barkus, Jason A. 018592 2-01-2018 Certified 2-01-2018

Bjorklund, Sandra A. 004974 2-01-2018 Certified 2-01-2018

Cunningham, Kevin J. 005856 11-15-2017 Certified 2644 11-15-2017



Peace Officer Intermediate

Albright, Christopher B. 010496 11-15-2017 Certified 4997 11-15-2017


Amos, Benjamin H. 020388 12-18-2017 Decertified 3066 5-08-2014

Anderson, Cache 021951 11-15-2017 Certified 4998 11-15-2017

Anderson, Ian M. 022250 11-15-2017 Certified 4999 11-15-2017

Anderson, Jonathan M. 018722 11-15-2017 Certified 5000 11-15-2017

Atkinson, Jr., Michael T. 007170 2-01-2018 Certified 2-01-2018

Baum, Michael J. 023317 11-15-2017 Certified 5001 11-15-2017

Bell, Donald R. 005860 2-01-2018 Certified 2-01-2018

Bishop, Tyler S. 021261 11-15-2017 Certified 5002 11-15-2017

Casey, Brian J. 022571 11-15-2017 Certified 5003 11-15-2017





Craigen, Garth M. 018809 2-01-2018 Certified 2-01-2018

Donahue, Byron C. 021322 2-01-2018 Certified 2-01-2018

Esper, James B. 007648 11-15-2017 Certified 5004 11-15-2017

Harris, Aaron M. 021360 11-15-2017 Certified 5014 11-15-2017

Hyslop, John E. 022534 11-15-2017 Certified 5005 11-15-2017


Johnson, Michael E. 021956 2-01-2018 Certified 2-01-2018


Kamerman, Nathan D. 021249 2-01-2018 Certified 2-01-2018

Liechty, Jason G. 020875 11-15-2017 Certified 5006 11-15-2017

Moore, Clayton T. 022594 11-15-2017 Certified 5007 11-15-2017


O'Dell, Brandon M. 021932 11-15-2017 Certified 5015 11-15-2017

Peters, Codi S. 021334 11-15-2017 Certified 5008 11-15-2017

Reichert, Jeremy L. 019997 11-15-2017 Certified 5009 11-15-2017

Richter, Jeffrey M. 019558 2-01-2018 Certified 2-01-2018

Schnelbach, Eric A. 022174 11-15-2017 Certified 5010 11-15-2017


Stovall, Jeffrey O. 022856 11-15-2017 Certified 5011 11-15-2017

Wallis, Zachary V. 020762 11-15-2017 Certified 5012 11-15-2017

Waltner, Clay R. 020597 2-01-2018 Certified 2-01-2018

Webster, Karen L. 018658 2-01-2018 Certified 2-01-2018

Wharton, Michael S. 019285 11-15-2017 Certified 5013 11-15-2017

Williams, Steven D. 022776 2-07-2018 Certified 2-07-2018



Peace Officer Supervisor

Atkinson, Jr., Michael T. 007170 2-01-2018 Certified 2-01-2018

Baker, Daniel A. 017509 2-01-2018 Certified 2-01-2018

Bartholomew, Ryan C. 019862 2-01-2018 Certified 2-01-2018

Beall, Robert C. 014269 2-01-2018 Certified 2-01-2018

Becker, Bret A. 018448 2-01-2018 Certified 2-01-2018

Broesder, Seth W. 019650 2-01-2018 Certified 2-01-2018





Cassidy, David L. 009912 2-01-2018 Certified 2-01-2018

Chaney, Matthew J. 014403 11-15-2017 Certified 2880 11-15-2017

Gillhouse, Jay J. 020235 11-15-2017 Certified 2881 11-15-2017

Gottula, John A. 018499 2-01-2018 Certified 2-01-2018

Grover, Jason R. 015679 11-15-2017 Certified 2882 11-15-2017



Lennick, Matthew F. 017303 2-01-2018 Certified 2-01-2018

Mahoney, Ben J. 013507 2-01-2018 Certified 2-01-2018


Muri, Troy R. 008150 2-01-2018 Certified 2-01-2018

Obst, Jonathan L. 008204 11-15-2017 Certified 2886 11-15-2017

Schmill, Gordon L. 010594 2-01-2018 Certified 2-01-2018

Shelden, Shane 016065 2-01-2018 Certified 2-01-2018

Smith, Robert A. 017661 11-15-2017 Certified 2883 11-15-2017

Smith, Randy E. 017815 2-01-2018 Certified 2-01-2018

West, Nathan E. 019101 11-15-2017 Certified 2884 11-15-2017

White, Boyd H. 010721 2-01-2018 Certified 2-01-2018


Wooley, Brandon W. 019102 11-15-2017 Certified 2885 11-15-2017


Reserve Basic

Bartell, Ross A. 019553 11-15-2017 Certified 42 11-15-2017

Lake, Kevin C. 014264 2-01-2018 Certified

Mesta, James L. 024592 2-01-2018 Certified

Perry, Michael L. 024175 11-15-2017 Certified 43 11-15-2017

Roselli, Christopher S. 014036 11-15-2017 Certified 44 11-15-2017


Employees this Report: 378Some employees may have more than one Certificate which can inflate the report total.

X

Montana Public Safety Officer Standards and Training Council Perry Johnson – Executive Director

2260 Sierra Road East Phone: (406) 444-9975 Helena, MT 59602 Fax: (406) 444-9978

dojmt.gov/post

January 31, 2018

To: POST Council

From: Perry Johnson Executive Director

Subject: Closure of Cases

This is my written report setting forth the circumstances and resolution of cases. After consultation with legal counse and meeting with the Case Status Committee of the POST Council, the following cases have been closed:

2015: No cases from 2015 were closed

There are 6 open cases from 2015.

2016: One Case from 2016 was closed

16-32 was closed. The officer was alleged to have lied about his whereabouts repeatedlyregarding a single shift. POST issued a Notice of Agency Action, revoking hiscertification.


2017: Eight cases from 2017 were closed

17-12 was closed. The officer was alleged to have falsified logs to indicate sheconducted security checks, which she had not done. POST issued a Notice of AgencyAction, revoking her certification.

17-35 was closed. The officer has been convicted of various crimes committed duringhis work at the Crime Lab which resulted in a number of criminal cases being dismissed.He voluntarily surrendered his certification.

17-33 was closed. The officer was alleged to have had inappropriate contact withinmates including sexual conversations. When an investigation was opened, the officercontacted her subordinates to try to garner information concerning the investigation. Shevoluntarily surrendered her certification.

17-28 was closed. The officer used inappropriate force with an inmate, and later liedabout a hearing he was attending at court. He told his employers he was going to testifyin a custody matter for a relative, but was seen entering a plea to fish and gameviolations. He voluntarily surrendered his certification.

17-19 was closed. The officer had a sexual relationship with a confidential informant.POST issued a Notice of Agency Action, revoking his certification.

17-09 was closed. The officer had inappropriate relationships and conversations withinmates and played favorites. He had a sexual relationship with a parolee who ended upback under his supervision. POST issued a Notice of Agency Action, revoking hiscertification.

17-24 was closed. The officer had a sexual relationship with a volunteer who hesupervised and lied to his employer about the existence of the affair. POST issued aNotice of Agency Action, revoking his certification.

17-25 was closed. The officer used his department-issued computer to viewpornography. POST issued a Notice of Agency Action, revoking his certification.


2018: No cases from 2018 were closed


Perry Johnson, Executive Director Montana POST Council

montana public safety officer standards and training council … · 2018-03-02 · montana public...

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