[Code 1961 §8-1; CC 1976 §21-1; Ord. No. 912 §1, 5-24-1965]
There is hereby established and organized in the City a Police Department which shall consist of the Chief of Police, and as many Police Officers and as many probationary Police Officers as the Mayor and City Council shall deem necessary; and also such special Police Officers, reserve Police Officers, private watchmen, school patrolmen, dispatchers, clerks and employees of the department as the Mayor and City Council may, from time to time, determine to be necessary for the efficient operation of the department. The terms "Police" or "Police Officers" as used in this Chapter shall refer to members of the Police Department as specified in this Section, except special Police Officers, private watchmen, school patrolmen and any employee who is not a full-time, permanent, regular employee of the Police Department.
[1]
Editor's Note — Ord. no. 2010-20 §1, adopted June 28, 2010, repealed section 200.020 "police advisory board" in its entirety. Former section 200.020 derived from Code 1961 §8-2; CC 1976 §21-2; ord. no. 824 §1, 4-22-63; ord. no. 1178 §1, 12-14-70; ord. no. 2180 §2, 5-13-85; ord. no. 95-48 §1, 6-29-95; ord. no. 98-35 §1, 7-14-98.
[Code 1961 §8-3; CC 1976 §21-4]
Before entering upon the duties of his/her office, the Chief of Police shall give a surety company bond to the City in the sum of fifty thousand dollars ($50,000.00), to be approved by the Mayor, with conditions and subject to the provisions of this Code relating to bonds of City officers.
[Code 1961 §8-3; CC 1976 §21-5]
The Chief of Police shall be in charge of and responsible for the efficient organization and functioning of the Police Department under the general supervision of the Mayor and the City Council.
[Code 1961 §8-10; CC 1976 §21-6]
The Chief of Police shall have custody of all of the books, records, property, weapons, badges, furniture, vehicles, equipment, supplies and merchandise of the Police Department and shall direct and have the responsibility for the good conduct and proper and efficient performance of their duties of the members and employees of the Police Department. In such matters, he/she shall be subject to and have the advice of the Mayor and the City Council. He/she shall perform such specific duties as may be provided by the laws of the State of Missouri and the provisions of this Code.
[Code 1961 §8-11; CC 1976 §21-7]
The Chief of Police may promulgate rules and regulations for the Government of the Police Department and Police Officers, to be subject to approval by resolution or ordinance of the City Council, and may in like manner from time to time amend or repeal such rules or adopt a new rule or rules and regulations.
[Code 1961 §8-6; CC 1976 §21-9; Ord. No. 748 §1, 9-11-1961; Ord. No. 791 §1, 7-19-1962; Ord. No. 862 §1, 4-14-1964; Ord. No. 993 §1, 2-14-1967; Ord. No. 1360 §1, 8-26-1974; Ord. No. 96-13 §1, 1-9-1996; Ord. No. 96-70 §1, 8-13-1996; Ord. No. 2013-27 §§1 — 3, 8-12-2013; Ord. No. 2018-22, 12-10-2018]
The regular Police Officers herein provided for shall include a Chief of Police, two (2) Captains, three (3) Lieutenants, five (5) Sergeants and five (5) Corporals of Police in the Police Department. The appointment, removal, promotion or demotion of any Captain, Lieutenant, Sergeant or Corporal of Police shall be made in the same manner as herein provided generally for members of the Police Department. A Captain shall outrank other members of the Department, except the Chief of Police. A Lieutenant shall outrank other members of the Department, except the Chief of Police, and Captains of Police. A Sergeant shall outrank other members of the Department, except the Chief of Police, Captains and Lieutenants of Police. A Corporal shall outrank other members of the Department, except the Chief of Police, Captains, Lieutenants and Sergeants of Police.
[Code 1961 §8-4; CC 1976 §21-10; Ord. No. 1211 §1, 9-13-1971; Ord. No. 1984 §1, 6-27-1983; Ord. No. 2010-20 §2, 6-28-2010]
The members of the Police Department, as above designated, except the Chief of Police, shall be appointed from time to time by the Mayor with the consent and approval of a majority of the members of the City Council. Each Police Officer shall, before entering upon his/her duties, take the oath prescribed in this Code, and when said oath has been filed with the City Clerk, the City Clerk shall deliver to such Police Officer a commission in the name of, and signed by, the Mayor and under the Seal of the City, authorizing and empowering him/her to discharge the duties of a Police Officer during the will of the Mayor and City Council. Such commission and oath shall be recorded by the City Clerk. The commission shall be surrendered and returned to the Chief of Police at such time as the tenure of office of such Police Officer shall be terminated, together with any badge or other property belonging to the City. Any person who shall violate any provisions of this Section shall be deemed guilty of a misdemeanor.
[Ord. No. 99-19 §1, 3-23-1999]
Captains, Lieutenants, Sergeants, Corporals and Police Officers are appointed to serve for terms of one (1) year. The Police Chief will bring the names of all personnel in these classifications to the Mayor and City Council at the first (1st) City Council meeting in May. The Mayor and City Council have the right to re-appoint or decline re-appointment at-will.
[Code 1961 §8-5; CC 1976 §21-11; Ord. No. 1211 §1, 9-13-1971; Ord. No. 1984 §1, 6-27-1983; Ord. No. 2217 §1, 10-7-1985; Ord. No. 2010-20 §3, 6-28-2010]
A. 
A uniformed member of the Police Department is an appointed officer of the City who serves at the will of the Mayor and City Council. Any uniformed member of the Police Department may be removed from his/her appointed position at will by the Mayor with the consent of a majority of all the members elected to the City Council, or by a vote of two-thirds (⅔) of all the members elected to the City Council, independently of the Mayor's approval or recommendation, when it is determined by such vote that the removal of the Police Officer is in the best interests of the City. Such removal shall be in accordance with the procedures for removal of appointive officers set forth in Article II of Chapter 115 of this Code.
B. 
Any uniformed member of the Police Department may be promoted, demoted, or transferred within the Department at will by the Mayor with the consent of a majority of all the members elected to the City Council, or by a vote of two-thirds (⅔) of all the members elected to the City Council, independently of the Mayor's approval or recommendation, when by such vote it is determined that such promotion, demotion or transfer is in the best interests of the City.
C. 
(Reserved)
D. 
Nothing in this Section is intended to abrogate the powers of the Mayor and the City Council to terminate the appointment of a Police Officer at will as granted to the Mayor and City Council by the Statutes of the State of Missouri.
[1]
Cross Reference — Procedure for removal of city officers, art. II of ch. 115.
[Code 1961 §8-12; CC 1976 §21-12]
It shall be the duty of the members of the Police Department to obey and be responsive to all rules and regulations adopted as herein provided and all orders and directions of the Chief of Police or of an officer of superior rank.
[Code 1961 §8-15; CC 1976 §21-14]
It is hereby expressly made the duty of all members of the Police Department to acquaint themselves and to be familiar with the provisions of this Code and amendments thereto. They shall be alert at all times to detect obstructions in any street, sidewalk, tree, lawn or public place, the maintenance of any nuisance as herein defined, the construction or alteration of any building or other activity where a permit or a license is required by this Code, traffic violations, the violation of law relating to the sale of intoxicating liquor or non-intoxicating beer, disturbance of the peace or disorderly conduct and the violation of any other provision of this Code. They shall make arrests as hereinabove provided, and shall report violations to the Chief of Police, who shall, in proper cases, promptly report the same to the appropriate department of the City Government for action.
A. 
The Chief of Police and all City Police Officers shall be conservators of the peace, and shall be active and vigilant in the preservation of good order within the City.
B. 
The Chief of Police shall, in the discharge of his/her duties, be subject to the orders of the Mayor only; the Deputy Chief of Police and all other members of the Police Department shall be subject to the orders of their superiors in the Police Department and the Mayor only.
C. 
Every member of the Police Department shall have power at all times to make or order an arrest with proper process for any offense against the laws of the City or the State, and to keep the offender in the City prison 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 offense 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 City outside of the boundaries of the City.
D. 
It shall be the duty of the Chief of Police or in his/her absence the Deputy Chief of Police to collect all fines assessed for violations of municipal ordinances if not otherwise collected and pay the same into the City Treasury.
[1]
Editor's Note: Former Section 200.150, Disposal of Unclaimed Property and Cash, as adopted and amended by Code 1961 §8-29; CC 1976 §21-17, was repealed 4-22-2013 by Ord. No. 2013-18 §1.
[CC 1976 §21-17.1; Ord. No. 2319 §§1 — 7, 1-12-1987]
A. 
Authorization — Mayor. The City of Overland does hereby authorize the Mayor to obtain, take and receive all money and property duly forfeited by Federal and State authorities pursuant to applicable Federal or State law and procedures and which is transferred by such authorities to the City of Overland, Missouri.
B. 
Legal Proceedings — City's Rights. The Mayor is hereby empowered to authorize the initiation of or participation in any legal proceedings by the City necessary or appropriate to effectuate the City's rights with respect to any forfeiture of any property.
C. 
Authorization — Chief Of Police. The Chief of Police or his/her authorized representative is hereby authorized and empowered to receive any funds or property forfeited to or for the benefit of the City and to take, manage and dispose of such money or property as provided by law.
D. 
Sale At Auction — Receipt. The Chief of Police or his/her authorized representative is hereby authorized and empowered to sell on behalf of the City any forfeited property which may be received by the City pursuant to such forfeiture proceedings at public auction advertised at least one (1) time in a newspaper of general circulation in the City at least one (1) week prior to such auction. The Chief of Police or his/her authorized representative shall obtain from each person purchasing any item at such auction a receipt for such item purchased, containing a description of the item or items, the amount paid for each item and the name and address of the purchaser.
E. 
Funds Received. The Chief of Police or his/her authorized representative shall place all funds received by the City as forfeited property or from the sale of forfeited property in appropriate accounts of the City.
F. 
Special Purpose Property Or Funds. All forfeited funds or funds from forfeited property received by the City shall be paid into the general revenues of the City unless the applicable law relating to such forfeited funds or property requires the use thereof for a specific purpose. Any forfeited funds, property or proceeds thereof required by law to be used for a specified purpose are herein called "special purpose property or funds". The City shall use special purpose property or funds only for the purposes specified in the applicable law authorizing the City to receive such forfeited funds or property.
G. 
Obtaining Forfeited Funds And Property. The Chief of Police or his/her authorized representative and all other appropriate officers of the City are authorized and empowered to sign any applications, documents or other papers and to do any and all things necessary or appropriate to obtain any forfeited funds or property on behalf of the City.
[1]
Cross Reference — Duties and powers of the mayor, §110.030 et seq.
[1]
Editor's Note — Ord. no. 99-100 §1, adopted December 14, 1999, repealed section 200.170 regarding school patrolmen. Former said section derived from Code 1961 §8-9 and CC 1976 §21-18. We have left this section reserved for the city's future use.
[Ord. No. 96-59 §1, 7-10-1996; Ord. No. 96-88 §§1 — 2, 10-29-1996; Ord. No. 2001-29 §1, 5-15-2001]
A. 
Subject to the limitations of the following Subsections, all Police Officers of the City shall be prohibited from campaigning for or against the candidacy of any individual for nomination or election to any public office of the City.
1. 
This Section shall not limit the constitutional freedom of any individual to exercise his/her right as a citizen to express his/her opinion and to cast his/her vote.
2. 
This Section shall not prevent any individual from participating in political affairs at levels of government other than the City of Overland, provided that such participation does not adversely affect his/her performance as a Police Officer of the City.
3. 
This Section shall not prevent any Police Officer himself/herself from being a candidate and campaigning for the elected position of Marshall/Collector of the City of Overland, so long as that position is an elected position of the City of Overland.
B. 
For the purposes of this Section, Police Officer is defined as in this Chapter and the Statutes of the State of Missouri.
C. 
The term "campaign" as it is used in this Section includes: Canvassing, leafleting, allowing one's name to appear on any campaign literature or advertising, telephone solicitation, picketing, and providing labor or services to any political candidate or his/her organization or any political organization formed to advocate or oppose any ballot issue.
D. 
Violation of this Section shall subject any Police Officer of the City to termination of employment.