[CC 1990 § 24-16; Ord. No. 137 § 1, 7-18-1988; Ord. No. 328 § 1, 8-7-1989; Ord. No. 534 § 1, 12-17-1990; Ord. No. 1226 § 1, 2-3-1997]
There is hereby established a Police Personnel Board which shall
consist of six (6) members. Said members are to be residents of the
City, appointed by the Mayor with the approval of the Council. The
term for each member shall be for three (3) years except initially
two (2) members shall be appointed for one (1) year, two (2) members
shall be appointed for two (2) years and two (2) members shall be
appointed for three (3) years. Members appointed will serve their
terms or until their successors shall be appointed, subject to resignation
or removal for cause.
[CC 1990 § 24-17; Ord. No. 137 § 2, 7-18-1988; Ord. No. 328 § 2, 8-7-1989; Ord. No. 534 § 2, 12-17-1990; Ord. No. 1226 § 2, 2-3-1997; Ord. No. 1336 § 1, 11-3-1997]
The Police Personnel Board is appointed pursuant to Ordinance No. 135 (Article
III of this Chapter) as passed and approved by the City. Allegiance to a particular political party shall no longer be required as of the date of the passage of this Article. Any vacancy in the membership of the Board shall be filled by appointment for the unexpired term, using the same procedures as appointments for new members.
[CC 1990 § 24-18; Ord. No. 137 § 3, 7-18-1988; Ord. No. 328 § 3, 8-7-1989; Ord. No. 534 § 3, 12-17-1990]
The Board shall annually elect a Chairman and Secretary. They
shall hold office for one (1) year or until their successors are duly
elected and qualified. The Chairman shall be the Presiding Officer
at all meetings. The Secretary shall keep the minutes of all meetings
in a permanent record book and shall be the custodian of all forms,
papers, books, records and completed examinations by the Board.
[CC 1990 §§ 24-19, 24-65, 24-76; Ord. No. 135 § 6, 7-18-1988; Ord. No. 137 § 4, 7-18-1988; Ord. No. 328 § 4, 8-7-1989; Ord. No. 534 § 4, 12-17-1990; Ord. No. 1226 §§ 3,
16, 18, 2-3-1997; Ord.
No. 1883 § 6, 10-21-2002]
A. The duties of the Board shall be to hear appeals from disciplinary
action from sworn members of the Police Department as hereinafter
provided; and to assist in selecting candidates for appointments as
sworn members of the Police Department as hereinafter provided.
B. The duties of the Police Personnel Board shall be to give examinations
to candidates for appointment or promotion and certify lists of eligibles
to the Mayor or other appointing authority.
C. The Board shall formulate and adopt all necessary requirements, rules
and regulations reasonably necessary for the efficient operation of
the merit system and appointment of members of the Department in accordance
with State Statutes. The rules approved by the Board shall then be
submitted to the City Council and shall become effective when approved
by the City Council by resolution.
D. The Board shall, on request, advise the City Council on questions
relating to Police Department organization, policy and procedures
for which their opinions are sought by the Council. Such reports shall
not include confidential investigations or disciplinary matters. Copies
of any such reports shall be given to the Mayor, the Chief and the
City Administrator.
E. The Police Personnel Board shall be required to meet with the appropriate
City Officials to discuss issues as determined by the City upon notice
by the City Administrator.
[CC 1990 § 24-20; Ord. No. 137 § 5, 7-18-1988; Ord. No. 328 § 5, 8-7-1989; Ord. No. 534 § 5, 12-17-1990; Ord. No. 909 § 1, 5-16-1994; Ord. No. 1226 § 4, 2-3-1997]
A. The Police Personnel Board shall meet from time to time as necessary to carry out their duties as outlined in Section
200.130 herein.
B. Special meetings may be called by any three (3) members of the Board
upon written notification stating the purpose of such special meeting
to the other members of the Board. Such notice shall be given at least
twenty-four (24) hours in advance of the special meeting.
[CC 1990 § 24-21; Ord. No. 137 § 6, 7-18-1988; Ord. No. 328 § 6, 8-7-1989; Ord. No. 534 § 6, 12-17-1990]
Four (4) members of the Board shall constitute a quorum for
the transaction of all business at any regular or special meeting.
[CC 1990 § 24-22; Ord. No. 137 § 7, 7-18-1988; Ord. No. 328 § 7, 8-7-1989; Ord. No. 534 § 7, 12-17-1990; Ord. No. 1226 § 5, 2-3-1997]
A. The order of business at any meeting shall be as follows:
1.
Approval of minutes from previous meeting;
2.
Communications, including a report from the Chief on the status
of the Department on matters pertaining to the responsibilities of
the Board;
[CC 1990 § 24-23; Ord. No. 137 § 8, 7-18-1988; Ord. No. 328 § 8, 8-7-1989; Ord. No. 534 § 8, 12-17-1990]
Where this Article is silent, the parliamentary procedure prescribed
in Robert's Rules of Order, Revised, shall be followed as far
as applicable.
[CC 1990 § 24-24; Ord. No. 137 § 9, 7-18-1988; Ord. No. 328 § 9, 8-7-1989; Ord. No. 534 § 9, 12-17-1990]
Motions may be made orally by any member of the Board and shall
be recorded in the minutes together with action taken thereon.
[CC 1990 § 24-25; Ord. No. 137 § 10, 7-18-1988; Ord. No. 328 § 10, 8-7-1989; Ord. No. 534 § 10, 12-17-1990; Ord. No. 1226 § 6, 2-3-1997; Ord. No. 1883 § 2, 10-21-2002]
The Board shall submit an annual report to the Mayor and to
the City Council. Such report shall be submitted within sixty (60)
days after the end of the City's fiscal year.
[CC 1990 § 24-26; Ord. No. 137 § 11, 7-18-1988; Ord. No. 328 § 11, 8-7-1989; Ord. No. 534 § 11, 12-17-1990]
If any provisions of this Article shall be found to be invalid,
such finding shall not affect the continued validity of any other
provision of this Article.
[CC 1990 § 24-27; Ord. No. 137 § 12, 7-18-1988; Ord. No. 328 § 13, 8-7-1989; Ord. No. 534 § 12, 12-17-1990; Ord. No. 1226 § 7, 2-3-1997]
Application for employment by the Police Department shall be
on forms approved by the Police Personnel Board and shall be addressed
to the Board and filed under oath with the Board Secretary.
[CC 1990 § 24-28; Ord. No. 137 § 13, 7-18-1988; Ord. No. 534 § 13, 12-17-1990; Ord. No. 1883 § 3, 10-21-2002]
From and after the passage of this Article, all sworn in and
commissioned personnel of the department shall be citizens of the
United States and live within the State of Missouri during employment
with the City police force.
[CC 1990 § 24-29; Ord. No. 137 § 14, 7-18-1988; Ord. No. 328 § 14, 8-7-1989; Ord. No. 534 § 14, 12-17-1990; Ord. No. 763 § 1, 2-16-1993]
A. The Board may refuse to consider an applicant or, after consideration,
to refuse to certify him/her as eligible if:
1.
The applicant is found to be lacking in any of the preliminary
requirements established for the position;
2.
The applicant is disabled or inhibited to an extent which would
render the individual unfit and unable to perform the bona fide occupational
requirements of the position; but only then if no reasonable accommodations
can be made which would assist the applicant to a point where the
disability was no longer a deterrent to employment;
3.
The applicant has been found to have conflicting interests which
may impair or compromise total effectiveness in a given classification,
including criminal background, business interests and/or related areas;
4.
The applicant has made any false statement on the application;
5.
The applicant had used or attempted to use political pressure
or bribery to secure an advantage in the screening or appointment
procedure;
6.
The applicant has previously been dismissed for just cause or
has had a previous unsatisfactory service record with the City or
another employer;
7.
The applicant has presented an application beyond the formal
deadline or has failed to sign the application form;
8.
The applicant requests such an action;
9.
An ample number of better qualified candidates are available
for the position.
[CC 1990 § 24-30; Ord. No. 137 § 15, 7-18-1988; Ord. No. 328 § 15, 8-7-1989; Ord. No. 534 § 15, 12-17-1990]
Any applicant who shall be disqualified from consideration for
a position in the Department shall be notified in writing by the Board
and, upon receipt of such written notice, shall be given the opportunity
to be heard with regard to such disqualification.
[CC 1990 § 24-31; Ord. No. 137 § 16, 7-18-1988; Ord. No. 534 § 16, 12-17-1990; Ord. No. 763 § 1, 2-16-1993]
A. The Board shall establish procedures for examination of candidates
for appointment to the department. These procedures shall be submitted
to the City Council for approval. Such procedures shall include, but
not be limited to, tests for physical agility; psychological evaluation;
a written examination; a drug screen, credit check, background investigation
to determine the individuals suitability and personal fitness for
the position sought; and an oral examination to enable the Board to
properly evaluate and grade the applicant on suitability for the position.
Following an offer of employment, the candidate may be required to
submit to a medical exam to determine if the individual can meet the
bona fide physical requirements of the position and a Workers'
Compensation record check to determine if the individual presents
a hazard to himself/herself or others. For promotional appointments,
performance ratings shall also be considered.
B. For positions higher than the rank of Sergeant, the Chief shall notify
the Board as to vacancies that are or are likely to be available.
The Board shall advertise for candidates and, after an appropriate
time to allow applications to be received, shall examine the candidates
and certify each candidate who applies as qualified or not. The Chief
of Police, with the approval of the City Administrator, will select
from the qualified candidates to fill vacancies. The Chief shall give
preference to candidates from within the department, but shall not
be required to promote from within.
C. For positions at the rank of Sergeant and lower, the Board shall
maintain lists of candidates who have passed the examinations for
each rank. These lists shall be in order of merit, based on examination
scores and preference points as described hereinafter. The lists shall
be kept current using procedures as determined by the Board and approved
by the City Council. Whenever vacancies exist for a rank, the Chief,
with the approval of the City Administrator, shall select from the
top portion of the list. For single vacancies, the top portion of
the list shall be the top three (3) names. For multiple vacancies,
the top portion shall be as determined by the Board, but it shall
not be less than two (2) more than the number of vacancies nor more
than three (3) times the number of vacancies.
D. Preference points shall be assigned to the overall examination score
of each candidate based upon the following criteria:
1.
A certified Police Officer as defined in Ch. 590, RSMo., as
amended: three (3) points.
2.
Educational degrees:
a.
A holder of an Associate Arts Degree of sixty (60) college semester
hours and eligible for junior status: one (1) point.
b.
A holder of a Bachelor of Arts or Science degree: two (2) points.
c.
A holder of a Masters Degree: three (3) points.
3.
Preference points for academic degrees are not cumulative and
shall be assigned exclusively for the highest degree earned.
[CC 1990 § 24-32; Ord. No. 137 § 17, 7-18-1988; Ord. No. 328 § 17, 8-7-1989; Ord. No. 534 § 17, 12-17-1990; Ord. No. 1883 § 4, 10-21-2002]
The department shall conduct or arrange for background investigations
of all applicants. Applicants who have been investigated by other
police agencies may be subject to less thorough investigations than
other candidates. Each eligible applicant must submit to fingerprinting
by the department and be subsequently cleared by a check with the
Federal Bureau of Investigation, Missouri State Highway Patrol, St.
Louis County Police Department and the Chesterfield Police Department
immediately prior to certification of appointment.
[CC 1990 § 24-33; Ord. No. 137 § 18, 7-18-1988; Ord. No. 328 § 18, 8-7-1989; Ord. No. 534 § 18, 12-17-1990; Ord. No. 763 § 1, 2-16-1993; Ord. No. 1226 § 8, 2-3-1997]
A. All appointments to the department shall be for an initial review
period of twelve (12) months during which the performance of the appointee
shall be monitored and evaluated by the Chief of Police. The review
periods may be extended by the City Administrator upon the recommendation
of the Chief. Such an extension of review for a period of not more
than ninety (90) days is at the discretion of the Chief.
B. At any time during the initial review period, the Chief, with the
approval of the City Administrator, may dismiss an employee, with
or without cause. An employee dismissed during the review period cannot
appeal such action to the Board. The City Administrator may also,
with or without the recommendation of the Chief, dismiss a new employee
with or without cause during the review period.
[CC 1990 § 24-34; Ord. No. 137 § 19, 7-18-1988; Ord. No. 328 § 19, 8-7-1989; Ord. No. 534 § 19, 12-17-1990]
Before entering upon his/her duty, any person about to become
a member of the Police Department shall take such oath and enter into
such bond as prescribed by the ordinances of the City.
[CC 1990 § 24-35; Ord. No. 137 § 20, 7-18-1988; Ord. No. 328 § 20, 8-7-1989; Ord. No. 534 § 20, 12-17-1990]
In the event of unusual need, the Chief is authorized to make
such temporary appointments as necessary, to remain in force until
the Board or the City Administrator determines the unusual need is
no longer in effect.
[CC 1990 § 24-36; Ord. No. 137 § 21, 7-18-1988; Ord. No. 328 § 21, 8-7-1989; Ord. No. 534 § 21, 12-17-1990; Ord. No. 1226 § 9, 2-3-1997]
The Police Chief may, with the approval of the City Administrator,
reinstate a Police Officer according to the appropriate provisions
of the City of Chesterfield Personnel Rules and Regulations.
[CC 1990 § 24-37; Ord. No. 137 § 22, 7-18-1988; Ord. No. 328 § 22, 8-7-1989; Ord. No. 534 § 22, 12-17-1990]
The Police Chief may approve leaves of absence for Police Officers
according to the appropriate provisions of the City of Chesterfield
Personnel Rules and Regulations.
[CC 1990 § 24-38; Ord. No. 534 § 23, 12-17-1990; Ord. No. 1226 § 10, 2-3-1997]
A "grievance" as defined in the City Personnel Rules and Regulations
Manual for all matters except disciplinary matters affecting employment
with the City shall be covered by the procedures outlined in the City
Personnel Rules and Regulations Manual. For Police Officers, all matters
regarding discipline shall be appealed pursuant to the Police Personnel
Board as set out below.
[CC 1990 § 24-39; Ord. No. 137 § 23, 7-18-1988; Ord. No. 328 § 24, 8-7-1989; Ord. No. 534 § 24, 12-17-1990]
A. The administration of discipline in the department is vested in the
Chief. Discipline shall be in accordance with the rules and regulations
of the department. It includes removal, suspension, demotion and discharge
of members of the department. The procedural and substantive requirements
relating to removal, suspension, demotion and discharge, as provided
herein and in the rules of the department, shall be governed by the
provisions of Missouri State Statutes as now existing or hereinafter
amended to the extent applicable.
B. Any violation of the rules and regulations of the department or any
violation of the ordinances of the City or any State or Federal law,
by any Police Officer, shall be cause for the filing of charges against
the officer.
C. Except as otherwise provided in this Article, no officer shall be
removed, suspended, demoted or discharged except for cause, upon written
charges and after an opportunity to be heard in his/her own defense.
D. The "cause" required for disciplinary action is some substantial
shortcoming which renders continuance in employment in some way detrimental
to the discipline and efficiency of the public service or, for violation
of City ordinances or rules and regulations of the department, an
action which the law and sound public opinion recognize as cause for
the officer being disciplined. The complainant in any proceedings
hereunder has the burden of proof to establish that such cause exists
by a preponderance of the evidence.
[CC 1990 § 24-40; Ord. No. 137 § 24, 7-18-1988; Ord. No. 328 § 24, 8-7-1989; Ord. No. 534 § 25, 12-17-1990; Ord. No. 1226 § 11, 2-3-1997]
When appropriate, an employee may be suspended. The Chief of
Police shall record in writing the date and time of the rule infraction,
prior record of any similar infractions and efforts made to correct
the problem. A suspension may be with or without pay and involves
the removal of an employee or barring of an employee from the City
premises for a temporary period. The Chief of Police may suspend any
employee for a maximum of five (5) days. Any recommendation exceeding
five (5) days shall require the approval of the City Administrator
who may suspend an employee for a maximum of thirty (30) days. A suspension
becomes a permanent part of an employee's personnel record.
[CC 1990 § 24-41; Ord. No. 137 § 25, 7-18-1988; Ord. No. 328 § 25, 8-7-1989; Ord. No. 534 § 26, 12-17-1990; Ord. No. 1226 § 12, 2-3-1997]
As deemed appropriate, an employee may receive a demotion. The
Chief of Police shall record in writing the date and time of the rule
infraction, prior record of any similar infractions and efforts made
to correct the problem. A demotion is the involuntary assignment of
an employee from one position to another having a lower maximum salary.
The Chief of Police shall recommend such demotion which must be approved
by the City Administrator. A demotion becomes a permanent part of
the employee's personnel record.
[CC 1990 § 24-42; Ord. No. 137 § 26, 7-18-1988; Ord. No. 328 § 26, 8-7-1989; Ord. No. 534 § 27, 12-17-1990; Ord. No. 1226 § 13, 2-3-1997]
A. When appropriate, an employee may be dismissed which involves the
permanent removal of that employee from the payroll. The Chief shall
record in writing the date and time of the rule infraction, prior
record of any similar infractions and efforts made to correct the
problem. The Chief shall recommend dismissal which must be approved
by the City Administrator. Notification of dismissal may be made by
the Chief or appointed authority by delivering a written statement
to the employee. If the Chief, based on the reason for discharge,
desires to make an immediate separation from the City service, a suspension
with or without pay pending discharge may be utilized with approval
by the City Administrator. Prior to the final decision to dismiss
any employee, the employee will be given:
1.
Written notice of the charges; and
2.
An explanation of the basis of the City's charges; and
3.
An opportunity to present his/her explanation of the matter.
B. At any time during the probationary period, the City Administrator,
with or without the recommendation of the Chief of Police, may dismiss
an employee with or without cause.
[CC 1990 § 24-43; Ord. No. 137 § 27, 7-18-1988; Ord. No. 328 § 27, 8-7-1989; Ord. No. 534 § 28, 12-17-1990; Ord. No. 2040 § 1, 10-7-1996; Ord. No. 1226 § 14, 2-3-1997]
A. All officers other than probationary officers may appeal discipline
greater than a written reprimand to the Board. Appeals must be in
writing and submitted to the Secretary of the Board within seventy-two
(72) hours of the effective date of the administration of discipline.
B. Upon receipt of an appeal, the Secretary shall notify the Chief within
five (5) days of the need for a hearing on the charge(s).
[CC 1990 § 24-44; Ord. No. 137 § 28, 7-18-1988; Ord. No. 328 § 28, 8-7-1989; Ord. No. 534 § 29, 12-17-1990]
Upon receipt of an appeal of discipline, the Board shall set
a date for a hearing, which date shall be no more than thirty (30)
days following the filing of the appeal.
[CC 1990 § 24-45; Ord. No. 137 § 29, 7-18-1988; Ord. No. 328 § 29, 8-7-1989; Ord. No. 534 § 30, 12-17-1990]
A. Proceedings on any hearing of an appeal of discipline shall commence
with a written complaint, made by the Chief, which shall set forth
a plain and concise statement of the facts giving rise to the complaint.
B. All parties to a hearing shall have a right to be represented by
counsel at their own expense.
C. All proceedings hereunder shall be tape recorded by the Secretary
of the Board or recorded by a court reporter employed by the Board,
but shall be transcribed only at the request of the Board or a party
to the hearing. All tapes and records shall be retained for a five-year
period. Transcripts of the hearing shall be prepared at the requesting
party's expense.
D. All Witnesses Shall Be Sworn Before Testifying. Witnesses for the
complainant shall be heard first, followed by witnesses for the accused
Police Officer. Each party shall have the right to cross-examine witnesses
of every other party.
E. The Board shall consider only evidence presented at the hearing.
F. The hearing may be continued from time to time at the motion of the
Board or at the motion of any party upon cause being shown to the
satisfaction of the Board. Before continuance will be granted at the
request of an accused Police Officer who has been suspended pending
the hearing, he/she shall execute a release of any claim he/she might
then or thereafter have for compensation during the period of such
continuance.
[CC 1990 24-46; Ord. No. 137 § 30, 7-18-1988; Ord. No. 328 § 30, 8-7-1989; Ord. No. 534 § 31, 12-17-1990]
All papers may be filed with the Board by mailing them personally
to the Secretary of the Board at the Government Center. The filing
date of any paper shall be the date it was received by the Secretary,
in the event the paper is delivered personally. In the event a paper
is filed by mail, then the filing date shall be the date which is
postmarked on the mailing envelope.
[CC 1990 § 24-47; Ord. No. 137 § 31, 7-18-1988; Ord. No. 328 § 31, 8-7-1989; Ord. No. 534 § 32, 12-17-1990]
A. All papers filed in any proceeding hereunder shall be typewritten
or hand printed and shall be on one (1) side of the paper only. If
typewritten, the lines shall be double-spaced except that long quotations
may be single-spaced and indented.
B. All papers shall not be larger than eight and one-half (8 1/2)
inches wide by eleven (11) inches long and shall have four (4) outside
margins of not less than one (1) inch.
C. All papers filed shall be signed in ink by the party filing the paper
or by an officer, agent or attorney. His/her name and address shall
appear thereon.
[CC 1990 § 24-48; Ord. No. 137 § 32, 7-18-1988; Ord. No. 328 § 32, 8-7-1989; Ord. No. 534 § 33, 12-17-1990; Ord. No. 1235 § 1, 3-3-1997]
A. Within fifteen (15) days following the conclusion of any hearing
hereunder, the Board shall enter its findings by delivery of the written
findings to the accused Police Officer or by delivering in the U.S.
mail a copy of said written findings to be mailed no later than the
15th day by certified mail to the Police Officer at his/her last known
address. At the next regularly called meeting of the Board, the findings
shall be entered on the record of the Board.
B. On the findings of the Board, the Board may sustain the action of
the Chief or reverse the actions of the Chief with instructions for
a greater or lesser form of discipline which may exceed thirty (30)
days or the Board may order the Police Officer dismissed.
C. Included in the authority of the Board as noted above is the authority
to order the demotion of an officer to a lower rank, which may include
to probationary status, with or without a reduction in pay to the
pay of a Probationary Officer. Reduction to probationary status shall
be for such period of time as shall be directed by the Board not to
exceed one (1) year. The Board shall have the power and authority
to order the Police Officer to meet specific conditions as part of
said probation.
[CC 1990 § 24-49; Ord. No. 137 § 33, 7-18-1988; Ord. No. 328 § 33, 8-7-1989; Ord. No. 534 § 34, 12-17-1990]
Subject to the right of judicial review, the Board shall be
the final judge of what constitutes cause for disciplinary action
and of whether the evidence adequately establishes such cause; and
no rehearing, reconsideration, modification, vacation or alteration
of a decision of the Board shall be allowed.
[CC 1990 § 24-50; Ord. No. 137 § 34, 7-18-1988; Ord. No. 328 § 34, 8-7-1989; Ord. No. 534 § 35, 12-17-1990]
A. Either the complainant or the accused Police Officer may, at any
time, before the hearing hereunder, file with the Board a written
request for subpoena for any individual to appear for a hearing or
to produce books, papers, records, accounts and other documents as
may be deemed by the Board to be relevant to the hearing. On the approval
of the Board of such request, subpoenas will be issued for the named
persons. Subpoenas may be served by any person twenty-one (21) years
of age or older designated by the party requesting the subpoenas.
Requests for subpoenas shall contain the names and addresses of the
individuals to be subpoenaed and the identity of any documents to
be produced.
B. All papers required to be served shall be delivered personally to
the party designated or mailed to the designated party at his/her
last known residence by United States certified mail, return receipt
requested, in an envelope properly addressed with postage prepaid.
Proof of service of any paper may be made by the certification of
any person delivering the same to the designated party personally
or by filing a return receipt showing that a paper was mailed by certified
mail, return receipt requested, to the designated party's address
where it was received by such party.