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]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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]
(a)
Created. A police force of the City is hereby created and established.
(b)
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.
(c)
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.
(d)
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]
(a)
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.
(b)
The office of Chief of Police is hereby created.
[Ord. No. 4194,[1] § 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.
[1]
Editor's Note: This ordinance also provided for the repeal
of former § 20-4.
[1]
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,[1] § 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.
[1]
Editor's Note: This ordinance also provided for the repeal
of former § 20-10.
[Ord. No. 738, 6-12-1962; Code 1965, § 6.20]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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]
(a)
In all cases of secondary employment, the primary duty, obligation
and responsibility of a police officer is at all times to the Police
Department.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
A permit for secondary employment shall not be approved for a police
officer to:
(1)
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;
(2)
Operate a taxicab;
(3)
Engage in the professional collection of debt or bills;
(4)
Serve civil processes or conduct divorce investigations;
(5)
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.
(g)
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.
(h)
Police officers who engage in secondary employment may not wear the
Department uniform, except on specific approval of the police chief.
(i)
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.
