Chapter 20: Police

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CONTENTS

ARTICLE I.  IN GENERAL

§ 20-1.        Establishment.

§ 20-2.        Penalties.

§§ 20-3 to 20-7.  Reserved.

ARTICLE II.  POLICE PERSONNEL BOARD

§ 20-8.        Police personnel board established; appointment; terms.

§ 20-9.        Powers and duties.

§ 20-10 to 20-14.  Reserved.

ARTICLE III.  POLICE CHIEF

§ 20-15.      Appointment of police chief.

§ 20-16.      Qualifications.

§ 20-17.      Authority.

§ 20-18.      Duties.

§§ 20-19 to 20-23.  Reserved.

ARTICLE IV.  MEMBERS OF POLICE DEPARTMENT

§ 20-24.      Appointment.

§ 20-25.      Qualifications.

§ 20-26.      Police personnel - Tenure.

§ 20-27.      Oath.

§ 20-28.      Assignments.

§ 20-29.      Prohibitions.

§ 20-30.      Forfeiture position.

§ 20-31.      Demotion, suspension or discharge - Hearing.

§ 20-32.      Restrictions applying to suspended officers.

§ 20-33.      Police personnel authority.

§ 20-34.      Duty hours.

§ 20-35.      Duties.

§ 20-36.      Duties; specific.

§ 20-37.      Uniform.

§ 20-38.      Uniform; when off duty.

§ 20-39.      Care of uniform and equipment.

§§ 20-40 to 20-44.  Reserved.

ARTICLE V.  CONDUCT OF POLICE OFFICERS

§ 20-45.      Conduct and deportment.

§ 20-46.      Cooperation.

§ 20-47.      Standard of conduct.

§ 20-48.      Members to use judgment.

§ 20-49.      Members to be familiar with rules etc.

§ 20-50.      Disturbances.

§ 20-51.      To give name.

§ 20-52.      Testimony.

§ 20-53.      Truthfulness of members.

§§ 20-54 to 20-58.  Reserved.

ARTICLE VI.  EMERGENCIES OUTSIDE CITY LIMITS

§ 20-59.      Definitions.

§ 20-60.      Authority of officer.

§ 20-61.      Response.

§ 20-62.      Limitations of police powers.

§ 20-63.      Report of emergency response.

§§ 20-64 to 20-68.  Reserved.

Chapter 20

POLICE

ARTICLE I

IN GENERAL

Sec. 20-1.  Establishment.

        A merit system police department is hereby adopted by the city council of the City of St. James, Missouri, under and according to the provisions of Sections 85.541 of the Revised Statutes of the State of Missouri.  (Ord. 386, §1.)

Sec. 20-2.  Penalties.

        Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor.  (Ord. 386, §14.)  (For penalty, see Sec. 1-13.)

Secs. 20-3 to 20-7.  Reserved.

ARTICLE II

POLICE PERSONNEL BOARD

Sec. 20-8.  Police personnel board established; appointment; terms.

        Appointment, Term of Office -  A police personnel board is hereby established.  The board shall be composed of four (4) members of the city council of the City of St. James, Missouri and be approved by a majority of the elected council members of the City of St. James, after a suggested list submitted by the incumbent mayor.  The mayor being entitled, at his discretion, to break a tie vote, of the initial four (4) members, one shall be appointed as Chairman, hereinafter designated as "Commissioner of Police."  His appointment shall be for his term of office, providing that he is not removed from office for just cause.  Members of the board shall serve until their successors shall have been appointed and qualified.  (Ord. 386, §2.)

Sec. 20-9.  Powers and duties.

        The board shall have the following powers and duties:

        (a)   Examinations- The board, from time to time, shall conduct open competitive examinations and promotional examinations as they deem necessary to establish eligibility and promotional registers.  The examinations shall be of such character as to determine the relative qualifications, fitness and ability of the persons tested to perform the duties of the class of positions for which a register is established.  The examination may be divided into various parts, and may be written, oral, physical, evaluate training and experience, require a demonstration of skill or any combination of these factors.  The examinations shall be of such character, health, physical fitness, marksmanship and other qualifications as, in the judgment of the board, shall enter into a proper determination of the relative fitness of the applicants.

        (b)   Notice of examinations - The board shall give public notice of each open competitive examination and promotional examination, sufficiently in advance, to afford persons who are interested in taking the examination a reasonable opportunity to apply.  The time between the official announcement of an examination and the holding of same shall not be less than fifteen days.

        Each official notice of an examination shall state the titles, duties and pay of the positions in the class for which the examination is to be held, the necessary or desirable qualifications required, and the time, place and manner of applying for admission to such examination.

        The official announcement shall consist of the posting of an official notice thereof in any newspaper published, and of general circulation, within the city and of the posting thereof on a public bulletin board maintained at the office of the police department and the CityHallBuilding.  The board shall also use such other means of publication as in its judgment is best suited and reasonably necessary to inform the public that the examination is to be given.

        (c)   Rating of examinations- Ratings of each examination shall be completed and the appropriate registers established not later than ninety  (90) days after the first part of the examination was held, unless such time is extended by the board for reasons stated in their official records.  The methods of rating the various parts of the examinations and the minimum satisfactory grade shall be determined by appropriate regulations.  Each person taking the examination shall, in accordance with regulations adopted by the board, be entitled to inspection by the general public.  A manifest error in rating and grading of an examination which affects the relative ranking of persons taking the examination shall be corrected if called to the board's attention in writing by certified mail within thirty (30) days after the establishment of the register.  No hiring or appointment shall be made during the thirty (30) day period.

        (d)   Registers- The board shall keep an application and promotional register, in which shall be entered the names and addresses, the order and date of applications of all applicants for competitive examinations, and the positions in the police department sought by the applicants.  All applications shall be on forms prescribed by the board.

        (e)   Rejection of applications- The board may reject the application of any person for admission to an examination or may strike the name of any person on a register for a position in the police department, or withdraw the certification of such person if it finds that such person is physically unfit to perform effectively the duties of the position to which he seeks employment, or is addicted to the habitual use of drugs or intoxicating beverages, or has been convicted of a crime or guilty of any notorious or disgraceful conduct, or had been dismissed from any public service because of delinquency, or has made a false statement of fact, or attempted to practice any fraud or deception in his application or in his examination or in attempting to secure appointment to the city police department.

        (f)    Rules and regulations - The board shall formulate and adopt all necessary rules and regulations reasonably necessary for the efficient operation of the merit system and in the qualification and appointment of members to the city police department.  The rules shall include provisions for:

                (1)   Frequency of competitive examinations.

                (2)   Standardization and classification of all positions in the police department on the basis of duties and responsibilities, and so arranged as to promote the filling of the higher grades through promotion as far as practicable.

                (3)   Certification to the appointing authority of eligible persons for the purpose of filling vacancies.

                (4)   Temporary or emergency appointments, in the absence of an eligibility list.

        (g)   Certification of eligibles- The personnel board with the advice of the chief of police, shall certify a list of all eligible persons for membership in the police department to the mayor and the city council as often as is necessary for the good of the department and the interest of the public.

        (h)   Salaries for personnel- The board shall from time to time study and recommend to the city council appropriate salaries for members of the police department.  (Ord. 386, §3.)

Secs. 20-10 to 20-14.  Reserved.

ARTICLE III

POLICE CHIEF

Sec. 20-15.  Appointment of police chief.

        (a)   Pursuant to the result of the city election held in the City of St. James, Missouri on the 6th day of April, 1965 at which election a majority vote was received on the proposition for the appointment of a chief of police, there is hereby created for the City of St. James, Missouri the office of chief of police.  (Ord. 247, §1.)

        (b)   The chief of police shall be appointed by the mayor with the advice and consent of the council who shall be entitled to hold office during good behavior and efficient service and until he shall have reached the age of sixty-five.  (Ord. 247, §2.)

Sec. 20-16.  Qualifications.

        No person shall be appointed to the office of chief of police unless he is at least twenty-five years of age, of good moral character and shall have passed a satisfactory physical examination.  (Ord. 247, §3.)

Sec. 20-17.  Authority.

        The chief of police is the director of the police department.  He shall have immediate and direct control of the department, subject to the supervision of the mayor or his designate and subject to such other rules, regulations and orders as the mayor may prescribe.  He shall promulgate and enforce orders as the mayor may prescribe.  He shall promulgate and enforce orders, rules and regulations (consistent with this Code and with the rules, regulations and orders of the mayor) for the efficient operation of the police department.  Members of the department shall be hired by the city council.  (1977 Code)

Sec. 20-18.  Duties.

        (a)   The chief of police shall have all the powers of arrest as provided for all police officers and shall be charged with the responsibility of supervising and directing the activities of all police officers of the city and the activities of the police department of said city.  (Ord. 247, §4.)he chief of police shall devote his entire time to the discharge of his official duties.  He shall not be absent from the city except in the performance of his official duties, or when granted leave of absence by the mayor.  (1977 Code)

Secs. 20-19 to 20-23.  Reserved.

ARTICLE IV

MEMBERS OF POLICE DEPARTMENT

Sec. 20-24.  Appointment.

        (a)   Regular police  - The mayor, with the consent of a majority of the elected members or the city council, shall appoint and promote all personnel in the police department solely from the list of eligibles certified by the personnel board.  (Ord. 386, §4.)

        (b)   Special police- The mayor shall have the power and authority to appoint "special" policemen from a list of eligible candidates certified by the personnel board, in case of extraordinary emergencies, unusual public celebrations, exhibitions, or gatherings within the city, or when for other causes the public safety may require it.

        Before entering upon their duties, such special policemen shall take the oath of office prescribed for other members of the department.  Special policemen shall have the same powers and perform the same duties as other members of the department, and upon the termination of the emergency or other cause for their appointment, they shall be discharged by the mayor.

        Special policemen used solely for temporary periods of time under the provisions of this section shall not be subject to the merit system provisions of this Ordinance.  (Ord. 386, §12.)

        (c)   Special police shall receive a fee of two ( $2.00) dollars per meeting.  (1977 Code)

Sec. 20-25.  Qualifications.

        Any person appointed as a member of the police department shall be able bodied, industrious, sober, and shall possess such other general qualifications as may be prescribed by rule of the police personnel board.  (Ord. 386, §9.)

Sec. 20-26.  Police personnel - Tenure.

        (a)   Current personnel- The chief of police and all other members of the police department serving as of the effective date of this Ordinance shall be deemed qualified without examination to serve in the position which they then hold.  (Ord. 386, §7.)

        (b)   New personnel- All persons appointed or promoted to a position in the police department shall be entitled to hold office during their good behavior and efficient service.  (Ord. 386, §5.)

Sec. 20-27.  Oath.

        Each member of the police department, before entering upon the discharge of their duties, shall take the oath of office prescribed for city elective officers.  (Ord. 386, §10.)  (See also Sec. 20-24(b).)

Sec. 20-28.  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 of police) are considered patrolmen.  (1977 Code)

Sec. 20-29.  Prohibitions.

        No member of the police department or applicant seeking a position therein, shall be appointed, promoted, demoted, favored or discriminated against because of sex, race, political or religious opinions or affiliations.  No person shall willfully or corruptly make any false statement, certificate, mark or report in regard to any examination, certification or appointment held or given under the provisions of this Ordinance, or in any manner commit, or attempt to commit, any fraud preventing the impartial execution of the provisions of this Ordinance, or of any rules and regulations made thereunder.  No person seeking appointment to, or promotion in, the police department, shall directly or indirectly give, render, or pay any money, service or other valuable thing to any person, for or on account of, or in connection with his examination, appointment, proposed appointment, promotion or proposed promotion.

        No person shall use, or threaten to use, any influence, persuasion or coercion to compel, or attempt to compel, any member of the police department to violate any provision of this section.  No person shall use, or promise to use, directly or indirectly, for any consideration whatsoever, any official authority or influence to secure or attempt to secure for any person an appointment or advantage in an appointment to any position in the police department or any increase in pay, promotion or other advantage in the department.  (Ord. 386, §8.)

Sec. 20-30.  Forfeiture position.

        Any member of the police department who violates any  provision of section 20-29 of this Ordinance shall forfeit his position as member of the department.  (Ord. 386, §13.)

Sec. 20-31.  Demotion, suspension or discharge - Hearing.

        The mayor or the chief of police may demote, suspend or discharge for misbehavior, inefficiency, neglect of duty, or other valid cause, any member of the police department when the good of the department will be promoted thereby.  The reason for such demotion, suspension or discharge shall be stated in writing and given to the police personnel board and to the effected member of the department.  Any regular member of the department who is demoted, suspended or discharged may appeal to the police personnel board and be granted a public hearing.  (Ord. 386, §6.)

Sec. 20-32.  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.  (1977 Code)

Sec. 20-33.  Police personnel authority.

        The chief of police, in matters of law enforcement, shall be subject to a direct line of communication from the mayor and police commissioner only; all other members of the police department shall be subject to the orders of their superiors in the police department and to the mayor and police commissioner.  (Ord. 386, §11.)

Sec. 20-34.  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.  (1977 Code)

Sec. 20-35.  Duties.

        Each patrolman shall:

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

                (2)   Examine all doors and windows of commercial and industrial buildings at night and report any that are not properly secured to the owner thereof.

                (3)   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.

                (4)   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.

                (5)   Enforce all traffic ordinances in addition to his other duties.

                (6)   Observe and report all violations of city ordinance and state law.

                (7)   Be responsible for the care and operation of the vehicle assigned to him.  (1977 Code)

Sec. 20-36.  Duties; specific.

        (a)   It is hereby made the duty of the police officers of this city, when directed so to do by the mayor or acting mayor of said city to enter into and be present at all public, semi-public or private meetings held or conducted in said city at any opera house, public meeting hall or other place of  assembly commonly used for public, semi-public or private meetings and gatherings and to preserve order at such meetings and to see that the fire regulations of said city are enforced.

        (b)   The mayor, or acting mayor, may in his discretion deputize as special police officers for the purpose of this section such number of citizens as in his judgment may be sufficient for the purposes specified herein to attend and be present at such meetings and gatherings held in opera houses, public halls and other gathering places commonly used for public, semi-public or private gatherings.  Such persons so deputized by the mayor shall serve only for the occasion of their specific appointment.

        (c)   This section shall not apply to any gathering held in a private home nor to any church or other purely religious gathering.  (1977 Code)

Sec. 20-37.  Uniform.

        Every member of the department shall wear the uniform as the city council may from time to time prescribe.  One uniform and leather will be furnished and remain the property of the city, to be surrendered upon leaving the service.  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.  Each individual officer will furnish his own weapon.  (1977 Code)

Sec. 20-38.  Uniform; 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.  (1977 Code)

Sec. 20-39.  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.  (1977 Code)

Secs. 20-40 to 20-44.  Reserved.

ARTICLE V

CONDUCT OF POLICE OFFICERS

Sec. 20-45.  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.  (1977 Code)  (See also Sec. 20-53.)

Sec. 20-46.  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.  (1977 Code)

Sec. 20-47.  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.

                (2)   For intoxication while either on or off duty.

                (3)   For willful disobedience to any order lawfully issued to him.

                (4)   For disrespect shown to the mayor or a councilman.

                (5)   For incompetency in the performance of his duties.

                (6)   For any neglect of duty.

                (7)   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.

                (8)   For unnecessary and unwarranted violence toward a prisoner.

                (9)   For cowardice or for lack of energy which may be construed as either incompetency or gross neglect of duty.

                (10)   For sleeping while on duty.

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

                (12)   For indecent, profane or harsh language while on duty or in uniform.

                (13)   For absence without leave.

                (14)   For conduct unbecoming an officer or a gentleman, whether on duty or off duty.

                (15)   For conduct detrimental to the good order and discipline of the department.

                (16)   For careless handling of city property, either fixed or movable.

                (17)   For conviction of any felony or misdemeanor.

                (18)   For repeated violation of city ordinances.

                (19)   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.

                (20)   For loss of firearm or other weapon while on duty. 

(1977 Code)  (See also Sec. 20-39.)

Sec.  20-48.  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.

Sec. 20-49.  Members to 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.  (1977 Code)

Sec. 20-50.  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.  (1977 Code)

Sec. 20-51.  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.  (1977 Code)

Sec. 20-52.  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.  (1977 Code)

Sec. 20-53.  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."  (1977 Code)

Secs. 20-54 to 20-58.  Reserved.

ARTICLE VI

EMERGENCIES OUTSIDE CITY LIMITS

Sec. 20-59.  Definitions.

        For the purpose of this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

        Emergency situation shall mean any unforeseen combination of circumstances or events involving danger to human life or property which requires immediate action.

        Municipal police officershall mean any police officer of the City of St. James, Missouri who has completed the basic police training program as established by Chapter 590 of the Revised Statutes of Missouri, excluding reserve officers.  (Ord. 474, §1.)

Sec. 20-60.  Authority of officer.

        A municipal officer of the City of St. James, Missouri shall have the authority in accordance with the departmental procedures to respond to an emergency situation outside the boundaries of the City of St. James, Missouri while on duty.  (Ord. 474, §2.)

Sec. 20-61.  Response.

        The authority contained herein shall permit the response by one (1) or more municipal police officers to an emergency situation within a fifty (50) mile radius from the corporate limits of the City of St. James, Missouri, in any incorporated or unincorporated area.  The chief of the police department or his designee may at his discretion authorize additional response beyond this designated area.  (Ord. 474, §3.)

Sec. 20-62.  Limitations of police powers.

        Police officers shall not leave the city inhabitants with inadequate police protection or be absent for extended periods of time, but that the response shall be in aid of, and to assist, the authorities of the county or the municipality in which the emergency situation is located.  No police officer of the city shall be authorized to make an arrest by reason of this authorization to respond, nor shall he be authorized to use his weapon except to respond to a threat of serious physical harm to himself or others or to make an arrest for a felony violation involving the infliction or threat of infliction of serious physical harm.  (Ord. 474, §4.)

Sec. 20-63.  Report of emergency response.

        Every response to an emergency situation outside the city's boundaries shall be reported by the police officer involved to the chief of police who in turn shall notify the mayor of the city with a written explanation for the reason for said response.  A copy of this notification shall be kept on permanent file with the city clerk.  (Ord. 474, §5.)

Secs. 20-64 to 20-68.  Reserved.