Wood v. Butorovich, 85-570

• Citation: 220 Mont. 484,716 P.2d 608,43 St.Rep. 546
• Decision Date: 03 April 1986
• Docket Number: No. 85-570,85-570
• Court: Montana Supreme Court
• Parties: Gale WOOD, Plaintiff and Appellant, v. Robert BUTOROVICH, Sheriff of Butte-Silver Bow County, et al., Defendants and Respondents.

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716 P.2d 608 220 Mont. 484 Gale WOOD, Plaintiff and Appellant,
v.
Robert BUTOROVICH, Sheriff of Butte-Silver Bow County, et
al., Defendants and Respondents. No. 85-570. Supreme Court of Montana. Submitted on Briefs Jan. 30, 1986.
Decided April 3, 1986.

[220 Mont. 485] Leonard J. Haxby, Butte, for plaintiff and appellant.

Robert M. McCarthy, Co. Atty., Butte, for defendants and respondents.

HARRISON, Justice.

This is an appeal from the decision of the District Court of the Second Judicial District of the State of Montana, in and for the County of Silver Bow, involving the firing of a policeman. Following a hearing before the Butte-Silver Bow Law Enforcement

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Commission, appellant filed a petition in District Court seeking a review of the commission's order. The District Court, after consideration, affirmed the order of the Law Enforcement Commission. We affirm.

The sole issue on appeal is whether the Butte-Silver Bow Law Enforcement Commission was properly empaneled when, following a hearing pursuant to Sec. 7-32-4155, MCA, it decided to discharge the appellant police officer.

Appellant was a police officer of the Butte-Silver Bow Law Enforcement Department. At the time he was dismissed, he had served just short of twelve years as a police officer. On August 11, 1983, appellant was suspended from duty. Shortly thereafter a complaint was filed against him by the Sheriff of Butte-Silver Bow asking for his dismissal and charging him with several offenses, basically of conduct unbecoming an officer in violation of Sec. 7-32-4155(1)(b), MCA, and of Section 11A of Butte-Silver Bow Ordinance No. 14.

A hearing was held before the Butte-Silver Bow Law Enforcement Commission on September 27, 1983. Members sitting on the commission were R.C. Lemm, chairman; John Lynch, secretary; Rev. Robert A. Craver, member; and F.L. Stradinger, member. On September 28, 1983, all four members of the Butte-Silver Bow Law Enforcement Commission entered findings of fact and conclusions of law, terminating appellant and recommending that the Chief Executive of Butte-Silver Bow carry the termination into effect. On that same date, the Chief Executive permanently terminated appellant in his employment as a police officer.

[220 Mont. 486] The Butte-Silver Bow Law Enforcement Department is controlled by the Metropolitan Police Act. That Act provides for a three-member commission with each member to hold office for three years, one member to be appointed annually. The Butte-Silver Bow Ordinance creating its Law Enforcement Commission is Ordinance No. 12. This Ordinance mandates a Law Enforcement Commission of five members, holding office for three years each, with at least one...