[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;
3. 
Unfinished business;
4. 
New business; and
5. 
Adjournment.
[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.