[Ord. No. 138 §71.290, 11-5-1984; Ord.
No. 1291, 11-21-2022]
A Police Personnel Board is hereby established in the City of Scott City. For the purposes of Article
III, the Police Personnel Board shall hereinafter be referred to as "The Board."
[Ord. No. 138 §71.300, 11-5-1984; Ord. No. 522 §1, 9-3-1996; Ord. No. 1291, 11-21-2022]
The Board shall consist of six (6) members who are citizens
of the City. All appointments shall be for four (4) year terms. The
Mayor, with the consent of the majority of the City Council, shall
make appointments and fill vacancies for any unexpired terms. Members
of the Board shall serve until their successors shall have been appointed
and qualified. The appointments shall be so staggered that the terms
of no more than two (2) members shall expire at the same time.
[Ord. No. 138 §71.310, 11-5-1984; Ord.
No. 1291, 11-21-2022]
No person shall be appointed to the Board unless they are at
least twenty-one (21) years old, are a legal voter of the City and
have been a resident of the City for at least two (2) years immediately
prior to his or her appointment. He or she shall be a person of good
character and reputation and shall not hold any other public office
or employment under the City.
[Ord. No. 138 §71.320, 11-5-1984]
Members of the Board shall be required to take the oath of office
prescribed for City elective Officers administered by the City Clerk.
[Ord. No. 138 §71.330, 11-5-1984; Ord. No. 302 §3, 4-16-1990; Ord. No. 1291, 11-21-2022]
Each year, in the month of July, the Board may select one (1)
of its members to serve as Chairperson and one (1) to serve as Vice-Chairperson
and one (1) to serve as Secretary. The Board shall adopt and may amend
from time to time rules governing its internal operations, a copy
of which shall be on file with the City Clerk. The Chairperson shall
be required to vote when it is necessary to break a tie or his vote
is needed to make a quorum. If for any reason, a vacancy occurs in
the office of Chairperson, Vice-Chairperson or Secretary, between
July of each year, the Board shall have the authority to select one
(1) of its members to fill the vacancy.
[Ord. No. 138 §71.340, 11-5-1984; Ord.
No. 1291, 11-21-2022]
Regular meetings shall be held once a month on a day set by
the Chairperson of the Board. Failure to attend three (3) or more
consecutive meetings shall be cause for removal from the Board.
[Ord. No. 138 §71.350, 11-5-1984]
A majority of the members of the Board shall constitute a quorum
and the action of a majority of the members present at a meeting at
which a quorum is present shall be the action of the Board.
[Ord. No. 138 §71.360, 11-5-1984]
The Mayor may with the consent of a majority vote of the City
Council, remove any member of the Board from office. A member may
also be removed by two-thirds (⅔) vote of the City Council
independently of the Mayor's approval or recommendation. A removal
from office shall result in a vacancy in such office.
[Ord. No. 138 §71.370, 11-5-1984]
Members of the Board shall serve without compensation.
[Ord. No. 138 §71.380, 11-5-1984; Ord.
No. 1291, 11-21-2022]
The Board shall be required to give examinations to candidates
for appointment or promotion and to certify lists of eligibles to
the Mayor and Chief of Police. The Chief of Police shall make his
or her recommendation from the list of eligibles to the Mayor.
[Ord. No. 138 §71.390, 11-5-1984]
A. The
Board or the Chief of Police at the Board's direction, shall from
time to time, conduct open, competitive examinations and promotional
examinations as they deem necessary to establish eligibility and promotional
registers. The examinations shall be of such character as to determine
the relative qualifications, fitness and ability of the persons tested
to perform the duties of the class of position for which a register
is established. The examination may be divided into various parts
and may be written, oral or physical, or it may evaluate training
and experience, require a demonstration of skill or it may be any
combination of these factors. The examination shall be of such character
as to determine the relative qualifications of the persons taking
the examination and may take into consideration any relevant factor,
including training, experience, aptitude, capacity, knowledge, character,
health, physical fitness, marksmanship and other qualifications as,
in the judgement of the Board, shall enter into a proper determination
of the relative fitness of the applicants. Political or religious
opinions or affiliations shall not be considered in determining the
qualifications of an applicant, and no question shall be framed to
elicit information concerning such opinions or affiliations.
B. Same - Notice. The Board shall give public notice of each
open, competitive examination and promotional examination sufficiently
in advance of same and of a sufficient width in scope to afford persons
who are interested in taking the examination a reasonable opportunity
to apply. The time between the official announcement of an examination
and the holding of the examination shall not be less than fifteen
(15) days. Each official notice of an examination shall state the
titles, job description and pay of the position in the class for which
the examination is to be held, the necessary or desirable qualifications
required and the time, place and manner of applying for admission
to such examination. The official announcement shall consist of the
posting of an official notice thereof in any newspaper published and
of general circulation within the City, and the posting of an official
notice thereof on a public bulletin board maintained at the office
of the Police Department and in the City Hall building. The Board
shall also use such other means of publication as, in its judgement,
is best suited and reasonably necessary to inform the public that
the examination is to be given.
[Ord. No. 138 §71.400, 11-5-1984]
Ratings of each examination shall be completed, and the appropriate
registers established, not later than ninety (90) days after the first
part of the examination was held, unless such time is extended by
the Board for reasons stated in their official records. The methods
of rating the various parts of the examinations and the minimum satisfactory
grade shall be determined by appropriate regulations. Each person
taking the examination shall be notified in writing whether he passed
or failed the examination. Each person taking the examination shall
in accordance with regulations adopted by the Board, be entitled to
inspect his examination papers and ratings, but ratings shall not
be open to inspection by the general public. A manifest error in rating
and grading of an examination which affects the relative ranking of
persons taking the examination shall be corrected, if called to the
Board's attention, in writing, by certified mail within thirty (30)
days after the establishment of the register, but such correction
shall not invalidate any appointment previously made from such register,
unless it is established that the error was made in bad faith and
with intent to deprive the person adversely affected by certification
to the eligibility list.
[Ord. No. 593 §1, 12-15-1997; Ord.
No. 1291, 11-21-2022]
If the Board determines that a suitable candidate for a vacated office is available within the department, it may elect not to advertise the vacancy to the public as set forth in Section
200.390(B) of this Chapter. Instead, the Board may examine members of the Police Department suitable for promotion to the vacancy and certify a list of the members of the department, who have passed the examination, to the Mayor. If the Mayor elects not to appoint from the members of the departments certified by the Board, the Board shall thereafter notify the public of the vacancy as set forth in Section
200.390(B) of this Chapter.
[Ord. No. 138 §71.410, 11-5-1984]
The Board shall keep an application and promotional register,
in which shall be entered the names and addresses of all applicants,
the order and date of all applications for competitive examinations
and the positions in the Police Department sought by the applicants.
All applications shall be on forms prescribed by the Board.
[Ord. No. 138 §71.420, 11-5-1984; Ord.
No. 1291, 11-21-2022]
The Chief of Police or the Board may reject the application
of any person for admission to an examination or may strike the name
of any person on a register for a position in the Police Department,
or withdraw the certification of such person, if it finds that such
person lacks any of the required qualifications, is physically unfit
to perform effectively the duties of the position to which he or she
seeks employment, is addicted to the habitual use of drugs or intoxicating
beverages, has been convicted of a crime or guilty of any notorious
or disgraceful conduct, has been dismissed from any public service
because of delinquency or has made a false statement of fact or attempted
to practice any fraud or deception in his or her application, or in
his or her examination, or in attempting to secure appointment to
the City Police Department.
[Ord. No. 138 §71.430, 11-5-1984]
A. The
Board shall formulate and adopt all necessary rules and regulations
reasonably necessary for the efficient operation of the merit system
and for the qualification and appointment of members to the City Police
Department. The rules approved by the Board shall then be submitted
to the City Council and shall become effective when approved by the
Council. The rules shall include provisions for:
1. Frequency of competitive examinations
2. Standardization and classification of all positions in the Police
Department on the basis of duties and responsibilities, so arranged
as to promote the filling of the higher grades through promotion as
fast as practicable.
3. Certification to the Mayor of eligible persons in order of rank,
for the purpose of filling vacancies.
4. Temporary or emergency appointments, in the absence of an eligibility
list.
[Ord. No. 138 §71.440, 11-5-1984]
The Board shall certify a list of all eligible persons for membership
in the Police Department to the Mayor, as often as is necessary for
the good of the Department and the interest of the public.
[Ord. No. 138 §71.450, 11-5-1984; Ord.
No. 1291, 11-21-2022]
Any member of the Board, on behalf of the Board shall have power
to administer oaths, subpoena witnesses and compel the production
of books and records relevant to any investigation or hearing authorized
by this Article. Attendance of witnesses may be compelled by attachment
if necessary. Persons who fail to produce books and records subpoenaed
by the Board, or who fail to testify without lawful cause, or who
testify falsely, shall be deemed guilty of a municipal offense.
[Ord. No. 302 §4, 4-16-1990; Ord. No. 509 §1, 2-5-1996; Ord. No. 1275, 6-6-2022; Ord. No. 1279, 7-5-2022; Ord.
No. 1291, 11-21-2022]
A. Any
member of the City Police Department who is suspended without pay,
demoted, terminated, transferred, or placed on a status resulting
in economic loss may appeal to the Board by service of written notice
to the Chief setting forth the reasons for claiming the suspension,
demotion, termination, transfer, or change in status was not for good
cause or for the good of the department. The appellant shall state
in the appeal his or her request for a public or private hearing.
If not stated, the hearing shall be closed.
B. Upon
such action the Board shall set a time and date and shall hear the
appeal in the City Council chambers within fourteen (14) days of receipt
of a request unless the time shall be extended for good cause. The
Board shall notify by registered mail or personal service, the date,
time and place of hearing to the appellant at least ten (10) days
prior to the hearing.
C. Whether
public or private, the appellant, Chief of Police, Mayor, City Administrator
and City Council shall have the right to be present during the hearing
and to be heard in person if they so desire. The appellant shall have
the right to be represented by counsel and to present evidence. The
hearing shall be conducted in compliance with Section 590.502, RSMo.
Technical rules of evidence shall not apply at such hearings. Notice
of a closed hearing shall be posted twenty-four (24) hours in advance.
D. Any
decision, order, or action taken following the hearing shall be in
writing and shall be accompanied by findings of fact. The findings
shall consist of a concise statement upon each issue in the case.
A copy of the decision or order accompanying findings and conclusions
along with the written action and right of appeal, if any, shall be
delivered or mailed promptly to the Law Enforcement Officer or to
the officer's attorney or representative of record. A copy of the
Board's findings shall be placed in the appellant's personnel file.
E. In
the event the action appealed from is overturned, the appellant shall
be reinstated to his or her former position with his or her lost pay.
In the event the action appealed from is modified, the Board may enter
such order lessening the severity of the action as in its judgement
is just and proper.
[Ord. No. 138 §71.470, 11-5-1984; Ord.
No. 1291, 11-21-2022]
A. All
complaints against members of the Scott City Police Department will
be referred immediately to the Chief of Police by the receiving party.
B. Any
person, including members of the Police Department, filing a complaint
against a Law Enforcement Officer shall have the complaint supported
by a written statement outlining the complaint that includes the personal
identifying information of the person filing the complaint. All personal
identifying information shall be held confidential by the Chief and
the investigators.
C. The Chief will investigate the complaint in compliance with Section 590.502, RSMo., and make a determination of appropriate action. If the investigation results in disciplinary action, demotion, dismissal, transfer, or placement on a status that could lead to economic loss, the officer may appeal the decision to the Board per Section
200.460.
D. If
the complaint is against the Chief of Police, it shall be immediately
reported to the Mayor who shall direct the investigation in compliance
with Section 106.273, RSMo.
[Ord. No. 138 §71.480, 11-5-1984; Ord.
No. 1291, 11-21-2022]
The Board may recommend improvements within the Police Department
to the Mayor and City Council and shall aid the Chief of Police and
City Administrator in the preparation of the Police Department budget.
[Ord. No. 138 §71.490, 11-5-1984]
The Mayor shall, with the advice and consent of a majority of
the City Council, appoint the Chief of Police from a list of eligibles
certified to the Mayor by the Board.
[Ord. No. 138 §71.500, 11-5-1984; Ord.
No. 1275, 6-6-2022Ord. No. 1291, 11-21-2022]
The Board shall present a list of certified eligibles for each
opening in the Police Department to the Mayor, Chief of Police, and
City Administrator. The Mayor, the Chief of Police and the City Administrator
shall review the list of eligibles and make a recommendation to the
City Council for their approval.
[Ord. No. 138 §71.510, 11-5-1984; Ord.
No. 1275, 6-6-2022; Ord. No. 1291, 11-21-2022]
After their initial appointment to the Police Department, all
officers shall serve a six (6) month probationary period. This probationary
period shall be utilized for closely observing the officer's work
and for rejecting any officer whose performance does not meet the
required work standards. A review of the officer's work shall be made
before expiration of the probationary period by their supervisor who
shall certify to the City Council that they are fit for permanent
employment or recommend they be rejected. If the officer is rejected,
they shall have no rights of appeal.
Exception: If there is reason to believe that
the probationary officer may develop the ability to perform satisfactorily
by the extension of the probationary period, their supervisor may
recommend an extension not to exceed sixty (60) days.
[Ord. No. 138 §71.520, 11-5-1984; Ord. No. 468 §1, 4-3-1995; Ord.
No. 557 §1, 5-5-1997; Ord. No. 660 §1, 6-19-2000; Ord. No. 717 §2, 3-17-2003; Ord. No. 892 §1, 3-1-2010]
A. Promotion
of Police Officers to a higher classification may be made at any regular
Council meeting upon recommendation to the Mayor by the Police Personnel
Board and a majority vote of the City Council, subject to the following
requirements:
1. The normal initial employment designation shall be Patrol Officer.
[Ord. No. 1291, 11-21-2022]
2. No Officer shall be promoted to Sergeant unless he or she has successfully
completed two (2) years of consecutive service within the Scott City
Police Department or has previous experience with another department
of equal size or larger. Promotions from within the department are
preferred, however, lateral transfers may be considered if the applicant
possesses the years of experience and qualifications. Officers considered
for promotion will have demonstrated exceptional competence and performance
in job dimensions of Police patrol, response to call(s) for assistance,
arrest and detention procedures, search and seizure, traffic control
and investigation, public relations, community policing, investigation,
court activities and administrative duties, is recommended by the
Police Chief, and has passed all physical and mental examinations
as may be promulgated by the Police Personnel Board to qualify for
such promotion.
3. No Patrol Officer shall be promoted to Lieutenant without first achieving
the rank of Sergeant within the department. Lateral transfers may
be considered if the applicant previously achieved the rank of Sergeant.
[Ord. No. 1291, 11-21-2022]
4.
No officer shall be promoted to Corporal unless said person
has successfully completed one (1) year of service within the Scott
City Police Department or has one (1) year of previous experience
with another department of equal size or larger. Promotions within
the Department are preferred; however, lateral transfers may be considered
if the applicant possesses the years of experience and qualifications.
Officers considered for promotion must have demonstrated satisfactory
performance in Police patrol, traffic control and investigation, community
policing, public relations and court activities, as recommended by
the Chief of Police, and must have passed all mental and physical
examinations as may be promulgated by the Police Personnel Board to
qualify for such promotions.
[Ord. No. 1003 §2, 8-25-2014]