ARTICLE V: Complaints and Grievances - City of Florissant, MO

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Editor's Note: Former Article V, Complaints and Grievances, containing Sections 125.255 to 125.295, was repealed 9-13-2021 by Ord. No. 8722. The editor also put the Sections back to their intended numbering by making the next Article start with Section 125.290.

Section 125.265 Procedure For Submitting Grievance.

[Ord. No. 8722, 9-13-2021]

Any grievance relating to a disciplinary action of a Law Enforcement Officer shall be handled in accordance with Section 590.502, RSMo. Any grievance of any employee other than a Law Enforcement Officer relating to a disciplinary action by City management or supervision, other than a department head or the Mayor, shall be submitted, in writing, to the department head within seven (7) calendar days of the issuance of the discipline. The written submission to the department head must include specific circumstances and state the remedial action requested. Such an appeal must be signed personally by the employee, with the original appeal or grievance delivered to the department head. The department head or his/her designee shall investigate and render a decision within ten (10) working days of receipt of the appeal or grievance request.

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 before the Mayor. In all other circumstances and for all other employees, in the event that Subsection (A) does not resolve the problem or the discipline was initially issued by the department head, the employee may forward all written documentation and appeal to the Mayor within seven (7) calendar days of receipt of the department head's decision. Such appeal must be signed personally by the employee, with the original delivered to the Mayor. The Mayor or his/her designee will provide a decision to the employee within ten (10) working days of receipt of the request.

In the event that Subsection (B) does not resolve the problem for any employee other than a Law Enforcement Officer, and the grievance involves a suspension of more than five (5) working days or shifts, employment dismissal or disciplinary demotion with reduced compensation rate, the employee may request an appeal hearing before the Personnel Commission unless an appeal to the Personnel Commission is expressly prohibited under the Personnel Code or City Charter. The written request for a hearing with the Personnel Commission shall be filed with the City's Personnel Officer within seven (7) calendar days from receipt of the decision of the Mayor or his/her designee.

Section 125.270 Citizens Police Review Board — Composition, Duties, And Procedures.

[Ord. No. 8722, 9-13-2021; Ord. No. 8787, 5-9-2022]

Purpose. The purpose of this Section is to provide an accessible, respectful, independent and effective forum for community participation in the resolution of complaints by an independent process for review of actual or perceived misconduct by Police Officers thereby increasing the Police Department's accountability to the community and community trust in the Police Department.

Definitions And Rules Of Construction. The following definitions and rules of construction apply to this Section:

AGGRIEVED PERSON

Anyone who allegedly has been mistreated by a Florissant Police Department Officer or employee.

BOARD

When not otherwise specified, the Citizens Police Review Board.

CITIZEN COMPLAINANT

A person who is not a member of the Florissant Police Department or an employee of the City and who files a complaint with the Police Department or with the Board against a Police Officer.

EXTERNAL CITIZEN COMPLAINT

A written statement by a person who is not a member of the Florissant Police Department or an employee of the City alleging misconduct of a Police Officer involving interaction with the public.

MISCONDUCT

Any improper behavior by a Florissant Police Officer, including any violation of Federal law, State law, City ordinance, City regulation or Police Department policy, guideline, directive, rule, regulation or order in effect at the time of the incident.

NOTICE

Shall be considered given when it is hand delivered or three (3) business days after it is mailed.

POLICE OFFICER

A commissioned Law Enforcement Officer, other than the Chief of Police, who has the power of arrest and who serves in the Florissant Police Department.

Establishment; Membership; Qualifications; Terms; And Removal.

The Citizens Police Review Board is hereby established.

The Board shall consist of seven (7) members appointed by the City Council upon recommendation of the Mayor. Members shall serve without compensation.

The City shall actively notify citizens to apply for appointment to the Board, and City Council members and citizens are encouraged to make recommendations to the Mayor about persons who should be considered for appointment to the Board based upon their independent, impartial, balanced views.

At least five (5) of the Board members must be registered voters and either a resident of Florissant, or an owner of a business in Florissant, or a leader of a church or religious congregation in Florissant. Board members may not be employed by the City; have served in a law enforcement capacity in the past five (5) years; be a party to any pending litigation against the City, excluding traffic offenses; be a current elected public office holder; or have served as an elected public office holder in the past five (5) years; or be a candidate for elected public office; and the spouses of the foregoing persons. Board members should reflect the cultural and racial diversity of Florissant and demonstrate knowledge of issues pertaining to civil rights and the criminal justice system and police practices. Board members cannot have a serious criminal record. The Police Chief shall obtain a criminal history of all applicants for membership on the Board and advise the City Council of any arrests and any convictions for violations of Federal, State or local law.

Three (3) of the members first appointed by the City Council shall serve terms of two (2) years, two (2) shall serve terms of three (3) years, and two (2) shall serve terms of four (4) years. Thereafter, members appointed by the City Council shall serve terms of three (3) years. Vacancies shall be filled for unexpired terms in the same manner as the original appointments.

The Board or the Mayor may recommend to the City Council that a Board member be removed from the Board if the member persistently fails to perform the duties of office or has engaged in conduct that is detrimental to the City or the Board.

No Board member may serve more than two (2) consecutive terms.

Officers; Meetings; Quorum; Rules.

The Board shall elect a Chair and Vice Chair from among its members. The term of these officers shall be one (1) year. The Chair shall preside at meetings. The Vice Chair shall preside when the Chair is absent or otherwise unable to preside.

The Board should meet at least monthly, and should meet as frequently as possible to perform its duties. When requested by the Board, the Police Chief or the Chief's designee shall attend Board meetings to serve as an informational resource for the Board. The Board shall provide an opportunity for public comment at each monthly meeting. The Board shall meet semiannually with the Chief of Police to discuss issues of concern and to recommend ways that the police can improve their relationship with citizens. The Board may also make recommendations regarding policies, rules, hiring, training and the complaint process.

Four (4) members shall constitute a quorum for conducting business.

The Board may establish rules and procedures that do not conflict with this Code or the rules and regulations governing internal affairs investigations.

Board members shall follow the National Association for Civilian Oversight of Law Enforcement (NACOLE) Code of Ethics.

All closed records provided to the Board shall remain closed records and shall be returned to the City before adjourning any meeting.

Administration And Training.

The Chief of Police shall be the designated staff liaison for the Board, and a City staff member shall be provided to the Board to perform administrative duties, including providing information to the Board and keeping minutes of the meetings of the Board.

An independent contractor that demonstrates knowledge of issues pertaining to civil rights, the criminal justice system and the police practices may be employed part-time to serve as a coordinator to assist the Board in the preparation of the required reports and the preparation of recommendations to the Police Chief. The coordinator may also assist in training of the Board members. The coordinator shall be hired by the Mayor and shall not be a voting member of the Board.

New Board members shall participate in orientation and training that includes review of the police professional standard unit's operating policies and procedures and a ride- along with Police Officers. Training shall also include topics suggested by NACOLE in its recommended orientation and training for Board members.

After an appointment to the Board but before serving on the Board, Board members shall participate in a ride-along with Police Officers for at least twenty-four (24) hours, with a least eight (8) hours ride-along occurring at night. Thereafter, Board members shall participate in a ride-along with Police Officers for at least sixteen (16) hours per year with at least four (4) hours ride-along occurring at night.

Duties. The Citizens Police Review Board shall have the following duties:

Review the Police Chief's decisions on alleged misconduct based upon an external citizen complaint and an appeal to the Board, as provided for in this Section.

Conduct a jurisdictional review, upon written request, from the decision of the Police Chief that a complainant's allegations do not fall within the requirements set forth in this Section related to complaints.

Make recommendations to the Police Chief to consider pursuing a criminal investigation of a Police Officer.

Host public meetings and educational programs for Florissant residents and the general public.

Review and make recommendations to the Police Chief on police policies, procedures and training.

Conduct reviews of the open records of the Police Department relating to any external citizen complaints for compliance with the requirements of this Section.

Prepare and submit to the City Council annual reports that analyze citizen complaints, including demographic data on complainants, complaint disposition and investigative findings, but such reports shall not include records or information which are closed under Chapter 610, RSMo. The reports should also describe the Board's community outreach and educational programs. The reports should also set forth any recommendations made on Police Department policies, procedures and training. The reports shall be submitted no later than March 1 for the previous calendar year.

Internal Affairs Procedures; Police Officers And Employees Of The Police Department.

The Police Chief shall cause Police Department rules and regulations to be established that provide for internal affairs investigations. These rules and regulations must be consistent with the provisions of this Section, Chapter 125 of the Florissant Code, and Section 590.502, RSMo.

Police Officers under investigation shall have all of the rights set forth in Section 590.502, RSMo.

Complaints; Police Chief Decision On Complaint; Appeals To Board.

Any external citizen complaint made against a Police Officer must be in writing and include a written statement outlining the complaint that includes the personal identifying information of the person filing the complaint. Any external citizen complaint may be filed with the Police Department, or the Board only by the following:

Any person who is an alleged victim of misconduct by a Police Officer; or

A family member on behalf of a minor child or an attorney of an alleged victim of misconduct by a Police Officer; or

Any person who witnessed alleged misconduct by a Police Officer.

The recipient of the written external citizen complaint shall promptly forward such complaint to the Police Chief. In addition, the Police Officer who is subject to an investigation based upon an external citizen complaint shall be informed, in writing, of the existence and nature of the violation alleged in such complaint, the individuals who will be conducting the investigation and the personal identifying information of the person filing the complaint in accordance with Section 590.502, RSMo. Notice shall be provided to the Police Officer along with a copy of the complaint at least twenty-four (24) hours prior to any interrogation or interview of the Police Officer.

External citizen complaints must be filed within ninety (90) days from the date of the alleged misconduct, unless the complainant shows good cause for the delay in submitting the complaint, but in all circumstances, complaints must be filed within one (1) year of the alleged misconduct.

The Board shall take no action on a complaint until the Police Chief has made a decision on the complaint, and the Police Chief typically will take no action on a complaint alleging misconduct when the Police Department is treating it as a criminal matter unless and until the investigating department determines that the Police Officer's alleged conduct was not criminal or a prosecutor has declined to prosecute the alleged offense or a prosecution of the alleged offense has concluded.

Decision By Police Chief.

Unless the external citizen complaint has been withdrawn, resolved through mediation or the Police Officer is no longer employed by the City, the complaint investigation process shall be concluded and a decision rendered within ninety (90) days from receipt of the external citizen complaint, unless an extension of time is granted in accordance with Section 590.502.2(11), RSMo. The Police Chief shall decide whether the complaint is:

(1)

Unfounded (acts complained of did not occur or were misconstrued);

(2)

Not sustained (insufficient facts established to either prove or disprove the acts complained of);

(3)

Sustained (sufficient facts established to prove misconduct); or

(4)

The Police Officer is exonerated (acts complained of occurred but were justified, lawful and proper).

If the complaint is sustained, the Police Chief shall take appropriate disciplinary action.

Within five (5) days of the conclusion of the administrative investigation, the Police Chief or the investigator shall give written notice of the investigative findings, the decision and disciplinary action, if any, to the Police Officer. The Police Chief shall also promptly give written notice of the decision to the citizen complainant and whether disciplinary action was or was not taken. The notice shall also include information on the Police Officer's right to appeal and the manner of appealing the decision of the Police Chief to the Citizens Police Review Board within ten (10) days of the decision by the Police Chief and, if applicable, the notice shall include information on the Police Officer's entitlement to a full due process hearing before the Mayor in accordance with Section 590.502, RSMo. An appeal to the Citizen Police Review Board or a request for a due process hearing before the Mayor in accordance with Section 590.502, RSMo., shall stay the disciplinary action.

The complainant has the right to appeal the Police Chief's decision to the Citizens Police Review Board unless the Police Officer has exercised the right, if any, to a due process hearing pursuant to Section 590.502, RSMo. An appeal to the Citizen Police Review Board by the complainant when a Police Officer has no right or has waived the right to a full due process hearing, as set forth in Section 590.502, RSMo., must be made in writing and delivered to the City's Communications Manager. The City's Communications Manager must receive the appeal within seven (7) days after the receipt of the notice of the Police Chief's decision. The appeal must be either hand-delivered to the office of the City's Communications Manager or sent to the City's Communications Manager by United States Mail, facsimile machine or electronic mail. Such appeal will stay the disciplinary action.

When an appeal has been filed, the City's Communications Manager shall promptly notify all Board members and the Police Chief. The Police Chief shall promptly forward to each Board member a copy of certain Police Department records pertaining to the complaint, including the complaint, the original police report, if any, and applicable general orders.

The Board shall promptly meet to consider the appeal and shall act upon the appeal within fifteen (15) days of its receipt of an appeal unless the period of time for review by the Board is contradictory to the provisions of Section 590.502, RSMo., and in that event the Board shall act upon the appeal within the timeframe allowed under Section 590.502, RSMo. During the meeting of the Board, additional records will be provided to the Board pertaining to the completed investigation of the complaint, including any memos and recorded interviews, and all such records shall be returned to the City before adjourning the meeting. If the Board does not act within fifteen (15) days of the receipt of the appeal or within the timeframe allowed under Section 590.502, RSMo., the decision of the Police Chief shall be deemed to be affirmed.

Request For Jurisdictional Review.

Upon a written request, the Board shall conduct a jurisdictional review from the decision by the Police Chief that a person's allegations do not fall within the requirements set forth in this Section related to complaints, including, but not limited to:

An appeal of a determination that the complaint or concern was untimely filed, as defined in Subsection (H)(3).

An appeal of a determination that the person failed to allege misconduct, as defined in Subsection (B).

An appeal of a determination that the person does not meet the requirements set forth in Subsection (H)(1).

Requests for limited review pursuant to this Section shall be filed with the City's Communication Manager within seven (7) days after the person is given notice of the determination by the Police Chief.

When a request for jurisdictional review has been filed, the City's Communication Manger shall promptly notify all Board members and the Police Chief. The Police Chief shall promptly forward to each Board member a copy of the person's allegations, any relevant police or City policies, records relating to any police investigation, and a copy of the Police Chief's written notice.

The Board shall review the records provided to determine if the person timely filed a complaint within the meaning of this Section. The Board shall have the authority to request Police Department records pertaining to the complaint and the investigation of the complaint and the Police Chief shall respond to the Board's request for records within five (5) days by providing such documents or by providing a written explanation to the Board and the Mayor detailing the reasons why the documents will not be produced. In the event the Police Chief does not produce the records requested by the Board, the Board has the power and authority to seek the issuance of a subpoena from a Judge within the 21st Judicial Circuit.

The Board shall promptly meet to conduct its review and shall make a determination within fifteen (15) days of its receipt of the written request. If the Board does not act within fifteen (15) days of its receipt of the written request for jurisdictional review, the decision of the Police Chief shall be deemed to be affirmed.

If the Board agrees with the Police Chief's determination, the Board shall notify the Police Chief, the Police Officer, and the complainant of its determination. If the Board disagrees with the Police Chief and finds that the complainant has timely filed a complaint alleging misconduct that meets the requirements of Subsection (H)(1), the Board shall notify the Police Chief, the Police Officer and the complainant. The Police Chief shall proceed with an investigation of the complaint and the investigation of a Police Officer shall be conducted in accordance with Section 509.502, RSMo.

Board Review Of Police Chief's Decision On Complaints And Recommendation.

The Board shall only review the Police Chief's decisions on complaints when an appeal is filed in accordance with Subsection (H) of this Section. In so doing, the Board shall review the record of the investigation, including, but not limited to, any and all recorded, unedited interviews.

The Board, as part of its review, may hear comments from the complainant, witnesses to the incident and Police Officers if such persons request that the Board do so.

The Police Chief and all Police Officers shall cooperate with the Board in its review of the Police Chief's decision, but cooperation does not require a Police Officer or a witness to testify or make any statements to the Board.

As part of the Board's review, the Board shall have the authority to request Police Department records pertaining to the complaint and the investigation of the complaint, and the Police Chief shall respond to the Board's request for records within five (5) days by providing such documents or by providing a written explanation to the Board and the Mayor detailing the reasons why the documents will not be produced. In the event the Police Chief does not produce the records requested by the Board, the Board has the power and authority to seek the issuance of a subpoena from a Judge within the 21st Judicial Circuit.

Any person who requests to appear and voluntarily appears before the Board shall be entitled to have an attorney or authorized representative present with them. The attorney or authorized representative shall be permitted to confer with the Police Officer but shall not unduly disrupt or interfere with the interview.

The Board shall provide timely updates on the progress of the review to the complainant and the Police Officer, unless the specific facts of the review would prohibit such updates or the documentation or information is a closed record under Chapter 610, RSMo.

The Board may decline further action on its review of the decision of the Police Chief if it determines that the alleged acts of misconduct are false.

The Board may request the Police Chief to order further investigation if the Police Chief is allowed to do so under Section 590.502, RSMo.

After completing its review, the Board shall report its findings and recommendations to the Mayor and the Police Chief, as set forth below.

10.

If the Board agrees with the Police Chief's decision, in addition to reporting its findings and recommendations to the Mayor and Police Chief, it shall give notice to the Police Officer, together with notice of the Police Officer's right to a full due process hearing, in accordance with Section 590.502, RSMo., if applicable, or the right to appeal the Police Chief's decision as provided for in Subsection (K). The Board shall also give notice to the complainant of the right to appeal the Police Chief's decision as provided for in Subsection (K).

11.

If the Board recommends a disposition of the complaint other than the decision made by the Police Chief, the Police Chief shall have ten (10) business days to reconsider the original decision and either reaffirm or modify it. The Police Chief shall give written notice of the decision upon reconsideration to the Board, the Mayor and the Police Officer. The Police Chief shall also give written notice of the decision to the complainant and whether disciplinary action was taken and such other information to the extent that the information in his/her decision are not closed records under Chapter 610, RSMo. The Police Chief shall also give notice to the Police Officer of the right to seek a full due process hearing in accordance with Section 590.502, RSMo., if applicable or the right to appeal as provided for in Subsection (K). If the Police Chief takes no action within ten (10) business days after the date of the Board's findings and recommendation, the original decision of the Police Chief is automatically reaffirmed, and the Police Chief shall give notice to the Police Officer and the complainant as set forth above.

Appeals To The Mayor. After the Board's findings and recommendation and, the Police Chief's decision after reconsideration, the Police Officer and the complainant shall have the following rights:

A Police Officer who is suspended without pay, demoted, terminated, transferred, or placed on a status resulting in economic loss shall be entitled to a full due process hearing before the Mayor in accordance with Section 590.502, RSMo.

A Police Officer may appeal the Police Chief's decision to the Mayor for the Mayor's review if the discipline is other than suspension without pay, demotion, discharge, transfer or placement on a status resulting in economic loss. Such an appeal shall be made by filing a written statement with the Mayor setting forth the employee's reasons for appeal. The request must be filed within twenty-one (21) days after receiving the notice of the right to appeal. The appeal shall be handled in accordance with the provisions of Chapter 125, Article V, of the Florissant Code. The Mayor shall give notice of the appeal to the complainant and afford the complainant the opportunity to discuss the matter with the Mayor.

The complainant may not file an appeal of the Police Chief's decision concerning a Police Officer following review by the Board.

Open Records And Meetings.

Notwithstanding the provisions set forth herein, all records pertaining to complaints filed against Police Officers or employees of the Police Department alleging misconduct of the Police Officer or employee of the Police Department shall be closed records in accordance with Chapter 610, RSMo.

The Board shall meet in open session except as provided in Subsection (L)(3).

The Board shall meet in closed session to hear statements, discuss and investigate matters:

That cannot be heard or discussed in an open meeting under State or Federal law; or

That involve the review of an appeal as provided for in Subsection (J);

That would involve disclosure of the identity of an officer working undercover.

Obstructing Board Operations. It shall be unlawful for any person, in any manner, to willfully intimidate, influence, impede, deter, threaten, harass, obstruct or prevent another person from freely, fully and truthfully cooperating with the Board.

Annual Evaluation By Council. Each year, after reviewing the Board's annual report, the City Council shall review the effectiveness of the Board and shall determine whether this Section should be modified or repealed.

Availability Of Police Policies. In accordance with Chapter 610, RSMo. (commonly referred to as the "Sunshine Law"), the Police Chief shall make available to the City Council, employees and the general public, upon request, all Police Department policies, guidelines, directives, orders, rules and regulations except those that would reveal tactics that would endanger the life of any Police Officer or would otherwise be a closed record under Chapter 610, RSMo.

Section 125.275 Hearing Before Personnel Commission — Decision Of Commission Final.

[Ord. No. 8661, 1-11-2021; Ord. No. 8722, 9-13-2021]

Any disciplinary action appealable to the Personnel Commission shall be heard by the Personnel Commission within thirty (30) calendar days of the receipt of such appeal from the Personnel Officer, if at all practicable. The Personnel Officer shall provide the Personnel Commission members with a copy of the employee's appeal within five (5) business days of receiving the employee's appeal, along with copies of the written grievances/appeals and decisions submitted or issued under Subsections (A) and (B) of this Section, as applicable. No other documentation shall be submitted to the Personnel Commission, except as to scheduling and procedural matters.

At the hearing of such appeals, technical rules of evidence shall not apply. The complainant may be represented by counsel. The Personnel Commission shall endeavor to render its decision affirming or reversing the decision of the department head within thirty (30) calendar days after the hearing, with the department head's decision being affirmed if the department head acted within his/her authority and there is competent evidence to support the decision of the department head, as may have been affirmed or modified by any review by the Mayor. The decision of the Personnel Commission shall be final.

Section 125.280 Grievance Procedure Under Title II Of The Americans With Disabilities Act.

[Ord. No. 8722, 9-13-2021]

This grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Florissant. Sections 125.600 and 125.650 of the City's Personnel Code govern employment-related complaints of disability discrimination.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than sixty (60) calendar days after the alleged violation to:

ADA Coordinator/Director of Human Resources City of Florissant

955 Rue St. Francois Florissant, MO 63031

Within fifteen (15) calendar days after receipt of the complaint, the Director of Human Resources will meet with the complainant to discuss the complaint and the possible resolutions. Within fifteen (15) calendar days of the meeting, the Director of Human Resources will respond, in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Florissant and offer appropriate options for substantive resolution of the complaint.

If the response by the Director of Human Resources does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within fifteen (15) calendar days after receipt of the response to the Mayor.

Within fifteen (15) calendar days after receipt of the appeal, the Mayor will meet with the complainant to discuss the complaint and possible resolutions. Within fifteen (15) calendar days after the meeting, the Mayor will respond, in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by the ADA Coordinator/Director of Human Resources, appeals to the Mayor, and responses from these two (2) offices will be retained by the City of Florissant for at least three (3) years.