[R.O. 2006 §110.400; CC 1986 §21.900; Ord. No. 1397, 1-16-2007]
A.
No
person shall be eligible to run for, or hold the office of City Marshal
who is not twenty-one (21) years of age, a citizen of the United States,
and who does not physically reside in or is not an inhabitant, resident,
and qualified voter of the City of Willow Springs for a period of
one (1) year prior to the time of his/her election; nor shall any
person be elected City Marshal who is in arrears for any tax, lien,
forfeiture or defalcation while in office.
B.
Any
person who files as a candidate for election to the office of City
Marshal shall file with the City Clerk proof that he/she has completed
the prescribed course of training requirements by the Missouri POST
Commission, of having a Class "A" certification of at least six hundred
(600) hours of Police training, and has a current Police Officer certification
by the State of Missouri at the time of filing for the elective office.
C.
The
City Marshal shall hold office for a term of four (4) years.
[RSMo. §79.055]
A.
Any
person who is elected to his/her first (1st) term as City Marshal
in a general election or in a special election in any Fourth Class
City of this State shall, within six (6) months of such election,
cause to be filed with the City Clerk of the City and Director of
the Department of Public Safety proof that he/she has completed the
training program formulated pursuant to Sections 590.170 and 590.175,
RSMo., or some other comparable training program of not less than
one hundred twenty (120) hours instruction approved by the Director
of the Department of Public Safety. If the newly elected City Marshal
is unable to complete the training program within six (6) months due
to the proper course not being available from the Department of Public
Safety, an extension may be granted until such a course is made available.
B.
Whether
any person elected to his/her first (1st) term as City Marshal attends
such a training program prior to or after assuming the duties of his/her
office shall be left to the discretion of the Board of Aldermen of
the City from which he/she was elected. During the time that a Marshal-elect
is enrolled in such a training program, he/she shall be hired as a
City employee and receive as full compensation from the City from
which he/she was elected compensation at a rate equal to that of City
Marshal.
[R.O. 2006 §110.410; CC 1986 §21.920; Ord. No. 1513 § I, 10-20-2016]
A.
It shall be the duty of the City Marshal to attend all meetings of
the Board of Aldermen unless other urgent duties shall require his/her
attention elsewhere. He/she shall execute all orders and serve all
notices which may be necessary to be executed or served, when directed
to do so by the Mayor or Board of Aldermen.
B.
It shall be the duty of the City Marshal to attend and provide security
for the City's municipal court proceedings.
C.
It shall be the duty of the City Marshal to attend special organized
events when directed to do so by the Mayor or Board of Aldermen.
D.
The City Marshal shall wear some badge of office in plain view, and
his/her assistants shall also wear badges so that the same may be
plainly seen.
E.
The City Marshal shall be subject to the supervision of the Mayor,
City Administrator and the Board of Aldermen.
F.
The City Marshal shall receive such salary or fees as may be by ordinance
or law allowed.
G.
The City Marshal may also be appointed Chief of Police by the Mayor
with the consent of the City Council and in such event shall in addition
to the above described duties be charged with those responsibilities
of Chief of Police as described in this Chapter.
[R.O. 2006 §200.010; CC 1986 §71.010]
This Chapter consists of the rules and regulations for the operations of the Police Department of this City. To the extent that this Chapter (relating to personnel) conflicts with Chapter 117 of this Code, this Chapter shall prevail. Police training requirements and minimum standards for probational and permanent employment shall be in accordance with State Statutes.
[RSMo. §85.620]
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 Marshal.
They may exercise such powers in areas leased or owned by the municipality
outside of the boundaries of such municipality. The Marshal and Policemen
shall be conservators of the peace and shall be active and vigilant
in the preservation of good order within the City.
The Board of Aldermen of the City may by ordinance enter into
a contract or agreement with any other political subdivision for the
provision of Police services by one political subdivision to another
on request as provided for in Section 70.815, RSMo. The terms "Chief of Police", "Police", "Police Officer" and "Police Department", as used herein, shall refer
to Law Enforcement Officers of the contracting entity.
[RSMo. §590.040.1(4)]
Persons licensed and commissioned as Law Enforcement Officers
within the City before July 1, 2002, may retain licensure with one
hundred twenty (120) hours of basic training.
[R.O. 2006 §200.020; CC 1986 §71.020; Ord. No. 1518 § I, 2-16-2017]
The Chief of Police is the Director of the Police Department.
He/she shall have immediate and direct control of the department,
subject to the supervision of the Mayor, City Administrator and Board
of Aldermen and subject to such other rules, regulations and orders
as the City Administrator and Board of Aldermen prescribe. He/she
shall promulgate and enforce orders, rules and regulations consistent
with the Code and with the rules, regulations and orders of the City
for the efficient operation of the Police Department. He/she shall
be on call at all times to assist his/her subordinates and shall devote
his/her entire time as necessary to the discharge of his/her official
duties. He/she shall notify City dispatcher upon leaving or returning
to the City, notifying said dispatcher who the senior officer will
be during his/her absence.
[Ord. No. 1518 § II, 2-16-2017]
The Assistant Police Chief shall have supervisory and administrative
management over the Willow Springs Police Department as directed by
the Police Chief to assist in all of the general activities of the
entire Police Department staff. He/she shall support the Police Department
in providing training, and advice for staff. He/she shall assist in
formulating and enforcing orders, rules and regulations consistent
with this Code and with the rules, regulations and policies, Federal,
State and municipal, for the efficient operation of the Police Department.
The Assistant Police Chief shall perform the duties of the Police
Chief in his/her absence. The Assistant Police Chief works under the
general guidance and direction of the Police Chief and the City Administrator.
[R.O. 2006 §200.030; CC 1986 §71.030]
A.
Duties
are as follows:
1.
Records. He/she shall keep such records and make
such reports of the activities of his/her department as may be required
by the State Statutes, City ordinances and/or Board of Aldermen.
2.
Evidence. He/she shall be custodian of all evidence
for use in any case before the City.
3.
Property. He/she shall be custodian of all lost,
abandoned or stolen property recovered in the City.
4.
Training. He/she is responsible for the training
of all Police Officers serving under him/her and shall ensure the
provisions of State Statutes and all local training programs are complied
with.
5.
Disposition of records. The retention and disposition
of public records shall be in accordance with municipal records manual
as issued by the Secretary of State.
6.
News releases. He/she shall make news releases to
the press when called upon to do so. Information determinations to
any case or cases shall not under any circumstances be released.
7.
Compensation. He/she shall be compensated for his/her
duties as specified by the Board of Aldermen.
8.
Personnel files. He/she shall start and maintain
a file for each officer appointed to the Police Department. This file
or jacket will include the application for appointment, equipment
check-out sheet for the officer, reference letters and all other pertinent
data on the officer. All reprimands, etc., thank you letters will
be kept as a permanent part of this file and upon termination of the
officer, the file in its entirety will be placed in a sealed envelope
and kept permanently for future reference.
9.
Jail and prisoners. He/she shall be in charge and
shall oversee all matters pertaining to the City Jail and all prisoners
confined therein. A separate log book shall be maintained for this
purpose.
[R.O. 2006 §200.040; CC 1986 §71.040; Ord. No.
1518 § III, 2-16-2017]
For this Chapter, all Police (including the Chief of Police
and Assistant Police Chief) are considered Police Officers.
[R.O. 2006 §200.050; CC 1986 §71.050; Ord. No.
1518 § IV, 2-16-2017[1]]
A.
The appointment or termination of an Assistant Police Chief shall
be by recommendation by the Police Chief to the Board of Aldermen
and approved by a majority vote of the Board of Aldermen. Assignment
of a Police Officer is at the discretion of the Chief of Police.
B.
Job performance evaluations will be done on the Police Chief and
Assistant Police Chief after the first six (6) months of appointment
and every year thereafter by the City Administrator and forwarded
to the Board of Aldermen for review.
[1]
Editor’s Note: Ord. No. 1518 also changed the title
of this Section from "Assignment" to "Appointments, Termination, Evaluation
And Assignment."
[R.O. 2006 §200.060; CC 1986 §71.060]
All members of the department shall be hired by the City after
being interviewed by the Chief of Police. Applications for employment
shall be made to the Police Department.
[R.O. 2006 §200.070; CC 1986 §71.070]
Any Police Officer before being employed as a full-time officer
shall present a doctor's statement certifying him/her to be in good
health. Said certificate shall be placed in his/her personnel file.
All full-time Police Officers shall be required to take a yearly medical
examination and submit said statement to the Chief of Police to be
forwarded to the Board of Aldermen.
[R.O. 2006 §200.080; CC 1986 §71.080]
A.
Each
Police Officer shall:
1.
Be familiar with every part of town, observing anything unusual to
assist in the prevention of crime.
2.
Examine all doors and windows of commercial and industrial buildings
at night and report to the owner thereof any that are not properly
secured.
3.
Report whenever he/she has reasonable grounds to suspect that any
building or part thereof is being used in violation of the law or
is the resort for persons of known bad character and be prepared to
give information relative to the nature of business conducted by firms
on his/her beat.
4.
He/she shall not leave the City limits. Willow Springs Police have
no authority outside the City limits. At no time will the duty officer,
in the City Police car, leave the City limits except under the following
conditions:
5.
Enforce all traffic ordinances in addition to his/her other duties
and issue summons to violators.
6.
Observe and report all violations of City ordinances and State and
Federal law and arrest violators of such law.
7.
Be responsible for the care and operation of the vehicle assigned
to him/her.
[R.O. 2006 §200.090; CC 1986 §71.090]
It is hereby made the duty of the Police Officers of this City,
when directed so to do by the City Administrator, Mayor, Mayor Pro
Tem of said City in absence of Mayor, to enter into and be present
at all public, semi-public or private meetings held or conducted in
said City at any opera house, public meeting hall or other places
of assembly commonly used for public, semi-public or private meetings
and gatherings and to preserve order at such meetings and to see that
the fire regulations of said City are enforced. This Section shall
not apply to any gathering held in a private home nor to any church
or other purely religious gathering.
[R.O. 2006 §200.100; CC 1986 §71.100]
A roster of special (part-time) officers shall be maintained
at all times. Such officers shall be employed by the Chief of Police
with approval of the Board of Aldermen to augment City Police force.
They shall be compensated as prescribed by the Board of Aldermen.
Special (part-time) Officers shall obey all rules of the Police Department
applicable to them.
[R.O. 2006 §200.110; CC 1986 §71.110]
At least one (1) (part-time) female officer shall be on call
to aid in apprehension and search of female suspects.
[R.O. 2006 §200.120; CC 1986 §71.120]
A.
Any
of the following is sufficient cause for suspension or discharge of
any member of the Police Department:
1.
Drinking intoxicating liquor while on duty in uniform.
2.
For intoxication while either on or off duty.
3.
Willful disobedience to any order lawfully issued to him/her.
4.
Disrespect shown to the Mayor, City Administrator or Aldermen.
5.
Incompetency in the performance of his/her duties.
6.
Any neglect of duty.
7.
Discussing any investigation or proposed movement of the department
to any person not a member of the department, City Administrator or
the Board of Aldermen or for discussing the internal department, in
a manner likely to disrupt the movement or discipline of the department,
with any person not a member of the department, City Administrator
or the Board of Aldermen.
8.
Unnecessary and unwarranted violence toward a prisoner.
9.
Accepting any gratuity for any service or favor rendered.
10.
Cowardice or lack of energy which may be construed as either incompetency
or gross neglect of duty.
11.
Sleeping while on duty.
12.
Violating any of the rules, regulations or orders of the department
or of the City, if same be in writing.
13.
Indecent, profane or harsh language while on duty or in uniform.
14.
Absence without leave.
15.
Conduct unbecoming an officer or a gentleman.
16.
Conduct detrimental to the good order and discipline of the department.
17.
Careless handling of City property, either fixed or movable.
18.
Conviction of any felony or misdemeanor.
19.
Repeated violation of City ordinances.
20.
Failure to cooperate with the City Prosecutor in preparation or trial
of any case or for providing assistance to a defendant or defense
counsel in any legal action brought by the City.
21.
Loss of firearm or other weapon while on duty.
22.
Leaving City limits in Police car without proper authority.
[R.O. 2006 §200.130; CC 1986 §71.130]
When a defendant is entitled to bail, the Municipal Judge shall
admit him/her to bail, but if the court is not in session, the Chief
of Police of the City may admit the defendant to bail in an amount
not less than ten dollars ($10.00) nor more than five hundred dollars
($500.00).
[R.O. 2006 §200.140; CC 1986 §71.140]
When a Police Officer of the City shall have a person under
arrest and in custody by virtue of a warrant issued upon a complaint
or information charging the commission of misdemeanor or upon a warrant
of commitment for failure to furnish bail or failure to appear in
court when scheduled, the Chief of Police may admit the defendant
specified and if the Municipal Court is not in session, the Chief
of Police may admit the defendant to bail in an amount not less than
ten dollars ($10.00) nor more than five hundred dollars ($500.00)
by requiring the deposit with the Chief of Police of cash or a personal
bond with sufficient sureties to be approved by the Chief of Police.
[R.O. 2006 §200.150; CC 1986 §71.150]
In the event a defendant charged with a misdemeanor, either
in custody or on bond, desires to enter a written plea of guilty without
personally appearing before the Municipal Court of the City, said
defendant may, with the permission of the Municipal Judge, sign a
written waiver of his/her right to appear before the Municipal Court
and entering his/her plea of guilty upon the payment of the fine and
costs, if any, recommended by the judge of the Municipal Court. The
filing of said written entry of appearance shall in all respects be
considered as a personal appearance and personal plea of guilty when
so filed and accepted by the Municipal Judge.
[R.O. 2006 §200.160; CC 1986 §71.160]
Any member of the department shall go instantly to the scene
of any disturbance or breach of the peace occurring within his/her
vicinity, use his/her best effort to restore peace and quiet, making
such arrests as may be necessary and notify and make necessary reports
to the Police Department.
[R.O. 2006 §200.170; CC 1986 §71.170]
All members of the department are required to speak the truth
at all times and under all circumstances, whether under oath or not.
If forbidden by the rules of the department to divulge information,
they will state "No Comment".
[R.O. 2006 §200.180; CC 1986 §71.180]
Any member of the department, when called upon to do so by any
person under any circumstances, shall give his/her name in a respectful
and courteous manner.
[R.O. 2006 §200.190; CC 1986 §71.190]
Every member of the department is expected to discharge his/her
duties with coolness and firmness in all cases; and in times of extreme
peril all available officers shall act together and assist and protect
each other in restoring peace and order. Anyone shirking his/her duty
in case of danger or responsibility in an emergency shall be considered
unworthy of a place in the department and shall be discharged.
[R.O. 2006 §200.200; CC 1986 §71.200]
All members of the department shall be particularly careful
not to interfere officiously or unnecessarily in the private business
of any person, but when required to act in the discharge of their
duty they shall do so with energy and decision and in the proper exercise
of their authority they will receive the fullest support of the department.
[R.O. 2006 §200.210; CC 1986 §71.210]
Officers shall appear in court on any case in which they are
witnesses. If duty demands their absence from the Municipal 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.
[R.O. 2006 §200.220; CC 1986 §71.220]
Every member of the department shall wear the uniform as the
Chief of Police may from time to time prescribe. The City shall provide
adequate uniforms to each Police Officer. Each member of the department,
when on duty, shall carry such equipment as the Chief of Police may
prescribe or adopt and when in uniform keep his/her badge always in
sight. No member of the department shall ever appear for duty in civilian
clothing without special permission of the Chief of Police.
[R.O. 2006 §200.230; CC 1986 §71.230]
No member of the department shall ever wear his/her uniform
or any part of it when off duty, except with the express permission
of the Chief of Police.
[R.O. 2006 §200.240; CC 1986 §71.240]
All members of the department will be required to be neat in
appearance and keep their uniforms and equipment in good condition
and in perfect order and repair.
[R.O. 2006 §200.250; CC 1986 §71.250]
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
Mayor or Chief of Police when notified of his/her suspension.
[R.O. 2006 §200.260; CC 1986 §71.260]
Although certain hours are required for the performance of duty
on ordinary occasions, members must be prepared at all times to act
immediately on notice that their service is required. Members of the
department shall be considered as always on duty for the purpose of
discipline. The hours of duty will be regulated by the Chief of Police.
All members of the department shall be compensated as necessary by
ordinance.
[R.O. 2006 §200.270; CC 1986 §71.270]
All members of the Police Department are expected to maintain
a personal appearance that will reflect dignity and professionalism
upon the department. The Chief of Police may from time to time prescribe
certain requirements as to personal appearance and grooming, which
shall be mandatory for all members of the department. These rules
may include requirements as to grooming (such as the maximum hair
length or a requirement that officers be clean shaven) and personal
cleanliness.
[R.O. 2006 §200.280; Ord. No. 1146 §§1 — 3, 9-13-1993]
A.
No
Police Officer shall be employed by the City of Willow Springs unless
such Police Officer shall have previously completed one hundred twenty
(120) hours of training and be a certified Police Officer prior to
his/her employment.
B.
No
Reserve Officer shall be appointed unless he/she shall have completed
the basic training program or take appropriate steps to qualify for
certification within one (1) year after his/her initial appointment
as a Reserve Officer. Failure of such Reserve Officer to become certified
within one (1) year shall result in his/her immediate termination.
C.
No
Police Office or Reserve Officer shall be required to have no more
or less than one hundred twenty (120) hours of training or certification
as a Police Officer in the City of Willow Springs from and after September
13, 1993.
[R.O. 2006 §200.290; Ord. No. 1180 §1, 9-10-1995]
The City of Willow Springs shall participate in the formation
of a Major Case Squad with other governmental units located in Reynolds,
Howell, Oregon, Shannon, Texas, Wright, Ozark and Douglas Counties
to be known and designated as the "Greater Ozarks Major Case Squad".
[R.O. 2006 §200.300; Ord. No. 1229 §1, 1-12-1998]
The Willow Springs Chief of Police be and hereby is authorized
and directed on behalf of the City to execute any and all documents
necessary in order to form and participate in a Multi-Jurisdictional
Enforcement Group, Section 195.505, RSMo.
[R.O. 2006 §215.190; Ord. No. 1106 Arts. I — II, 6-10-1991; Ord. No. 1183 §1, 12-20-1995]
A.
The
following rules and regulations are hereby adopted to limit the use
of excessive force. The City of Willow Springs hereby adopts and will
enforce a policy prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in
non-violent civil rights demonstrations. The City also prohibits the
physical barring of any entrance or exit to such facility and will
enforce all applicable State laws regarding same.
B.
Any
person found to be violating any provision of this Section shall be
served by the City with written notice stating the nature of the violation.
C.
Any
person guilty of this violation shall be guilty of a misdemeanor and
on conviction thereof shall be fined in the amount not exceeding one
hundred dollars ($100.00) for each violation. Each day in which any
such violation shall continue shall be deemed a separate offense.
D.
Any
person violating any of the provisions of this Section shall become
liable to the City for any expense, loss or damage occasioned the
City by reason of such violation.
