City of Clayton, MO
St. Louis County
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Table of Contents
Table of Contents
Charter Reference — Created, art. IV §1.
Cross References — Pension fund, §§125.070 et seq., as to ambulance fees adopted by the city, a current schedule of these fees is held on file in the city offices.
[CC 1970 §2-96; CC 1947 §8-2]
The Chief of Police is in charge of and responsible for the efficient organization and functioning of the Police Department under the general supervision of the City Manager. Before entering upon the duties of his/her office, he/she shall give a surety company bond to the City in the sum of one thousand dollars ($1,000.00) to be approved by the Board of Aldermen, with conditions and subject to the provisions of the Charter and this Code relating to bonds of City Officers.
[CC 1970 §2-97; CC 1947 §8-9]
The Chief of Police shall have custody of all of the books, records, property, weapons, badges, furniture, vehicles, equipment, supplies and merchandise of the Police Department and shall direct and have the responsibility for the good conduct and proper and efficient performance of their duties by the members and employees of the Police Department. In all such matters, he/she shall be subject to and have the advice of the City Manager. He/she shall perform such specific duties as may be provided by the laws of the State and the provisions of this Code.
[CC 1970 §2-98; CC 1947 §8-10]
The Chief of Police may promulgate rules and regulations for the government of the Police Department and Policemen, to be subject to approval by the City Manager, and may in like manner from time to time amend or repeal such rules and regulations or adopt new rules and regulations.
[Ord. No. 6568, 12-11-2018]
These provisions are adopted for the purpose of providing a framework within which law enforcement personnel employed by the City of Clayton can exercise their rights under Mo. Const. Art. I, § 29, to bargain collectively with the City through representatives of their own choosing.
[Ord. No. 6568, 12-11-2018]
A. 
These provisions shall apply to all regular, sworn full-time personnel employed in the Police Department.
B. 
It is the City's determination that all regular full-time non-supervisory employees employed within the Police Department constitute the most appropriate unit for the purpose of collective bargaining. Any election conducted for the purpose of allowing employees to designate an exclusive bargaining representative, as provided below, shall take place within this unit, subject to the following exclusions:
1. 
To avoid the division of loyalties and conflicts of interest, supervisory personnel shall not be included within the same bargaining unit as employees they supervise. Further, the same labor organization shall not represent both non-supervisory and supervisory employees within the Police Department. For the purposes of this Subsection, Sergeants, Lieutenants, Captains, and the Chief of Police shall be considered supervisory employees.
[Ord. No. 6568, 12-11-2018]
A. 
Any labor organization wishing to represent employees employed in the City's Police Department, in either a supervisory or non-supervisory bargaining unit, shall present to the City's City Manager cards containing the signature of at least thirty percent (30%) of the employees in the unit, indicating that they wish to select the labor organization in question as their exclusive bargaining representative for the purpose of collective bargaining.
B. 
Upon receiving such cards, the City Manager shall validate the signatures on the cards, and confirm that at least thirty percent (30%) of the employees in the bargaining unit have signed cards. If the City Manager determines that at least thirty percent (30%) of the employees in the unit have signed valid cards, the City Manager shall consult with the Chief of Police and the representative of the labor organization that has presented the cards, and together they shall select a mutually agreeable date for a secret ballot election to take place. The election shall be held at City Hall, and shall be set for a date falling no less than one (1) and no more than four (4) weeks after the day upon which the City Manager first receives the cards from the labor organization's representative, unless the City and the representative of the labor organization both agree upon a date outside that period.
C. 
Once an election date has been set, the City Manager shall issue a notice informing all eligible voters of the date, time, and place of the election. Such notice shall be distributed to all employees in the bargaining unit and shall be posted within the Department.
D. 
From the time the election notice is first posted until the date of the election, all employees (including management) of the City have the right to freely express their opinions about whether or not the labor organization should be selected as the exclusive bargaining representative of the employees in the bargaining unit. However, no employee of the City and no representative of the labor organization shall attempt to threaten, intimidate, coerce, or otherwise restrain any eligible voter in the free exercise of his or her individual choice to support or oppose the selection of the labor organization in question as the exclusive bargaining representative of the employees in the bargaining unit.
E. 
The election shall be conducted by secret ballot, using such procedures as the City Manager shall determine are appropriate for ensuring the privacy and security of each employee's vote. Once the poll is closed, both parties shall oversee the counting of the ballots. One (1) representative of the City and one (1) representative of the labor organization shall have the right to be present during the counting of the ballots.
1. 
The ballots shall read "Do you wish to select [labor organization] as the exclusive bargaining representative for [description of bargaining unit] employed within the City of Clayton Police Department?" The ballot will include check boxes for marking "yes" or "no" in response to this question.
2. 
In the event that more than one (1) labor organization seeks to represent employees in the unit, and in the event both labor organizations have obtained signatures from at least thirty percent (30%) of the employees in the unit stating that they wish to designate the labor organization as their exclusive bargaining representative, then the ballot shall read "Do you wish to select [labor organization A], [labor organization B], or no labor organization as the exclusive bargaining representative for [description of bargaining unit] employed within the City of Clayton Police Department?" The ballot will then include check boxes for marking "I wish to select [labor organization A] as my exclusive bargaining representative," "I wish to select [labor organization B] as my exclusive bargaining representative," and "I do not wish to select any labor organization as my exclusive bargaining representative."
3. 
Any labor organization receiving more than fifty percent (50%) of the votes of all eligible voters shall be designated and recognized by the City as the exclusive bargaining representative for all employees in the bargaining unit.
F. 
Employees within the bargaining unit shall have the right to seek to decertify the labor organization as their exclusive bargaining representative at any time. If any employee within the bargaining unit presents to the City Manager cards bearing the signatures of at least thirty percent (30%) of the employees within the bargaining unit stating that those employees no longer wish to be represented by the labor organization in question, the City Manager shall first validate the signatures on the cards.
1. 
If the City Manager confirms that at least thirty percent (30%) of the employees in the bargaining unit have signed decertification cards, the City Manager shall consult with the Chief of Police and the designated representative of the labor organization to select a date for a decertification election. Such election shall take place at least four (4) weeks after the City Manager receives the decertification cards, and no later than six (6) weeks after the City Manager receives the decertification cards unless the City Manager and the representative of the labor organization both agree upon a date outside that period. Notice of such election shall be distributed to all employees within the bargaining unit and posted within the Police Department.
2. 
If more than fifty percent (50%) of the employees in the bargaining unit cast votes to terminate the labor organization's representation of the employees in the bargaining unit, the labor organization shall immediately cease to represent the employees in the bargaining unit.
3. 
In the event of the decertification of the exclusive bargaining representative of the employees in any bargaining unit within the Police Department, all terms and conditions of employment existing at the time of decertification shall remain in place until such time as those terms or conditions of employment may be altered by the City from time to time.
G. 
No more than one (1) election shall take place in any bargaining unit within the same twelve-month period. Once an election takes place, the City Manager shall not accept cards from labor organizations or employees within the bargaining unit seeking another election for one (1) full calendar year after the date of the election.
[Ord. No. 6568, 12-11-2018]
A. 
Within four (4) weeks after a labor organization is certified as the exclusive bargaining representative for the employees in a bargaining unit as set out above, representatives of the City, designated by the City Manager, and representatives of the labor organization, selected by the labor organization, shall meet and begin bargaining for an agreement covering the terms of employment for the employees within the bargaining unit.
B. 
Both sides shall bargain in good faith and make an earnest effort to reach a mutually acceptable agreement, but neither side shall be required to offer any particular concession or withdraw any particular proposal.
C. 
The City may pay union representatives for time spent participating in collective bargaining or preparing for collective bargaining as agreed upon by the City and the labor organization through the collective bargaining process.
D. 
The union and its members shall not refuse to meet with City's designated representatives or attempt to bargain with anyone other than the City's designated representatives. The union and its members shall not engage in conduct intended to cause the removal or replacement of any designated representative by the City. Any labor organization violating this provision may be sued for damages to the extent that the labor organization contributed to the removal of the representative of the City.
E. 
The completion of discussions, as referenced above, shall include the ratification of any such proposal by the labor organization prior to its presentation to the Board of Aldermen for adoption, modification or rejection. The Board may approve the entire agreement or any part(s) thereof. If the Board rejects any portion of the agreement, the Board may return the rejected portion(s) of the agreement to the parties for further bargaining, or the Board may adopt a replacement provision of its own design, or the Board may state that no provision covering the topic in question shall be adopted.
F. 
After the first agreement between the City and the labor organization is adopted, bargaining for renewal agreements shall occur according to the Agreement.
[Ord. No. 6568, 12-11-2018]
A. 
Labor agreements negotiated between the parties may cover wages, benefits, and all other terms of employment for employees within the bargaining unit, subject to the following limitations.
1. 
Every labor agreement shall include a provision reserving to management the right to hire, promote, assign, direct, transfer, schedule, discipline, and discharge employees, so long as those rights are not exercised in a way that conflicts with any express provision of the labor agreement. Every labor agreement shall also include a provision reserving to management the right to make, amend, and rescind reasonable work rules and standard operating procedures, so long as such work rules and standard operating procedures do not conflict with any express provision of the labor agreement.
2. 
To the extent that it is constitutionally permitted, every labor agreement shall expressly prohibit all strikes and picketing of any kind. Every labor agreement shall include a provision acknowledging that any employee who engages in any strike or concerted refusal to work, or who pickets over any personnel matter shall be subject to immediate termination of employment.
[Ord. No. 6568, 12-11-2018]
A. 
In the event of a budget shortfall, the Board of Aldermen shall have the right to request the modification of the economic terms of any labor agreement.
B. 
Should the Board deem it necessary to modify the economic terms of any labor agreement, it shall so notify the relevant labor organization, and shall provide a period of thirty (30) days during which the City and the labor organization shall bargain in good faith over any necessary adjustments to the economic terms of the agreement.
C. 
If, at the end of the thirty-day period, the parties have been unable to agree upon modifications that meet the Board's requirements, the Board shall have the right to make necessary adjustments on its own authority. The Board's decision may be appealed pursuant to the grievance procedure contained in a Collective Bargaining Agreement.
[Ord. No. 6568, 12-11-2018]
A. 
If the State of Missouri passes any law governing collective bargaining for law enforcement personnel, then to the extent any of the provisions established herein are inconsistent with the Missouri Statute, the inconsistent provisions shall be superseded in whole or in part by such Statute.
B. 
If any court of competent jurisdiction shall declare any of the provisions established herein to be unenforceable under any State or Federal Statute, regulation, or other authority, the unenforceable portion of the provisions shall be removed, but all other provisions contained herein shall remain in effect.