HomeMy Public PortalAboutORD07804 BILL NO., _ _Z5 � � �
INTRODUCED BY COUNCILMAN: Hiesberger
ORDINANCE NO. 7804 (\v)l"-�1A
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI REPEALING ORDINANCES
NUMBERED 7650 AND 7651 OF THE CITY OF JEFFERSON, MISSOURI, RLATING TO
THE POLICE DEPARTMENT OF THE CITY AND ENACTING A NEW ORDINANCE ESTAB-
LISHING A MERIT SYSTEM POLICE DEPARTMENT AND REGU1,ATING THE OPERATION
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. Rep al Clause. . Ordinances numbered 7650 and 7651 of the
City of Jefferson,Missour relating to the Police Department of the City
be, and the same are hereby, repealed.
Section 2. Merit System Police Department. A merit system police
department is hereby established in this city. Every appointment or
promotion to a position in the police department shall be on the basis
of merit determined by the person's ability and eligibility rating
established by competitive examinations . No.appointment, promotion,
demotion. or dismissal of a member of the police department shall be
based on favoritism, prejudice or discrimination, political affiliation
or endorsement.
Section 3. Police Personnel Board; Appointment, Term of Office.
A police personne oar s ere y esta is e d. The--board s a e
composed of six members, three from each of the two largest political
parties in the city. Members of the board shall be appointed by the
Mayor with the consent of a majority of the elected members of the city
council. Of the initial six members , two shall be appointed for a
term of one year, two members for two years,, and two members for three
years . Thereafter, every year two members .(one from each of the two
largest political parties in the city) shall be appointed for a term
of three years. The Mayor, with the consent of a majority of the
members of the city council, shall fill vacancies for any unexpired
term. A member of the board may be removed for cause in the same manner
as prescribed by ordinance for the removal of other city appointive
officers. Members of the board shall serve until their successors
shall have been appointed and qualified.
Section 4. Police Personnel Board; Qualifications. Each member
of the board shall e a res ent o the city or at east two years
immediately prior to his appointment. Members of any official political
party committee shall not be eligible for membership on the board.
Members of the board shall be required to take the oath of office
. prescribed by ordinance for city officers , including a statement
that they are in sympathy with the merit principle as it relates to
the city police department.
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Section 5. Police Personnel Board; Organization, Rules Comp-
ensation. The board at its firsE-meeting shall elect one ot t e r
members chairman to serve for the term specified. The board shall
adopt rules governing its internal operation and file a copy of same
MW with the Clerk of the City. Board members shall serve without
compensation.
Section 6. Police Personnel Board•Powers and Duties . The Board
s1.1all 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 as to determine the relative
qualifications of the persons taking the examination and may take
into consideration any relevant factor including training, experience,
aptitude, capacity knowledge, 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. Political or religious opinions or affiliations shall
not be considered in determining the qualifications of an applicant
and no question shall be framed to elicit information concerning
same.
(b) Notice of Examinations. The Board shall give public notice
of each open competitive examrnation and promotional examination,
sufficiently in advance of same and of a sufficient width in scope,
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 in the city hall
building. 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 completeil"and the appropriate registers established not later
than ninety 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
be notified in writing whether he passed or failed the examination ;
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Each person taking the examination shall, in accordance with regulations
adopted by the board, be entitled to inspect his examination papers
and ratings, but ratings shall not be open to inspection by the
general public. A manifest error in rating and grading of an exam-
ination 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 30 days after the establishment of
the register, but such correction shall not invalidate any appointment
previously made from such register unless it is established that the
error was made in bad faith and with intent to deprive the person
adversely affected of certification to the eligibility list.
(d) Registers. The Board shall keep an application and pro-
motional 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 appli-
cation 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 lacks any of the required qualifications, or 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 has 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 egulations 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 approved
by the board shall then be submitted to the city council and shall
become effective when approved by the council. 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 in order of rank, 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 shall
certify a list of all eligible persons for membership in the police
department to the Mayor of the city as often as is necessary for the
good of the department and the interest of the public.
(h) Oath and Subpoenas. Any member of the board, on behalf
of the board, shad have power to administer oaths, subpoena witnesses
and compel the production of books and records relevant to any investi-
gation or hearing authorized by this ordinance. Attendance of witnesses
may be compelled by attachment if necessary. Persons who fail to
produce books and records subpoenaed by the board, or who fail to
testify without lawful cause, or who testify falsely shall be deemed
guilty of a misdemeanor and shall be punished as hereinafter provided .
(i) Appeals . Any member of the city police department who
is demoted, suspended or discharged may appeal in writing to the police
personnel board, within thirty (30) days after the effective date of
such action., setting forth his reasons for claiming his or her demotion,
suspension or discharge was not for good cause or for the good of the
department.
Upon such action the board shall within ten (10) days hear
the appeal and the appellant, the chief of police and the appointing
authority shall have the right to be heard in person and to be
represented by counsel, and to present evidence at such hearing which
shall be a public hearing at the request of the appellant. Technical
rules of evidence shall not apply at such hearing.
Upon consideration of the evidence, and within fifteen (15)
days of the conclusion of the hearing, the board shall approve or
disapprove the action appealed from and in the event of a disapproval,
the Board shall order the appellant reinstated to his or her former
Ak position and payment of such salary as was lost to the appellant by
reason of such demotion, suspension or discharge.
(j) Salaries for Personnel. The Board shall from time to
time study an recommen to t e city council appropriate salaries for
members of the police department.
Section 7. AgpointiM Authority. The Mayor, with the consent of
a majority of the elected members Oythe city council, shall appoint
and promote all personnel in the police department solely from the
list of eligibles certified by the personnel board.
Section 8. Police Personnel• tenure. All persons appointed or
promoted to a position in t e police epartment shall be entitled to
hold office during their good behavior and efficient service.
Section 9. Police p_ersonnel;demotion, suspension or discharge;
hearing. The chi—et o ' police may demote, suspend or discharge tor mis-
e av or, 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.
moot. 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.
Section 10. Present Police .Personnel• tenure. The chief of police
and all other members o t e 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.
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Section 11. Prohibitions. No member of the police department, or
applicant seeking a pos on erein, shall be appointed, promoted,
demoted, favored or discriminated against because of his race, political
or religious opinions or affiliations. No person shall wilfully 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.
From and after the effective date of this ordinance, no member of the
police department shall continue in such position after becoming a
candidate for nomination or election to any public office unless he
resign or obtain a leave of absence from his position in the depart-
ment. No person seeking appointment to, or promotion in, the police
department shall either 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 member of the police
department shall make, accept or solicit any contribution to the
campaign fund of any political organization or any candidate for public
office, or take any part in the political campaign of any candidate
or any political organization, further than in the exercise of his
rights as a citizen to express his opinion and to cast his vote. No
person holding any elective public office shall, while holding said
office be appointed to the police department. No person in the police
department shall be a member of any national, state, county or city
political party or an officer of any partisan political club.
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. .
Section 12. Police Personnel;qualifications. Any person appointed
as a member of the po ice epartment shall be _aBle bodied, industrious ,
sober, and shall possess such other general qualifications as may be
prescribed by rule of the police personnel board.
Section 13. Police Personnel•oath of office. Each member of the
police department, a ore entering upon the isc arge of their duties,
shall take the oath of office prescribed for city elective officers .
Section 14. Uniform and Badge. Each member of the department, while
on duty, shall wear a uni orm and badge prescribed by the chief of
police to indicate his or her official position. The city shall
furnish the badge but each member of the department shall furnish their
own uniform out of the clothing allowance authorized by ordinance.
The chief of police may designate one or more members of the depart-
ment as plainclothesmen for such period of time as the chief of police
may deem necessary.
Section 15. Police Personnel•authorit . Thb, chief of police, in
the discharge of his duties, shall e subject to the orders of the mayor
only;all other members of the police department shall be subject
to the orders of their superiors in the police department and the
mayor only.
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Section 16. Police Personnel;Rowers. Every member of the department
shall have power at all times to make or order an arrest with proper
process for any offense against the laws of the city, and to keep
an offender in any city prison or jail or other proper place to prevent
his escape until trial before the city police judge, unless such offender
shall give a good and sufficient bond for his appearance for trial, and
shall also have power to make arrests without process in all cases in which
any offense against the laws of the City shall be committed in his presence.
Every member of the department shall have the power to serve and execute
all warrants, subpoenas , writs or other process issued by the police judge
of the city at any place within the limits of the county within which the
city is located.
. Section 17. Police Personnel; duties. Each member of the police
department shall be a conservator o t e peace, and shall be active and
vigilant in the preservation of good order within the city.
Any person arrested and taken to the city jail shall be searched by
the member of the department making such arrest, and a correct memorandum
shall be made of all personal property on the person of the person so
arrested and same shall be preserved in safekeeping until returned by the
police judge or other proper authority.
When any person is arrested for any violation of an ordinance of this
city, it shall be ,la_wful for the arresting officer to search the person
arrested and dispossess such person of any knife, pistol or other weapon
at the point where the arrest is made and the property so taken shall be
preserved until disposed of as previously mentioned.
Each member of the department shall report to the police department
once each hour during his hours on duty.
Each desk officer in the department shall keep a record of all calls
received during his hours of duty.
A record shall be kept of all arrests , convictions accidents , traffic
tickets and all other matters handled by the police department.
All members of the department shall report any known violation of
the ordinances of the city to the city attorney and take all necessary
steps to enforce all city ordinances .
Section 18. Eight hour. day Each member of the department shall work
an eight hour day except when Longer hours are required by an emergency.
The Chief of Police shall arrange three eight hour shifts each day in such
manner as will promote efficient working conditions in the department.
Section 19. Police Personnel; special. The Mayor with the consent of
a majority of the'elected members ot the city council, 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.
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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.
Section 20. Forfeiture of� os�ition. Any member of the police
department who violates any provIsIon of Section 11 of this ordinance
shall, upon conviction therefor, forfeit his position as a member of
the department.
Section 21. Penalties . Any person violating any of the provisions
of this ordinance s1^Callbe-deemed guilty of a misdemeanor, and upon con-
viction therefor shall be punished by a fine of not more than $100.00
or by imprisonment in jail for not longer than 90 days or by both such
fine and imprisonment.
Section 22. Effective Date. This ordinance shall take effect and
be in force from an a ter November 15, 1966.
Passed: moo, /qL Approved:
President of t e Council Mayor
Attest: &'gz
Cit C erk
President ot the Council Mayor