Chapter 71 – Police Department

Chapter 71–Police Department

 

71.010.    Definitions.

 

  1. Chief of police. Shall be the chief administrative officer of the Department of Police.  All other police officers, regardless of rank, shall be under the direct supervision of the chief of police.

 

  1. Assistant chief of police. Shall be second in command and shall be under the supervisory authority of the chief of police only.  He shall act as chief of police whenever the chief of police shall be absent or unable to perform his duties.

 

  1. Shall be directly responsible to the chief of police and assistant chief of police only, and shall have general supervisory power over all other officers.

 

  1. Shall be directly under the supervision of the chief of police, assistant chief of police and captain and have general supervisory powers over all other officers.

 

  1. Shall be under the supervision of the chief of police, assistant chief of police, captain and sergeant.

 

  1. Reserve patrolman. Shall be under the supervision of any full-time officer of the City of Holden.

 

  1. Temporary policeman. Shall be under the supervision of any full-time officer of the City of Holden unless temporarily appointed to the rank of sergeant, in which case he will act with the same authority over other officers as if he were a full-time officer with the rank of sergeant.

 

  1. Probationary policeman. Shall be a full-time police officer below the rank of sergeant, or temporary officer with the rank of sergeant who has not completed his 180-day probationary period.

71.020.    Composition.  The police department of the City shall consist of a chief of police and such other officers and patrolmen as the City may hire from time to time.

 

71.030.    Duties of the chief of police.  The chief of police shall be the chief administrative officer of the department of police and shall be responsible for the enforcement and maintenance of law and order and shall:

 

  1. Make all assignments of officers. Assign the time that each officer shall report to work, the hours each officer shall work and the form of work each officer shall engage in.

 

  1. The police chief shall have the power to make temporary appointments to fill immediate needs. Said appointments shall be made from a list of certified personnel provided by the merit board provided, however, the police chief may make temporary appointments of personnel from other law enforcement agencies if needed for an emergency or special event.  Any temporary

appointment must be approved by the City Council at the next City Council

meeting.  No temporary appointment may be made for a period exceeding thirty days and no individual may be appointed whose cumulative time under temporary appointment exceeds 180 days.

 

71.035.    Merit Board-police department.

 

  1. There is hereby created and established a merit system police department and Merit Board within and for the City, under and subject to the provisions of Sections 85.541-85.571, RSMo., with the Merit Board to administer its operation as herein provided.

 

  1. Any person presently holding a position in the police department shall be retained in their present position without further performance tests, and no reappointment shall be necessary, but such person shall thereafter be subject in all other respects to this section in the case of promotions within the department.

 

  1. Police department shall have a chief of police, and may have an assistant chief of police and such number of other officers of such rank and grade as shall be prescribed by ordinance, to be paid such salary as may be established from time to time.

 

  1. The Merit Board shall adopt and provide for open fitness and competitive examinations as to the fitness and qualifications for all the positions in the police department.

 

  1. The Merit Board shall provide from the returns of the examination a certification list of persons for each classification of positions. The Merit Board shall have the authority to revise the certification lists from time to time as circumstances may warrant.

 

  1. There are hereby established the following classifications of police officers:

 

  1. Class I: chief of police.

 

  1. Class II: assistant chief of police, captain and sergeant.

 

  1. Class III: Class I Patrolman Class II Patrolman

Class III Patrolman

 

  1. Class IV: Reserve officers and temporary officers.

 

  1. The chief of police shall recommend one person from the applicants certified by the Merit Board for each opening in the police department to the City Council.

 

  1. (ORD # 4-95) Any office appointed shall be placed on probation as provided for in Chapter 23.  Any probationary officer may be discharged by the Chief of Police with the approval of the Mayor, without cause, during his probationary period.  An officer so discharged shall not be entitled to have his discharge reviewed by the Merit Board.
  1. The chief of police shall have general supervisory powers over the assistant chief and all other employees of the police department, and shall have the power to promote and demote officers under his command if said officers have been approved by the Merit Board until the next meeting of the City Council.

 

  1. The mayor, with the approval of a majority of all council members, or the City Council with a two-thirds majority vote, shall have the authority to suspend, demote or discharge any member of the police department with cause. Appeal of this decision must be initiated within 48 hours of the suspension, the demotion or discharge.  A decision of the Merit Board shall be final.  If the decision is in favor of the officer, he shall be paid all wages lost as the result of the suspension, demotion or discharge and shall be reinstated with all rights unimpaired.

 

  1. The chief of police shall have the authority to suspend for a definite period of time, not exceeding thirty days, any officer in Class II, and III, for cause. In the event of an appeal to the Merit Board, the decision of that board shall be final.  If the decision is in favor of the aggrieved officer, he shall be paid all wages lost as a result of the suspension, demotion or discharge.

 

71.036.    Merit Board personnel.

 

  1. The Merit Board provided for herein shall consist of six members appointed by the mayor with the consent of the majority of the City Council. All appointments shall be for three years, with two of said appointments being made each year.  The mayor shall have the power to fill all vacancies for unexpired terms in a like manner as the original appointments are made.
  2. No person shall be appointed to the Merit Board unless they have attained their twenty-first birthday, they are registered voters of the City and have been a resident of the City for at least six months prior to the appointment. Said persons shall be of good character and reputation, and shall not hold any other office or public employment with the City, (Ord.#7-87) or within any other law enforcement agency.  Nor shall they be directly related by blood or marriage to any member of the police department during their tenure in office.

 

  1. The mayor may, with the consent of the majority of the City Council, remove any member of the Merit Board from office. A member may also be removed by a two-thirds vote of the City Council, independently of the mayor’s approval or recommendation.  A removal from offices herein provided shall result in a vacancy in said office.

 

  1. The Merit Board shall organize itself and shall be the Board’s duties, as a body, to:

 

  1. Hold regular meetings at least once a month or as often as may be required in the proper discharge of its duties;

 

  1. Choose one of the members of the Board each year to act as chairman, but no member shall serve more than two consecutive years in this capacity;

 

  1. Require a majority of the members to constitute a quorum to transact business;

 

  1. Prepare or cause to be prepared and give examinations to candidates for appointment and promotion to provide lists of certified persons to the mayor;

 

  1. Appoint a secretary to record the minutes of the meeting;

 

  1. Perform such other duties as the City may by ordinance prescribe.

 

  1. The Merit Board shall have the authority and power to uphold or reduce, or modify the severity of any disciplinary action which results in an appeal to said board, with such action taken by the board being final.

 

71.037.    Residence of Officers.  (ORD # 03-05  Repealed.

 

71.040.    Patrolmen, assignments.  Assignment of a patrolman is at the discretion of the chief of police.  For the purpose of this Chapter, all police (including the chief) are considered patrolmen.

 

71.050.    Patrolmen, duties.  For each patrolman shall;

 

  1. be familiar with every part of town, observing anything unusual to assist in the prevention of crime.

 

  1. examine all doors and windows of commercial and industrial buildings at night and report to the owner thereof any that are nor properly secured.
  2. report whenever he has reasonable grounds to suspect that any building or part thereof is being used in violation of the law or is the resort for persons of known bad character and be prepared to give information relative to the nature of business conducted by firms on his beat.

 

  1. not leave the City limits while on duty except in case of emergency and in such cases must file a written report of the same with the city clerk who shall make the report available to the mayor.
  2. enforce all traffic ordinances in addition to his other duties.
  3. observe and report all violations of City ordinances and state law.
  4. be responsible for the care and operation of the vehicle assigned to him.

 

71.060.    Standard of conduct.  Any of the following is sufficient cause for the suspension or discharge of any member of the police department:

 

  1. For drinking intoxicating liquor while on duty or in uniform.

 

  1. For intoxication while either on or off duty.
  2. For willful disobedience to any order lawfully issued to him.

 

  1. For disrespect shown to the mayor or a councilman.

 

  1. For incompetency in the performance of his duties.

 

  1. For any neglect of duty.

 

  1. For making known any investigation or proposed movement of the department to any person not a member of the department or the City Council, or for discussing the affairs of the department, in a manner likely to disrupt the movement or discipline of the department, with any person not a member of the department or the City Council.

 

  1. For unnecessary and unwarranted violence toward a prisoner.
  2. For cowardice or for lack of energy which may be construed as either incompetency or gross neglect of duty.

 

  1. For sleeping while on duty.

 

  1. For violating any of the rules, regulations, or orders of the department or of the mayor, if same be in writing.

 

  1. For indecent, profane or harsh language while on duty or in uniform.

 

  1. For absence without leave.

 

  1. For conduct unbecoming an officer or a gentleman, whether on duty or off duty.

 

  1. For conduct detrimental to the good order and discipline of the department.

 

  1. For careless handling of City property, either fixed or movable.

 

  1. For conviction of any felony or misdemeanor.

 

  1. For repeated violation of City ordinances.

 

  1. For failure to cooperate with the City prosecutor in the preparation or trial of any case, or for providing assistance to a defendant or defense counsel in any legal action brought by the City.

 

  1. For loss of firearm or other weapon while on duty.

 

71.070.    Right of appeal.  The right of appeal granted City employees by Section 23.150 (7) et seq. is expressly preserved for members of the department.

 

71.080.    Conduct and deportment.  All members of the department shall be quiet, civil, and orderly in their conduct and deportment, and shall at all times be attentive and zealous in the discharge of their duty, controlling their temper and exercising the utmost patience and discretion.  They shall answer any questions put to them with all possible correctness and courtesy (not in a short or careless manner), avoiding at all times unnecessary conversation or argument.

 

71.090.    Disturbances.  Any member of the department shall go instantly to the scene of any disturbance or breach of the peace occurring within his vicinity, use his best effort to restore peace and quiet, making such arrests as may be necessary, and notify and make necessary reports to the Police Department.

 

71.100.    Truthfulness of members.  All members of the department are required to speak the truth at all times, and under all circumstances, whether under oath or not.  If forbidden by the rules of the department to divulge information, they will state “No Comment.”

 

71.110.    Members to give name.  Any member of the department, when called upon to do so by any person under any circumstances, shall give his name in a respectful and courteous manner.

 

71.120.    Cooperation.  Every member of the department is expected to discharge his duties with coolness and firmness in all cases; and in times of extreme peril all available officers shall act together and assist and protect each other in restoring peace and order.  Anyone shirking his duty in case of danger or responsibility in an emergency shall be considered unworthy of a place in the department, and may be discharged.

 

71.130.    Members to use judgment.  All members of the department shall be particularly careful not to interfere officiously or unnecessarily in the private business of any person, but when required to act in the discharge of their duty they shall do so with energy and decision, and in the proper exercise of their authority they will receive the fullest support of the department.

 

71.140.    Testimony.  Officers shall appear in court on any case in which they are witnesses.  If duty demands their absence from the municipal court (police court), they shall report the matter to the chief of police in order that the case may be continued.  Officers on the witness stand, in response to questions asked, will state in clear and distinct words, truthfully, all they know regarding a matter, without fear or reservation and without any desire or design to influence the result.

 

71.150.    Members will be familiar with rules, etc. Each member of the department will be furnished with a copy of any rules, regulations, and orders issued by the Chief of Police or the Mayor, which he shall keep in his possession, and with which he shall be familiar at all times.

 

71.160.    Uniform.  Every member of the department shall wear the uniform as the chief of police may from time to time prescribe and said uniforms shall be furnished by the officers and remain the property of the officers.  They shall, when on duty, carry such equipment as the chief of police may prescribe  or adopt and when in uniform, keep their badge always in sight.  No member of the department shall ever appear for duty in civilian clothing without special permission of the chief of police or as special circumstances may warrant.

 

71.170.    Same, when off duty.  No member of the department shall ever wear his uniform or any part of it when off duty, except with the express permission of the chief of police.

 

71.180.    Same, care of uniform and equipment.  All members of the department will be required to be neat in

appearance and keep their uniforms and equipment in good condition and in perfect order and repair.

71.190.    Restrictions applying to suspended officers.  No member of the department shall wear his uniform or carry a pistol while under suspension for any cause; and such member shall immediately surrender his badge and police identification to the chief of police when notified of his suspension.

 

71.200.    Duty hours.  Although certain hours are required for the performance of duty on ordinary occasions, members must be prepared at all times to act immediately on notice that their service is required.  Members of the department shall be considered as always on  duty for the purpose of discipline.  The hours of duty will be regulated by the chief of police.

 

71.210.    Police vehicles.  Police officers are not to use police vehicles except in the discharge of their duties.  Police vehicles are not available for personnel use.

 

71.220.    Duty to preserve peace.  Although regular hours of duty shall be assigned to all members of the department, it shall be the duty of every officer of the department, at all times, day or night, within the City, to preserve the public peace, protect the rights of persons and property, guard the public health, preserve order at all elections and public assemblies; prevent and remove, if possible, nuisances on and in all streets, highways, areas, alleys, and other places, and enforce the criminal law of the State of Missouri and the ordinances of the City.

 

71.230.    Use of unnecessary violence toward prisoners.  No officer shall willfully mistreat or use unnecessary violence toward any person, prisoner or otherwise.  He shall not strike any prisoner except as a last resort in an effort to overcome resistance or prevent escape.  An officer shall not shoot at a fleeing person or any escaping prisoner unless he has probable cause to believe that such person has committed a felony.

 

71.235.    (ORD.10-99)   Excessive force.

 

  1. The City hereby adopts and will enforce this policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations. The City also prohibits the physical barring of any entrance or exit to such a facility and will enforce all applicable state laws regarding same.
  2. Any person found to be violating any provisions of this resolution shall be served by the City with written notice stating the nature of the violation.

 

  1. Any person guilty of this violation shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred (100) dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
  2. Any person violating any of the provisions of this resolution shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.

 

 

 

 

 

71.240.    Qualifications for police officers.  All full-time police  officers employed by the City shall be between the ages of twenty-one years of age and sixty-five years of age.  They shall me of good moral character and shall not have been convicted of any misdemeanor or felony.  They shall be able  to write legibly and shall furnish at least three good character references.  A written examination for any applicant for police officer for the City shall be discretionary with the City Council.  Any police officer so employed shall reside with the City.  Any of these qualifications may be waived by the City Council by resolution.