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City of Bonne Terre, MO
St. Francois County
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Table of Contents
Table of Contents
Editor's Note: As to the Resolution, 20190513A, passed 5-13-2019, regarding Excessive Force Prohibition, same can be found on file in the City offices.
Persons licensed and commissioned as Law Enforcement Officers within the City before July 1, 2002, may retain licensure with one hundred twenty (120) hours of basic training.
[CC 2001 §9.03.030; Ord. No. 2001-19 §3, 4-10-2001]
The Police Department shall have a Chief of Police, a minimum of one (1) sergeant and such number of regular Policemen of such rank and grade as may be prescribed by ordinance, to be paid such salaries as may be established from time to time by ordinance or resolution.
[CC 2001 §9.03.040; Ord. No. 2001-19 §4, 4-10-2001]
The Chief of Police shall, in the discharge of his/her duties, be subject to the orders of the City Administrator only; all other members of the Police Department shall be subject to the orders of their superiors in the Police Department and the City Administrator.
[CC 2001 §9.03.050; Ord. No. 2001-19 §5, 4-10-2001]
The Chief of Police shall adopt and provide for open, free and competitive examination as to fitness and qualifications for all the positions of the Police Department; provided however, that no person be appointed as Chief of Police unless such person be over the age of twenty-five (25) years and that no person shall be eligible to take an examination and be appointed to the Police Department, other than Chief of Police, unless such person be not less than the age of twenty-one (21).
[CC 2001 §9.03.060; Ord. No. 2001-19 §6, 4-10-2001]
Before entering into his/her duties each Police Officer shall take an oath administered by the City Clerk that he/she will uphold the Constitution of the United States, State of Missouri, the laws of the State and the ordinances of the City and will faithfully demean himself/herself in the performance of his/her duties.
[CC 2001 §9.03.070; Ord. No. 2001-19 §7, 4-10-2001]
After his/her initial appointment to the Police force, an officer shall serve a six (6) month probationary period. This probationary period or working test period shall be regarded as an integral part of the examination process and the probationary officer shall not be deemed to be a member of the Police Department or permanent employee of the City. A review of the officer's work shall be made before expiration of the probationary period.
[CC 2001 §9.03.080; Ord. No. 2001-19 §8, 4-10-2001]
A. 
Officers of the Police Department shall be conservators of the peace and shall be active and vigilant in the preservation of good order within the City.
B. 
Every officer of the Police 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 or the State and to keep the offender in the City Jail or other proper place to prevent his/her escape until a trial can be had before the proper officer, unless the offender shall give a good and sufficient bond for his/her appearance for trial. Every officer of the Police Department is also empowered to serve and execute all warrants, subpoenas, writs or other process issued by the Municipal Judge at any place within the limits of the County.
[CC 2001 §9.03.020; Ord. No. 2001-19 §2, 4-10-2001]
Persons holding positions in the classified service shall not be discriminated against in any way because of race, gender or their political or religious beliefs, or opinions, or affiliations, or because of their exercise of the right to vote as they may please.
[CC 2001 §9.03.090; Ord. No. 2001-19 §9, 4-10-2001]
A. 
Every Police Officer in this City may arrest on view, and without a warrant, any person he/she sees violating, or who he/she has reasonable grounds to believe has violated, any law of this State, including a misdemeanor, or has violated any Section of this Title or other City ordinance over which the officer has jurisdiction.
B. 
The power of arrest authorized by this Section is in addition to all other powers conferred upon Police Officers and shall not be construed so as to limit or restrict any other power of a Police Officer.
[CC 2001 §9.03.010; Ord. No. 6.27 §§1 — 3, 6-9-1998; Ord. No. 2001-19 §1, 4-10-2001]
A. 
Police Officers acting in emergency situations outside jurisdiction, participation in major case squad.
1. 
Definitions. As used in this Chapter, the following terms shall have these prescribed meanings:
EMERGENCY SITUATION
Any situation in which the Law Enforcement 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 such officer's 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 officer making the response or in the discretion of an officer or governmental officer of the political subdivision in which the emergency situation is alleged to be occurring.
MAJOR CASE SQUAD
Formation, operation, organization or cooperative action between any County Governing Body, any municipal government and the City for the purpose of intensive professional investigation of a certain individual crime which may occur in their general geographical area.
RESPONSE
To take any and all action which the Police Officer may lawfully take as if exercising his/her power within his/her own jurisdiction.
2. 
Emergency situations. Under an emergency situation, a City Police Officer, having received minimum training as set forth under Chapter 590, RSMo., may respond outside his/her jurisdiction and, acting under the full powers of arrest and authority granted him/her by the City and under policies and procedures which cover him/her as a Police Officer for the City, may respond in his/her official capacity as a Police Officer to any emergency situation.
3. 
Major case squad.
a. 
Officers of the City Police Department are authorized to participate and cooperate with any Law Enforcement Officers of jurisdictions in any major case squad operation or formation. The officers designated to act as the major case squad operation will so be designated by the Chief of Police and, when acting outside the City as a member of the major case squad operation, shall be considered to be on active duty the same as he/she is acting within the boundaries of the City. This power shall only be exercised during the time the Police Officer is an active member of the active major case squad and only within the scope of the investigation on which the squad is working.
b. 
The major case squad shall operate within the City on the request of the Chief of Police.
[CC 2001 §9.03.100; Ord. No. 2001-19 §10, 4-10-2001]
No Police Officer or Chief of Police shall accept or seek election, nomination or appointment as an officer of a political club or organization, or take an active part in a political campaign, or serve as a member of a committee of any such club or organization, or act as a worker at the polls, or distribute badges or literature favoring or opposing a candidate for election or nomination to any public office; provided however, nothing herein shall prevent such person from becoming or continuing to be a member of a political club or organization or from attending any political meeting, or from enjoying freedom from interference in casting his/her vote. Leaves of absence may be granted at the discretion of the personnel Police Board for the purpose of seeking public office or other just causes.
[CC 2001 §9.03.110; Ord. No. 2001-19 §11, 4-10-2001]
A. 
All legal claims made against Police Officers for actions involving performance of their duties shall be defended by the City or its insurance carrier.
B. 
The provisions of this Section shall also apply to Auxiliary and Reserve Police Officers if any while they are engaged in duties at the request of the City.
C. 
The provisions of this Section shall not apply to those actions of an officer which may be deemed willful and malicious.
D. 
All members of the Police Department and Chief of Police shall be employees at will.