[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:
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.
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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.
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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:
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.
