[Ord. No. 138 §71.290, 11-5-1984; Ord. No. 1291, 11-21-2022]
A Police Personnel Board is hereby established in the City of Scott City. For the purposes of Article III, the Police Personnel Board shall hereinafter be referred to as "The Board."
[Ord. No. 138 §71.300, 11-5-1984; Ord. No. 522 §1, 9-3-1996; Ord. No. 1291, 11-21-2022]
The Board shall consist of six (6) members who are citizens of the City. All appointments shall be for four (4) year terms. The Mayor, with the consent of the majority of the City Council, shall make appointments and fill vacancies for any unexpired terms. Members of the Board shall serve until their successors shall have been appointed and qualified. The appointments shall be so staggered that the terms of no more than two (2) members shall expire at the same time.
[Ord. No. 138 §71.310, 11-5-1984; Ord. No. 1291, 11-21-2022]
No person shall be appointed to the Board unless they are at least twenty-one (21) years old, are a legal voter of the City and have been a resident of the City for at least two (2) years immediately prior to his or her appointment. He or she shall be a person of good character and reputation and shall not hold any other public office or employment under the City.
[Ord. No. 138 §71.320, 11-5-1984]
Members of the Board shall be required to take the oath of office prescribed for City elective Officers administered by the City Clerk.
[Ord. No. 138 §71.330, 11-5-1984; Ord. No. 302 §3, 4-16-1990; Ord. No. 1291, 11-21-2022]
Each year, in the month of July, the Board may select one (1) of its members to serve as Chairperson and one (1) to serve as Vice-Chairperson and one (1) to serve as Secretary. The Board shall adopt and may amend from time to time rules governing its internal operations, a copy of which shall be on file with the City Clerk. The Chairperson shall be required to vote when it is necessary to break a tie or his vote is needed to make a quorum. If for any reason, a vacancy occurs in the office of Chairperson, Vice-Chairperson or Secretary, between July of each year, the Board shall have the authority to select one (1) of its members to fill the vacancy.
[Ord. No. 138 §71.340, 11-5-1984; Ord. No. 1291, 11-21-2022]
Regular meetings shall be held once a month on a day set by the Chairperson of the Board. Failure to attend three (3) or more consecutive meetings shall be cause for removal from the Board.
[Ord. No. 138 §71.350, 11-5-1984]
A majority of the members of the Board shall constitute a quorum and the action of a majority of the members present at a meeting at which a quorum is present shall be the action of the Board.
[Ord. No. 138 §71.360, 11-5-1984]
The Mayor may with the consent of a majority vote of the City Council, remove any member of the Board from office. A member may also be removed by two-thirds (⅔) vote of the City Council independently of the Mayor's approval or recommendation. A removal from office shall result in a vacancy in such office.
[Ord. No. 138 §71.370, 11-5-1984]
Members of the Board shall serve without compensation.
[Ord. No. 138 §71.380, 11-5-1984; Ord. No. 1291, 11-21-2022]
The Board shall be required to give examinations to candidates for appointment or promotion and to certify lists of eligibles to the Mayor and Chief of Police. The Chief of Police shall make his or her recommendation from the list of eligibles to the Mayor.
[Ord. No. 138 §71.390, 11-5-1984]
A. 
The Board or the Chief of Police at the Board's direction, shall from time to time, conduct open, competitive examinations and promotional examinations as they deem necessary to establish eligibility and promotional registers. The examinations shall be of such character as to determine the relative qualifications, fitness and ability of the persons tested to perform the duties of the class of position for which a register is established. The examination may be divided into various parts and may be written, oral or physical, or it may evaluate training and experience, require a demonstration of skill or it may be any combination of these factors. The examination shall be of such character as to determine the relative qualifications of the persons taking the examination and may take into consideration any relevant factor, including training, experience, aptitude, capacity, knowledge, character, health, physical fitness, marksmanship and other qualifications as, in the judgement of the Board, shall enter into a proper determination of the relative fitness of the applicants. Political or religious opinions or affiliations shall not be considered in determining the qualifications of an applicant, and no question shall be framed to elicit information concerning such opinions or affiliations.
B. 
Same - Notice. The Board shall give public notice of each open, competitive examination and promotional examination sufficiently in advance of same and of a sufficient width in scope to afford persons who are interested in taking the examination a reasonable opportunity to apply. The time between the official announcement of an examination and the holding of the examination shall not be less than fifteen (15) days. Each official notice of an examination shall state the titles, job description and pay of the position in the class for which the examination is to be held, the necessary or desirable qualifications required and the time, place and manner of applying for admission to such examination. The official announcement shall consist of the posting of an official notice thereof in any newspaper published and of general circulation within the City, and the posting of an official notice thereof on a public bulletin board maintained at the office of the Police Department and in the City Hall building. The Board shall also use such other means of publication as, in its judgement, is best suited and reasonably necessary to inform the public that the examination is to be given.
[Ord. No. 138 §71.400, 11-5-1984]
Ratings of each examination shall be completed, and the appropriate registers established, not later than ninety (90) days after the first part of the examination was held, unless such time is extended by the Board for reasons stated in their official records. The methods of rating the various parts of the examinations and the minimum satisfactory grade shall be determined by appropriate regulations. Each person taking the examination shall be notified in writing whether he passed or failed the examination. Each person taking the examination shall in accordance with regulations adopted by the Board, be entitled to inspect his examination papers and ratings, but ratings shall not be open to inspection by the general public. A manifest error in rating and grading of an examination which affects the relative ranking of persons taking the examination shall be corrected, if called to the Board's attention, in writing, by certified mail within thirty (30) days after the establishment of the register, but such correction shall not invalidate any appointment previously made from such register, unless it is established that the error was made in bad faith and with intent to deprive the person adversely affected by certification to the eligibility list.
[Ord. No. 593 §1, 12-15-1997; Ord. No. 1291, 11-21-2022]
If the Board determines that a suitable candidate for a vacated office is available within the department, it may elect not to advertise the vacancy to the public as set forth in Section 200.390(B) of this Chapter. Instead, the Board may examine members of the Police Department suitable for promotion to the vacancy and certify a list of the members of the department, who have passed the examination, to the Mayor. If the Mayor elects not to appoint from the members of the departments certified by the Board, the Board shall thereafter notify the public of the vacancy as set forth in Section 200.390(B) of this Chapter.
[Ord. No. 138 §71.410, 11-5-1984]
The Board shall keep an application and promotional register, in which shall be entered the names and addresses of all applicants, the order and date of all applications for competitive examinations and the positions in the Police Department sought by the applicants. All applications shall be on forms prescribed by the Board.
[Ord. No. 138 §71.420, 11-5-1984; Ord. No. 1291, 11-21-2022]
The Chief of Police or the Board may reject the application of any person for admission to an examination or may strike the name of any person on a register for a position in the Police Department, or withdraw the certification of such person, if it finds that such person lacks any of the required qualifications, is physically unfit to perform effectively the duties of the position to which he or she seeks employment, is addicted to the habitual use of drugs or intoxicating beverages, has been convicted of a crime or guilty of any notorious or disgraceful conduct, has been dismissed from any public service because of delinquency or has made a false statement of fact or attempted to practice any fraud or deception in his or her application, or in his or her examination, or in attempting to secure appointment to the City Police Department.
[Ord. No. 138 §71.430, 11-5-1984]
A. 
The Board shall formulate and adopt all necessary rules and regulations reasonably necessary for the efficient operation of the merit system and for the qualification and appointment of members to the City Police Department. The rules approved by the Board shall then be submitted to the City Council and shall become effective when approved by the Council. The rules shall include provisions for:
1. 
Frequency of competitive examinations
2. 
Standardization and classification of all positions in the Police Department on the basis of duties and responsibilities, so arranged as to promote the filling of the higher grades through promotion as fast as practicable.
3. 
Certification to the Mayor of eligible persons in order of rank, for the purpose of filling vacancies.
4. 
Temporary or emergency appointments, in the absence of an eligibility list.
[Ord. No. 138 §71.440, 11-5-1984]
The Board shall certify a list of all eligible persons for membership in the Police Department to the Mayor, as often as is necessary for the good of the Department and the interest of the public.
[Ord. No. 138 §71.450, 11-5-1984; Ord. No. 1291, 11-21-2022]
Any member of the Board, on behalf of the Board shall have power to administer oaths, subpoena witnesses and compel the production of books and records relevant to any investigation or hearing authorized by this Article. Attendance of witnesses may be compelled by attachment if necessary. Persons who fail to produce books and records subpoenaed by the Board, or who fail to testify without lawful cause, or who testify falsely, shall be deemed guilty of a municipal offense.
[Ord. No. 302 §4, 4-16-1990; Ord. No. 509 §1, 2-5-1996; Ord. No. 1275, 6-6-2022; Ord. No. 1279, 7-5-2022; Ord. No. 1291, 11-21-2022]
A. 
Any member of the City Police Department who is suspended without pay, demoted, terminated, transferred, or placed on a status resulting in economic loss may appeal to the Board by service of written notice to the Chief setting forth the reasons for claiming the suspension, demotion, termination, transfer, or change in status was not for good cause or for the good of the department. The appellant shall state in the appeal his or her request for a public or private hearing. If not stated, the hearing shall be closed.
B. 
Upon such action the Board shall set a time and date and shall hear the appeal in the City Council chambers within fourteen (14) days of receipt of a request unless the time shall be extended for good cause. The Board shall notify by registered mail or personal service, the date, time and place of hearing to the appellant at least ten (10) days prior to the hearing.
C. 
Whether public or private, the appellant, Chief of Police, Mayor, City Administrator and City Council shall have the right to be present during the hearing and to be heard in person if they so desire. The appellant shall have the right to be represented by counsel and to present evidence. The hearing shall be conducted in compliance with Section 590.502, RSMo. Technical rules of evidence shall not apply at such hearings. Notice of a closed hearing shall be posted twenty-four (24) hours in advance.
D. 
Any decision, order, or action taken following the hearing shall be in writing and shall be accompanied by findings of fact. The findings shall consist of a concise statement upon each issue in the case. A copy of the decision or order accompanying findings and conclusions along with the written action and right of appeal, if any, shall be delivered or mailed promptly to the Law Enforcement Officer or to the officer's attorney or representative of record. A copy of the Board's findings shall be placed in the appellant's personnel file.
E. 
In the event the action appealed from is overturned, the appellant shall be reinstated to his or her former position with his or her lost pay. In the event the action appealed from is modified, the Board may enter such order lessening the severity of the action as in its judgement is just and proper.
[Ord. No. 138 §71.470, 11-5-1984; Ord. No. 1291, 11-21-2022]
A. 
All complaints against members of the Scott City Police Department will be referred immediately to the Chief of Police by the receiving party.
B. 
Any person, including members of the Police Department, filing a complaint against a Law Enforcement Officer shall have the complaint supported by a written statement outlining the complaint that includes the personal identifying information of the person filing the complaint. All personal identifying information shall be held confidential by the Chief and the investigators.
C. 
The Chief will investigate the complaint in compliance with Section 590.502, RSMo., and make a determination of appropriate action. If the investigation results in disciplinary action, demotion, dismissal, transfer, or placement on a status that could lead to economic loss, the officer may appeal the decision to the Board per Section 200.460.
D. 
If the complaint is against the Chief of Police, it shall be immediately reported to the Mayor who shall direct the investigation in compliance with Section 106.273, RSMo.
[Ord. No. 138 §71.480, 11-5-1984; Ord. No. 1291, 11-21-2022]
The Board may recommend improvements within the Police Department to the Mayor and City Council and shall aid the Chief of Police and City Administrator in the preparation of the Police Department budget.
[Ord. No. 138 §71.490, 11-5-1984]
The Mayor shall, with the advice and consent of a majority of the City Council, appoint the Chief of Police from a list of eligibles certified to the Mayor by the Board.
[Ord. No. 138 §71.500, 11-5-1984; Ord. No. 1275, 6-6-2022Ord. No. 1291, 11-21-2022]
The Board shall present a list of certified eligibles for each opening in the Police Department to the Mayor, Chief of Police, and City Administrator. The Mayor, the Chief of Police and the City Administrator shall review the list of eligibles and make a recommendation to the City Council for their approval.
[Ord. No. 138 §71.510, 11-5-1984; Ord. No. 1275, 6-6-2022; Ord. No. 1291, 11-21-2022]
After their initial appointment to the Police Department, all officers shall serve a six (6) month probationary period. This probationary period shall be utilized for closely observing the officer's work and for rejecting any officer whose performance does not meet the required work standards. A review of the officer's work shall be made before expiration of the probationary period by their supervisor who shall certify to the City Council that they are fit for permanent employment or recommend they be rejected. If the officer is rejected, they shall have no rights of appeal.
Exception: If there is reason to believe that the probationary officer may develop the ability to perform satisfactorily by the extension of the probationary period, their supervisor may recommend an extension not to exceed sixty (60) days.
[Ord. No. 138 §71.520, 11-5-1984; Ord. No. 468 §1, 4-3-1995; Ord. No. 557 §1, 5-5-1997; Ord. No. 660 §1, 6-19-2000; Ord. No. 717 §2, 3-17-2003; Ord. No. 892 §1, 3-1-2010]
A. 
Promotion of Police Officers to a higher classification may be made at any regular Council meeting upon recommendation to the Mayor by the Police Personnel Board and a majority vote of the City Council, subject to the following requirements:
1. 
The normal initial employment designation shall be Patrol Officer.
[Ord. No. 1291, 11-21-2022]
2. 
No Officer shall be promoted to Sergeant unless he or she has successfully completed two (2) years of consecutive service within the Scott City Police Department or has previous experience with another department of equal size or larger. Promotions from within the department are preferred, however, lateral transfers may be considered if the applicant possesses the years of experience and qualifications. Officers considered for promotion will have demonstrated exceptional competence and performance in job dimensions of Police patrol, response to call(s) for assistance, arrest and detention procedures, search and seizure, traffic control and investigation, public relations, community policing, investigation, court activities and administrative duties, is recommended by the Police Chief, and has passed all physical and mental examinations as may be promulgated by the Police Personnel Board to qualify for such promotion.
3. 
No Patrol Officer shall be promoted to Lieutenant without first achieving the rank of Sergeant within the department. Lateral transfers may be considered if the applicant previously achieved the rank of Sergeant.
[Ord. No. 1291, 11-21-2022]
4. 
No officer shall be promoted to Corporal unless said person has successfully completed one (1) year of service within the Scott City Police Department or has one (1) year of previous experience with another department of equal size or larger. Promotions within the Department are preferred; however, lateral transfers may be considered if the applicant possesses the years of experience and qualifications. Officers considered for promotion must have demonstrated satisfactory performance in Police patrol, traffic control and investigation, community policing, public relations and court activities, as recommended by the Chief of Police, and must have passed all mental and physical examinations as may be promulgated by the Police Personnel Board to qualify for such promotions.
[Ord. No. 1003 §2, 8-25-2014]