[1]
Cross Reference — As to administration, ch. 110.
State Law Reference — Police departments in third class cities generally, §§85.541 et seq., RSMo.
[R.O. 2009 §22-16; Code 1975 §210.010; Ord. No. 2750, 9-10-1997]
The office of City Marshal as an elective office is abolished and a merit system Police Department is adopted by the City Council under and according to the provisions of Section 85.541, RSMo.
[R.O. 2009 §22-17; Code 1975 §210.020; Ord. No. 2203, 8-28-1991; Ord. No. 2750, 9-10-1997]
A. 
The personnel of the Police Department of the City shall consist of the following positions:
1. 
Chief of Police;
2. 
Deputy Chief of Police;
3. 
Sergeant;
4. 
As many other officers of such subordinate ranks as shall be established by ordinances of the City Council;
5. 
As many dispatchers as shall be permitted by resolution of the Council; and
6. 
As many clerical personnel as may be permitted by resolution of the Council.
[R.O. 2009 §22-18; Code 1975 §210.010; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
A. 
Powers And Duties.
1. 
The Chief of Police shall have power at all times to make or order an arrest with proper process for any offense against the laws of the City and keep such offender in the City Jail or other proper place to prevent his/her escape until a trial can be had, unless such offender shall give a good and sufficient bond for his/her appearance for trial.
2. 
The Chief of Police shall also have power to make arrests without process in all cases in which any offense against the laws of the City shall be committed in his/her presence.
3. 
He/she shall collect all fines assessed in the Police Court and pay the same into the City Treasury.
4. 
It shall also be his/her duty to execute all orders and processes arising under the provisions of this Code and other ordinances of the City. He/she shall be conservator of the peace and active and vigilant in the preservation of good order within the City. He/she shall also report and keep the Mayor and City Council advised as to the condition of streets, sidewalks, bridges and culverts and report all violations of sidewalk, street and traffic ordinances and other Code provisions or nuisances maintained with the City.
5. 
The Chief of Police, in the discharge of his/her duty, shall be subject to the orders of the Mayor; he/she shall have power to serve and execute warrants, subpoenas, writs or other processes issued by the Police judge at any place within the County.
6. 
He/she shall perform all such duties in City elections as are required to be performed in State and County elections by the Sheriff and Constable and he/she shall at all times perform all such other duties as the Council may from time to time, by ordinance or resolution, require.
B. 
Badge. The Chief of Police, when on duty, shall carry a metal badge on which shall be inscribed the words "Chief of Police" and "Festus, Missouri".
[R.O. 2009 §22-19; Code 1975 §200.050; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
The Mayor, with the consent of a majority of the elected members of the City Council, shall appoint and promote all personnel in the Police Department solely from the list of eligibles certified by the Police Personnel Board.
[R.O. 2009 §22-20; Code 1975 §200.060; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
The Chief of Police and all other members of the Police Department serving as of June 27, 1973, shall be deemed qualified without examination to serve in the position which they then held. All persons appointed or promoted to a position in the Police Department shall be entitled to hold office during their good behavior and efficient service.
[R.O. 2009 §22-21; Code 1975 §210.030; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
A. 
The Mayor, with the consent of a majority of the elected members of the City Council, shall have the power and authority to appoint special Policemen from a list of eligible candidates certified by the Police Personnel Board in case of extraordinary emergencies, unusual public celebrations, exhibitions or gatherings within the City or when for other causes the public safety may require it.
B. 
Before entering upon their duties, such special Policemen shall take the oath of office prescribed for other members of the department. Special Policemen shall have the same powers and perform the same duties as other members of the department and upon the termination of the emergency or other cause for their appointment, they shall be discharged by the Mayor.
C. 
Special Policemen used solely for temporary periods of time under the provisions of this Section shall not be subject to the merit system provisions of the Police Department.
[R.O. 2009 §22-22; Code 1975 §210.060; Ord. No. 1618, 11-11-1981; Ord. No. 1948 §1, 12-10-1986; Ord. No. 2445 §1, 4-13-1994; Ord. No. 2525 §1, 3-8-1995; Ord. No. 2750, 9-10-1997]
A. 
Any person appointed as a regular member of the Police Department shall be able-bodied and shall possess a class A certification from a P.O.S.T. approved training provider.
B. 
Persons may be given a conditional offer of employment pending completion of the class A license as stated above.
[R.O. 2009 §22-23; Code 1975 §210.070; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
Each member of the Police Department, before entering upon the discharge of their duties, shall take the oath of office prescribed for City elective officers in Section 77.390, RSMo.
[R.O. 2009 §22-24; Code 1975 §210.080; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
Members of the Police Department shall be subject to the orders of their superiors in the Police Department and the Mayor only.
[R.O. 2009 §22-25; Code 1975 §200.070; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
The Chief of Police may demote, suspend or discharge for misbehavior, inefficiency, neglect of duty or other valid cause any member of the Police Department when the good of the department will be promoted thereby. The reason for such demotion, suspension or discharge shall be stated in writing and given to the Police Personnel Board and to the affected member of the department. Any regular member of the department who is demoted, suspended or discharged may appeal to the Police Personnel Board and be granted a public hearing. The Board shall adopt its own rules for the conduct of such public hearings.
[R.O. 2009 §22-26; Ord. No. 2204, 8-28-1991; Ord. No. 2750, 9-10-1997]
A. 
The Mayor, with the consent of the majority of the elected members of the City Council, shall have the power and authority to appoint a Deputy Chief of Police from a list of eligible candidates certified by the Police Personnel Board.
B. 
The Deputy Chief of Police, in the discharge of his/her duties, shall be subject to the orders of the Chief of Police.
[R.O. 2009 §22-27; Ord. No. 2202, 8-14-1991; Ord. No. 2750, 9-10-1997; Ord. No. 4007 §I, 1-11-2012]
A. 
Each employee of the Police Department, who receives an appointment or promotion to a position in the department, must serve a probationary period of one (1) year before the appointment or promotion shall be considered permanent. During the employee's probationary period, the employee's work habits, abilities, attitude, promptness and other characteristics will be observed and evaluated by the supervisor and department head. If the probationary employee fails to meet required standards of performance, such employee is to be dismissed or if he/she is a promoted regular employee, the employee may be restored to the position from which he/she was promoted or to a comparable position. During a probation period, a new employee is not eligible for employee fringe benefits such as sick leave and vacation, but will earn credit for those to be taken at a later date.
B. 
If at any time during the probationary period the department head determines that the service of the employee has been unsatisfactory, the employee may be separated from the position without the right of appeal of a hearing. The department head shall notify the employee in writing at least seven (7) calendar days before the effective date of separation and the reasons for the separation.
C. 
At the end of each employee's probationary period, the department head shall complete a probationary report on the employee. The Chief of Police shall submit this report to the Mayor. The probationary report shall indicate in writing that either:
1. 
The employee has successfully completed the probationary period and is capable of performing the duties of the position satisfactorily and henceforth to be considered a regular employee with all rights and privileges due such employee; or
2. 
The employee has not demonstrated ability to perform satisfactorily the duties of the position and is to be separated from City employment or if promoted from another position, return to the previous position or a similar classification.
D. 
Part-time and temporary employees, as defined in the Personnel Code which may be found on file in the City's offices, are not eligible for employee fringe benefits such as sick leave and vacation and will not receive wages for designated holidays falling during the period of their employment.