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Senate hearing on bill to let chiefs use discretion when hiring firefighters with felony records
Summary
Senators heard testimony supporting Senate Bill 362, which would permit municipal fire departments to consider applicants with misdemeanor or felony convictions at the discretion of the fire chief and local hiring processes.
Senator Tony Tezak introduced Senate Bill 362 to the Senate Local Government Committee, asking the panel to allow municipal fire departments discretion to accept applicants with misdemeanor or felony convictions after evaluation.
"At the discretion of the fire chief, an applicant who has been convicted of a misdemeanor or felony may be allowed to qualify as a firefighter," Tezak told the committee, describing the change to current law that he said automatically disqualifies applicants with felony records.
A string of volunteer and career fire officials spoke in support, saying departments face critical recruitment and retention shortfalls and need local flexibility. "Have you ever messed up? Have you ever made a mistake and needed a second chance? I know I have," said BJ Klose, chief of the Dillon Volunteer Fire Department, who urged the panel to grant chiefs discretion while retaining safeguards in local hiring procedures. Klose described existing layers of review in his community, including a hiring committee and city-council or fire-district confirmation.
Russell Harrison of the Grasshopper Volunteer Fire Department and Rod Smith — who identified himself as someone with prior felony convictions who has since worked to rebuild his life — also testified in favor, urging that rehabilitation and demonstrated responsibility be considered.
Daniel Zolnikov, a senator who helped connect sponsors and stakeholders, told the committee the bill retains local control: "The best part about the bill is they have the ability to say yes or no, and that's the discretion."
Proponents emphasized that the bill would not require departments to hire people with felony convictions, only to allow chiefs and local authorities to consider them under departmental policies and local approvals. Several chiefs and volunteer-association representatives asked the committee for a "do pass" recommendation.
No opponents were listed in the hearing record contained in the transcript; no formal committee vote or amendment was recorded in that portion of the session.
Why it matters: In many Montana communities volunteer firefighters provide primary emergency services. Proponents said the measure would expand the pool of qualified volunteers while leaving hiring decisions to local authorities and established procedures.
The hearing closed with sponsor Tezak asking the committee to give the bill "a due pass."
