[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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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]
A.
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.
B.
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]
A.
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.
B.
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; Ord. No. 451, 5-1-2018; Ord. No. 540, 6-21-2023]
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 proceeding their appointment, and who shall serve their terms
specified in their appointments and until their successors are appointed
and have qualified. All members shall serve without compensation.
[R.O. 2012 § 200.190; Ord. No.
23 § 3, 3-3-1975; Ord. No. 451, 5-1-2018; Ord. No. 540, 6-21-2023]
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; Ord. No. 451, 5-1-2018; Ord. No. 540, 6-21-2023]
A.
Members. The Police Committee shall consist of five (5) voting members
and two (2) non-voting members consisting of the Mayor, and one (1)
member of the Board of Aldermen. All members shall serve without compensation
and shall be residents of Kimberling City.
B.
Terms. The terms shall run June 1 through May 31 of each year. Each
member, at the end of his/her respective term, must request reappointment
by the Mayor. The Mayor at his/her discretion shall, by and with the
consent of the Board of Aldermen, reappoint the member for a two-year
term.
[R.O. 2012 § 200.210; Ord. No.
23 § 5, 3-3-1975; Ord. No. 451, 5-1-2018; Ord. No. 540, 6-21-2023]
A.
Organization.
The Police Committee shall annually elect from its members a Chairperson,
a Vice Chairperson and a Secretary from among the citizen members.
The term of the Chairperson, Vice Chairperson and Secretary shall
be for one (1) year with eligibility from reelection.
B.
All
appointments to the Police Committee and removals for cause shall
be made by the Mayor with the approval of the Board of Aldermen.
C.
Absences.
If a board member is absent from three (3) meetings in a calendar
year, the board member could be removed from the board by a unanimous
vote from a majority of the board members. If the board member requests
reinstatement, he/she must go before the board and request the board
to reinstate his/her membership. The board will take a closed vote
to decide reinstatement for the board member. A majority vote of "yes"
must be recorded for the member to be reinstated.
[R.O. 2012 § 200.220; Ord. No.
23 § 6, 3-3-1975; Ord. No. 540, 6-21-2023]
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; Ord. No. 516, 11-17-2021; Ord. No. 540, 6-21-2023]
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; Ord. No. 540, 6-21-2023]
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; Ord. No. 540, 6-21-2023]
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; Ord. No. 540, 6-21-2023]
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; Ord. No. 517, 11-17-2021; Ord. No. 540, 6-21-2023]
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; Ord. No. 518, 11-17-2021; Ord. No. 540, 6-21-2023]
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; Ord. No. 540, 6-21-2023]
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; Ord. No. 540, 6-21-2023]
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; Ord. No. 540, 6-21-2023]
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; Ord. No. 540, 6-21-2023]
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; Ord. No. 540, 6-21-2023]
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.
