[Ord. No. 93-06 § 20-1, 6-22-1993]
The City shall have a Merit System Police Department consisting
generally of a Police Personnel Board, Chief Police, Deputy Chief
of Police, and such number of regular and reserve Police Officers
of such rank and grade as the City Council may provide for from time
to time.
[Ord. No. 93-06 § 20-2, 6-22-1993; Ord. No. 2001-66 § 1, 11-13-2001; Ord. No. 2005-44 § 1, 12-13-2005; Ord. No. 2017-35 §§
1 — 2, 11-28-2017]
A.
There is hereby established a Police Personnel Board which shall
consist of six (6) members. Said members are to be residents of the
City, appointed by the Mayor with the approval of the Council. The
term for each member shall be for three (3) years, except initially
two (2) members shall be appointed for one year, two (2) members shall
be appointed for two (2) years, and two (2) members shall be appointed
for three (3) years. Members appointed will serve their terms or until
their successors shall be appointed, subject to resignation or removal
for cause. Vacancies shall be filled by the appointing authority for
the unexpired term of any member whose office becomes vacant. The
members shall not serve more than two (2) complete terms, consecutively,
however they may be reappointed after a one-year absence.
B.
The Board shall annually elect a Chairman and Secretary. They shall
hold office for one year or until their successors are duly elected
and qualified. The Chairman shall be the presiding officer at all
meetings. The Secretary shall keep the minutes of all meetings in
a permanent record book, and shall be the custodian of all forms,
papers, books, records, and completed examinations by the Board.
C.
Four (4) members of the Board shall constitute a quorum for the transaction
of all business at any regular or special meeting.
D.
All members of the Police Personnel Board shall serve without compensation.
[Ord. No. 93-06 § 20-3, 6-22-1993]
The Mayor may, with the consent of a majority of all the members
elected to the City Council, remove any member of the Personnel Board
from office. A member may also be removed by three-fourths (3/4) of
all the members elected to the City Council, independent of the Mayor's
approval or recommendation.
[Ord. No. 93-06 § 20-4, 6-22-1993]
The Police Personnel Board shall organize itself and it shall
have the power and authority, as may be reasonably required and necessary,
to effectively perform the following duties and functions:
1.
Receive and process employment applications. All
employment applications for employment by the Lexington Police Department
as a certified Law Enforcement Officer shall be submitted to the City
Administrator in substantial compliance with the form prescribed by
the Board. Thereafter, the applications shall be presented to the
Police Personnel Board upon request of the Mayor for review and consideration.
All applications of successful applicants shall be retained by the
City Administrator as part of the officer's permanent personnel
file. All applications of unsuccessful applicants may be retained
by the City Administrator, or destroyed after ninety (90) days at
the discretion of the City Administrator.
Ord. No. 2019-37, 8-13-2019
2.
Administrator employment examinations. The Board
shall promulgate and administer examinations as to fitness and qualifications,
for all the certified Law Enforcement Officer positions in the Police
Department. The examinations shall include such written test, oral
examinations/interviews, scores on basic police academy work and other
job related tests as are necessary in the opinion of the Board to
measure the qualifications of applicants to the City Police Department.
From the results of the examinations/interviews, the Police Personnel
Board shall provide a list of eligible persons for employment with
the Police Department to the Mayor. The Mayor shall appoint from the
list of eligible applicants upon the confirmation of a majority vote
cast by the entire City Council.
Ord. No. 2019-37, 8-13-2019
3.
Process recommendations for officer promotion. No
person employed as a certified Law Enforcement Officer shall receive
an increase in rank, compensation or otherwise be promoted within
the Police Department except upon the written recommendation of the
Police Chief submitted to the Police Personnel Board and approved
by the Mayor and a majority of the entire City Council. The Board
shall receive, process and determine all recommendations submitted
by the Chief of Police pertaining to the promotion of individuals
employed by the Lexington Police Department. The Board shall provide
a list of eligibles to the Mayor for promotion within the Police Department.
The Mayor and Council shall act as soon as practicable on all promotion
recommendations referred by the Board.
Ord. No. 2019-37, 8-13-2019
4.
Make compensation recommendations. The Board from
time to time may make recommendations to the Mayor and City Council
regarding the compensation to be paid to the Chief of Police, Deputy
Chief of Police and other persons employed as certified Law Enforcement
Officers in the Lexington Police Department.
Ord. No. 2019-37, 8-13-2019
5.
Promulgate rules and regulations. The Board from
time to time may promulgate rules and regulations governing the conduct
and activities of persons employed as certified Law Enforcement Officers
in the Police Department. The Board is authorized to establish personnel
policies for the Police Department subject to confirmation by the
City Council as otherwise prescribed by ordinance. Any rule or regulation
so promulgated shall be effective when approved and confirmed by resolution
passed by a majority of votes cast by the entire City Council.
Ord. No. 2019-37, 8-13-2019
6.
Meetings. The Mayor and/or Board Chairman are authorized
to call meetings of the Board for any purpose reasonably related to
police business at any time upon actual notice to the members of the
Board. Notice of all meetings shall be posted at least twenty-four
(24) hours in advance, with such meeting being open to the general
public, pursuant to the Missouri Sunshine Law, RSMo. Section 610.010
et seq.
[Ord. No. 93-06 § 20-5, 6-22-1993; Ord. No. 2019-37, 8-13-2019]
The Board shall hear and determine all matters of appeal pertaining
to the demotion, termination and discipline of persons employed as
certified Law Enforcement Officers by the Lexington Police Department
in the form and manner hereafter prescribed.
1.
Any person suspended or otherwise disciplined (discipline greater
than a written reprimand) by the Chief of Police or any person suspended,
demoted, discharged or otherwise disciplined (discipline greater than
a written reprimand) by the Mayor, for misbehavior or inefficiency
in the performance of his/her duties shall, upon application therefore,
be afforded a public hearing before the Police Personnel Board.
2.
The application for public hearing before the Police Personnel Board
shall be in writing and filed by the aggrieved party with the City
Administrator within five (5) days of the disciplinary action complained
of, and shall state with particularity all reasons known to the appellant
to warrant a challenge of the disciplinary action. The appellant is
required to provide to the Board a copy of any written document received
by him/her from the Chief of Police or Mayor pertaining to the imposition
of the disciplinary action challenged in the appeal.
3.
As soon as practicable after application for hearing is filed, and
no later than sixty (60) days from the date the appeal is filed with
the City Administrator, the Board shall convene, hear and determine
the allegations of the appeal at a public hearing. Upon notification
of a hearing date, the Chief of Police or Mayor shall file with the
City Administrator, a written statement setting forth the charges
and specifications supporting the discipline which is being appealed,
a copy of which shall be provided to the accused officer.
The Board shall have the power to summon witnesses to appear
at the hearing as provided by law. The appellant shall then be allowed
to present any evidence in defense or mitigation of the discipline
imposed so far as is relevant and material as determined by the Board.
The Police Department, by the Chief of Police or other authorized
representative will then be afforded an opportunity to present rebuttal
evidence, or otherwise reply. No further evidence will be submitted,
or permitted and considered by the Board.
4.
Any aggrieved party may be assisted by legal counsel at any hearing
before the Board, but the extent of counsel's representation
and/or participation in the proceedings shall be determined by the
Chairman of the Board. The Board may seek and obtain the advice and/or
assistance of the City Attorney in matters related to the conduct
of disciplinary proceedings. A formal record shall be made of the
public disciplinary hearing.
5.
The Board may adjourn after conclusion of the public hearing and
later convene in any private place to discuss, deliberate, determine
and enter its written findings, decision and recommendation as provided
herein. Within ten (10) days of the conclusion of the public hearing
as aforesaid, the City Administrator shall deliver the Board's
written findings and recommendation on the matter to the Mayor for
presentation to the City Council. The Board may recommend that the
disciplinary action previously imposed may be either affirmed or reversed.
To be effective, any reversal recommended by the Board must also be
supported by the concurrence of the Mayor or two-thirds (2/3) vote
of the entire City Council. Thereafter, an appeal may be taken to
the Circuit Court as otherwise provided by law.
[Ord. No. 93-06 § 20-6, 6-22-1993]
A.
Qualifications and Term of Office.
1.
No person shall be appointed Chief of Police who is not at least
twenty-five (25) years of age at the time of the appointment. Prior
to appointment, he/she shall be required to possess substantial experience
in matters of law enforcement training, policy, practice and procedure
with said experience to be determined by the Police Personnel Board
with reference to academic achievement and/or practical knowledge
acquired on the job as a Police Officer, and he/she must have law
enforcement certification according to the laws of the State of Missouri.
2.
Upon appointment, the Chief of Police shall be entitled to hold office
during good behavior and efficient service, and may be reappointed/recommissioned
annually in accordance with the application, selection and appointment
procedures as otherwise provided within the Revised Ordinances of
the City of Lexington.
[Ord. No. 2015-06 § 2, 3-10-2015]
3.
To conform the terms of employment of the Chief of Police of Lexington
with current Missouri law, it is hereby provided that the City is
obligated to comply with the procedures outlined in Section 106.273,
RSMo., imposed by the Missouri legislature.
[Ord. No. 2016-32 § 1, 12-27-2016]
4.
To additionally clarify Section 21-6(A)(2), the Chief need not be
"reappointed or recommissioned" annually absent procedure specifically
provided therefore, and serves, as provided in Section 26-6(A)(1),
of the Code "during good behavior and efficient service."
[Ord. No. 2016-32 § 1, 12-27-2016]
5.
Any inference of the Municipal Code inconsistent herewith notwithstanding, the Municipal Code will be interpreted and applied in a manner consistent with Subsection (2) and (3), above to the end that any doubts are resolved and the City fully complies with the current enactments of superior legislative authority.
[Ord. No. 2016-32 § 1, 12-27-2016]
B.
Oath of Office. Before entering into the duties
of his/her office the Chief of Police shall take and subscribe to
an oath or affirmation before some Court of Record in the County,
the City Clerk or Municipal Judge, that he/she possesses all the qualifications
prescribed for this office by law, and that he/she will support the
Constitution of the United States and of the State of Missouri, the
provisions of all laws of the State affecting cities of Third Class,
and the ordinances of the City and faithfully demean himself/herself
in office, which official oath or affirmation shall be filed with
the City Clerk within fifteen (15) days after the appointment.
C.
Bond Required. The Chief of Police shall be required
to execute to the City a bond in the sum of twenty thousand dollars
($20,000.00) with one good and sufficient surety, conditioned that
he/she will faithfully perform all the duties of the office as required
by the laws of this State governing Third Class cities, and the ordinances
of the City and he/she will promptly pay over all money in his/her
possession belonging to the City at the time and in the manner provided
by law. Said bond shall be approved by the Mayor and filed in the
office of the City Clerk.
D.
Supervisory Powers and Duties. The Chief of Police
shall be the executive authority within the Police Department, and
in the performance of the day to day duties, he/she shall be subject
to the orders of the Mayor only. The Police Chief shall possess all
powers afforded to Police Officers within the Department, and shall
possess such others powers as are reasonably necessary to enable the
Police Chief to perform his/her supervisory duties in a competent
manner as prescribed by law. The Police Chief shall be charged with
the responsibility and duty to afford proper direction, supervision
and control of all Police Officers within the Police Department, including
the Deputy Chief of Police. As directed by the Mayor, he/she shall
be required to attend meetings of the Police Personnel Board, City
Council or other assemblies, and promptly respond to any inquiry of
the Police Personnel Board on any matter reasonably related to the
performance of his/her duties. The Police Chief shall at all times
be cognizant and well-informed of the polices, practices, procedures,
rules and regulations promulgated by the City Council and Police Personnel
Board to govern the conduct, activities and operations of the Police
Department, and he/she shall be charged with the effective implementation
of the same on a daily basis.
E.
Compensation. The compensation of the Chief of Police
will be set by the City Council.
[Ord. No. 93-06 § 20-7, 6-22-1993]
A.
Qualifications and Term of Office. The Deputy Chief
of Police shall possess all of the qualifications required of the
Chief of Police, and upon appointment he/she shall serve in office
during good behavior and efficient service, and be subject to reappointment
in the same form and manner as the Chief of Police.
B.
Supervisory Power and Duties. The Deputy Chief of
Police shall assist the Chief of Police as directed in the administration
of the day to day ministerial and supervisory duties of the office.
He/she shall be subject to the orders of the Mayor and Chief of Police
only. In the event of absence or incapacity of the Chief of Police,
the Deputy Chief of Police shall serve as Chief of Police until such
time as the Chief of Police returns and/or is able to resume his/her
duties. The Deputy Chief of Police shall possess all of the powers
and duties ascribed to the Chief of Police subordinate only to the
Chief of Police in executive authority.
C.
Compensation. The compensation of the Deputy Chief
of Police will be set by the City Council.
[Ord. No. 93-06 § 20-8, 6-22-1993]
A.
Qualifications. All Police Officers of the City
of Lexington must be twenty-one (21) years of age. Each officer must
have law enforcement certification as defined by the laws of the State
of Missouri, and each must meet the physical requirements as prescribed
by the Police Personnel Board.
B.
Powers and Duties. The Police Officers of the City
shall be conservators of the peace and shall have the power to arrest
all offenders against the laws of the State or the ordinances of the
City and to keep such persons confined in the City jail, or other
designated place of detention to prevent their escape until a trial
can be had before an appropriate judicial tribunal in accord with
the procedures prescribed by law for such matters. The Police shall
regularly patrol the City as required by the Mayor and City Council,
and shall be constantly alert, vigilant and active both in the prevention
of law violations as well as the apprehension of violators of the
laws of the State and ordinances of the City of Lexington. Police
Officers shall have the power to make an arrest for any offense against
the laws of the City, State of Missouri, or otherwise provided by
law.
C.
Compensation. The compensation of Police Officers
will be set by the City Council.
D.
Probationary Period. All Police Officers will be
employed and serve on a probationary status for six (6) months next
succeeding the date of their original appointment as a Police Officer
for the City of Lexington. During the probationary period, Police
Officers shall be employed and serve at the will and pleasure of the
City Council. An officer terminated during the probationary period
may not appeal such action to the Police Personnel Board.
[Ord. No. 93-06 § 20-9, 6-22-1993]
A.
Qualifications. All Reserve Police Officers shall
possess all of the qualifications required of regular Police Officers.
B.
Powers and Duties. The Reserve Police Officers shall
possess all of the powers and duties of regular Police Officers and
they shall otherwise serve as dictated by the rules and regulations
promulgated by the Police Personnel Board.
C.
Compensation. The Reserve Police Officers shall
receive no compensation.
[Ord. No. 2017-01 § 1, 1-24-2017]
A.
To the extent and amount annually approved in the City Budget, a
uniform allowance will be provided for full time officers of the Lexington
Police Department.
B.
This allowance may be applied to the purchase of police uniforms
and accessories such as uniforms, uniform belts, holsters, duty shoes,
badges, and rank or grade and police insignia, and a Kevlar or similar
body armor vest, all to be used during periods of active duty with
the Lexington Police Department by the officer for whom the allowance
is provided. Amounts not used annually are forfeited.
C.
Because the allowance is intended primarily to maintain such uniforms
and accessories the following provisions are enacted to permit on
a secondary and conditional basis, reimbursement for acquisition of
a primary duty weapon acquired during the current fiscal year and
actually carried by the officer at the waist while on active duty
at the time he/she seeks reimbursement:
1.
Near the end of the budget year, March 31, annually, an officer seeking
reimbursement for such a weapon may apply at least by March 15, to
the Chief or his/her designee for reimbursement. Applicant will supply
reasonable verification.
2.
The Chief or his/her designee will inspect the condition, fit and
appearance of the uniforms of such an officer before the budget year
closes on March 31, and suggest remedial acquisitions if the uniforms
and accessories are deficient in the sense applied to such inspections
of the appearance of members of the United States military forces.
3.
If no new acquisitions are needed, or if applicant establishes the
needed acquisitions will not consume the unused allowance, the Chief
or his/her designee will approve payment of the unused portion of
the allowance, not to exceed the weapon cost actually expended and
verified.
D.
The Chief may promulgate and post rules and regulations for the implementation
of this Section and to avoid unjust forfeiture.
