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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and 7651 of the City of Jefferson,Missour relating to the Police Department of the City be, and the same are hereby, repealed.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. -2- 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 ; -3- 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. �r -5- 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. -6- 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. -7- 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