Article I Establishment And General Provisions
Article II Police Committee
[R.O. 2012 § 200.010; Ord. No. 22 § 1, 3-3-1975]
There is hereby created a Police Department within the City of Kimberling City, Missouri.
[R.O. 2012 § 200.015; Ord. No. 332, 1-20-2009]
This Chapter supplements and adds to the Police Department and Municipal Employee Policy and Procedure Manuals. To the extent that this Chapter on regulations is promulgated by the Mayor and Board of Aldermen, under the authority of this Chapter, conflict with the provisions of the Policy and Procedure Manuals of the City of Kimberling City, the Policy and Procedure Manuals as currently approved by the Board of Aldermen shall prevail.
[R.O. 2012 § 200.020; Ord. No. 22 § 2, 3-3-1975]
The Police Department shall consist of a Police Officer who shall be Chief of Police and other patrolmen, when and if needed.
[R.O. 2012 § 200.030; Ord. No. 159, 12-21-1993]
The employees of the Police Department shall follow and adhere to the labor rules set forth in the Fair Labor Standards Act of 1938, as amended.
[R.O. 2012 § 200.040; Amend. #5 to Ord. No. 22, 3-2-1981]
The compensation of the Chief of Police and other patrolmen shall be established by the Board of Aldermen from time to time as they shall deem it necessary.
[R.O. 2012 § 200.050; Amend. #1, 11-10-1976; #5, 3-2-1981; all to Ord. No. 22]
Special Officers. The Chief of Police, with the approval of the Mayor and Board of Aldermen of the City of Kimberling City, Missouri, may appoint Special Police Officers as an Auxiliary Police Force. Special Policemen shall be a resident of the State for at least three (3) years prior to appointment.
Special Officers are to become active when ordered by the Chief of Police and only have the authority as regular Police Officers with the same duties, and powers and privileges while assisting the members of the Police Department within the City of Kimberling City.
During any period of temporary active duty performed under the provisions of this Article, the Special Officers shall serve without compensation unless the Board of Aldermen expressly, by appropriate action, provides to the contrary.
The City of Kimberling City shall provide said Special Officers with proper uniforms suitable for the season of the year in which he/she is called to duty, also other necessary equipment that he/she may need in the performance of his/her duties.
Upon being relieved of active duty, such Officers shall immediately revert to the status of Auxiliary Police Officers and shall not be, except during any time subsequently recalled to active duty, deemed to be a commissioned Police Officer for the City of Kimberling City, Missouri.
Before any person shall be appointed a Special Police Officer, the Chief of Police shall certify to the Police Committee that the candidate is of good moral character, over the age of twenty-one (21) years, and the results of a criminal record check. The Police Committee, after completing its own investigation, shall forward to the Board of Aldermen its recommendation for approval or disapproval of said candidate.
The Special Officers shall be sworn in as Commissioned Police Officers by the Mayor for a term of two (2) years and shall have the rights, duties and responsibilities of regular Police Officers during any period of time in which they are on active duty.
The Chief of Police shall issue and be responsible for all Police Department uniforms and badges and all other equipment deemed by him/her to be necessary and proper for the faithful and diligent performance of their duties and to see that said equipment shall be in good condition as when issued, ordinary wear and tear excepted.
The Chief of Police shall be responsible for the proper training and education of all Special Auxiliary Police Officers and shall keep the Police Committee advised of the progress of same.
Any Special Police Officer may be removed in the same manner and form prescribed by Statutes for removal of other appointed Officers in cities of the same class, namely RSMo. 79.240.
[R.O. 2012 § 200.060; Ord. No. 26 § 1, 1-9-1984]
Any Police Officer of Kimberling City may arrest on view, and without a warrant, any person he/she sees violating or who he/she has reasonable grounds to believe has violated any law of this State, including a misdemeanor, or has violated any ordinance over which such Officer has jurisdiction. The power of arrest authorized by this Section is in addition to all other powers conferred upon Law Enforcement Officers, and shall not be construed so as to limit or restrict any power of a Law Enforcement Officer.
The Police Officers shall preserve the public peace and safety and have such other duties as may be assigned to them by the Chief of Police or the Mayor with the approval of a majority of the Board of Aldermen. Also such duties as may be assigned to them in accordance with and as provided in the present and future ordinances of the City of Kimberling City and in accord with the recommendations promulgated by the City Police Committee and approved by the Board of Aldermen.
[R.O. 2012 § 200.075; Ord. No. 300 § 1, 5-17-2005]
Under the authority set forth in Section 70.837, RSMo., the City of Kimberling City Police Department, Public Works Department and Emergency Management Unit or Department formed pursuant to Chapter 44, RSMo., are hereby authorized to respond and provide assistance as requested in any mutual aid or emergency aid request.
The Chief or highest ranking officer of the public safety agency may render aid to any requesting agency as long as he/she is acting in accordance with the policies and procedures set forth by the governing body of the public safety agency and the Board of Aldermen of the City of Kimberling City in accordance to Section 70.837.1, RSMo.
[R.O. 2012 § 200.170; Ord. No. 23 § 1, 3-3-1975]
There is hereby established a Police Committee for the City of Kimberling City, Missouri.
[R.O. 2012 § 200.180; Amend. #1 to Ord. No. 23, 9-5-1978]
The Police Committee shall consist of five (5) regular members and one (1) member of the Board of Aldermen who shall serve as an ex-officio member, all of whom shall be residents of the City of Kimberling City, who shall have been residents of the City for one (1) whole year next proceeding their appointment, and who shall serve their terms specified in their appointments and until their successors are appointed and have qualified.
[R.O. 2012 § 200.190; Ord. No. 23 § 3, 3-3-1975]
No person shall serve as a member of the Police Committee who shall not have attained the age of twenty-one (21) years prior to the date of his/her appointment, and no person shall serve on such Board if he/she is in arrears for any taxes owed to the City, or who is not qualified to vote in the City municipal elections, or who has ever been convicted of a felony.
[R.O. 2012 § 200.200; Ord. No. 23 § 4, 3-3-1975; Amend. #1 to Ord. No. 23, 9-5-1978]
The terms of the appointments shall be as follows:
Any member of said Committee shall be eligible for reappointment. The term of the Chairman, who shall be appointed by the Mayor and approved by the Board of Aldermen, shall be for one (1) year.
[R.O. 2012 § 200.210; Ord. No. 23 § 5, 3-3-1975]
All appointments to the Police Committee and removals for cause shall be made by the Mayor with the approval of the Board of Aldermen.
[R.O. 2012 § 200.220; Ord. No. 23 § 6, 3-3-1975]
The Police Committee shall work with the Chief of Police and shall be responsible for the preparation of reasonable and necessary rules and regulations governing the administration organization and personnel of the Police Department. When these rules and regulations are approved by the Board of Aldermen, the Police Committee shall assure compliance. The procedures and controls apply to members of the Special Police during any period of active duty as they do for regular members of the Police Department.
[R.O. 2012 § 200.230; Ord. No. 23 § 7, 3-3-1975]
The Police Committee shall, as a Board, have the power to investigate any allegations or complaints regarding any action or actions of any Police Officer of the City and shall promptly report the result of that investigation, after a hearing, to the Mayor and Chief of Police in writing. Said report shall set forth the action complained of, results of the investigation, and recommendations as to what corrective action should be taken by the Board of Aldermen or the Chief of Police, and shall state the vote of said Board upon the action recommended.
[R.O. 2012 § 200.240; Ord. No. 23 § 8, 3-3-1975]
The Police Committee shall not usurp or exercise any of the powers of the Chief of Police over the members of the Police Department directly, but shall meet with the Chief, as a body, and advise him/her of any matter they believe requires attention or remedy. Disagreements or differences of opinion between the Police Committee and the Chief shall be referred to the Mayor and the Board of Aldermen for decision.
[R.O. 2012 § 200.250; Ord. No. 23 § 9, 3-3-1975]
The Police Committee shall review all City ordinances and shall become familiar with the Statutes of Missouri regarding Police Departments in cities of the same class as the City of Kimberling City, and shall recommend such legislation as is necessary and/or desirable to assure adequate police protection for the community and enforcement of City ordinances.
[R.O. 2012 § 200.260; Ord. No. 23 § 10, 3-3-1975]
The Committee shall review and make prompt recommendations on all funding requirements of the Police Department, and shall make such recommendations either upon their own initiative or on the request of the Mayor and Board of Aldermen. Data pertaining to all costs of operation must be maintained in order to provide justification for annual budget requests.
[R.O. 2012 § 200.270; Amend. #2 to Ord. No. 23, 3-2-1981]
The names of all candidates for appointment as Police Officers of the City shall be submitted to the Police Committee for investigation and recommendation, and said Committee shall as soon as practicable forward the names to the Board of Aldermen together with recommendations of either approval or disapproval.
[R.O. 2012 § 200.280; Ord. No. 23 § 12, 3-3-1975]
Promotion within the Police Department shall be upon the recommendation of the Chief of Police, but the Police Committee shall indicate its approval or disapproval to the Board of Aldermen, and in case of its disapproval, they shall state their reasons in writing.
[R.O. 2012 § 200.290; Ord. No. 23 § 13, 3-3-1975]
The Police Committee shall call upon the City Attorney or Special Counsel of the City for such legal advice or services as may be required in the performance of its duties.
[R.O. 2012 § 200.300; Ord. No. 23 § 14, 3-3-1975]
Meetings shall be held at the call of the Police Committee Chairman, or on order of the Mayor upon written notice to all the members of the Committee stating the purpose of the meeting. In case of emergency, the written notice shall not be required.
[R.O. 2012 § 200.310; Amend. #1 to Ord. No. 23, 9-5-1978]
A majority of the appointed members shall be present to provide a quorum and conduct official business. The Chairman of the Committee shall not have a vote except in case of a tie vote.
[R.O. 2012 § 200.320; Ord. No. 23 § 16, 3-3-1975]
The Chairman shall elect a Secretary from its own membership and said Secretary shall keep an accurate journal of all proceedings of the Committee.
[R.O. 2012 § 200.330; Ord. No. 23 § 17, 3-3-1975]
The agenda of all meetings shall be prepared by the Chairman. The agenda should provide for representatives of the public, the Police Department, or any other group to appear before it.