[R.O. 200.010(A); Ord. No. 583 §§1—2, 12-3-1996]
For the purposes of this Chapter, the following terms shall be deemed to have the meaning indicated below:
- CERTIFIED CITY MARSHAL
- An elected Marshal who meets the hourly training requirements for certification as a Law Enforcement Officer in the State of Missouri as prescribed by Section 590.030, RSMo., and who is certified by the Director of the Missouri Department of Public Safety as provided for in Sections 590.100 to 590.180, RSMo.
- NON-CERTIFIED CITY MARSHAL
- An elected Marshal who has not obtained the hourly training requirements for certification as a Law Enforcement Officer in the State of Missouri as prescribed by Section 590.030, RSMo., and who is not certified by the Director of the Missouri Department of Public Safety as provided for in Sections 590.100 to 590.180, RSMo.
[R.O. 2012 §200.030]
The Chief of Police, with the consent of the City Administrator, may temporarily suspend, without pay, any member of the Police Department for misbehavior, inefficiency, neglect of duty or other valid cause for a period not to exceed seven (7) days, when the good of the Department will be promoted thereby, or as a disciplinary measure. The reason for such temporary suspension shall be stated in writing and given to the Board of Aldermen and the affected member of the Department. Any regular member of the Police Department who is temporarily suspended, may appeal to the Board of Aldermen in writing and shall be granted a hearing.
[R.O. 2012 §§115.010(C), 200.040]
Qualifications. The qualifications for the position of City Marshal/Chief of Police for the City, shall be as follows:
The Marshal/Chief of Police shall be twenty-one (21) years of age or older, a resident of the City for at least one (1) year before being elected, a registered voter in the City before being elected, shall have no prior felony convictions, shall hold a current State certification for Peace Officer as set forth in Sections 590.100 through 590.150, RSMo., and have served in a police administration position for at least five (5) years within the last ten (10) years prior to being elected.
It is the intention of this Section that said elected Peace Officer or official of the City commonly referred to as Marshal/Chief of Police shall be required to be certified notwithstanding Section 590.130, RSMo.
The powers and duties of the City Marshal shall be those designated by Sections 79.050 and 85.610 through 85.620, RSMo., and other provisions of State Statutes and City Ordinances.
The Chief of Police shall deliver to his/her successor in office all books, papers, furniture and property pertaining to his/her office or in his/her possession as Chief of Police.
[R.O. 2012 §200.050]
There is hereby established the office of Lieutenant of the Police Department.
The Board of Aldermen shall select from the ranks of the Police Officers of the City one (1) person who shall have the rank of Lieutenant of the Police Department.
The Lieutenant of the Police Department shall be in charge of the Deputy Marshals/Police Officers of the City at any time when the Marshal/Chief of Police is unavailable or unable to take charge of said Police Department and the Deputy Marshals/Police Officers; provided however, that said Lieutenant shall be subservient to and under the orders of the Marshal/Chief of Police if available or able to take charge of the Police Department.
[R.O. 2012 §200.060]
Only the Mayor and/or the City Administrator, upon recommendation of the Chief of Police, may demote, suspend for periods in excess of seven (7) days or discharge any member of the Police Department for misbehavior, inefficiency, neglect of duty or other valid cause 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 Board of Aldermen and the affected member of the Department. Any regular member of the Police Department who is demoted, suspended or discharged, may appeal to the Board of Aldermen and be granted a hearing.
[R.O. 2012 §200.070]
No member of the Police Department or applicant seeking a position therein, shall be appointed, promoted, demoted, favored or discriminated against because of his/her race, political or religious opinions or affiliations. No person shall willfully 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 Chapter, or in any manner commit, or attempt to commit, any fraud preventing the impartial execution of the provisions of this Chapter, or any rules and regulations made thereunder. No person shall use, or threaten to use, any influence, persuasion or coercion to compel any member of the Police Department to violate any provisions 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 to any position in the Police Department or any increase in pay, promotion or other advantage in the Department.
[R.O. 2012 §200.080]
Any member of the Police Department who violates any provision of Section 200.060 shall, upon conviction therefor, forfeit his/her position as a member of the Department.
[R.O. 2012 §200.090]
The composition of the Police Department shall be as established by the Board of Aldermen from time to time.
[R.O. 2012 §200.100]
The Chief of Police, in the discharge of his/her duties, shall be subject to the orders of the Mayor and/or 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 Mayor and/or City Administrator only.
[R.O. 2012 §200.110]
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 ordinances of the City and the laws of the State, and to keep an offender in the City Jail or other proper place to prevent his/her escape until trial, unless such offender shall give good and sufficient bond for his/her appearance for trial, and shall also have power to make arrest without process in all cases in which any offense against the ordinances of the City and the laws of the State shall be committed in his/her presence. Every member of the Department shall have the power to serve and execute all warrants, subpoenas, writs or other process issued by the Municipal Judge of the City at any place within Johnson County.
[R.O. 2012 §200.120]
No member of the Police Department, as provided in this Chapter, shall be permitted to serve as a member of such Department unless he/she is at least twenty-one (21) years of age and shall, from time to time, pass a satisfactory physical examination.
No person shall be employed or appointed as a Peace Officer by the City Police Department unless he/she has been certified by the Director of the State Department of Public Safety as a Peace Officer as provided in Sections 590.100 to 590.150, RSMo.
[R.O. 2012 §200.130]
The provisions of the ordinances of the City defining the duties of the Chief of Police, so far as the same are applicable, shall apply with equal force to each regular Police Officer of this City.
The personnel of the Police Department shall be conservators of the peace within the City and shall patrol such beats and at such times as may be designated by the Chief of Police and shall be constantly on the alert, vigilant and active in the prevention of depredations, disturbances of the peace and violations of the ordinances of the City and the laws of the State, in making arrests, in maintaining and preserving order and the peace of the City.
The Chief of Police shall prescribe the beats of the personnel of the Police Department and the extent and time and hours of work as he/she may deem proper for each. When such beats are established, each member of the Department shall be vigilant in patrolling the same and shall not leave such beat unless he/she shall be called therefrom in the course of duty. No two (2) members of the Department shall patrol the same territory together unless ordered to do so by the Chief of Police.
Each member of the Department, while on duty, shall wear a uniform and badge prescribed by the Chief of Police to indicate his/her official position. The City shall furnish the badge, but each member of the Department shall furnish his/her own uniform out of the uniform allowance authorized by ordinance. The Chief of Police may designate one (1) or more members of the Department as plain-clothes men for such period of time as the Chief of Police may deem necessary. All personnel in the Department must be clean and presentable to the public.
The members of the Department shall keep strict watch of the conduct of all persons of suspicious character and shall note the time of appearance of any such person on his/her beat, the circumstances relating thereto and the premises that such person may enter and report the same to his/her superior officer.
No member of the Department shall, while on his/her duty, leave his/her beat or place of assignment until regularly relieved, unless in the discharge of police duty or acting on the orders of his/her superior officers; nor shall he/she enter any house or place except in the immediate execution of his/her duties.
If any member of the Department observes anything in the street likely to produce danger or public inconvenience or anything which seems to him/her irregular or offensive, he/she shall report the same immediately.
Each member of the Department, in his/her conduct and deportment, must be civil and orderly; in the performance of his/her duties he/she must be attentive, maintain decorum, control his/her temper and on all occasions use discretion. He/she must, at all times, refrain from harsh, coarse, profane or insulting language and when required, he/she must act with firmness and sufficient energy to perform his/her duties.
No member of the Police Department shall absent himself/herself from duty without permission from the Chief of Police.
Members of the Department must pay all honest debts as speedily as possible and avoid delinquencies being forced upon the attention of the Mayor and/or City Administrator and Board of Aldermen. Disregard for this rule shall be punished by reprimand, suspension or dismissal.
Any member of the Department who shall willfully maltreat or use unnecessary violence toward any prisoner or citizen, shall, on complaint being made and the fact established by competent testimony, immediately be dismissed from the Department or otherwise punished.
Any member of the Department who shall be found asleep during his/her hours of duty shall be suspended or dismissed.
Members of the Department are required to report their residences to the Chief of Police with such particularity as to be found easily and also to report all changes of their residence within twenty-four (24) hours after the occurrence.
All members of the Police Department shall be required to install a telephone in their home at their own expense and report their telephone number to the Chief of Police.
No member of the Department shall convert the use of any motor vehicle, used and controlled by the City, to his/her own private use, without orders from his/her superior officer or unless the same is necessary in the line of his/her official duties.
No member of the Department shall drink intoxicating liquor while on duty or in uniform, nor shall he/she be on duty or in uniform while in a state of intoxication. Violations of this rule shall be punished by suspension or dismissal.
All members of the Department, when their attention is called to any accident or happening on a public way in the City or when making an arrest for any cause, shall make a complete investigation thereof and a written report to state the time of accident or arrest, including day, hour, the location of the accident, including witnesses and all other relevant facts which may come to their attention.
Each member of the Department shall, at all times, on or off duty, conduct himself/herself in such a manner as not to bring his/her name in disrepute or adversely reflect on the Department. It shall be the duty and responsibility of each member to report immediately to the Chief any matter which may tend to create friction among the members and adversely affect the morale of the Department.
Each desk officer in the Department shall keep a record of all calls received during his/her 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 violations of the ordinances of the City to the City Attorney and take all necessary steps to enforce all City ordinances.
[R.O. 2012 §200.140]
The Mayor and/or City Administrator, with the consent of a majority of all the members elected to the Board of Aldermen, may appoint as special Police Officers any number of inhabitants of the City.
[R.O. 2012 §200.150]
Every regular Police Officer shall, at all times, hold himself/herself in readiness, on or off duty, to execute all lawful orders, rules and regulations made or prescribed by the Mayor and/or City Administrator and the Chief of Police.
[R.O. 2012 §200.160]
All newly hired Peace Officers shall be required to have no more or less than four hundred seventy (470) hours of training for certification by the Police Department.
Newly hired Law Enforcement Officers shall have a one (1) year period after appointment to be certified by the Police Department.
[R.O. 2012 §200.170; Ord. No. 546 §1, 7-5-1994]
A department of the City to be known as the "Knob Noster Fire Department" is hereby established. This Department shall be incorporated into the City Organizational Chart under the general supervision of the City Administrator. The Department shall be governed by, and responsive to, all rules, regulations, and policies officially issued and/or adopted by the City Administrator and/or Mayor and/or City Administrator and Board of Aldermen.
[R.O. 2012 §200.180; Ord. No. 546 §2, 7-5-1994]
The Fire Department shall be funded by a property tax and may receive additional funding from the General Fund and from donations and public fund raising activities. Fund raising activities shall be clearly identified as being for the City Fire Department and all receipts shall be deposited with the City Collector's office within seventy-two (72) hours of the termination of the fund raising event.
[R.O. 2012 §200.190; Ord. No. 546 §3, 7-5-1994]
The Department shall be staffed with a Fire Chief and other officers and employees as may be approved from time to time by the Mayor and/or City Administrator and Board of Aldermen in the annual budget or by other formal action. In the event of a vacancy in the office of Fire Chief, a replacement shall be appointed by the Mayor and/or City Administrator and Board of Aldermen to serve as Chief until a vacancy is filled.
[R.O. 2012 §200.200; Ord. No. 546 §4, 7-5-1994]
Fire Chief. The Fire Chief shall possess qualifications as may be established by the Mayor and/or City Administrator and Board of Aldermen at the time of appointment. The Fire Chief shall be appointed by the Mayor and/or City Administrator with the consent and approval of the Board of Aldermen as provided for under the provisions of Section 79.230, RSMo., for a four (4) year term. The Fire Chief is an at-will employee and serves at the pleasure of the Mayor and/or City Administrator and Board of Aldermen. The Fire Chief may be removed from office under the provisions of Section 79.240, RSMo.
Other Employees. All other Fire Department employees shall possess qualifications as may be established by the City at the time of appointment. All other Fire Department employees shall be appointed, promoted, or separated using City Personnel Policies and Procedures in effect at the time of appointment, promotion, or separation from City service.
[R.O. 2012 §200.210; Ord. No. 546 §5, 7-5-1994]
The Fire Department shall be a "volunteer" department and employees shall be compensated on a per call basis at a rate set by the Board of Aldermen in the annual budget or at other times by a majority of the Board.
[R.O. 2012 §200.220; Ord. No. 546 §6, 7-5-1994]
The Fire Department shall meet as frequently as determined to be necessary to train personnel in the skills of firefighting. The number of meetings per month shall be recommended by the Fire Chief and approved by the City Administrator.
[R.O. 2012 §200.230; Ord. No. 546 §7, 7-5-1994]
It shall be the duty of the Fire Department to train all personnel in the skills needed to suppress fires of all types, to perform the actions necessary to respond to fire scenes and suppress fires, to operate and maintain the equipment available to perform these duties, and to care for all support equipment and facilities necessary to accomplish this mission.
[R.O. 2012 §200.240; Ord. No. 546 §8, 7-5-1994]
The Fire Chief shall:
Have the authority to supervise and assign the work of all departmental personnel while on duty.
Be in command and control of all departmental personnel at a fire scene.
Be responsible for all City property assigned to the department.
Prepare and amend departmental standard operating procedures subject to approval by the City Administrator.
Assign duties and functions to subordinate officers as necessary to accomplish the departmental mission.
Keep full and accurate records of all departmental actions and prepare other records and reports as may be required from time to time.
See that all records and equipment belonging to the City are safely and properly kept and are not used for other than legitimate City business.
[R.O. 2012 §200.250; Ord. No. 546 §9, 7-5-1994]
Firefighters shall work and train under the supervision of the Fire Chief and shall be under the command and control of the Fire Chief at fire scenes. Firefighters shall meet training and alarm response standards as may be established from time to time in the Fire Department's standard operating procedures.