Article I Generally
Article II Employee Certification and Collective Bargaining
[CC 1976 §200.010; Ord. No. 660 §10, 3-13-1956]
The Mayor, with consent and approval of the majority of the members of the Board of Aldermen, shall have the power to appoint as many regular Police Officers as may be necessary for carrying out duties of the Police Department as set out in Section 200.040, and to designate whatever rank or authority necessary for same, and may from time to time, with the approval of the majority of the Board of Aldermen, appoint such Special Police Officers as may be deemed necessary.
[CC 1976 §125.160; Ord. No. 1611 §§1—2, 10-8-1985]
[CC 1976 §200.020; Ord. No. 660 §11, 3-13-1956]
The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen shall have the power to discharge and terminate the services of any regular or special Police Officer and such Officer may be so removed by a two-thirds (2/3) vote of all the members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation.
[CC 1976 §200.030; Ord. No. 660 §§12—14, 3-13-1956]
It shall be the duty of the regular Police Officers under the supervision of the Chief of Police to serve and execute all warrants, subpoenas, writs or other process as directed by the Mayor, Municipal Judge and City Attorney, and to make arrests as provided by the laws of the State of Missouri and in the same manner as the Chief of Police. They shall be conservators of the peace and shall be active and vigilant in the preservation of good order of the City; they shall patrol the streets and public highways of the City and make arrests for the violation of all ordinances of the City, including traffic regulations.
When an arrest is made it shall be the duty of the Police Officer or the Chief of Police to file a charge against the person as provided by law and set the cause for hearing before the Municipal Judge of the City and to bail the offender to appear before said Judge at a stated future time or retain the offender in custody if he/she fails to produce bail; but if the offender is arrested for breach of a State law, it shall be the duty of the Police Officer making the arrest to commit the offender to the County Jail and to file formal charges with the Prosecuting Attorney in the State Court of the District. In no event is the guilt or innocence of an offender to be passed upon by the officer apprehending such offender; if the offender be a juvenile, then he/she shall be turned over to the Juvenile Officers of the County of St. Louis for further adjudication with a complete report of the charge against such offender.
A regular Police Officer appointed hereunder, where on duty, shall at all times be dressed in full police uniform and shall not be engaged in any other work or activity which will interfere with his/her duties as a regular Police Officer of the City.
[CC 1976 §200.040; Ord. No. 660 §15, 3-13-1956]
It shall be the duty of all special Police Officers appointed by the Mayor, to perform such duties, from time to time, as delegated to them by the Mayor and approved by the Board of Aldermen. Such delegation of duties may be prescribed by resolution spread upon the minutes of a regular or special meeting of the Board of Aldermen and any duties prescribed by the Mayor in an emergency may be ratified by the Board at the next succeeding meeting.
[CC 1976 §200.050; Ord. No. 812 §§1—3, 1-26-1963]
It shall be the duty and responsibility of the Chief of Police of this City to cause to be completed and forwarded to the St. Louis County Police Department a record of any and all crimes committed, arrests made in this City, persons wanted by the Police Officials of this City, and cancellation notices of arrest orders previously filed by the Shrewsbury Police Department. The reporting of offenses and arrests shall be forwarded to the St. Louis County Police Department as promptly as possible.
The reporting of crimes, arrests, persons wanted and notice of cancellation of arrest orders shall be in accordance with the methods and procedures as set forth in the pamphlet titled, "Central Police Records System" published by the St. Louis County Police Department and the said pamphlet titled, "Central Police Records System" is hereby made a part of this Section.
The reporting of crimes, arrests, wanted persons and cancellation of wanted persons shall be on the forms provided by the St. Louis County Police Department.
[CC 1976 §200.070; Ord. No. 911 §§1—9, 12-13-1966]
This City hereby contracts and agrees to cooperate with each and every City, Town, and Village within St. Louis County, Missouri, the City of St. Louis, Missouri and County of St. Louis, Missouri, for certain common police service under the terms and conditions herein contained.
This contract for mutual cooperation shall become effective with respect to each municipality within St. Louis County, Missouri, and City of St. Louis, Missouri, and County of St. Louis, Missouri, upon the passage of a like ordinance authorizing such contract by each municipality of the County. A certified copy of this Section shall be mailed by the City Clerk to each municipality and to the County of St. Louis, Missouri, upon their adoption of a like ordinance for mutual cooperation.
This contract insofar as it is applicable to any particular municipality or County of St. Louis may be terminated, at any time by any party hereto thirty (30) days after service upon the Clerk of the other contracting municipalities or County Clerk of St. Louis County of a certified copy of an ordinance terminating this contract with such municipality or of the County of St. Louis.
The members of the Police Force of this City shall respond to requests for assistance within the boundary limits of any other contracting municipality or of the County of St. Louis, pursuant to the directions and approval of the office of the Chief of Police of this City.
It shall be the duty of the members of the Police Force of this City to perform police services in any municipality or in the County of St. Louis that is a party to this contract, when requested by such municipality and authorized to do so by the office of the Chief of Police of this City.
Each Police Officer performing services in any other municipality or in the County of St. Louis, in accordance with the terms of this contract, shall have all the powers, rights, privileges, duties and immunities as the members of the police force of the municipalities requesting assistance but shall remain in the employment and under the direction, supervision, and control of the proper officers and authorities of their own respective municipalities.
Consideration for this contract shall be the mutual agreements of the parties hereto and no compensation shall be paid by any participating municipality to any other.
Equipment and property utilized in the carrying out of the common police services provided by this contract shall be at the risk of the municipality or County owning the same and any loss or damage thereto shall be borne by such owner, municipality or County, provided that nothing herein contained shall be construed to limit the liability of any municipality or St. Louis County or of its agents, servants or employees arising out of tortious conduct.
Nothing herein contained shall be construed to mean that Police Officers of another municipality or of St. Louis County injured, killed, or who dies from injuries sustained while performing services in this City, under this agreement shall be covered under Worker's Compensation Insurance of this City or under any of the injury or death benefits as may be provided for the Policemen and Firemen of this City. Nor shall anything herein contained be construed to mean that Police Officers of this City who may be injured or killed or die as result of injuries while serving in another municipality or in St. Louis County, Missouri, with the approval of the Chief of Police of this City, shall not be covered by Worker's Compensation Insurance provided by this City, or shall not be entitled to injury or death benefits as may be provided for the policemen and firemen of this City, if such person(s) is a member thereof, or to the benefits of coverage under any other insurance carried by this City or any of its departments, where applicable.
[CC 1976 §200.080; Ord. No. 1798 §1, 4-10-1990]
There is hereby adopted a manual of rules and regulations to be designated "Police Department Rules and Regulations, City of Shrewsbury, Missouri," which shall be the official manual of directives for the Police Department. The official copy of the manual dated the 10th day of April, 1990, shall be kept in the office of the Chief of Police. The manual as adopted may be amended from time to time and each amendment shall, with the approval of the Board of Aldermen, be incorporated into the official copy. In the event of a dispute as to the interpretation of any provision contained in the aforesaid manual, such dispute shall be submitted to the Board of Aldermen whose decision shall be final and binding.
[CC 1976 §200.090; Ord. No. 1253 §23, 12-4-1976; Ord. No. 1447 §§2—3, 7-28-1981]
All members of the Police Department shall receive such compensation as may be designated, from time to time, by ordinance.
All persons who shall be hired in the future on the Police Department on the probationary basis who have had twenty-four (24) months' full-time experience in a comparable position with another municipality or political entity, upon approval by the Mayor, after six (6) months employment with the City may receive the salary of a Patrolman.
[CC 1976 §200.100; Ord. No. 1625 §§1—5, 1-16-1986; Ord. No. 1863 §1, 9-22-1992]
Any Police Officer of the City of Shrewsbury, Missouri, who completed the basic police training program as established by Chapter 590 of the Revised Statutes of Missouri, shall have the authority to respond to an emergency situation outside the boundaries of the City.
No Police Officer shall be required by reason of this Section to leave the jurisdiction to respond to an emergency situation, but said Police Officer shall use his or her said discretion and judgment as to leaving the City to respond to any emergency situation. It shall be the policy of the City that said 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. When responding to emergency aid requests, Police Officers shall act in accordance with the policies and procedures of the City and the Police Department, and shall be subject to all provisions of law as if he or she were providing services within his or her own jurisdiction.
The authority contained herein shall permit the response by one (1) or more City Police Officers.
As used in this Section, "emergency situation" means any situation in which the Peace Officer has a reasonable belief that a crime is about to be committed, is being committed, or has been committed involving injury or threat of injury to any person, property, or governmental interest and his/her response is reasonably necessary to prevent or end such emergency situation or mitigate the likelihood of injury involved in such emergency situation. The determination of the existence of any emergency situation shall be in the discretion of the Police Officer making the response or in the discretion of the Police Officer of the City in which the emergency situation is alleged to be occurring.
As used in this Section, "response" shall mean to take any and all action which the Police Officer may lawfully take as if exercising his/her powers within his/her own jurisdiction.
[Ord. No. 2668 §1, 7-24-2012]
Any labor organization attempting or desiring to represent Police Officers employed by the City is to submit a specific, written description of the bargaining unit sought, together with specific exclusions to the City, via certified mail addressed to the Mayor.
Within fourteen (14) days of receipt, the Mayor shall appoint a three (3) person Personnel Committee (from among the members of the Board of Aldermen) which shall consider the appropriateness of the requested unit and either:
The affected labor organization can either accept the Personnel Committee's decision regarding the bargaining unit or appeal to the Board of Aldermen within fourteen (14) days of the date of the Committee's decision.
The appeal must be sent via certified mail and must be received by the City Clerk within fourteen (14) days after the initial decision is issued by the Personnel Committee. The Board of Aldermen's decision with respect to the appropriateness of the bargaining unit shall be final and binding.
In evaluating the appropriateness of the proposed bargaining unit, the Board of Aldermen may consider, but is not bound by, precedent from other Cities, other States and/or under the National Labor Relations Act.
[Ord. No. 2668 §2, 7-24-2012]
Within forty-five (45) days after establishing the appropriate bargaining unit, there will be a secret ballot election to determine whether the majority of employees in the bargaining unit want to be represented by the labor organization for purposes of collective bargaining.
No labor organization will be recognized as representing any employee, by any other means.
The election will be held by secret ballot. The ballot will be on a form substantially similar to the form utilized by the National Labor Relations Board for conducting union elections.
The election will be conducted by either the Federal Mediation and Conciliation Service or by the Missouri Department of Labor (or their designee). In the event that both the Federal Mediation and Conciliation Service and the Missouri Department of Labor decline to conduct the election, the Board of Aldermen will select an arbitrator to conduct the election by requesting a panel of five (5) arbitrators from the Federal Mediation and Conciliation Service and then selecting one (1) of the arbitrators from the list to conduct the election.
After the election has concluded, the person conducting the election will immediately and publicly count the ballots and issue a report on election indicating how many ballots were cast for representation by the labor organization and how many votes were cast against representation.
Any disputes concerning the election must be referred for decision to the Board of Aldermen for consideration within seven (7) days of the election. The decision of the Board of Aldermen on such disputes will be final and binding.
If there is no dispute concerning the election, then the results of the election will become final seven (7) days after the report on election is issued.
After the results of the election becoming final, if a majority of the members of the bargaining unit voted to be represented by the labor organization, the Board of Aldermen will recognize the labor organization as representing the employees of the bargaining unit at their next regularly scheduled meeting.
No labor organization may seek to represent any bargaining unit (or portion of any bargaining unit) by secret ballot election more than once in any consecutive, twelve (12) month period.
In the event that an employee in a designated bargaining unit determines that he or she no longer wishes to be represented by a recognized labor organization, said employee may obtain a petition for revocation from the City Clerk. Upon receipt of a signed and dated petition for revocation, the Mayor may designate a three (3) person Personnel Committee (made up of members of the Board of Aldermen) to investigate the veracity of the petition. If a signed and dated petition for revocation is submitted to the City Clerk with more than thirty percent (30%) and less than fifty percent (50%) of the signatures of the employees in the designated bargaining unit represented by the recognized labor organization (as determined by the Personnel Committee), the Board of Aldermen may hold a decertification election pursuant to Subsections (C) through (G) herein. If a signed and dated petition for revocation is submitted to the City Clerk with a majority of the signatures of the employees in the designated bargaining unit represented by the recognized labor organization (as determined by the Personnel Committee), the Board of Aldermen shall revoke recognition of the recognized labor organization at their next regularly scheduled meeting.
[Ord. No. 2668 §3, 7-24-2012]
In the event that the majority of members of the bargaining unit vote to be represented by the labor organization for purposes of collective bargaining, the department affected will meet with the labor organization to confer and discuss wages, benefits and other terms and conditions of employment with the goal of reaching a mutual satisfactory proposed collective bargaining agreement to be submitted to the Board of Aldermen for approval.
If the department and the labor organization reach agreement on a proposed collective bargaining agreement, the proposed agreement will be submitted to the Board of Aldermen as an agenda item for consideration on their next scheduled meeting. At that meeting, the Board of Aldermen will approve, reject, or hold the proposed collective bargaining agreement open for further discussion.
If the department and the labor organization cannot reach an agreement on the terms of a proposed collective bargaining agreement after substantial negotiations, the department representative may unilaterally submit its proposed collective bargaining agreement to the Board of Aldermen for consideration as set forth above.
The decision of the Board of Aldermen with regard to approving or rejecting a proposed collective bargaining agreement shall be final and binding.
[Ord. No. 2668 §4, 7-24-2012]
In accordance with Section 105.530, RSMo., strikes and other unlawful conduct by any employee, whether individually or in concert with others (including sympathy, unfair labor practice, or wildcat strikes), sit-downs, slowdowns, work stoppages, boycotts, any acts honoring a picket line, or any other acts that interfere with the City's operations shall be prohibited.