[R.O. 2009 §22-16; Code 1975 §210.010; Ord. No. 2750, 9-10-1997]
The office of City Marshal as an elective office is abolished
and a merit system Police Department is adopted by the City Council
under and according to the provisions of Section 85.541, RSMo.
[R.O. 2009 §22-17; Code 1975 §210.020; Ord. No. 2203, 8-28-1991; Ord. No. 2750, 9-10-1997]
A. The personnel
of the Police Department of the City shall consist of the following
positions:
4. As many
other officers of such subordinate ranks as shall be established by
ordinances of the City Council;
5. As many
dispatchers as shall be permitted by resolution of the Council; and
6. As many
clerical personnel as may be permitted by resolution of the Council.
[R.O. 2009 §22-18; Code 1975 §210.010; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
A. Powers And Duties.
1. The
Chief of Police 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 keep such offender in the City Jail or other proper place
to prevent his/her escape until a trial can be had, unless such offender
shall give a good and sufficient bond for his/her appearance for trial.
2. The
Chief of Police 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/her presence.
3. He/she
shall collect all fines assessed in the Police Court and pay the same
into the City Treasury.
4. It shall
also be his/her duty to execute all orders and processes arising under
the provisions of this Code and other ordinances of the City. He/she
shall be conservator of the peace and active and vigilant in the preservation
of good order within the City. He/she shall also report and keep the
Mayor and City Council advised as to the condition of streets, sidewalks,
bridges and culverts and report all violations of sidewalk, street
and traffic ordinances and other Code provisions or nuisances maintained
with the City.
5. The
Chief of Police, in the discharge of his/her duty, shall be subject
to the orders of the Mayor; he/she shall have power to serve and execute
warrants, subpoenas, writs or other processes issued by the Police
judge at any place within the County.
6. He/she
shall perform all such duties in City elections as are required to
be performed in State and County elections by the Sheriff and Constable
and he/she shall at all times perform all such other duties as the
Council may from time to time, by ordinance or resolution, require.
B. Badge. The Chief of Police, when on duty, shall carry a
metal badge on which shall be inscribed the words "Chief of Police"
and "Festus, Missouri".
[R.O. 2009 §22-19; Code 1975 §200.050; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
The Mayor, with the consent of a majority of the elected members
of the City Council, shall appoint and promote all personnel in the
Police Department solely from the list of eligibles certified by the
Police Personnel Board.
[R.O. 2009 §22-20; Code 1975 §200.060; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
The Chief of Police and all other members of the Police Department
serving as of June 27, 1973, shall be deemed qualified without examination
to serve in the position which they then held. 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.
[R.O. 2009 §22-21; Code 1975 §210.030; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
A. The Mayor,
with the consent of a majority of the elected members of the City
Council, shall have the power and authority to appoint special Policemen
from a list of eligible candidates certified by the Police 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.
B. 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.
C. 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 the Police Department.
[R.O. 2009 §22-22; Code 1975 §210.060; Ord. No. 1618, 11-11-1981; Ord. No. 1948 §1, 12-10-1986; Ord. No. 2445 §1, 4-13-1994; Ord. No. 2525 §1, 3-8-1995; Ord.
No. 2750, 9-10-1997]
A. Any person
appointed as a regular member of the Police Department shall be able-bodied
and shall possess a class A certification from a P.O.S.T. approved
training provider.
B. Persons
may be given a conditional offer of employment pending completion
of the class A license as stated above.
[R.O. 2009 §22-23; Code 1975 §210.070; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
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 in Section 77.390, RSMo.
[R.O. 2009 §22-24; Code 1975 §210.080; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
Members of the Police Department shall be subject to the orders
of their superiors in the Police Department and the Mayor only.
[R.O. 2009 §22-25; Code 1975 §200.070; Ord. No. 1618, 11-11-1981; Ord. No. 2750, 9-10-1997]
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 affected 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. The Board shall adopt its own
rules for the conduct of such public hearings.
[R.O. 2009 §22-26; Ord. No. 2204, 8-28-1991; Ord. No.
2750, 9-10-1997]
A. The Mayor,
with the consent of the majority of the elected members of the City
Council, shall have the power and authority to appoint a Deputy Chief
of Police from a list of eligible candidates certified by the Police
Personnel Board.
B. The Deputy
Chief of Police, in the discharge of his/her duties, shall be subject
to the orders of the Chief of Police.
[R.O. 2009 §22-27; Ord. No. 2202, 8-14-1991; Ord. No.
2750, 9-10-1997; Ord. No. 4007 §I, 1-11-2012]
A. Each
employee of the Police Department, who receives an appointment or
promotion to a position in the department, must serve a probationary
period of one (1) year before the appointment or promotion shall be
considered permanent. During the employee's probationary period, the
employee's work habits, abilities, attitude, promptness and other
characteristics will be observed and evaluated by the supervisor and
department head. If the probationary employee fails to meet required
standards of performance, such employee is to be dismissed or if he/she
is a promoted regular employee, the employee may be restored to the
position from which he/she was promoted or to a comparable position.
During a probation period, a new employee is not eligible for employee
fringe benefits such as sick leave and vacation, but will earn credit
for those to be taken at a later date.
B. If at
any time during the probationary period the department head determines
that the service of the employee has been unsatisfactory, the employee
may be separated from the position without the right of appeal of
a hearing. The department head shall notify the employee in writing
at least seven (7) calendar days before the effective date of separation
and the reasons for the separation.
C. At the
end of each employee's probationary period, the department head shall
complete a probationary report on the employee. The Chief of Police
shall submit this report to the Mayor. The probationary report shall
indicate in writing that either:
1. The
employee has successfully completed the probationary period and is
capable of performing the duties of the position satisfactorily and
henceforth to be considered a regular employee with all rights and
privileges due such employee; or
2. The
employee has not demonstrated ability to perform satisfactorily the
duties of the position and is to be separated from City employment
or if promoted from another position, return to the previous position
or a similar classification.
D. Part-time
and temporary employees, as defined in the Personnel Code which may
be found on file in the City's offices, are not eligible for employee
fringe benefits such as sick leave and vacation and will not receive
wages for designated holidays falling during the period of their employment.