[CC 1978 §200.010; Ord. No. 905 §§1—8, 8-16-1976; Bill
No. 2007-19(200.010), 7-16-2007; Ord. No. 200.010 §1, 4-7-2014; Ord. No. 2020-11, 8-3-2020]
A.
Establishment
Of A Merit System Police Department. There is hereby established for
the City of Chaffee, Missouri, a Merit System Police Department as
authorized by Section 85.541, RSMo.
B.
Personnel Board. There is hereby established a Police Personnel Board
to be known as the Police Personnel Board. There shall be five (5)
members of the Police Personnel Board. They shall be appointed by
the Mayor with the consent of the Council. The term of office of each
member of the Police Personnel Board shall be for two (2) years, and
the terms shall be established so that the terms of two (2) members
of the Police Personnel Board shall expire at the first regular Council
meeting in June in even-numbered years and the term of three (3) members
of the Police Personnel Board shall expire at the first regular Council
meeting in June in odd-numbered years.
C.
Police
Personnel Board: Qualifications And Removal. The members of the Police
Personnel Board shall be qualified voters of the City of Chaffee and
may receive compensation from time to time as is set by the City Council.
Any member of the Police Personnel Board may be removed by a two-thirds
(2/3) vote of the entire City Council.
D.
Responsibilities.
1.
The Police Personnel Board shall take applications from and interview
all applicants for appointment or promotion to the Police Department.
The Board shall recommend to the City Council the individual or individuals
to be hired or promoted.
2.
The Police Personnel Board shall be required to give examinations
in whatever form it shall deem as sufficient before appointment or
promotion.
3.
The Police Personnel Board shall be empowered to promulgate rules
and regulations regarding the behavior and duties of the personnel
of the Police Department.
4.
The Police Personnel Board shall be empowered to suspend with pay,
suspend without pay, reprimand, fine or demote any officer or member
of the Police Department.
5.
The Police Personnel Board shall have the power to establish any
training program for any officer or officers or to direct that any
officer or officers be trained or retrained in any area.
6.
The Mayor or other appointing authority shall be required to appoint
or promote from the list of eligible candidates as so certified by
the Police Personnel Board, provided such appointment or promotion
shall be made with the consent and approval of a majority of the members
elected to the City Council of the City of Chaffee, Missouri.
E.
Good
Behavior. All persons appointed or promoted to or within the Police
Department shall be entitled to hold their respective office during
good behavior and efficient service.
F.
Hearing.
Any person suspended, reprimanded, demoted, or discharged for misbehavior
or inefficient service shall be granted a public hearing before the
Police Personnel Board upon application filed within ten (10) days
after the action complained of is taken. Upon conclusion of the public
hearing before the Police Personnel Board as set forth herein, the
Police Personnel Board shall be authorized to affirm, overturn or
modify any such suspension, reprimand, demotion or discharge (except
that the Police Personnel Board shall not be authorized to discharge
any member of the Police Department unless the action complained of
by the member of the Police Department is termination of and discharge
from employment). In the matter of potential discharge of the Chief
of Police, the State of Missouri Statutes shall require the following:
1.
Forfeiture Of Office — Reasons. Any person appointed Chief of Police to any City in this State, except such officers as may be subject to removal by impeachment, who shall fail personally to devote his/her time to the performance of the duties of such office, or who shall be guilty of any willful or fraudulent violation or neglect of any official duty, or who shall knowingly or willfully fail or refuse to do or perform any official act or duty which by law it is his/her duty to do or perform with respect to the execution or enforcement of the criminal laws of the City and State, shall thereby forfeit his/her office, and may be removed therefrom in the manner provided in Subsection (F)(2).
2.
Complaint Against Officer — Duty Of Prosecuting Attorney Of Scott County, Missouri ("PA"). When any person has knowledge that any official mentioned in Subsection (F)(1) has failed, personally, to devote his/her time to the performance of the duties of such office, or has been guilty of any willful, corrupt or fraudulent violations or neglect of any official duty, or has knowledge or willfully failed or refused to perform any official act or duty which by law it was his/her duty to do or perform with respect to the execution or enforcement of the criminal laws of this State, he/she may make his/her affidavit before any person authorized to administer oaths, setting forth the facts constituting such offense, for the use of the PA or deposit it with the PA, furnishing also the names of witnesses who have knowledge of the facts constituting such offense; and it shall be the duty of the PA, if, in his/her opinion, the facts stated in said affidavit justify the prosecution of the official charged, to file a complaint in the Circuit Court as soon as practicable upon such affidavit, setting forth in plain and concise language the charge against such official, or the PA may file such complaint against such official upon his/her official oath and upon his/her own affidavit.
3.
Appointment Of A Special Prosecuting Attorney. Upon the filing of the affidavit as provided in Subsection (F)(2), the Judge of the Municipal Court of said City may appoint a special City Attorney, who shall have the power and authority to file a complaint, as provided in Subsection (F)(2) against said City Attorney.
4.
Action By Attorney General. When an affidavit has been filed with the Clerk of the Circuit Court of any County in this State, as provided in Subsections (F)(2) and (F)(3), the Scott County Circuit Court Presiding Judge may, in his/her discretion, direct the Scott County Prosecuting Attorney to assist in the prosecution against said officer; and in case of the refusal of the prosecuting attorney or special prosecutor, after the filing of the affidavit provided for in Subsections (F)(2) and (F)(3), to file a complaint, the Attorney General shall have authority to file a complaint against the official complained of.
5.
Appointment Of Special Staff. In any proceedings instituted under
the provisions of Subsections (F)(l) to (F)(9), the Missouri Attorney
General, prosecuting attorney or special prosecutor appointed by the
court may file with the Clerk of the Circuit Court an affidavit that
he/she believes the Sheriff of said County is disqualified from summoning
a fair and impartial jury for the trial of said cause, by reason of
the fact that he/she is related to the defendant, or is interested
or prejudiced in his/her favor to such an extent that he/she will
not, in the opinion of said Attorney General, prosecuting attorney
or special prosecutor, summon a fair and impartial jury, and the Judge
may, in his/her discretion, thereupon make an order disqualifying
said Sheriff from summoning the jury in said cause, and appoint an
elisor, who shall have the same power as the Sheriff in the summoning
of the jury, and perform the duties of the Sheriff in the trial of
said cause; provided, that in case the said proceeding shall be against
the Sheriff of any County, the Judge shall make an order disqualifying
him/her, and appoint an elisor for the summoning of the jury and performing
the duties of the office of the Sheriff for the trial of said cause.
6.
Removal Of Officer — Vacancy, How Filled
a.
If any official against whom a proceeding has been filed, as provided
for in Subsections (F)(l) to (F)(9), shall be found guilty of failing
personally to devote his/her time to the performance of the duties
of such office, or of any willful, corrupt or fraudulent violation
or neglect of official duty, or of knowingly or willfully failing
or refusing to do or perform any official act or duty which by law
it is made his/her duty to perform with respect to the execution of
enforcement of the criminal laws of the State, the court shall render
judgment removing him/her from such office, and he/she shall not be
elected or appointment to fill the vacancy thereby created, but the
same shall be filled as provided by law for filling vacancies in other
cases. All actions and proceedings under Subsections (F)(l) to (F)(8)
shall be in the nature of civil actions, and tried as such.
7.
Removal Of Chief Law Enforcement Officer, When.
a.
CHIEF
JUST CAUSE
(a)
(b)
(c)
(d)
(e)
(f)
For the purposes of this Section, the following terms shall mean:
Any non-elected Chief Law Enforcement Officer of any political
subdivision.
Exists when a Chief:
Is unable to perform his/her duties with reasonable competence
or reasonable safety as a result of a mental condition, including
alcohol or substance abuse;
Has committed any act, while engaged in the performance of his/her
duties that constitutes a reckless disregard for the safety of the
public or another Law Enforcement Officer;
Has caused a material fact to be misrepresented for any improper
or unlawful purpose;
Acts in a manner for the sole purpose of furthering his/her
self-interest or in a manner inconsistent with the interests of the
public or the Chief's governing body;
Has been found to have violated any law, Statute, or ordinance
which constitutes a felony; or
Has been deemed insubordinate or found to be in violation of
a written established policy unless such claimed insubordination or
violation of a written established policy was a violation of any Federal
or State law or local ordinance.
b.
A Chief shall be subject to removal from office or employment by
the appointing authority or the governing body of the political subdivision
employing the Chief if:
(1)
The governing body of the political subdivision employing the
Chief issues a written notice to the Chief whose removal is being
sought no fewer than ten (10) business days prior to the meeting at
which his/her removal will be considered:
(2)
The Chief has been given written notice as to the governing
body's intent to remove him/her. Such notice shall include:
(3)
The Chief is given an opportunity to be beard before the governing
body, together with any witnesses, evidence, and counsel of his/her
choosing; and
(4)
The governing body, by two-thirds (2/3) majority vote, finds
just cause for removing the Chief.
c.
Upon which the satisfaction of the removal procedure under Subsection (F)(7)(b), the Chief shall be immediately removed from his/her office, shall be relieved of all duties and responsibilities of said office, and shall be entitled to no further compensations or benefits not already earned, accrued, or agreed upon.
8.
Right Of Appeal. In all prosecutions under Subsections (F)(l) to (F)(9),
the defendant shall, upon conviction, after judgment of removal is
entered, be entitled to an appeal to the Supreme Court of Missouri,
and said cause shall have precedence in such court on such appeal,
and such supreme court shall hear such appeal as soon as possible.
Pending such appeal such officer shall be suspended from office, and
the trial court shall appoint a resident of the City, qualified in
law, who shall act as such special officer pending the appeal; and
if the decision on said appeal in said supreme court shall be in favor
of the defendant, he/she shall be entitled to pay for the time for
which he/she was removed. The person acting as such officer during
such appeal shall be entitled to the same compensation of a duly elected
officer. The costs herein provided for shall be taxed against and
paid by the County in which said proceedings originated. And the fee
of any prosecuting attorney, as provided for in Subsections (F)(l)
to (F)(9), shall be a reasonable one, fixed by the court, and payable
out of the County Treasury.
9.
Payment Of Costs. If, upon the trial of such cause, the defendant
be acquitted, the complainant shall be adjudged to pay all costs,
and upon motion for that purpose, filed before said cause shall be
called for trial, the court may compel him/her to give security for
payment of the same, and in default thereof may dismiss the complaint,
except that in cases where the complaint is filed officially, no security
for costs shall be required, and no costs adjudged against the complainant;
but the same shall be paid by the County in case of acquittal, and
by the defendant in case of conviction.
G.
Appeal. In the event the public hearing as provided for in Subsection (F) is adverse to the member of the Police Department, then that member of the Police Department shall have the right of appeal to the City Council.
H.
Termination.
The City Council shall also have the authority to discharge any of
the personnel of the Police Department upon recommendation of the
Police Personnel Board or upon their own motion.
[CC 1978 §200.090; Ord. No. 201.00, 2-7-1977; Bill No. 2007-20(200.090),
7-16-2007; Ord. No. 2020-11, 8-3-2020]
A.
Establishment.
There is hereby established a Reserve Police Department for the City
of Chaffee, Missouri, which shall consist of such number of organized
volunteer Police Officers as may be enrolled by the Chief of Police
with the consent and approval of the Mayor and the City Council, not
to exceed twelve (12) in number.
B.
Term
Of Office. Each Reserve Police Officer, after enrollment, shall serve
at the pleasure of the City Council.
C.
Supervision
Of Reserve Police Force. The Chief of Police shall have superintending
control over the Reserve Police Department at all times and the members
of the Reserve Police Department shall yield obedience to his/her
orders and matters pertaining to the Police Department provided that
in the absence of the Chief of Police, such subordinate officer as
established by the City Council or rules and regulations of the Police
Department shall be in command.
D.
Authorization
Of Police Personnel Board To Promulgate Rules And Regulations.
1.
The Police Personnel Board shall be empowered to promulgate rules
and regulations regarding the behavior and duties of personnel of
the Reserve Police Department.
2.
The Police Personnel Board shall be empowered to suspend, reprimand,
or demote any Reserve Police Officer at their pleasure.
3.
The Police Personnel Board shall have the power to establish any
training program for the Reserve Police Officer or officers or to
direct that any officer or officers be trained or retrained in any
area.
[Bill No. 02-17(200.100), 7-1-2002; Ord. No. 2020-11, 8-3-2020]
A.
The
City of Chaffee, Missouri, hereby adopts and will enforce a policy
prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent
civil rights demonstrations: The City hereby additionally declares
its policy prohibiting the physical barring of any entrance or exit
to any facility by anyone engaged in a non-violent civil rights demonstration
and will enforce all applicable State laws in this regard.
B.
Any
person found to be violating any provision of this Section shall be
served by the City with written notice stating the nature of the violation.
C.
Any
person violating this Section shall upon conviction be deemed guilty
of an ordinance violation and upon conviction thereof shall be fined
in an amount not exceeding one hundred dollars ($100.00) for each
violation. Each day in which any such violation shall continue shall
be deemed a separate offense.
D.
Any
person violating any of the provisions of this Section shall become
liable to the City for any expense, loss or damage occasioned by the
City by reason of such violation.
