City of St. Ann, MO Article III Board of Police Commissioners

Section 120.140 Established.

[R.O. 1998 § 120.140; CC 1988 §2-106; Ord. No. 250 §1, 4-8-1957]

The Board of Police Commissioners of the City is hereby created and established.

Section 120.150 Membership — Qualifications, Terms, Compensation.

[R.O. 1998 § 120.150; CC 1988 §2-107; Ord. No. 250 §2, 4-8-1957; Ord. No. 1824 §1, 7-6-1995; Ord. No. 2848[1] §1, 7-1-2013; Ord. No. 3070, 11-6-2017]

A. The Board of Police Commissioner shall consist of twelve (12) members, all of whom shall be residents of the City and who shall have been residents of the City for one (1) whole year next preceding their appointment. All twelve (12) Commissioners shall be selected at large.

[Ord. No. 3240, 8-2-2021]

B. No person shall serve as a member of the Board of Police Commissioners who shall not have obtained the age of twenty-one (21) years prior to the date of his/her appointment. No person shall serve on such Board if he/she is in arrears on any taxes owed to the City, or is not qualified to vote in the City municipal elections, or has been or is ever convicted of a felony.

C. All appointments shall be for a period of two (2) years, and any member of the Board shall be eligible for reappointment.

D. The term of the Chairman, who shall be appointed by the Mayor of the City, shall be for a period of one (1) year, and he/she shall be eligible for reappointment; provided, however, that should he/she for any reason cease to be a resident of the City during his/her term as Chairman of the Board of Police Commissioners he/she shall cease to hold such office, and the balance of the term for which he/she has been appointed shall be served by a duly appointed member of the Board of Police Commissioners.

[1] Editor’s Note: This ordinance also provided that members appointed after June 4, 2013, will serve without pay.

Section 120.160 Appointment — Removal.

[R.O. 1998 § 120.160; CC 1988 §2-108; Ord. No. 250 §8, 4-8-1957]

A. All appointments to the Board of Police Commissioners shall be made by the Mayor with the approval of the majority of the Board of Aldermen.

B. Members may be removed in the same manner and form prescribed by Statutes for the removal of other appointed officers in Cities of the same class.

Section 120.170 Powers And Duties.

[R.O. 1998 § 120.170; CC 1988 §2-109; Ord. No. 250 §4, 4-8-1957; Ord. No. 359 §1, 11-20-1961; Ord. No. 2020 §3, 5-4-1998]

A. The Board members shall not have the power, nor shall they assert the power, to exercise direct supervision over any member of the Police Department and the performance of his/her police duties, but shall contact the Marshal in all matters requiring supervision or the giving of orders.

B. The Board shall have the power as a body to investigate any allegations or complaint regarding any action or actions of any Police Officers of the City, and shall promptly report the results of that investigation, after a hearing, to the Mayor and Marshal of the City in writing. The report shall set forth the action complained of, the results of the investigation conducted, together with the Board's recommendation as to what action should be taken by the Board of Aldermen and the Marshal, and shall state the vote of the Board upon the action recommended.

C. The Board of Police Commissioners shall not usurp or exercise any of the powers of the Marshal over the members of the Police Department directly, but shall meet with the Marshal as a body, and advise him/her of any matter it believes requires attention or remedy. Disagreements or differences of opinion between the Board of Police Commissioners and the Marshal shall be referred to the Mayor and the Board of Aldermen for determination.

D. The Board of Police Commissioners shall review the ordinances of the City governing the Police Department, and shall become familiar with the Statutes of the State regarding Police Officers in the Cities of the same class as the City of St. Ann, and shall recommend such legislation by the City as may be deemed necessary and/or desirable in its interest for providing the most efficient police protection available for the City.

E. The Board of Police Commissioners shall call upon the City Attorney or special counsel of the City for such legal advice or services as may be required in the performance of its duties.

Section 120.180 Meetings — Rules Of Procedure.

[R.O. 1998 § 120.180; CC 1988 §2-110; Ord. No. 250 §5, 4-8-1957]

A. Meetings of the Board of Police Commissioners shall be held at the call of the Chairman, or on order of the Mayor, or upon written notice to all the members of the Board stating the purpose of the meeting. In case of emergency, the written notice shall not be necessary if waived by four (4) members other than the Chairman, and further provided that the remaining members are orally advised or it is not reasonably possible to locate them, and further provided that a legal quorum of the Board attends such meeting.

[Ord. No. 2848 §2, 7-1-2013]

B. Seven (7) members, including the Chairman, shall constitute a legal quorum of the Board.

[Ord. No. 2848 §2, 7-1-2013; Ord. No. 3240, 8-2-2021]

C. The Chairman shall preside at all meetings except that in his/her absence the remaining members of the Board, if there is a legal quorum present, shall appoint an Acting Chairman to serve at such meeting, and he/she shall have all of the powers of the regular Chairman except that he/she shall be permitted to vote on all matters.

D. The Board shall elect a Secretary from its own membership. The Secretary shall keep accurate minutes of all proceedings of the Board. Upon approval by the Board, the minutes shall be signed by the Chairman and attested to by the Secretary.

E. The agenda of all meetings shall be prescribed by the Chairman or Acting Chairman who shall allow sufficient time for representatives of the public, the Police Department, or any other group, to appear before it.

F. All meetings shall be held in the City Hall except in case of an emergency or when the City Hall is unavailable.

Section 120.190 Conduct Of Investigations And Hearings.

[R.O. 1998 § 120.190; CC 1988 §2-111; Ord. No. 250 §6, 4-8-1957]

A. In any investigation regarding the conduct of Police Officers, the officers involved shall be present, and have the right to be represented by counsel, and have the privilege of cross examination of all witnesses and, if he/she chooses, to introduce testimony on his/her own behalf.

B. The hearing shall be before the whole Board of Police Commissioners and the Marshal shall be present during such investigation and hearing.

C. At such hearing, the Chairman shall regulate the proceedings and take all measures necessary or proper for the efficient performance of such duties.

D. Any evidence which would be admissible under the general Statutes of the State or under the rules of evidence governing proceedings in matters not involving a trial by jury in the courts of the State shall be admissible in a hearing before the Board of Police Commissioners. The rules of evidence shall be applied in any proceeding to the end, that equal and proper evidence shall be conveniently and expediently produced while preserving the substantial rights of the parties.

E. The Board shall have the power, in cases involving moral turpitude, to suspend the accused from duty if a majority of the Board determines that the accused is guilty, and further provided that in its report it specifically recommends dismissal of the officer by the Board of Aldermen.

F. If the Board of Aldermen does not accept the recommendation of the Board of Police Commissioners, the suspension shall be immediately lifted, and the officer reinstated.

Section 120.200 through Section 120.220. (Reserved) [1]

[1] Editor's Note: Ord. No. 2250 § 1, adopted on June 3, 2002, repealed §§ 120.200 – 120.220 regarding commission on economic development and municipal improvement. Former §§ 120.200 – 120.220 derived from CC 1988 §§ 2-113 – 2-115 and Ord. No. 1847 §§ 1 – 3, 11-6-1995).