State Law References
Arrest — RSMo. Ch. 544.
Issuance of warrants — RSMo. 479.100.
Marshal and police — RSMo. 85.610 et seq.
[Code 1965, § 6.01; Ord. No. 1769, 12-11-1979; Ord. No. 4194, §§ 1 — 3, 7-28-2009; Ord. No. 4762, § 5, 6-15-2017]
Composition. The Police Board shall consist of seven citizens of Crestwood with an interest in the Police Department. Members are appointed by the Mayor with the approval of a majority of the authorized membership of the Board of Aldermen. Reasonable efforts shall be made to ensure all wards are represented, however the qualifications on members shall be the primary guiding principle in making appointments and no Board shall be deemed improperly constituted or unlawful if all wards of the City are not represented thereon. All citizen members shall be appointed to terms of three years in duration, with each term beginning and ending on July 1. The terms shall be staggered in three groups with one group consisting of three members and two groups consisting of two members each. Only one group shall be appointed on July 1 of each year, and another group shall be appointed on July 1 of every following year.
Meetings and quorum. The Police Board shall hold regular meetings every other month, in the odd-numbered months. The Police Board shall meet at a minimum four times per year, at a time scheduled by the Police Board. Additional meetings may be scheduled at any time by the chairperson or three members of the Police Board provided that there is one week's notice provided to the public and all members of the Police Board, including the aldermanic representatives and the police chief. A quorum shall consist of four members. The aldermanic representatives and any ex officio members do not count towards establishing quorum.
Attendance. Police Board members absent without excuse from three consecutive meetings, whether regular or special, shall be subject to replacement by the Mayor and a majority of the authorized membership of the Board of Aldermen.
Duties and responsibilities. The Police Board shall act in an advisory capacity to the Mayor, Board of Aldermen and Chief of Police on policy matters relating to the operation of the Police Department. Policy matters shall be defined to include budgeting, capital improvements, planning and administrative procedures, public relations, training, law enforcement programs and to do and perform such other services for the safety and protection of the lives of the inhabitants and property of the City as may be directed by the Mayor and the Board of Aldermen from time to time. Subject to the approval of the Mayor and Board of Aldermen, it shall make recommendations for improving police protection within the City, and recommend regulations pertaining to the conduct of members of the police force.
Chairperson. The Mayor shall appoint a chairperson from one of the citizen members who shall serve as chairperson for the remainder of that person's terms. The chairperson shall be the presiding officer of all meetings of the Police Board and shall have voice and vote the same as all other Police Board members. At the beginning of each term, the Police Board shall organize by electing a vice-chairperson and a secretary from the members. The vice-chairperson shall act as chairperson in the chairperson's absence. In the absence of the chairperson and vice-chairperson, the secretary shall serve as acting chairperson.
Aldermanic representatives. The Mayor, with the approval of a majority of the members of the Board of Aldermen, shall appoint two aldermanic representatives from the members of the Board of Aldermen to act as liaison between the Board of Aldermen and the Police and Fire Boards and provide policy direction. At least one of the aldermanic representatives shall be present at all scheduled meetings of the Police Board. Participation in all discussions is strongly encouraged, but the representatives shall not have a vote. The Mayor may act as a substitute or the Mayor or aldermanic representatives may designate a substitute from the Board of Aldermen if an aldermanic representative is unable to attend a meeting.
Ex officio members. The police chief shall be an ex officio, nonvoting member of the Police Board, acting in an advisory capacity and shall attend all meetings of the Police Board. If the police chief is unable to attend any such meeting, a representative shall be designated to attend by the police chief or City Administrator.
Clerical staff. The Police Board shall be provided with a clerical staff person by the City administration, who is not a voting member of the Board. It shall be the duty of this staff to take minutes of the proceedings of the Board. A set of minutes of the Police Board meetings shall be made public in accordance with applicable state law.
Vacancies. Vacancies among non-ex officio members of the Police Board shall be filled in the same manner as an original appointment, with the replacement to serve the unexpired term.
[Ord. No. 717, §§ 1, 2, 7 — 11, 4-17-1962; Code 1965, § 6.04; Ord. No. 4194, § 4, 7-28-2009]
Created. A police force of the City is hereby created and established.
Members; appointment. The police force shall consist of a Chief of Police and such commissioned officers, noncommissioned officers and police officers as may be provided for by ordinance or resolution.
Oath. Members of the police force shall take an oath to support the constitution and laws of the United States and of the state, and the ordinances of the City.
Compensation. The compensation of the Chief of Police and all Police Department personnel shall be provided for within the City's budget.
[Ord. No. 705, §§ 1 — 3, 4-17-1962; Code 1965, § 6.02]
Pursuant to a vote of the voters of the City at an election held April 3, 1962, the office of marshal is abolished and the Board of Aldermen are authorized to provide by ordinance for the appointment of a Chief of Police, who shall perform all duties required of the marshal by law, and for the appointment of any other police officers found by the Board of Aldermen to be necessary for the good government of the City.
The office of Chief of Police is hereby created.
[Ord. No. 4194, § 5, 7-28-2009]
The Chief of Police shall be the chief officer of the police force and shall have supervision of all other commissioned officers, noncommissioned officers, and police officers. The Chief of Police rank shall be that of colonel. The Chief of Police shall perform all of the duties and have all of the powers as the highest ranking officer within the Police Department of a charter City or as otherwise provided by law, and shall have all of the powers and duties as set forth in the ordinances of the City.
Editor's Note: This ordinance also provided for the repeal of former § 20-4.
Editor's Note: Former § 20-5, which pertained to the rank of police chief and was derived from § 6.031 of the 1965 Code, as amended, was repealed 1-12-1993 by Ord. No. 3244.
[Ord. No. 719, § 6, 4-17-1962; Code 1965, § 6.06]
A ranking commissioned officer on the police force shall serve as acting Chief of Police in the absence of the chief or in case of vacancy in the office of Chief of Police.
[Ord. No. 717, § 12, 4-17-1962; Code 1965, § 6.08]
Members of the police force shall obey their superiors and all rules and regulations adopted as provided in this chapter, conduct themselves courteously and in conformity with their status as conservators of the peace and shall diligently and circumspectly perform all their duties under the law, ordinances and regulations of the Police Board. They shall obey all laws and ordinances and do nothing to cause aspersion upon or dishonor, degrade, shame or create public doubt or distrust as to themselves, the police force, their superiors or the City.
[Ord. No. 717, § 14, 4-17-1962; Code 1965, § 6.09; Ord. No. 3273, § 1, 7-13-1993; Ord. No. 4194, § 6, 7-28-2009]
The members of the police force shall have power at all times to make or order arrests with proper process for any offense against the laws of the state or ordinances of the City, and to keep the offender in the City lock-up or other proper place to prevent escape until a trial can be had, unless such offender is released from custody pending trial. They shall also have power to arrest on view, and without a warrant, any person the officer sees violating or who such officer has probable cause to believe has violated any law of this state, including a misdemeanor or has violated any City ordinance. The power of arrest authorized hereunder is in addition to all other powers conferred upon members of the police force and shall not be construed so as to limit or restrict any other power of the members of the police force.
[Ord. No. 627, § 1, 11-1-1960; Code 1965, § 6.10]
Members of the police force shall have power to serve and execute all warrants, subpoenas, writs or other process. They shall at all times preserve the public peace, apprehend persons charged with criminal offenses, execute the lawful orders of the municipal judge and of the Mayor and Board of Aldermen and shall perform all duties imposed upon them by the ordinances of the City. In case of ordinances requiring the Chief of Police to post or give notice or warning, or perform any duty in connection with election ordinances or any other ordinance of the City, it shall be sufficient for any member of the police force under the direction and order of his superior officers to perform such act or service.
[Ord. No. 4194, § 7, 7-28-2009]
The Chief of Police shall report on the performance of his duties at all regular Police Board meetings and to the Board of Aldermen as may be requested from time to time.
Editor's Note: This ordinance also provided for the repeal of former § 20-10.
[Ord. No. 738, 6-12-1962; Code 1965, § 6.20]
In the event of a gathering of a large crowd or congestion of persons at any spectacle, sale or other scene or event which may destroy the walks, drives, streets, ways or aisles, passageways and exits inside or outside of any building so that in the event of an emergency or catastrophe of any kind the lives, health and safety of persons might be unduly endangered, it shall be the duty of the Chief of Police and members of the police force to take all necessary steps to direct, control or disperse the crowd or gathering so that any existing or dangerous conditions to persons or property may be removed or abated. In the absence of the police officer, the Fire Chief and firemen shall act as aforesaid, and the Fire Chief shall have authority to call upon the police officers for assistance when required.
It shall be the duty of the police officers to prevent crowds and gatherings from blocking or obstructing streets, alleys, driveways or parking areas, unless arrangements have been made to block off and reserve the street, alley, driveway or parking area for such gathering of persons. They shall prevent persons gathered together in a group or crowd from remaining in any place where they are exposed to unusual danger or injury, and their orders and directions to that end shall be obeyed by all those to whom given.
In the case of crowds or gatherings of persons in buildings in such numbers that the aisles and passageways and entrances and exits are blocked or obstructed so that in case of any fire or other catastrophe persons might be trapped in the event of concerted rush to the existing exit or exits, it shall be the duty of the Fire Chief and firemen to clear the passageways and aisles in the immediate vicinity of the exits to the end that the exits will not be unduly congested, and to prevent persons from entering such buildings if their added presence therein would result in undue congestion as referred to above. In performing these duties, the Fire Chief and firemen may call upon the police for assistance.
All lawful orders of the police officers and firemen given under the provisions of this section for the protection, safety and welfare of persons and property shall be obeyed by all persons present.
In carrying out the provisions of this section, police officers and firemen may give all necessary orders and directions for the protection of the lives and property of persons in the vicinity, including the stopping and re-routing of traffic, dispersal of crowds, the removal of flammable or dangerous material and of other movable objects creating obstructions or obstacles which may endanger the lives of persons, and it shall be the duty of all persons given such orders and directions to obey them.
No person shall fail or refuse to obey any lawful order of the police officers, Fire Chief or firemen given under the provisions of this section.
[Ord. No. 1265, §§ 1 — 8, 5-11-1971; Ord. No. 1271, § 1, 6-8-1971; Code 1965, § 6.25; Ord. No. 3272, § 1, 7-13-1993; Ord. No. 4194, § 9, 7-28-2009]
In all cases of secondary employment, the primary duty, obligation and responsibility of a police officer is at all times to the Police Department.
A police officer, while engaged in secondary employment, shall take proper action on any offense or condition of which he has or acquires knowledge, which would normally require police attention, including arrests and making reports.
Authorization is necessary before any police officer can engage in secondary employment. Two copies of the secondary work permit shall be completed and submitted to the police chief for approval. If approved, one copy shall be returned to the officer who submitted it and shall be his authorization to work at secondary employment. The second copy shall be kept in the police files.
Authorization for secondary employment is limited to a total of 20 hours per week. Authorization of such employment may be revoked if such employment tends to interfere with Department duties or for other good reason, as determined by the police chief and not subject to appeal.
All work performed while engaged in secondary employment shall be limited to the duties, location and employer listed in the properly approved secondary work permit. No changes in the duties or employer will be allowed unless prior approval in writing for such change is obtained from the police chief.
A permit for secondary employment shall not be approved for a police officer to:
Work at any location or in any employment which will tend to bring the Police Department into disrepute, or to reduce his or her efficiency of usefulness as a police officer;
Operate a taxicab;
Engage in the professional collection of debt or bills;
Serve civil processes or conduct divorce investigations;
Work where it appears from the applicant's sick record or other evidence that secondary employment might impair his ability to discharge his obligations to the Department.
Police officers may not use Department facilities or records in conjunction with secondary employment, and they shall do nothing to infringe upon or interfere with the Department's role of neutrality in any labor controversy.
Police officers who engage in secondary employment may not wear the Department uniform, except on specific approval of the police chief.
A police officer working in secondary employment will not receive any compensation from the City for illness or injuries suffered as a result of secondary employment, other than that provided for in specific ordinances passed by the City for City employees. Exceptions will be made in cases where a police officer is injured while fulfilling his role as an officer, even though engaged in secondary employment.