HOUSE BILL NO. 192
INTRODUCED BY J. ANDERSEN
AN ACT PROVIDING THAT CITIES AND TOWNS MAY CONTRACT WITH A POLICE OFFICER TO BE REIMBURSED FOR THE COST OF AN APPOINTED POLICE OFFICER'S TRAINING IF THE OFFICER LEAVES EMPLOYMENT BEFORE FULFILLING A MINIMUM SERVICE REQUIREMENT; AND PROVIDING FOR REASONABLE ATTORNEY FEES AND COSTS TO THE PREVAILING PARTY IN AN ACTION TO ENFORCE ANY PROVISION OF THE CONTRACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Reimbursement of training expenses if minimum service not fulfilled. (1) At the time that a police officer accepts an appointment by a city or town as provided for in 7-32-4107, the city or town may require the officer to enter into a contract for reimbursement subject to the provisions of this section.
(2) The contract may require that the appointing authority be reimbursed for the cost of the officer's basic course training required under 7-32-303(5) if the officer leaves employment as a police officer for the appointing authority before completing at least 36 months of service.
(3) (a) The reimbursement due may be equivalent to the total cost of the officer's training prorated over a 36-month period and reduced proportional to the number of months of completed service.
(b) For the purposes of this section, "total cost" means the cost of the officer's basic course training, salary, mileage, and expenses paid to the officer while the officer is in training.
(4) The contract may require that the officer pay the reimbursement unless the officer's next employer agrees to pay the debt. The reimbursement must be paid according to a payment schedule contained in the contract with the city or town that paid for the officer's training, but must be fully paid within 18 months of the officer's termination of employment unless otherwise agreed to in the contract by the city or town.
(5) The 36-month minimum service requirement begins on the first day of employment.
(6) As used in this section, "leaves employment" means a voluntary resignation.
(7) In an action brought to enforce any provision of a contract entered into under this section, the court may award reasonable attorney fees and costs to the prevailing party.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 7, chapter 32, and the provisions of Title 7, chapter 32, apply to [section 1].
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Latest Version of HB 192 (HB0192.ENR)
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