The Mayor with the approval of a majority of the members of the Board of Aldermen shall appoint a Chief of Police who shall perform all duties required of the Marshal by law and any other Police Officers found by the Board of Aldermen to be necessary for the good government of the City. The Chief of Police shall be twenty-one (21) years of age or older.
[R.O. 2004 §110.020; CC 1990 §110.020; Ord. No. 523 §§1 — 4, 8-22-1983; Ord. No. 1352 §1, 7-21-2014; Ord. No. 1447, 5-21-2018]
The duties of the Chief of Police shall be to oversee the Police Department and its activities, to provide scheduling of officers in such a way as to provide adequate protection to the City of Pevely and its residents and businesses, to enforce all rules and regulations of the Police Department which have been or which may subsequently be approved by the Board of Aldermen, to submit facts to the Board of Aldermen in the event of violation of the above-mentioned rules and regulations when such facts represent reason for reprimand, suspension or dismissal of a fellow officer, and to report to the Board of Aldermen on the activities and progress of the Police Department.
The Chief of Police shall be an officer of the City of Pevely, appointed by the Mayor, with the consent and approval by the Board of Aldermen, and shall be directly responsible to the Mayor of the City of Pevely.
The Chief of Police shall have the power to enact such rules and regulations for the operation of the Police Department as she/he deems necessary and convenient for the orderly operation of the Police Department; provided, however, that such rules and regulations shall be consistent with the rules and regulations of the City of Pevely and shall not conflict with any existing rules or regulations established by the Board of Aldermen, the Ordinances of the City of Pevely, or the Revised Statutes of the State of Missouri.
The salary of the Police Chief of the City of Pevely shall be set by the Board of Aldermen.
The Police of the City may be appointed in such numbers, for such times and in such manner as may be prescribed by ordinance. They shall have power to serve and execute all warrants, subpoenas, writs or other process and to make arrests in the same manner as the Chief of Police. They may exercise such powers in areas leased or owned by the municipality outside of the boundaries of such municipality. The Chief of Police and Policemen shall be conservators of the peace and shall be active and vigilant in the preservation of good order within the City.
[R.O. 2004 §200.010; CC 1990 §200.010; Ord. No. 534 §§1 — 2, 12-8-1983; Ord. No. 1502, 10-21-2019]
A manual establishing and adopting a Policemen's Manual in Law Enforcement Code of Ethics, General Procedures of Operations, Legal Power, and Duties, Providing Disciplinary Action is incorporated by reference as if fully set forth herein.
Each and every Police Officer will be given a copy of said manual to be returned upon his or her termination.
[Ord. No. 1502, 10-21-2019]
The Chief of Police for the City shall create, maintain, and keep safe a separate General Orders Manual for the express purpose of communicating and memorializing the policies and practices of which he or she has instructed the Police Officers of the City of Pevely.
The General Orders Manual shall be separate from the Employment Policies and Practices Manual, which the Mayor of the City of Pevely in his or her role as top Law Enforcement Officer for the City shall have discretionary authority to categorize security-sensitive policies and procedures.
The Mayor, at his or her sole discretion, may consult with the City Attorney or any other City Officer as may be necessary to make a well-informed decision as to the content of said manual.
Each Police Officer of the City of Pevely shall be furnished said manual in either paper or electronic form and shall be bound to conduct himself or herself in accordance with said manual.
Upon termination of employment of each Police Officer of the City of Pevely, said Officer shall return said manual or be removed from the electronic list of persons able to access the manual.
Editor's Note: This ordinance repealed former Section 200.035, Chief of Police Special Orders Manual, adopted by Ord. No. 1458, 6-18-2018.
[R.O. 2004 §200.020; CC 1990 §200.020; Ord. No. 602 §§1 — 5, 5-5-1986; Ord. No. 789 §1, 12-16-1993]
Any Police Officer of the City of Pevely who completed the basic Police training program as established by Chapter 590, RSMo., shall have the authority to respond to an emergency situation outside the boundaries of the City.
No Police Officer shall be required by reasons of this Section to leave the jurisdiction to respond to an emergency situation, but said Police Officer shall use his/her said discretion and judgment as to leaving the City to respond to any emergency situation. It shall be the policy of the City that said Police Officers shall not leave the City inhabitants with inadequate Police protection or be absent for extending periods of time, but that 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. No Police Officer of the City shall be authorized to make an arrest by reason of his/her 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 serious felony endangering the lives or threatening serious property damage to one (1) or more persons in the area.
The authority contained herein shall permit the response by one (1) or more City Police Officers in an area surrounding this City or an area of fifteen (15) miles or if the Officers are in fresh pursuit of a suspected violator under the conditions referred to in Section 544.157, RSMo., as amended, when anywhere within the State of Missouri.
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.
As used in this Section, "emergency situation" means any situation in which the Law Enforcement Officer has a reasonable belief that a crime is about to be committed, is being committed, or has been committed involving injury or threat of injury to any person, property, or governmental interest and such officer's response is reasonably necessary to prevent or end such emergency situation or mitigate the likelihood of injury involved in such emergency situation. The determination of the existence of any emergency situation shall be in the discretion of the officer making the response or in the discretion of an officer or governmental officer of the political subdivision in which the emergency situation is alleged to be occurring.
[R.O. 2004 §200.030; CC 1990 §200.030; Ord. No. 627 §2, 9-9-1987]
For the purpose of this Section, the term "Major Case Squad" shall mean any formation, operation, organization or cooperative action between any lawful Police authority or agency of any County, Governing Body, any municipal government or the State of Missouri and the City of Pevely, Missouri, the purpose of which is intensive professional Police investigation of certain individual crimes that may occur in their general geographical area and which is operated and activated on request of a County Sheriff, County Police Superintendent or the Police Chief of a political subdivision wherein a crime has occurred.
The officers of the Pevely Police Department are authorized to participate in and cooperate with any Law Enforcement Officers of jurisdictions in any Major Case Squad operation or formation. The officers designated to act as the Major Squad operation will be so designated by the respective County Sheriff, County Police Superintendent or Chiefs of Police and, when acting outside of the City of Pevely as a member of the Major Squad operation, shall be considered to be on active duty the same as if acting within the boundaries of the City of Pevely, Missouri.
[R.O. 2004 §202.010; Ord. No. 1021 §1, 2-20-2003; Ord. No. 1489, 7-15-2019]
There is hereby established a Police Personnel Board, as follows:
The Police Personnel Board shall be composed of eight (8) members: one (1) of whom shall be a member of and selected by the Board of Aldermen of the City of Pevely and one (1) of whom shall be a member of the Pevely Police Department and recommended for the position by the Chief of Police, said person to carry the rank of sergeant or above. Both of these members shall be appointed for the term of one (1) year by the Mayor of the City with the consent of the majority of the elected members of the Board of Aldermen. The other four (4) members of the Police Personnel Board shall be appointed by the Mayor with the consent of the majority of the elected members of the Board of Aldermen, two (2) of which shall serve for a period of two (2) years and two (2) of which shall serve for a period of three (3) years. Two (2) alternate members may be appointed to serve in the absence of or disqualification of the regular members and shall serve for three (3) years. The Mayor, with the consent of a majority of the members of the Board of Aldermen, shall fill vacancies for any unexpired term. A member of the Police Personnel Board may be removed in the same manner as other appointed municipal officers pursuant to Section 79.240, RSMo. Members of the Police Personnel Board shall serve until their successors shall have been appointed and qualified. Members of the Board serve without pay for such service.
[R.O. 2004 §202.020; Ord. No. 1021 §1, 2-20-2003]
Persons appointed as civilian members of the Police Personnel Board shall as of the time of their appointment be at least twenty-one (21) years of age and a qualified voter of the City of Pevely, Missouri. In the case of the member of the Pevely Police Department, the member shall be a full-time member of the Pevely Police Department who carries the rank of sergeant or above, not including the Chief of Police. The other members of the Board shall be residents of the City of Pevely and any of these members who cease to be a resident of the City shall automatically cease to be a member of this Board. Members of the Board shall be required to take an oath of office as prescribed by Section 115.050 of the Municipal Code of the City of Pevely for City Officers.
[R.O. 2004 §202.030; Ord. No. 1021 §1, 2-20-2003; Ord. No. 1459, 6-18-2018]
The member of the Police Personnel Board who is also a member of the Board of Aldermen shall serve as Chairman of the Police Personnel Board. The Police Personnel Board shall elect one (1) of its members to serve as Vice Chairman and the Personnel Board shall adopt and amend from time to time rules governing its internal operations. The Board shall keep records of its meetings and activities. The Police Board shall file with the City Clerk the records of its meetings and activities and its internal operating rules. A majority of the members of the Personnel Board shall constitute a quorum and the action of a majority of the members present at the meeting at which a quorum is present shall be the action of the Personnel Board.
[R.O. 2004 §202.040; Ord. No. 1021 §1, 2-20-2003]
The Police Personnel Board shall have the following powers and duties:
The Board shall be empowered to consider and make recommendations, along with the Police Department, concerning Police personnel policies.
The Board may from time to time be given additional related assignments or responsibilities as deemed appropriate by the Mayor and Board of Aldermen.
The Board shall, if requested by the Mayor or Board of Aldermen, interview prospective applicants for the job of Police Chief, Police Officers and dispatchers for the City. In doing so, the Board may consider recommendations of the Police Chief and any relevant factors, including training and experience, aptitude, knowledge, character, existence of criminal record, health, physical fitness, marksmanship and other qualification as, in the judgment of the Board, shall enter into a proper determination of the relative fitness of the applicants. Examination may be conducted and same may be either written, oral or physical and may evaluate training and experience, require a demonstration of skill or any combination of these factors. Political or religious opinions or affiliations shall not be considered in determining the qualifications of an applicant and the Board shall not elicit information concerning same. The Board shall make recommendations to the Board of Aldermen; however, the appointing authority shall remain in the Mayor with the consent of a majority of the elected members of the Board of Aldermen.
The Mayor and Board of Aldermen may take such disciplinary or other action affecting members of the Police Department as they deem appropriate. If a Policeman or dispatcher has received notice of suspension from duty, demotion or discharge or recommendation for discharge, he/she shall be entitled to a hearing. The Policeman or dispatcher shall, in writing, request a hearing within ten (10) days of being notified of a suspension from duty, demotion or discharge, recommendation for discharge, or any other discipline that cause the Policeman or dispatcher to suffer a loss of compensation. Upon receiving such request for a hearing, the City Clerk shall immediately transmit it to the Mayor who upon receipt shall refer it for hearing by the Police Personnel Board for a recommendation from such action as the Board deems appropriate. If requested by the Mayor and Board of Aldermen, the Police Personnel Board shall hold public hearings with reference to disciplinary action against any member of the Police Department utilizing the following procedure:
[Ord. No. 1460, 6-18-2018]
Charges as to the factual basis for the disciplinary action shall be referred in writing by the Mayor. A copy of the charges shall be delivered to the member of the Police Department involved or mailed by registered mail to him/her at his/her last known address.
Thereafter, the Personnel Board shall hold a public hearing on the matter and shall give written notice of the date, time and place of such hearing to the affected member of the Police Department. At such hearing, the Police Personnel Board shall hear the evidence of the City; and the affected member of the Police Department shall be entitled to be present with counsel and shall be entitled to cross-examine witnesses and to present evidence.
Promptly after the conclusion of the public hearing, the Police Personnel Board shall in open or closed session determine what action, if any, should be taken with respect to such officer; shall reduce their recommendation to writing; and shall immediately certify same to the City Clerk. Such recommendations shall be brought before the Board of Aldermen at its next regular meeting or at a special meeting held for that purpose. The final action shall be taken by the Mayor and Board of Aldermen.