[Ord. No. 1410 §2, 12-18-2014[1]]
A.
There is hereby established the office of Chief of Police.
B.
The Chief of Police is designated the Chief Law Enforcement Officer
of the City, and all Policemen of the City are under the supervision
and command of the Chief of Police.
[1]
Editor's Note: Section 2 of this ordinance repealed former
Section 200.010, Police Department Established, as adopted and amended
by Ord. No. 142 §1(a), 11-5-1992.
[Ord. No. 1410 §3, 12-18-2014]
A.
Appointment. The Chief of Police shall be appointed
by the Mayor with the consent and approval of the majority of the
members of the Board of Aldermen.
B.
Removal.
1.
For the purposes of this Subsection, just cause exists when
the Chief of Police:
a.
Is unable to perform his or her duties with reasonable competence
or reasonable safety as a result of a mental condition, including
alcohol or substance abuse;
b.
Has committed any act, while engaged in the performance of his
or her duties, that constitutes a reckless disregard for the safety
of the public or another Law Enforcement Officer;
c.
Has caused a material fact to be misrepresented for any improper
or unlawful purpose;
d.
Acts in a manner for the sole purpose of furthering his or her
self-interest or in a manner inconsistent with the interests of the
public or the Chief of Police's governing body;
e.
Has been found to have violated any law, statute, or ordinance
which constitutes a felony; or
f.
Has been deemed insubordinate or found to be in violation of
a written established policy, unless such claimed insubordination
or violation of a written established policy was a violation of any
Federal or State law or local ordinance.
2.
Notwithstanding the provisions of Section 115.020 of this Code or Section 79.240, RSMo., to the contrary, the Chief of Police shall be subject to removal from office or employment by the Board of Aldermen if:
a.
The Board of Aldermen issues a written notice to the Chief of
Police whose removal is being sought no fewer than ten (10) business
days prior to the meeting at which his or her removal will be considered;
b.
The Chief of Police has been given written notice as to the
Board of Aldermen's intent to remove him or her. Such notice
shall include:
c.
The Chief of Police is given an opportunity to be heard before
the Board of Aldermen, together with any witnesses, evidence and counsel
of his or her choosing; and
d.
The Board of Aldermen, by two-thirds majority vote, finds just
cause for removing the Chief of Police.
3.
Upon the satisfaction of the removal procedure under Subsection (B)(2) of this Section, the Chief of Police shall be immediately removed from his or her office, shall be relieved of all duties and responsibilities of said office, and shall be entitled to no further compensation or benefits not already earned, accrued, or agreed upon.
[Ord. No. 142 §1(b
— e), 11-5-1992; Ord. No. 1410 §4, 12-18-2014; Ord. No. 1676, 1-17-2018]
A.
The Chief of Police shall, with the direction and supervision of
the Mayor and City Administrator, organize the Police Department in
such manner as he/she may deem necessary to efficiently and properly
conduct duties and responsibilities prescribed by law. The Chief of
Police shall prescribe and enforce such administrative rules and regulations
as may be necessary to carry out provisions of the ordinances of the
City and any other law, the enforcement and administration of which
are vested in the Police Department.
B.
The Chief of Police shall be responsible for day-to-day law enforcement
without direction from any City official other than the City Administrator.
In regard to the duties of the Chief of Police other than law enforcement,
the Chief of Police shall be responsible to and shall take direction
from the Board of Aldermen, Mayor and City Administrator. Police Officers
other than the Chief of Police shall be responsible to and shall take
direction from the Chief of Police and designee(s) of the Chief of
Police.
C.
The Chief of Police shall be custodian of all lost, abandoned or
stolen personal property in the City.
D.
The Chief of Police shall have the authority to employ, appoint,
promote, discipline and remove all of the Police Officers of the City
upon approval by the City Administrator and in conformance with applicable
City ordinances and laws of the State of Missouri.
[Ord. No. 142 §2, 11-5-1992]
A.
Every
officer of the Police Department shall have the power at all times
to make or order an arrest with proper process for any offense against
the laws of the City and to keep the peace.
B.
The
Police Department shall:
1.
Suppress crime;
2.
Protect life and property;
3.
Preserve law and order;
4.
Enforce the criminal and traffic laws of the State and traffic laws
of the City;
5.
Detect and apprehend criminal and traffic offenders;
6.
Recover stolen property; and
7.
Such other duties and responsibilities as may from time to time be
imposed by law or ordinance.
C.
Every
officer of the Police Department is empowered to serve and execute
all warrants, subpoenas, writs or other process issued by the judge
hearing and determining municipal ordinance violation cases in the
City at any place within the City limits or as otherwise authorized
by law.
[Ord. No. 142 §3, 11-5-1992; Ord.
No. 149 §§1 — 10, 1-14-1993]
A.
Missouri
Cities of the Fourth Class, Cottleville, Missouri, being such, have
the power to provide assistance to any other public safety agency
in the State or in a bordering State at the time of a significant
emergency under Section 70.837, RSMo.
B.
This
ordinance shall be known and may be cited as the "Mutual Aid Ordinance".
C.
The
Cottleville Chief of Police or his/her designee is hereby authorized
to provide assistance to any other public safety agency in the State
or in a bordering State at the time of a significant emergency.
D.
A "significant emergency" may be defined as, but not limited
to, the following:
1.
Natural or manmade disasters (explosions, bombings, airplane crashes,
nuclear waste or hazardous materials, accidents, tornados, severe
storms, etc.).
2.
Public disorders (large protests, civil disobedience, gang fights,
mob and crowd control, etc.).
3.
Other emergencies (hostage situations, snipings, felonies in progress,
multi-vehicle accidents, etc.).
E.
All
agencies agree that if this assistance takes the municipal Police
outside of their jurisdiction, they shall have all the powers, privileges,
duties and immunities as the members of the Law Enforcement Agency
requesting assistance and shall be under the direction of the requesting
agency's senior Law Enforcement Officer on duty.
F.
The
officer providing emergency assistance to another agency is subject
to recall by direct order of his/her superior officer.
G.
Each
government agency will provide Workers' Compensation and insurance
for the life and property of its own Law Enforcement Officers acting
upon a valid request by another agency.
H.
No
agency shall be liable to another agency for failure to respond to
any call or for delay, negligence or mistake in receiving or responding
to any call.
I.
Any
previous or existing "Emergency Police Mutual Assistance Contract"
between the City of Cottleville and any other agency is hereby null
and void.
J.
Employees
authorized to respond to emergency or mutual-aid requests outside
of the City limits shall not leave the City inhabitants with inadequate
Police protection or be absent for extended periods of time; the response
shall be in aid of and to assist the authorities of the County or
the municipality in which the emergency situation is located.
[Ord. No. 142 §4, 11-5-1992]
A.
There
is hereby established a reserve Police unit of not more than twenty-five
(25) members to be appointed by the Chief of Police. Reserve Police
Officers may be removed from the unit by the Chief of Police at any
time. Prior to assuming their duties, reserve Police Officers shall
successfully complete a prescribed course of not less than one hundred
twenty (120) hours of training.
B.
Prior
to appointment, candidates for reserve Police Officer shall have their
fingerprints taken and the Police Chief shall cause to be conduced
a thorough investigation of their background and qualifications.
C.
The
members of the Police reserve unit shall be, at all times during the
performance of their duties, subject to and act only under the direction
and control of the Chief of Police.
D.
Members
of the Police reserve unit shall receive no monetary compensation
for the services from the City.
E.
Members
of the Police reserve unit shall not be issued nor shall they carry
firearms until they have completed the firearms training mandated
by the Chief and then only with the permission of the Chief of Police
and while in uniform and in the performance of their official assigned
duties.
F.
Reserve
Police Officers, regardless of rank, shall at all times be subordinate
to any and all sworn members of the Police Department.
G.
Members
of the Police reserve unit shall be volunteers and shall have the
following powers and duties:
1.
Members shall be conservators of the peace and shall arrest or cause
to be arrested, without process, all persons who violate the peace
or are violating any municipal ordinances or any criminal law of the
State.
2.
Members may serve and execute all warrants for the violation of municipal
ordinances or the State criminal laws within the City limits.
3.
Members may direct motor vehicle traffic and assist in traffic control.
4.
Members may be assigned to maintain order and crowd control at parades,
athletic events and any other large public gatherings or functions
in the City when so assigned by the Chief of Police.
5.
Members shall assist the regular Police force during times of national
disasters, riots or other emergencies when such emergency is declared
pursuant to municipal ordinance or State Statute.
6.
Members shall perform such other duties as may be directed from time
to time by the Chief of Police when circumstances render it impractical
for sworn members of the Police Department to perform these duties.
[Ord. No. 343 §1, 2-5-1998]
The Chief of Police is authorized by the City, if and to the
extent authorized by State and Federal law and regulations, to retain
and utilize small amounts of controlled substances for the purpose
of training dogs to find controlled substances. In the event that
the Chief of Police or his/her designee undertakes such training,
the Chief of Police shall institute a policy for accounting for the
use and remainder of such controlled substances.
