[1]
Cross References — Appointment of special police officers in emergencies, etc., §110.130; police to enforce provisions of alcoholic beverages chapter, §600.020; assault of a police dog, §205.380; procedure for arrest without warrant, §125.130; court cost to be used in training police officers, §125.300; discharge of firearms — unlawful, §210.240(A)(2); discharge of air guns, paintball gun, etc., §210.250; directing of traffic by police and fire department officials, §310.010; notice and report to police of motor vehicle accidents, §§310.090 — 310.100.
[CC 1984 §21-16; Ord. No. 1-6E §1, 1-20-1986]
There is hereby created and established a merit system Police
Department within and for the City, under and subject to the provisions
of Sections 85.541 to 85.571, RSMo., and Sections 77.330 to 77.340,
RSMo.; providing however, the Mayor and City Council shall retain
the power to appoint, dismiss, suspend, discharge and otherwise discipline
all officers and employees of the merit system Police Department.
[CC 1984 §21-17; Ord. No. 1-6E, §1, 1-20-1986]
Any person presently holding a position in the Police Department
shall be retained without preliminary or performance tests, and no
reappointment shall be necessary, but such person shall thereafter
be subject in all other respects to the provisions of this Article.
[CC 1984 §21-17.1; Ord. No. 1-6E §1, 1-20-1986]
The merit system Police Department shall not include those officers
employed either as reserve or auxiliary Police Officers.
[CC 1984 §21-18; Ord. No. 1-6E §1, 1-20-1986]
Persons holding positions in the classified service shall not
be discriminated against in any way because of race, gender or their
political or religious beliefs, or opinions, or affiliations or because
of their exercise of the right to vote as they may please.
[CC 1984 §21-19; Ord. No. 1-6E, §1, 1-20-1986]
The merit system Police Department shall have a Chief of Police,
a minimum of one (1) Sergeant, and such number of regular Policemen
of such rank and grade as may be prescribed by ordinance to be paid
such salaries as may be established from time to time by ordinance
or resolution.
[CC 1984 §21-20; Ord. No. 1-6E §1, 1-20-1986; Ord. No. 1-6G §1, 7-6-1989]
When there is an opening in the Police Department for a Chief of Police or Police Officer, the Police Personnel Board shall submit to the Mayor and the City Council a certified list of eligibles as contemplated by Sections 200.090 and 200.100. Said appointment shall be made, from said list of eligibles, by the Mayor with the advice and consent of the majority of the City Council. Prior to said appointment by the Mayor and City Council, the Mayor and City Council, or the designated committee, shall consult with the Police Personnel Board and consider its recommendation.
[CC 1984 §21-21; Ord. No. 1-6E §1, 1-20-1986]
The Chief of Police shall, in the discharge of his/her duties,
be subject to the orders of the Mayor and the City Administrator,
in his/her capacity as the designee of the Mayor, only; all other
members of the Police Department shall be subject to the orders of
their superiors in the Police Department and the Mayor only.
[CC 1984 §21-22; Ord. No. 1-6E §1, 1-20-1986]
The Personnel Board shall adopt and provide for open, free and
competitive examination as to fitness and qualifications for all the
positions of the Police Department; provided however, that no person
be appointed as Chief of Police unless such person be over the age
of twenty-five (25) years, and that no person shall be eligible to
take an examination and be appointed to the Police Department, other
than Chief of Police, unless such person be not less than the age
of twenty-one (21).
[CC 1984 §21-23; Ord. No. 1-6E §1, 1-20-1986]
The Personnel Board shall provide from the returns of the examinations
an eligible list of persons for each classification of positions in
the competitive classification service of the Police Department, whose
general average standing upon said examination or class is not less
than the minimum fixed by the rules of the Board and who are otherwise
eligible, and such persons shall take rank upon the eligible list
of candidates in the order of their relative excellence as determined
by examination, without more than one (1) applicant receiving the
same mark at an examination, priority of time of application shall
determine the order in which their names shall be placed on the eligible
list. The Board shall revise the eligible list every six (6) months
or as circumstances may warrant. Before an applicant is added to the
eligible list, the Personnel Board shall consult with the Chief of
Police pertaining to the proposed applicant being certified to the
list of eligibles.
[CC 1984 §21-24; Ord. No. 1-6E §1, 1-20-1986]
Before entering into his/her duties each Police Officer shall
take an oath administered by the City Clerk that he/she will uphold
the Constitution of the United States, State of Missouri, the laws
of the State, and the ordinances of the City and will faithfully demean
himself/herself in the performance of his/her duties.
[CC 1984 §21-26; Ord. No. 1-6E §1, 1-20-1986]
The Personnel Board shall, from time to time, after consulting
the Chief of Police, recommend the elevation of regular Police Officers
to higher classifications and said recommendations may be acted upon
at any Council meeting by resolution of the majority of the City Council.
[CC 1984 §21-27; Ord. No. 1-6E §1, 1-20-1986]
A.
Officers
of the Police Department shall be conservators of the peace and shall
be active and vigilant in the preservation of good order within the
City.
B.
Every
member of the Police Department shall have power at all times to make
or order an arrest with proper process for any ordinance violation
against the laws of the City or the State, and to keep the offender
in the City Jail or other proper place to prevent his/her escape until
a trial can be had before the proper officer, unless such offender
shall give a good and sufficient bond for his/her appearance for trial,
and shall also have power to make arrests without process in all cases
in which any ordinance violation against the laws of the City or the
State shall be committed in his/her presence. Every member of the
Police Department is also empowered to serve and execute all warrants,
subpoenas, writs or other process issued by the judge hearing and
determining municipal ordinance violation cases of the City at any
place within the limits of the County or Counties within which the
City is located. Every member of the Police Department shall have
the power to make or order an arrest in areas leased or owned by the
municipality outside of the boundaries of such municipality.
[CC 1984 §21-29; Ord. No. 1-6E §1, 1-20-1986]
No Police Officer or Chief of Police shall accept or seek election,
nomination or appointment as an officer of a political club or organization,
or take an active part in a political campaign or serve as a member
of a committee of any such club or organization, or act as a worker
at the polls, or distribute badges or literature favoring or opposing
a candidate for election or nomination to any public office; provided
however, nothing herein shall prevent such person from becoming or
continuing to be a member of a political club or organization, or
from attending any political meeting, or from enjoying freedom from
interference in casting his/her vote. Leaves of absence may be granted
at the discretion of the Personnel Police Board for the purpose of
seeking public office or other just causes.
[CC 1984 §21-30; Ord. No. 1-6E §1, 1-20-1986]
The Chief of Police shall have the authority, after a conference
with the officer, to suspend for a definite period of time, not to
exceed five (5) days, any officer of the Police Department for cause.
The officer suspended shall have the right to appeal said suspension
to the Personnel Board. The appeal must be in writing and initiated
within five (5) days of the suspension. After a hearing in front of
the Personnel Board, the findings and recommendations of the Personnel
Board shall be submitted to and considered by the Mayor and the City
Council who shall make the final decision by either accepting or rejecting
such findings and recommendations thereby disposing of the appeal,
which decision may be reviewable by the Circuit Court of St. Francois
County, Missouri. If the final court decision is in favor of the employee,
the Mayor shall reinstate him/her and shall approve the payment of
any salary or wages lost by him/her. In addition to said reinstatement,
all references to said suspension shall be expunged from the records.
[CC 1984 §21-31; Ord. No. 1-6E §1, 1-20-1986]
The Chief of Police, after a conference with the officer, shall
have the authority to recommend the discharge or demotion of any officer
of the Police Department for misbehavior or inefficiency, but the
aggrieved Police Officer shall be granted a right of appeal to the
Police Personnel Board in advance of the recommended discipline. If
the aggrieved Police Officer does not appeal within five (5) days
after being advised of the demotion or discharge, then the recommendation
of the Chief of Police shall become effective. In the event of an
appeal to the Personnel Board and after hearing, the findings and
recommendations of the Police Personnel Board shall be submitted to
and considered by the Mayor and City Council who shall make the final
decision by either accepting or rejecting such findings and recommendations
of the Police Personnel Board and thereby disposing of the appeal,
which decision may be reviewable by the Circuit Court of St. Francois
County, Missouri. If the final court decision is in favor of the officer,
the Mayor shall reinstate him/her and shall approve payment of any
salary or wages lost by him/her. In addition to said reinstatement,
all references to said discharge or demotion shall be expunged from
the records.
[CC 1984 §21-32; Ord. No. 1-6E §1, 1-20-1986]
In addition to the authority of the Chief of Police as set out in Sections 200.150 and 200.170 herein, the Mayor shall have the authority to recommend suspension, demotion or discharge of the Chief of Police or Police Officers for cause. The Chief of Police or Police Officers shall have the right of appeal to the Personnel Board and shall be granted a public hearing. An appeal must be initiated within five (5) days of said recommendation of suspension, demotion or discharge action. If said appeal is initiated, as provided herein, the hearing shall be conducted by the Police Personnel Board with the findings and recommendations of the Personnel Board submitted to the City Council, who shall make the final decision by either accepting or rejecting such findings and recommendations and thereby disposing of the appeal, which decision of the City Council may be reviewable by the Circuit Court of St. Francois County, Missouri. If the final court decision is in favor of the Chief of Police or Police Officer, the Mayor shall reinstate him/her and shall approve the payment of any salary or wages lost by him/her. In addition to said reinstatement, all references to said suspension, demotion or discharge shall be expunged from the records.
[CC 1984 §21-33; Ord. No. 1-6E §1, 1-20-1986]
A.
All
legal claims made against Police Officers for actions involving performance
of their duties shall be defended by the City or its insurance carrier,
and the City shall hold such officers harmless from any judgments
which may be obtained against them.
B.
The
provisions of this Section shall also apply to auxiliary and reserve
Police Officers while they are engaged in duties at the request of
the City.
C.
The
provisions of this Section shall not apply to those actions of an
officer which may be deemed willful and malicious.
