10-1-201. Officers. (1) The governor shall appoint all officers of the militia. (2) Officers must be citizens of the United States. (3) Before a person can be appointed an officer by the governor, the person must be examined and adjudged qualified to be an officer by an examining board. The composition, appointment, and examination procedure of the board […]
10-1-202. Oath of office. (1) Except when a comparable oath is subscribed to under federal law or regulation, every officer shall take and subscribe to the following oath of office: “I, …., do solemnly swear that I will support and defend the constitution of the United States and the constitution of the state of Montana against […]
10-1-203. Retirement of officers. (1) An officer of the national guard must be retired by order of the governor for the following reasons: (a) upon loss of federal recognition; or (b) unfitness for military service because of a physical disability. (2) An officer is retired from the militia with the grade and rank held at the time of retirement. […]
10-1-204. Resignation of officers. An officer may resign, but the resignation is not effective until it has been accepted by the governor. History: En. 77-1704 by Sec. 34, Ch. 94, L. 1974; R.C.M. 1947, 77-1704.
10-1-205. Vacating commissions or warrants. The commission or warrant of an officer must be vacated: (1) upon acceptance by the governor of the resignation of the officer; or (2) by an order of the governor discharging the officer: (a) for failure to maintain the officer’s qualifications for federal recognition; (b) upon the scheduled or actual termination or withdrawal of the […]
10-1-206. Examination as to fitness — board of examination. (1) The governor, when the governor considers it necessary, may order an officer to appear before a board of examination. The board of examination consists of three officers, senior in rank to the officer whose fitness for service is under examination. The board may: (a) inquire into the […]
10-1-207. Repealed. Sec. 1, Ch. 183, L. 2019. History: En. 77-1707 by Sec. 37, Ch. 94, L. 1974; R.C.M. 1947, 77-1707; amd. Sec. 1, Ch. 20, L. 1995.
10-1-208. Officer need not vacate civil office. A person may be an officer in the militia or in a reserve component of the armed forces of the United States without vacating a civil office or position in this state. History: En. 77-1708 by Sec. 38, Ch. 94, L. 1974; R.C.M. 1947, 77-1708.
