[Ord. No. 12-038 §1, 11-5-2012]
A. 
There is hereby established the Department of Police which shall have such other divisions or sections as from time to time may be authorized by the Board of Aldermen and assigned to the Department of Police. The Police Department shall perform the following functions:
1. 
Identification of criminal offenders and criminal activity and, where appropriate, apprehension of offenders and participation in subsequent court proceedings.
2. 
Reduction of the opportunities for the commission of some crimes through preventive patrol and other measures.
3. 
Aiding individuals who are in danger of physical harm.
4. 
Protection of constitutional guarantees.
5. 
Facilitation of the movement of people and vehicles.
6. 
Identification of problems that are potentially serious law enforcement or governmental problems.
7. 
Promotion and preservation of civil order.
8. 
Provision of other services, both emergency and non-emergency.
[Ord. No. 12-038 §1, 11-5-2012]
A. 
There is hereby established a Chief of Police who shall be hired by the City Administrator for an indefinite term with the consent of a majority of the Board of Aldermen. The City Administrator may discharge the Chief, with or without cause, with the consent of a majority of the Board of Aldermen. The Chief of Police shall act in accordance with policies set forth by the City Administrator, be responsible for the enforcement of all laws and ordinances of the City and shall:
1. 
Be responsible for the proper administration, efficiency and general conduct of the Police Department.
2. 
With the authorization of the City Administrator, hire and may discharge, with or without cause, a Deputy Chief and such division supervisors as are necessary to the discharge of the Department's functions and any other subordinate Police Officers and employees that may be authorized from time to time.
3. 
Be responsible for the assignment and reassignment of all police personnel and for the efficiency, discipline, general conduct and appearance of such personnel. In this capacity he/she shall have the authority to prescribe and enforce the rules and regulations for the operation of the Department.
4. 
Take such action as he/she deems necessary for the protection of the safety and welfare of persons and property.
[Ord. No. 12-038 §1, 11-5-2012]
For the purpose of Sections 115.280 and 115.290, the "major case squad" shall mean any formation, operation, organization or cooperative action between any County Governing Body, any municipal government and the City of Ozark, the purpose of which is intensive professional investigation of certain individual crimes that may occur in their general geographical area and which is operated and activated on request of a County Sheriff or the Police Chief of a political subdivision wherein a crime has occurred.
[Ord. No. 12-038 §1, 11-5-2012]
The officers of the City of Ozark Police Department are authorized to participate in and cooperate with any Law Enforcement Officers of other jurisdictions in any major case squad operation or formation. The officers designated to act in the major case squad operation will be so designated by the Chief of Police and when acting outside of the City of Ozark as a member of the major case squad operation shall be considered to be on active duty the same as if acting within the boundaries of the City of Ozark.
[Ord. No. 12-038 §1, 11-5-2012]
Pursuant to and under the authority of the provisions of Section 70.837, RSMo., members of the City Police may respond to a request for assistance from any other public safety agency within the State of Missouri or any bordering State as directed by the Chief of Police or any duly appointed representative bearing immediate command responsibility.
[Ord. No. 12-038 §1, 11-5-2012]
A. 
Each Ozark Police Officer performing services within any other municipality, County or bordering State shall have all of the powers, rights, privileges, duties and immunities as the members of the Police Department of the public safety agency requesting assistance, but shall remain in the employment and under the direction, supervision and control of the office of the Chief of Police of the City of Ozark, Missouri.
B. 
Each Police Officer of any other public safety agency performing services in the City in accordance with a request for emergency assistance or aid initiated by the City or its Police Chief shall have all the rights, powers, privileges, duties and immunities as members of the City Police Department, but the members of such other Departments of Police shall remain in the employ and under the direction, supervision and control of the proper officials and authorities of their respective governmental subdivision.
[Ord. No. 12-038 §1, 11-5-2012]
The consideration for any agreement for mutual police cooperation or assistance by or on behalf of the City shall be a mutual agreement only and no compensation, reimbursement or indemnity shall or will be paid by the City to any other governmental subdivision unless agreed to in writing.
[Ord. No. 12-038 §1, 11-5-2012]
A. 
Any equipment or property utilized by the Police Department of another governmental subdivision in providing and carrying out police services within the City pursuant to a request for assistance initiated by the City or its Police Department shall be used solely at the risk of the governmental subdivision owning same. Any loss or damage to such equipment or property shall be the sole responsibility of, and be borne solely by, the governmental subdivision owning such equipment or property.
B. 
Nothing herein contained shall be construed to affect the liability of any governmental subdivision or its agents or employees arising out of tortious conduct while carrying out any Police service pursuant to a request for assistance initiated by the City.
[Ord. No. 12-038 §1, 11-5-2012]
A. 
Nothing herein contained shall be construed to afford the protection or coverage of Workers' Compensation or any other insurance benefits, provided by the City, to any member of a Police Department or governmental subdivision of another municipality or governmental entity who may be injured or killed or who may die as a result of injuries sustained while performing police services in the City pursuant to a request for assistance initiated by the City or its Police Department.
B. 
Nothing herein contained shall be construed to deny the coverage of Workers' Compensation or any other insurance benefits provided by the City to any member of the Ozark Police Department who may be injured or killed or who may die as a result of injuries sustained while serving in any other municipality pursuant to its request for assistance and under the direction of the Chief of Police or his/her duly appointed representative.
[Ord. No. 12-038 §1, 11-5-2012]
A. 
Neither the City, its Police Department or members or any other municipality or governmental subdivision shall be liable to any entity requesting assistance or to any party whatsoever for failure to respond or for delay or negligence or mistake in receiving any call for assistance; nor shall any request for assistance be interpreted as an agreement for the benefit for any third party.
B. 
In responding to request for assistance from other municipalities, Police Officers of the City shall not leave the City's inhabitants with inadequate police protection or be absent for extended periods of time. The response of the City's Officers shall, to the extent practical, be in aid of and to assist the authorities of the political subdivision in which the emergency situation is located.
[Ord. No. 12-038 §1, 11-5-2012]
There is hereby created in the Police Department a section to be known as the Police Reserve. Membership in the Reserve force shall be those persons duly commissioned as members thereof by the Chief of Police. Reserve Officers shall have all powers and perform all duties as required of regular Police Officers of the City under the direction of the Chief of Police.
[Ord. No. 12-038 §1, 11-5-2012]
A. 
This Section relates to and embraces lost, stolen, strayed, abandoned, unclaimed or confiscated property which of itself is not contraband or the possession of which is not unlawful, which is now or which may hereafter come into the possession of the Police Department and which is not subject to other provisions of State or Federal law pertaining to the disposal of property.
B. 
All personal property shall be kept by the Police Department for a period of sixty (60) days from the date of its acquisition, unless the owner or person entitled to the possession of such property shall sooner claim such property and establish his/her/its ownership and right to possession thereof.
C. 
If the owner or person entitled to the possession of the property shall fail to claim such property within the period specified in Subsection (B) hereof and the Police Department is unable to locate the owner, then at such time or at any time thereafter the Chief of Police may cause a notice to be published three (3) times in a newspaper of local circulation, which notice shall be given in a manner reasonably calculated to reach the attention of all interested persons. The notice shall state that the property shall be disposed of on a certain date or dates for use in the Police Department, for sale by public auction (live or Internet), or destroyed if the property is of such poor quality or would be a safety concern if returned to the general public. In the event that the property will be sold at public auction to the highest bidder for cash, the notice shall state the time, place and method (live or Internet) for the sale.
D. 
If the owner or person entitled to the possession of property advertised as above shall fail to claim the same at any time before the date of disposal, then the property shall be transferred to a City department or sold to the highest bidder for cash and the acquiring department or purchaser shall take a good and perfect title to the property. The City Administrator or his/her designated representative is hereby authorized to contract for the services of an auctioneer and clerk (live or Internet) for said auction sales and may pay for the costs of such services from the proceeds of the sale.
E. 
Any funds, other than those payable to the State, received from the sale of any property as provided in this Section, less the cost of the publication and keeping the same for sale and the costs of such sale, shall be paid into the General Fund of the City.
F. 
Whenever a firearm comes into the possession of the Police Department, it is no longer needed as evidence and there is no applicable Missouri Statute for its disposition, then the Chief of Police may cause such firearm to be retained for use by the Police Department or application may be made by the Chief of Police to the Board of Aldermen for an order of disposition. The Board of Aldermen may order the sale of legal firearms which are in apparent working order to the highest bidder who holds a valid Federal firearms license; a certified copy of said license shall be provided to the Police Department at the time of the sale. The sale of any such firearm will be under the condition that the City makes no warranty as to the firearm's fitness for its intended purpose. The Board of Aldermen may order the destruction of ammunition or of any firearm or other weapon which is illegal to possess or a firearm which is in such worn condition as to be dangerous for use.
G. 
Upon application by the Chief of Police, the Board of Aldermen shall issue an order of destruction or disposition of any alcoholic beverage seized as a result of a violation of the Code of Ordinances of the City of Ozark or State law.
H. 
The Chief of Police shall order the destruction of all property which is not disposed of as above. Said property shall be destroyed in the presence of the Police Department's evidence technician and at least one (1) Police Officer who both shall sign a certificate of said destruction. These certificates shall become part of the permanent records kept by the Police Department.
[Ord. No. 13-024 §1, 7-1-2013]
A. 
Initial Recognition. The City will not voluntarily recognize an organization, association, employee group, union or professional group ("union") as a representative for City employees covered by this Article, without a secret ballot election. The City recognizes the importance of a secret ballot election in order to insure that employees have the opportunity to vote and determine, by secret ballot, whether they desire to be represented by a union or not to be represented by a union.
B. 
In order to request an election to select a union, a City employee must first submit to the City Administrator or designee the following information:
1. 
A description of the bargaining unit requesting representation. The description will include the general classifications of employees sought to be included and excluded and the approximate number of employees in the proposed bargaining unit; and
2. 
The name of the union seeking recognition as the representative and the name, address, e-mail address and telephone numbers of the union's contact person; and
3. 
A petition requesting an election by secret ballot signed by at least thirty percent (30%) of the City employees in the proposed bargaining unit. No signature can be older than six (6) months from the date the petition is submitted to the City Administrator or designee. The petition will be submitted in a sealed envelope separate from the other required information and labeled "Petition".
C. 
Once the City Administrator or designee receives such a request, he or she will post notice of receipt of the request in the same location that notices for meetings of the Board of Aldermen are posted.
D. 
The City Administrator or designee and the contact person for the union seeking recognition will identify a person mutually acceptable to both the City and the union to review the petition. The person will not be an agent or representative of either the City or the union or have a personal interest in the results of the election. The City Administrator or designee will provide the designated person a list of names of City employees meeting the definition of the proposed bargaining unit. The envelope labeled "Petition" will remain sealed until the designated person opens it to verify that signatures from at least thirty percent (30%) of the employees in the proposed bargaining unit were obtained. The designated person will not disclose the petition, which employees signed the petition, or the total number of employees who signed the petition to any person unless required by law. The designated person will notify the City Administrator or designee whether thirty percent (30%) of the signatures were obtained, but will not provide additional information unless required by law.
E. 
The City Administrator or designee, and the person designated to review the petition, will have thirty (30) business days to verify that the required information is present and to examine the description of the proposed bargaining unit. The City Administrator or designee will notify the contact person for the union seeking recognition of any missing information, so that the problem can be corrected immediately.
F. 
If the information is complete, the City Administrator or designee will submit to the Board of Aldermen a written recommendation on the appropriateness of the bargaining unit description and a list of the employees who would belong to the unit, if formed. If the City Administrator or designee determines that the description is appropriate and the Board of Aldermen agrees, the Board will set a date for the election to take place.
G. 
If the City Administrator or designee determines that the proposed bargaining unit is not appropriate, the Board of Aldermen will set a date and time for a public hearing on the issue before the Board, unless the City and the union agree that a hearing is not necessary to resolve the dispute. If a hearing is held, the contact person for the union seeking recognition will receive notice of the hearing. The City Administrator or designee and the union seeking recognition will have an opportunity to present witnesses, evidence and arguments at the hearing. The Board of Aldermen will make a determination as to the appropriateness of the description of the proposed bargaining unit within ten (10) business days of the hearing. The decision of the Board of Aldermen will be final.
H. 
If the description of the proposed bargaining unit is not approved by the Board of Aldermen, the Board shall issue a written decision which explains the reason or reasons it found that the proposed bargaining unit was not appropriate. The petitioner may thereafter submit a revised description of the proposed bargaining unit. The City Administrator or designee will provide the designated person a list of names of City employees meeting the revised definition of the proposed bargaining unit so that the designated person can determine if signatures from at least thirty percent (30%) of the City employees in the revised proposed bargaining unit were obtained. If so, the City Administrator or designee will submit to the Board of Aldermen a written recommendation on the appropriateness of the proposed bargaining unit, as described above. If the appropriate number of signatures were not obtained, the petitioner may resubmit the request for an election as described above.
[Ord. No. 13-024 §1, 7-1-2013]
A. 
The Board of Aldermen will approve the ballot language for the election for representation by a union, after receiving recommendations from the City Administrator or designee and any union that will appear on the ballot. All ballots will include an option where a City employee may vote not to be represented by a union.
B. 
The City Administrator or designee will provide notice of the election in writing, electronically or otherwise, to all City employees in the proposed bargaining unit. In addition, the City Administrator or designee will post notice of the election at all locations where notices of meetings of the Board of Aldermen are posted no less than ten (10) business days prior to the election. The notice will state:
1. 
The date, hours and place of the election.
2. 
The copy of this Section any policies or regulations regarding the election of a bargaining representative.
3. 
A description of the proposed bargaining unit.
4. 
A sample ballot with "sample" clearly marked on its face.
C. 
The election will be held in one (1) or more polling places reasonably convenient to the City employees voting and at times when the employees in the proposed bargaining unit may vote without leaving their assigned duties. The election will be conducted by secret ballot. The City Administrator or designee will appoint one (1) or more City employees or other persons who do not belong to the proposed bargaining unit, or to any union listed on the ballot, to check the names off of a list of all City employees in the proposed bargaining unit, distribute and collect the ballots.
D. 
The City Administrator and each union seeking recognition will select observers so there is one (1) observer representing the City and one (1) observer from the union at each polling place during the election. Any observer may challenge any employee's eligibility to vote. Each challenged ballot shall be folded and placed in a sealed envelope with the name of the voter plainly written on the outside. A challenged ballot or ballots will not be considered unless the vote could affect the results of the election. Before the other ballots are counted, the City Administrator or designee and the representative of the union will confer to determine if the challenge to each challenged ballot can be resolved. After the non-challenged ballots are counted, if the remaining challenged ballots will affect the results of the election, the challenged ballots will be presented to the Board of Aldermen for a determination.
E. 
Ballots will not be tallied until after the posted time for closing the polls, unless all eligible voters have cast their ballots. The ballots will be tallied by the City Administrator or designee in the presence of designated observers from the City and the union listed on the ballot. Tallied ballots will be placed in a sealed envelope and saved until all objections are resolved, the time for filing objections to the conduct of the election or conduct affecting the results of the election has passed and the Board of Aldermen votes to certify the election results. The preliminary results will be recorded in writing on a form prepared for that purpose and signed by the observers present when the ballots were tallied. The election results will remain tentative until the Board of Aldermen votes to certify the results.
F. 
Within ten (10) business days after the votes are tallied, any City employee in the proposed bargaining unit may file with the Board of Aldermen objections to the conduct of the election or conduct affecting the results of the election, which shall contain a statement of the reasons for the objection. A copy of the objections will be provided to all members of the Board of Aldermen, as well as the contact person(s) for the union seeking to represent the proposed bargaining unit. The City Administrator or designee will investigate all claims.
G. 
Unless the City and persons objecting to or challenging the ballots agree otherwise, the Board of Aldermen will hold a public hearing on:
1. 
All objections to the conduct of the election; and/or
2. 
All objections to conduct affecting the results of the election; and/or
3. 
All unresolved challenged ballots, if the challenged ballots will affect the result of the election.
If a hearing is held, the contact person for the union seeking recognition and the person(s) filing the objection or challenging the ballots will receive notice of the hearing. The City, through the City Administrator or designee, the representative of the union and the City employee who filed the objections, if that person is not affiliated with the City or the union, shall have an opportunity to present witnesses, evidence and argument at the hearing. The Board of Aldermen will make a decision within ten (10) business days of the hearing. The decision of the Board of Aldermen will be final.
H. 
The final results of the election will be presented to the Board of Aldermen for certification after the time for filing objections has expired or the Board has made a decision on all objections and, if necessary, challenged ballots.
I. 
A union will become the bargaining representative if it receives a majority of the valid votes cast in the election, after the Board of Aldermen has voted to certify the election.
J. 
A null election will occur when an equal number of votes are cast for no representation by the union, and for representation by the union or when there are two (2) or more unions on the ballot which receive the same number of votes. When this occurs, the Board of Aldermen will declare the election a nullity and set a date for a rerun election. If the second (2nd) election results in another nullity, the Board will dismiss the petition and the bargaining unit will not be formed.
K. 
Once a final decision is made regarding the representation of a bargaining unit, a petition requesting another election will not be accepted by the Board of Aldermen, City Administrator or designee for a minimum of one (1) year after the date of the last election in the unit.
L. 
All actual expenses of the election will be divided between the City and the union seeking to represent the City employees in the proposed bargaining unit. "Actual expenses" include the costs incurred in running the election, such as printing costs for notices and ballots, the cost of renting any necessary machinery, the costs incurred in providing poll workers other than observers and the costs incurred in providing necessary security at the election, as determined to be necessary by the City. The City may require the union to pay the City the union's proportional share prior to incurring the election expenses.
[Ord. No. 13-024 §1, 7-1-2013]
A. 
If a majority of the members of the bargaining unit vote to be represented by a union, for purposes of collective bargaining, the City, through a bargaining committee composed of the City Administrator, a legal representative for the City and such other persons whose presence during bargaining as a representative of the City is deemed by the City Administrator to be necessary or helpful to the bargaining committee, will meet with the union to bargain over wages and other terms and conditions of employment.
B. 
The City Administrator, as Chief Budget Officer for the City, shall designate the spokesperson for the City's bargaining committee and said committee shall be authorized to participate in negotiations with the union. The City's bargaining committee is empowered to reach a tentative agreement with the union, within the parameters established by the Board of Aldermen. Individual members of the Board of Aldermen shall not negotiate privately with representatives of any union or employee bargaining unit. The City further recognizes that effective negotiations may require input from other members of the City or outside resources. Accordingly, the bargaining committee is authorized to consult with other City employees, the heads of other departments of the City and outside consultants.
C. 
Negotiation meetings will be scheduled at times convenient to the bargaining committee and the union. The negotiation meetings will be scheduled at times that will not interfere with the work duties of the members of the bargaining committee and will be scheduled at times which are least disruptive to the normal business of the bargaining committee and the employee bargaining unit. Each side will be responsible for compensating the members of their bargaining committee for time spent in negotiations. Unless otherwise approved by the bargaining committee, negotiations will be held in City buildings.
D. 
Any tentative agreement will be reduced to writing and initialed by the bargaining committee for the City and the union. Agreements will be tentative until approved by a majority vote of the whole Board of Aldermen, ratified by the members of the bargaining unit, and signed by authorized representatives of the Board of Aldermen and the union in accordance with law.
E. 
The results of the negotiations shall be reduced to a written document and presented to the Board of Aldermen in the form of a written collective bargaining agreement for the Board of Aldermen's adoption, modification or rejection, consistent with State law. Notwithstanding, the obligation to collectively bargain in good faith does not require either party to agree to proposal or to make a concession. The ordinances of the City and/or City policy will govern in the absence of:
1. 
A collective bargaining agreement which has been approved by the Board of Aldermen and ratified by the members of the bargaining unit; or
2. 
When the collective bargaining agreement expires by its terms; or
3. 
When the collective bargaining agreement does not address an issue.
F. 
The City will negotiate wages, salary and other conditions of employment as required by law. The Board of Aldermen will not approve an agreement that could cause the City to violate any State or Federal law, negatively affect the City's financial position, or disrupt or weaken the operation of other departments or functions of the City.
G. 
Once a collective bargaining agreement receives final approval by the Board of Aldermen and the union, the agreement is considered inclusive and complete. The City may refuse to negotiate any item that is addressed in the existing policy or agreement, or that was discussed during negotiations for the existing agreement, during the term of the agreement.
H. 
The certified union shall ratify the tentative agreement before it is presented to the Board of Aldermen for ratification. The union is responsible for obtaining consent to the tentative agreement from the bargaining unit and will notify the City's bargaining committee in writing of the decision.
I. 
Before presenting the proposed collective bargaining agreement to the Board of Aldermen, the City Administrator or designee shall examine the agreement thoroughly and prepare a written estimate of the cost to the City under the agreement and the estimated effect the agreement will have on the City's future budget. Once a written tentative agreement has been presented to the Board of Aldermen, the Board may adopt the agreement or reject the agreement in whole or in part. In the event the Board of Aldermen rejects all or a part of the tentative agreement, the City's bargaining committee will meet with the union to negotiate over any issues which were rejected by the Board. The decision of the Board of Aldermen shall be final.
J. 
Once an agreement is entered into, it will be posted on the City's website and otherwise distributed to employees and the community as determined by the City Administrator or designee.
[Ord. No. 13-024 §1, 7-1-2013]
A. 
The City is committed to peacefully resolving labor issues, but will not hesitate to act if City operations are disrupted. No employee covered by this Section shall engage in any strike, walkout, work slowdown, stoppage or interruption of work, work-to-rule, boycott, sympathy strike, refusal to cross any picket line, sit-down, sick-out or any other similar activity or practice that disrupts the operation of any department of the City where bargaining unit employees work or any other operations of the City. This prohibition includes sympathy strikes or other disruptive actions taken in support of a different bargaining unit in the City or elsewhere.
B. 
In the event of a disruption, the City Administrator or designee is authorized to contact an attorney to seek court intervention, compensation or any other recourse in accordance with law. Any employee participating in disruptive acts will be deemed to have engaged in a serious violation of City policy, will be considered excessively and unreasonably absent from duties, and may be terminated from employment or otherwise disciplined. Employees will not be disciplined for actions protected by law.
C. 
All City employees are prohibited from using paid or unpaid leave for any work stoppage, strike or other disruption of work for the City, unless leave is required by law. The City reserves the right to revoke previously approved vacation leave, personal leave or other optional leaves.
D. 
The City Administrator or designee is directed to develop an emergency plan to be used in the event of a prohibited strike, work stoppage or other disruption to City operations. The City Administrator or designee may reassign employees as necessary to maintain City operations and may hire replacement employees in accordance with law.