[CC 1996 §200.010; CC 1977 §71.010]
This Chapter consists of the rules and regulations for the operation of the Police Department of this City. To the extent that this Chapter conflicts with the provisions of Chapter 130 (relating to Personnel), this Chapter shall prevail. To the extent that regulations promulgated by the Mayor or by the Chief of Police, under the authority of this Chapter, conflict with the provisions of Chapter 130 (relating to Personnel), then Chapter 130 shall prevail.
[Ord. No. 1844 § I, 7-17-2017]
The City of Bowling Green shall authorize use of an Expense
Reimbursement Agreement in which City Police Officers shall reimburse
the City of Bowling Green for training, uniforms and equipment provided
to City Police Officers if employment with the City resigns or is
terminated within twenty-four (24) months from date of hire. A copy
of the Agreement is attached hereto as Exhibit A, which is held on
file in the City offices, and incorporated as if set forth at length
herein.
[CC 1996 §200.020; CC 1977 §21.170; Ord. No. 828 §II, 5-6-1991; Ord. No. 1089 §I, 4-5-1999; Ord. No. 1434 §I, 6-21-2004]
The Chief of Police shall hold his/her office for the term of two (2) years or until his/her successor is appointed and qualified as provided in Section 110.080 of this Code unless sooner removed from office pursuant to ordinance. The Chief of Police shall be in charge of the Bowling Green Police Department and supervise all employees thereof and shall report directly to the City Administrator. The Chief of Police shall have all Police powers and authority as granted in the Bowling Green, Missouri, City Code and the Statutes of the State of Missouri to enforce all laws and ordinances, execute all process, writs, orders, notices, attests and all other duties which may be required by law or ordinance.
[Ord. No. 1485 §I, 8-15-2005]
The Police Chief is hereby directed and authorized to utilize
the employment agreement for all persons employed in the Police Department,
including dispatchers. All current employees as well as all future
employees of the Police Department, including dispatchers, shall enter
into the employment agreement.
[CC 1996 §200.040; Ord. No. 879 §§1 — 2, 9-8-1993; Ord. No. 1274 §I, 3-18-2002]
All Law Enforcement Officers of the City of Bowling Green, Missouri,
shall be certified and licensed by the Peace Officer Standards and
Training Commission of the State of Missouri pursuant to Sections
590.010 through 590.175, RSMo., and shall have satisfactorily completed
such instruction and training as the Peace Officer Standards and Training
Commission shall establish from time to time.
[CC 1996 §200.160; CC 1977 §71.150]
Officers shall appear in court on any case in which they are
witnesses. If duty demands their absence from the Municipal Court
(Police Court), they shall report the matter to the Chief of Police
in order that the case may be continued. Officers on the witness stand,
in response to questions asked, will state in clear and distinct words,
truthfully, all they know regarding a matter, without fear or reservation
and without any desire or design to influence the result.
[CC 1996 §200.210; CC 1977 §71.220]
No member of the department shall wear his/her uniform or carry
a pistol while under suspension for any cause; and such member shall
immediately surrender his/her badge and Police identification to the
Chief of Police when notified of his/her suspension.
[CC 1996 §200.290; Ord. No. 719 §§I — V, 5-5-1986; Ord. No. 1916, 11-16-2020]
A.
Any
Police Officer of the City of Bowling Green who has completed the
basic police training as established by Chapter 590, RSMo., shall
have the authority to respond to an emergency outside the boundaries
of the City as set forth below.
B.
No
City Police Officer shall be required by reasons of this Section to
leave the jurisdiction of the City to respond to an emergency situation,
but said Police Officer shall use his/her discretion and judgment
when deciding to leave the City to respond to any emergency situation.
It shall be the policy of the City that the Chief of Police shall
be notified if an adjoining jurisdiction is requesting assistance
with an emergency situation. No Police Officer shall leave the inhabitants
of the City with inadequate police protection or be absent for extended
periods of time when responding to an emergency situation outside
the City. No City Police Officer shall be authorized to make an arrest
by reason of this authorization to respond; nor shall he/she be authorized
to use his/her weapon except to protect himself/herself or to effectuate
an arrest for a felony endangering the lives or threatening serious
property damage to one (1) or more persons.
C.
The
authority set forth herein shall permit the response by one (1) or
more City Police Officers to an emergency situation within twenty
(20) miles of the City. The Chief of Police may, in his/her discretion,
authorize response beyond twenty (20) miles from the City.
D.
Every
response to an emergency situation outside of the City shall be reported
by the Chief of Police to the Mayor, with an explanation for the reason
for the response.
E.
As
used herein, the term "emergency situation" shall
be defined as any situation in which a Law Enforcement Officer from
a surrounding jurisdiction is requesting assistance to a location
outside the City where a crime is being committed, has been committed,
or is about to be committed, and the crime involves injury or the
threat of serious injury to the officer or any person.
[Ord. No. 1949, 11-15-2021[1]]
A.
ADMINISTERING AUTHORITY
COLOR OF LAW
ECONOMIC LOSS
GOOD CAUSE
LAW ENFORCEMENT OFFICER
For purposes of this Section, the following shall mean:
Any individual or body authorized by a Law Enforcement Agency
to hear and make final decisions regarding appeals of disciplinary
actions issued by such agency.
Any act by a Law Enforcement Officer, whether on duty or
off duty, that is performed in furtherance of his or her sworn duty
to enforce laws and to protect and serve the public.
Any economic loss, including, but not limited to, loss of
overtime accrual, overtime income, sick time accrual, sick time, secondary
employment income, holiday pay, and vacation pay.
Sufficient evidence or facts that would support a party's
request for extensions of time or any other requests seeking accommodations
outside the scope of the rules set out herein.
Any commissioned Peace Officer with the power to arrest for
a violation of the criminal code who is employed by any unit of the
State or any county, charter county, city, charter city, municipality,
district, college, university, or any other political subdivision
or is employed by the Board of Police Commissioners as defined in
Chapter 84. Law Enforcement Officer shall not include any officer
who is the highest ranking officer in the Law Enforcement Agency.
B.
Whenever a Law Enforcement Officer is under administrative investigation
or is subjected to administrative questioning that the officer reasonably
believes could lead to disciplinary action, demotion, dismissal, transfer,
or placement on a status that could lead to economic loss, the investigation
or questioning shall be conducted under the following conditions:
1.
The Law Enforcement Officer who is the subject of the investigation
shall be informed, in writing, of the existence and nature of the
alleged violation and the individuals who will be conducting the investigation.
Notice shall be provided to the officer along with a copy of the complaint
at least twenty-four (24) hours prior to any interrogation or interview
of the officer;
2.
Any person, including members of the same agency or department
as the officer under investigation, 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 investigating agency;
3.
When a Law Enforcement Officer is questioned or interviewed
regarding matters pertaining to his or her law enforcement duties
or actions taken within the scope of his or her employment, such questioning
shall be conducted for a reasonable length of time and only while
the officer is on duty unless reasonable circumstances exist that
necessitate questioning the officer while he or she is off duty;
4.
Any interviews or questioning shall be conducted at a secure
location at the agency that is conducting the investigation or at
the place where the officer reports to work, unless the officer consents
to another location;
5.
Law Enforcement Officers shall be questioned by up to two (2)
investigators and shall be informed of the name, rank, and command
of the investigator or investigators conducting the investigation;
except that separate investigators shall be assigned to investigate
alleged department policy violations and alleged criminal violations;
6.
Interview sessions shall be for a reasonable period of time.
There shall be times provided for the officer to allow for such personal
necessities and rest periods as are reasonably necessary;
7.
Prior to an interview session, the investigator or investigators
conducting the investigation shall advise the Law Enforcement Officer
of the rule set out in Garrity v. New Jersey, 385 U.S. 493 (1967),
specifically, that the Law Enforcement Officer is being ordered to
answer questions under threat of disciplinary action and that the
officer's answers to the questions will not be used against the
officer in criminal proceedings;
8.
Law Enforcement Officers shall not be threatened, harassed,
or promised rewards to induce them into answering any question; except
that Law Enforcement Officers may be compelled by their employer to
give protected Garrity statements to an investigator under the direct
control of the employer, but such compelled statements shall not be
used or derivatively used against the officer in any aspect of a criminal
case brought against the officer;
9.
Law Enforcement Officers under investigation are entitled to
have an attorney or any duly authorized representative present during
any questioning that the Law Enforcement Officer reasonably believes
may result in disciplinary action. The attorney or representative
shall be permitted to confer with the officer but shall not unduly
disrupt or interfere with the interview. The questioning shall be
suspended for a period of up to twenty-four (24) hours if the officer
requests representation;
10.
Prior to the Law Enforcement Officer being interviewed, the
officer and his or her attorney or representative shall have the opportunity
to review the complaint;
11.
The Law Enforcement Agency conducting the investigation shall
have ninety (90) days from receipt of a citizen complaint to complete
such investigation. The agency shall determine the disposition of
the complaint and render a disciplinary decision, if any, within ninety
(90) days. The agency may, for good cause, petition the administering
authority overseeing the administration of discipline for an extension
of time to complete the investigation. If the administering authority
finds the agency has shown good cause for the granting of an extension
of time to complete the investigation, the administering authority
shall grant an extension of up to sixty (60) days. The agency is limited
to two (2) extensions per investigation; except that, if there is
an ongoing criminal investigation there shall be no limitation on
the amount of sixty-day extensions. For good cause shown, the internal
investigation may be tolled until the conclusion of a concurrent criminal
investigation arising out of the same alleged conduct. Absent consent
from the officer being investigated, the administering authority overseeing
the administration of discipline shall set the matter for hearing
and shall provide notice of the hearing to the Law Enforcement Officer
under investigation. The officer shall have the right to attend the
hearing and to present evidence and arguments against extension;
12.
Within five (5) days of the conclusion of the administrative
investigation, the investigator shall inform the officer, in writing,
of the investigative findings and any recommendation for further action,
including discipline;
13.
A complete record of the administrative investigation shall
be kept y the Law Enforcement Agency conducting such investigation.
Upon completion of the investigation, a copy of the entire record,
including, but not limited to, audio, video, and transcribed statements,
shall be provided to the officer or the officer's representative
within five (5) business days of the officer's written request.
The agency may request a protective order to redact all personal identifying
witness information; and
C.
Law Enforcement Officers who are suspended without pay, demoted,
terminated, transferred, or placed on a status resulting in economic
loss shall be entitled to a full due process hearing. However, nothing
in this Section shall prohibit a Law Enforcement Agency and the authorized
bargaining representative for a Law Enforcement Officer employed by
that agency from reaching written agreements providing disciplinary
procedures more favorable than those provided for in this Section.
The components of the hearing shall include, at a minimum:
1.
The right to be represented by an attorney or other individual
of their choice during the hearing;
2.
Seven (7) days' notice of the hearing date and time;
3.
An opportunity to access and review documents, at least seven
(7) days in advance of the hearing, that are in the employer's
possession and that were used as a basis for the disciplinary action;
4.
The right to refuse to testify at the hearing if the officer
is concurrently facing criminal charges in connection with the same
incident. A Law Enforcement Officer's decision not to testify
shall not result in additional internal charges or discipline;
5.
A complete record of the hearing shall be kept by the agency
for purposes of appeal. The record shall be provided to the officer
or his or her attorney upon written request;
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 conclusion
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.
E.
Law Enforcement Officers shall have the opportunity to provide a
written response to any adverse materials placed in their personnel
file, and such written response shall be permanently attached to the
adverse material.
F.
Law enforcement offices shall have the right to compensation for
any economic loss incurred during an investigation if the officer
is found to have committed no misconduct.
G.
Employers shall defend and indemnify Law Enforcement Officers from
and against civil claims made against them in their official and individual
capacities if the alleged conduct arose in the course and scope of
their obligations and duties as Law Enforcement Officers. This includes
any action taken off duty if such actions were taken under color of
law. In the event the Law Enforcement Officer is convicted of, or
pleads guilty to, criminal charges arising out of the same conduct,
the employer shall no longer be obligated to defend and indemnify
the officer in connection with related civil claims.
H.
Law Enforcement Officers shall not be disciplined, demoted, dismissed,
transferred, or placed on a status resulting in economic loss as a
result of the assertion of their constitutional rights in any judicial
proceeding, unless the officer admits to wrongdoing, in which case
the provisions of this Section shall not apply.
I.
Any aggrieved Law Enforcement Officer or authorized representative
may seek judicial enforcement of the requirements of this Section.
Suits to enforce this Section shall be brought in the circuit court
for the county in which the Law Enforcement Agency or Governmental
Body has its principal place of business.
J.
Upon a finding by a preponderance of the evidence that a Law Enforcement
Agency, Governmental Body, or member of same has violated any provision
of this Section, a court shall void any action taken in violation
of this Section. The court may also award the Law Enforcement Officer
the costs of bringing the suit, including, but not limited to, attorneys'
fees. A lawsuit for enforcement shall be brought within one year from
which the violation is ascertainable.
K.
Nothing in this Section shall apply to any investigation or other
action by the director regarding a license issued by the director
under this Chapter.
L.
A Law Enforcement Agency that has substantially similar or greater
procedures shall be deemed in compliance with this Section.
[CC 1996 §200.300; CC 1977 §71.500]
The Police Department of the City of Bowling Green is hereby
authorized and directed to enter into an intergovernmental cooperative
Police agreement with any other governmental law enforcement agency.
