[Ord. No. 587, § II, 4-4-1995[1]]
(a)
There is hereby established the department of police. The police
shall be the conservators of the peace and shall be active and vigilant
in the preservation of good order within the City. The police department
shall have the following powers:
(1)
To make, or order, an arrest with proper process for any offense
against the laws of the City, or the state;
(2)
To make arrests without process in all cases in which any offense
against the laws of the City, or the state, shall be committed in
his presence;
(3)
To serve and execute all warrants, subpoenas, writs or other
process issued by the judge hearing and determining municipal violation
cases of the City at any place within the limits of Bates County,
Missouri;
(4)
To maintain a jail, or prison, within the City for the purpose
of holding suspects and offenders until such suspects shall have a
good or sufficient bond or until such offenders shall be ordered released
by legal process;
(5)
To make, or order, an arrest in areas leased or owned by the
City outside of the boundaries of the City;
(6)
To collect all fines assessed for violations of municipal ordinances,
if not otherwise collected;
(7)
To serve as bailiffs and officers of the Municipal Division
of the Circuit Court of Bates County, Missouri; and
(8)
Such other and further duties as may be provided by law.
[Ord. No. 587, § III, 4-4-1995]
(a)
The police department shall be composed of the following officers:
(1)
The police department shall be headed by a Chief of Police,
who shall be appointed by the Mayor with the advice and consent of
the City Council from a list of eligible candidates certified to the
Mayor from the police board. The Chief of Police may be removed from
office by the Mayor for cause subject to the provisions of RSMo § 85.541.
a.
In addition to subscribing to an oath of office, the Chief of
Police shall within 15 days after his appointment and before assuming
the duties of his office, give bond to the City with good and sufficient
security approved by the Mayor in the sum of $10,000, conditioned
that he will honestly and faithfully discharge all of the duties of
his office as required by the laws governing cities of the third class
and the laws of this City, and that at the end of his term in office
he will surrender all money, books, papers, vouchers, or other property
belonging to the City in good order with such bond being filed in
the office of the City Clerk.
b.
The Chief of Police shall, with the advice and consent of the
Mayor, organize the police department in such manner as he may deem
necessary to efficiently and properly conduct the duties and responsibilities
of the police as prescribed by law. The Chief of Police shall prescribe
and enforce such administrative rules and regulations not inconsistent
with state law, or the laws of this City, for the government of the
police department as he may deem necessary to carry out the provisions
of state law, or the law of this City. The Chief of Police shall be
charged with the responsibility for enforcement and administration
of such rules and regulations in the police department and the Chief
of Police shall file a duplicate copy of such rules and regulations
in the office of the City Clerk.
c.
The Chief of Police shall make all appointments and promotions
of subordinate police officers in conformance with the provisions
of this article. The Chief of Police shall also be responsible for
the discipline and termination of subordinate police officers, in
conformance with the provisions of this article; provided, however,
that he shall not terminate an officer without the advice and consent
of the Mayor.
(2)
The police department may have one, or more, sergeants who shall
be appointed from the ranks of patrolman and corporals who have accumulated
a total of at least three years of service.
(3)
The police department may have one, or more, corporals who shall
be appointed from those patrolmen who have at least one year of service.
(4)
The police department shall have so many patrolmen as may be
determined by the City Council upon the advice and consent of the
Chief of Police. All patrolmen shall be at least 21 years of age and
shall satisfactorily pass the physical and mental examinations established
and conducted by the police board.
(5)
The police department may have such additional officers and
such additional ranks as the Chief of Police may determine, subject
to the approval of the City Council. The Chief of Police may also
designate a member of the police department to serve as assistant
Chief of Police, who shall assume the duties of the Chief of Police
during the absence of the Chief of Police. The assistant Chief of
Police shall be a sergeant, or higher rank.
(6)
Original appointment to the police department shall be as probationary
patrolman for a period of 12 months. During such probationary period
the performance of the appointee shall be evaluated and monitored
by the Chief of Police, who may extend the period of probation for
a period of time not to exceed 90 days in the event he shall deem
additional probationary time necessary to evaluate the performance
of a probationary patrolman. A probationary patrolman may be terminated
by the Chief of Police with the advice and consent of the City Administrator
at any time during the probationary period with, or without, cause.
A probationary patrolman terminated from service during the probationary
period shall not be entitled to appeal such action to the police board.
[Ord. No. 587, § IV, 4-4-1995]
The Chief of Police shall in the discharge of his duties be
subject only to the orders of the Mayor. All other members of the
police department shall be subject only to orders of their superiors
in the police department and the Mayor.
[Ord. No. 587, § V, 4-4-1995]
No officer of the police department shall use his official authority
or influence to compel or induce any other person to pay or render
any political assessment, subscription, or contribution. No officer
of the police department shall use his official authority or influence
to coerce the political action of any person or body, or to interfere
with any election. No officer of the police department shall actively
campaign for a candidate in an election for any office in City government.
Nothing in this section, however, shall be construed to prohibit or
prevent any officer of the police department from being or becoming
a member of a political club or organization, attending political
meetings, enjoying freedom from interference and voting, or privately
expressing opinions on all political questions. No officer of the
police department shall be disciplined in any way for withholding
or refusing to make contributions of money or services or other valuable
things for any political purpose.
[Ord. No. 587, § VI, 4-4-1995]
All persons appointed to the police department shall be entitled
to hold office during good behavior and efficient service.
[Ord. No. 587, §§ VII
— VII.C, 4-4-1995]
(a)
There is hereby established the police board, which shall consist
of four members. Members of the police board shall be appointed by
the Mayor with the consent and approval of the City Council for terms
of four years and until their successors are appointed and qualified.
Each year the Mayor shall appoint one member to the police board to
fill the vacancy thereon. Any additional vacancies shall be filled
by the Mayor with the consent and approval of the City Council for
the unexpired term. Each member of the police board shall be at least
21 years of age, a taxpayer and qualified voter of the City. Any member
of the police board may be removed by the Mayor with the consent and
approval of the City Council for continued failure to attend meetings
of the police board, or other good cause. Members of the police board
shall not be entitled to receive compensation for their services.
(b)
The members of the police board shall be divided equally between
the largest and second largest political parties. In making appointments
to the police board, the Mayor shall require each prospective appointee
to declare his political party affiliation and the Mayor shall assure
that the members of the police board are equally divided between the
said political parties. In the event state law in the future so permits,
the Mayor may make appointments to the police board on a nonpartisan
basis.
(c)
The City Administrator shall participate in all police board meetings
as a nonvoting advisor to the police board. The City Administrator
shall assist the police board in compiling or gathering evidence,
conducting needed research, scheduling activities, training or briefing
newly-appointed board members or other similar activities, as requested
by the chair of the police board.
(d)
The police board shall be subject to call and shall meet at such
times and places as designated by its chair, who shall be elected
by the members of the police board and shall preside at all meetings.
The members of the police board shall also elect a vice-chair and
secretary.
[Ord. No. 587, § VII.D, 4-4-1995]
(a)
The police board shall provide, except as otherwise provided, for
its own organization and it shall be the duty of the board to:
(1)
Hold meetings so often as may be required for the proper discharge
of its duties;
(2)
Require a majority of the members to constitute a quorum to
transact business;
(3)
Adopt such rules and regulations as necessary to carry out the
intentions of this article;
(4)
Prepare such mental and physical examinations as it may deem
necessary to determine the suitability of candidates for appointment
to and promotion in the police department and to certify a list of
such eligible candidates to the Mayor and Chief of Police;
(5)
To hear appeals of disciplinary actions as provided in this
article and to uphold, reduce, modify, or rescind any such disciplinary
action.
[Ord. No. 587, § VIII, 4-4-1995]
(a)
The police board shall determine those candidates who shall be eligible
for appointment to, or promotion in, the police department.
(b)
Application for appointment to the police department may be on forms
approved by the police board and shall be filed with the board through
the City Clerk. All applicants for appointment to the police department
shall be at least 21 years of age, citizens of the United States,
and residents of the State of Missouri. The police board shall prepare
and administer examinations for the mental and physical qualifications
of applicants for appointment to the police department. Such examinations
may include but shall not be limited to tests of physical agility,
credit history, moral character, medical examination, psychological
evaluation, drug testing, mental competency, judgment, emotional stability,
appearance, criminal background investigation and finger print check.
(c)
From the results of such examinations, the police board shall determine
those applicants who shall be eligible for appointment to the police
department and shall prepare a list of such eligible applicants which
the board shall certify to the Mayor and to the Chief of Police. The
board shall have the authority to revise the list of eligible applicants
from time to time as circumstances may warrant.
(d)
The police department shall keep and shall make available to the
police board a record of efficiency of each police officer. The police
board shall consider such record of efficiency, together with such
mental and physical examinations as the police board shall deem necessary
and proper in evaluating the suitability of each officer for promotion
within the police department. The police board shall prepare a list
of those members of the police department which it considered eligible
for promotion and shall certify a copy of such list of eligible officers
to the Mayor and the Chief of Police. The board shall have the authority
to revise the list of eligible officers from time to time as circumstances
may warrant.
[Ord. No. 587, § IX, 4-4-1995; amended 10-5-2021 by Ord. No. 1146]
(a)
ADMINISTERING AUTHORITY
COLOR OF LAW
ECONOMIC LOSS
GOOD CAUSE
LAW ENFORCEMENT AGENCY
LAW ENFORCEMENT OFFICER
For purposes of this section, the following shall mean:
The City Council of City of Butler who will hear and make
final decisions regarding appeals of disciplinary actions.
Any act by a law enforcement officer, whether on duty or
off duty, that is performed in furtherance of his or her sworn duty
to enforce laws and to protect and serve the public.
Any economic loss including, but not limited to, loss of
overtime accrual, overtime income, sick time accrual, sick time, secondary
employment income, holiday pay, and vacation pay.
Sufficient evidence or facts that would support a party's
request for extensions of time or any other requests seeking accommodations
outside the scope of the rules set out herein.
The City of Butler Police Department.
Any commissioned peace officer with the power to arrest for
a violation of the City Code who is employed by the City of Butler.
The term "law enforcement officer" shall not include the Chief of
Police or any officer who is the highest ranking officer in the City
of Butler Police Department.
(b)
Chief of Police shall be subject to discipline by the Mayor. All
other law enforcement officers shall be subject to discipline by the
Chief of Police as provided herein. Formal disciplinary action by
the Chief of Police against a law enforcement officer shall consist
of suspension, demotion, or termination, provided the investigative,
administrative, and other requirements and rights provided herein
in this section are adhered to. In each instance of which the Chief
of Police takes a formal disciplinary action against one of the City
of Butler's law enforcement officers, they shall provide a written
report of such alleged cause of such disciplinary action to the City
Administrator.
(c)
Suspensions are temporary separations from the City service. The
law enforcement agency may suspend a law enforcement officer with,
or without, pay for such period of time as the Chief of Police deems
appropriate, with advice and consent of the Mayor, provided the investigative,
administrative and other requirements and rights provided herein in
this section are adhered to. A suspension without pay shall not exceed
30 working days.
(d)
The Chief of Police, with advice and consent of the Mayor, may demote
a law enforcement officer to a lower rank for misbehavior or inefficiency
in the office provided the investigative, administrative, and other
requirements and rights provided herein in this section are adhered
to.
(e)
Assuming the investigative, administrative, and other requirements
and rights provided herein in this section are adhered to, the law
enforcement agency, with written approval of the Mayor, may terminate
a law enforcement officer for cause.
(f)
As used in this section or Subsection (e) preceding, the term "cause" shall mean misbehavior or inefficient service, including but not limited to:
(1)
Criminal, dishonest, disgraceful conduct, specifically including:
a.
Dishonesty. Stealing or taking City property or other employees'
property without proper authorization; misuse of City's funds
or employees' funds; cheating; forging or willfully falsifying
official City reports, records, application forms, or other documents;
misuse of paid leave of absence; any other falsifying action detrimental
to the City or fellow employees; or any intentional false statement,
deception or fraud in examination, promotion or appointment.
b.
Disturbance. Fighting; using profane, abusive or threatening
language; horseplay; causing injury to fellow employees through deliberate
action or gross negligence; spreading false reports; or otherwise
disrupting harmonious relationships between employees.
c.
Sabotage. Deliberate damage or destruction of City equipment
or property; altering, removing or destroying City records; advocacy
of or participation in unlawful trespass or seizure of City property;
encouraging or engaging in slow-downs, sit-ins, strikes or any other
concerted effort to limit or restrict employees from working.
d.
Misconduct. Any criminal offense or other misconduct, including
immoral conduct, during or off working hours, which could have an
adverse effect on the City, or on the confidence of the public in
the integrity of the City government (including violations of the
code of ethics); or on the relationship of the employee and other
employees (including sexual harassment); or repeated convictions during
service on misdemeanor charges such as speeding, reckless driving,
or accidents involving injuries to persons or damage to property or
equipment; or the discovery of such conduct in prior employment.
(2)
Abuse of drugs or alcohol. Reporting to work in an unfit condition,
being under the influence of intoxicants or controlled substances,
including marijuana, narcotics, or drugs of any kind; or drinking
intoxicants or taking into the body of a controlled substance, including
marijuana or a dangerous drug during working hours; or possession
of intoxicants or unlawful possession of controlled substances, including
marijuana, narcotics or dangerous drugs, on City property or in City
vehicles.
(3)
Unsatisfactory attendance. Excessive, unauthorized absence and/or
tardiness. Abuse of lunch hour or break time. Note: Failure to report
for duty for two consecutive workdays may be construed as a voluntary
resignation.
(4)
Indifference toward work. Inefficiency, loafing, carelessness,
failure to remain at work, performing unauthorized personal business
during working hours, abuse of eating and/or rest periods, sleeping
or being inattentive during working hours, interfering with work of
others, mistreatment of the public or other employees, or leaving
work without permission.
(5)
Violation of safety rules. Smoking in prohibited areas; improper
removal of safety guards, fire extinguishers, or other equipment designed
to protect employees; failure to use safety equipment or to follow
safety practice rules; or failure to report an on-the-job injury,
vehicle accident, or unsafe condition.
(6)
Misuse of City equipment or services. Using or providing any
City equipment, credentials, or services for other than official City
business, or without proper authority. Careless use of City property
resulting in damage.
(7)
Incompetence. Inability or unwillingness to perform assigned
work satisfactorily.
(8)
Insubordination. Willful failure or refusal to perform assigned
work or fully comply with instructions or orders as given by the supervisor
or other superior officers.
a.
If the law enforcement officer believes an instruction or order
is improper, they should obey the order or instruction and file a
written objection afterward. This does not apply to imminently dangerous
situations.
b.
If the law enforcement officer believes the instruction or order,
if followed, would result in physical injury to themselves or damage
to City equipment, they should request approval by the next higher
level of supervision.
(9)
Any statutory disqualification which makes the individual unfit
for a job or a failure to meet and maintain requirements of their
job description.
(10)
Violation of City or departmental administrative rules and regulations.
(g)
Whenever a law enforcement officer is under administrative investigation
or is subjected to administrative questioning that the officer reasonably
believes could lead to disciplinary action, demotion, dismissal, transfer,
or placement on a status that could lead to economic loss, the investigation
or questioning shall be conducted under the following conditions:
(1)
The law enforcement officer who is the subject of the investigation
shall be informed, in writing, of the existence and nature of the
alleged violation and the individuals who will be conducting the investigation.
Notice shall be provided to the officer along with a copy of the complaint
at least 24 hours prior to any interrogation or interview of the officer;
(2)
Any person, including members of the department as the officer
under investigation, filing a complaint against a law enforcement
officer shall have the complaint supported by a written statement
outlining the complaint that includes the personal identifying information
of the person filing the complaint. All personal identifying information
shall be held confidential by the investigating agency;
(3)
When a law enforcement officer is questioned or interviewed
regarding matters pertaining to his or her law enforcement duties
or actions taken within the scope of their employment, such questioning
shall be conducted for a reasonable length of time and only while
the officer is on duty unless reasonable circumstances exist that
necessitate questioning the officer while they are off duty;
(4)
Any interviews or questioning shall be conducted at a secure
location at the agency that is conducting the investigation or at
the place where the officer reports to work, unless the officer consents
to another location;
(5)
Law enforcement officers shall be questioned by up to two investigators
and shall be informed of the name, rank, and command of the investigator
or investigators conducting the investigation; except that, separate
investigators shall be assigned to investigate alleged department
policy violations and alleged criminal violations;
(6)
Interview sessions shall be for a reasonable period of time.
There shall be times provided for the officer to allow for such personal
necessities and rest periods as are reasonably necessary;
(7)
Prior to an interview session, the investigator or investigators
conducting the investigation shall advise the law enforcement officer
of the rule set out in Garrity v. New Jersey, 385 U.S. 493 (1967),
specifically that the law enforcement officer is being ordered to
answer questions under threat of disciplinary action and that the
officer's answers to the questions will not be used against the
officer in criminal proceedings;
(8)
Law enforcement officers shall not be threatened, harassed,
or promised rewards to induce them into answering any question; except
that, law enforcement officers may be compelled by their employer
to give protected Garrity statements to an investigator under the
direct control of the employer, but such compelled statements shall
not be used or derivatively used against the officer in any aspect
of a criminal case brought against the officer;
(9)
Law enforcement officers under investigation are entitled to
have an attorney or any duly authorized representative present during
any questioning that the law enforcement officer reasonably believes
may result in disciplinary action. The attorney or representative
shall be permitted to confer with the officer but shall not unduly
disrupt or interfere with the interview. The questioning shall be
suspended for a period of up to 24 hours if the officer requests representation;
(10)
Prior to the law enforcement officer being interviewed, the
officer and their attorney or representative shall have the opportunity
to review the complaint;
(11)
The law enforcement agency conducting the investigation shall
have 90 days from receipt of a citizen complaint to complete such
investigation. The agency shall determine the disposition of the complaint
and render a disciplinary decision, if any, within 90 days. The agency
may, for good cause, petition the administering authority overseeing
the administration of discipline for an extension of time to complete
the investigation. If the administering authority finds the agency
has shown good cause for the granting of an extension of time to complete
the investigation, the administering authority shall grant an extension
of up to 60 days. The agency is limited to two extensions per investigation;
except that, if there is an ongoing criminal investigation there shall
be no limitation on the number of sixty-day extensions. For good cause
shown, the internal investigation may be tolled until the conclusion
of a concurrent criminal investigation arising out of the same alleged
conduct. Absent consent from the officer being investigated, the administering
authority overseeing the administration of discipline shall set the
matter for hearing and shall provide notice of the hearing to the
law enforcement officer under investigation. The officer shall have
the right to attend the hearing and to present evidence and arguments
against extension;
(12)
Within five days of the conclusion of the administrative investigation,
the investigator shall provide notice to the officer, in writing,
of the investigative findings and any recommendation for further action,
including discipline;
(13)
A complete record of the administrative investigation shall
be kept by the law enforcement agency conducting such investigation.
Upon completion of the investigation, a copy of the entire record,
including, but not limited to, audio, video, and transcribed statements,
shall be provided to the officer or the officer's representative
within five business days of the officer's written request. The
agency may request a protective order to redact all personal identifying
witness information; and
(14)
All records compiled as a result of any investigation subject
to the provisions of this section shall be held confidential and shall
not be subject to disclosure under Chapter 610, RSMo., except by lawful
subpoena or court order, by release approved by the officer, or as
provided in Section 590.070, RSMo.
(h)
Law enforcement officers who are suspended without pay, demoted,
terminated, transferred, or placed on a status resulting in economic
loss shall be entitled to a full due process hearing. However, nothing
in this section shall prohibit a law enforcement agency and the authorized
bargaining representative for a law enforcement officer employed by
that agency from reaching written agreements providing disciplinary
procedures more favorable than those provided for this section. The
components of the hearing shall include, at a minimum:
(1)
The right to be represented by an attorney or other individual
of their choice during the hearing;
(2)
Seven days' notice of the hearing date and time;
(3)
An opportunity to access and review documents, at least seven
days in advance of the hearing, that are in the employer's possession
and that were used as a basis for the disciplinary action;
(4)
The right to refuse to testify at the hearing if the officer
is concurrently facing criminal charges in connection with the same
incident. A law enforcement officer's decision not to testify
shall not result in additional internal charges or discipline;
(5)
A complete record of the hearing shall be kept by the agency
for purposes of appeal. The record shall be provided to the officer
or his or her attorney upon written request;
(6)
The entire record of the hearing shall remain confidential and
shall not be subject to disclosure under Chapter 610, RSMo., except
by lawful subpoena or court order.
(i)
Any decision, order, or action taken following the hearing shall
be in writing and shall be accompanied by findings of fact. The findings
shall consist of a concise statement upon each issue in the case.
A copy of the decision or order accompanying findings and conclusions
along with the written action and right of appeal, if any, shall be
delivered or mailed promptly to the law enforcement officer or to
the officer's attorney or representative of record.
(j)
Law enforcement officers shall have the opportunity to provide a
written response to any adverse materials placed in their personnel
file, and such written response shall be permanently attached to the
adverse material.
(k)
Law enforcement officers shall have the right to compensation for
any economic loss incurred during an investigation if the officer
is found to have committed no misconduct.
(l)
Employers shall defend and indemnify law enforcement officers from
and against civil claims made against them in their official and individual
capacities if the alleged conduct arose in the course and scope of
their obligations and duties as law enforcement officers. This includes
any actions taken off duty if such actions were taken under color
of law. In the event the law enforcement officer is convicted of,
or pleads guilty to, criminal charges arising out of the same conduct,
the employer shall no longer be obligated to defend and indemnify
the officer in connection with related civil claims.
(m)
Law enforcement officers shall not be disciplined, demoted, dismissed,
transferred, or placed on a status resulting in economic loss as a
result of the assertion of their constitutional rights in any judicial
proceeding, unless the officer admits to wrongdoing, in which case
the provisions of this section shall not apply.
(n)
Any aggrieved law enforcement officer or authorized representative
may seek judicial enforcement of the requirements of this section.
Suits to enforce this section shall be brought in the circuit court
for the county in which the law enforcement agency or governmental
body has its principal place of business.
(o)
Upon a finding by a preponderance of the evidence that a law enforcement
agency, governmental body, or member of same has violated any provision
of this section, a court shall void any action taken in violation
of this section. The court may also award the law enforcement officer
the costs of bringing the suit including, but not limited to, attorneys'
fees. A lawsuit for enforcement shall be brought within one year from
which the violation is ascertainable.
(p)
Nothing in this section shall apply to any investigation or other
action by the Director of the Missouri Department of Public Safety
or their designated agent or representative regarding a license issued
by the Missouri Department of Public Safety.
(q)
A law enforcement agency that has substantially similar or greater
procedures shall be deemed in compliance with this section.
(r)
Any law enforcement officer who is subject to investigation may appeal
any suspension, demotion, or termination to the administering authority.
Notice of appeal must be in writing and shall be delivered to the
City Clerk not more than 10 days following issuance of written notice
of such discipline to the affected law enforcement officer.
(s)
Upon receipt of a notice of appeal, the administering authority shall
set a date for hearing which shall be not more than 30 days following
the filing of the notice of appeal. The administering authority shall
notify the Chief of Police and the appealing law enforcement officer
of the date, time and place of the hearing, in writing.
(t)
The following procedural rules shall apply to the hearing on appeal:
(1)
The hearing shall be a closed hearing;
(2)
All parties to the hearing shall have the right to be represented
by counsel at their own expense;
(3)
The hearing shall be recorded but shall be transcribed only
at the request of one of the parties to the hearing who shall bear
the cost of such transcription;
(4)
Either party may compel the attendance of witnesses by subpoena
to be issued by the administering authority;
(5)
All witnesses shall be sworn before testifying. The witnesses
for the complainant shall be heard first followed by witnesses for
the appealing law enforcement officer. Each party shall have the right
to cross examine witnesses;
(6)
The administering authority shall consider only evidence presented
at the hearing;
(7)
The hearing may be continued from time to time at the discretion
of the administering authority.
(u)
All papers to be filed with the administering authority may be filed
by delivery or mailing to the administering authority in care of the
City Clerk.
(v)
The administering authority shall announce its findings and decision
within not more than 30 days following the conclusion of the hearing.
The administering authority shall notify the Chief of Police and the
appealing law enforcement officer, in writing, of such findings and
decision.
(1)
The administering authority may, based upon a preponderance
of the evidence, sustain the disciplinary action, or may reverse the
disciplinary action, with or without modification of the action;
(2)
Subject to the right of judicial review, the decision of the
administering authority shall be the final determination of the disciplinary
action and no rehearing, reconsideration, modification, or alteration
of the decision of the administering authority shall be allowed except
as provided in Subsections (n) and (o).[1]
[1]
Editor's Note: Former § 19-35, Appeals of disciplinary
actions, Ord. No. 587, § X, 4-4-1995, which immediately
followed this section, was repealed 10-5-2021 by Ord. No. 1146.
