[CC 1979 §22-41; Ord. No. 77-830 §§1, 17, 2-21-1977; Ord. No. 86-245 §1, 12-15-1986; Ord. No. 88-313 §2, 2-15-1988]
As used in this Article, the following words shall be defined
as follows, unless the context clearly indicates otherwise:
Administrative assistants, civilian consultants and legal
advisors.
Secretaries, clerk-typists, bookkeepers and other miscellaneous
personnel.
All non-staffed commissioned officers.
Those affairs or duties that directly relate to the conserving
of peace and preserving of good order through the enforcement of the
ordinances of the City, Statutes of the State and laws of the United
States.
The term "out of grade" shall apply to proceedings which
affect a Police Officer of the City in reducing his/her grade to such
an extent as would result in changing his/her rank classification.
As an example, demotion from the rank of Sergeant Grade I to Patrolman
Grade III is a demotion "out of grade".
All commissioned personnel holding the rank of sergeant or
a rank higher in the department's chain of command, assigned to administrative
and field supervision functions and all non-commissioned personnel
who by job description and title are classified as supervisors.
Civilian dispatchers, specialists, Police reservists and
civil defense personnel.
The term "within grade" shall apply to proceedings which
affect a Police Officer of the City in reducing his/her grade but
not in changing his/her rank classification. As an example, demotion
from the rank of Patrolman Grade III to Patrolman Grade II is a demotion
"within grade".
[CC 1979 §22-42]
There is hereby established and organized a Police Department
in the City. This department shall consist of the Chief of Police
and commissioned and non-commissioned personnel as authorized in this
Article.
[CC 1979 §22-43; Ord. No. 77-830 §14, 2-21-1977; Ord. No. 88-313 §3, 2-15-1988]
The Chief of Police and all Policemen under his/her supervision
shall be conservators of peace. They shall be active and vigilant
in the preservation of good order within the City. In carrying out
his/her operational duties as supervisor of those conserving peace
and preserving good order, the Chief of Police shall be answerable
only to the Mayor and Board of Aldermen.
[CC 1979 §22-44; Ord. No. 77-830 §15, 2-21-1977]
The Chief of Police and any commissioned member of the Police
Department shall have appropriate authority to enter any house enclosure
or other place where there exists probable cause to believe that a
felony has been or is being committed therein.
[1]
Editor's Note — Ord. no. 06-1689 §1, adopted July
3, 2006, repealed section 200.230 "outside employment" in its entirety.
Former section 200.230 derived from CC 1979 §22-45; ord. no.
77-830 §24, 2-21-1977. At the editor's discretion, this section
has been reserved for the city's future use.
[CC 1979 §22-46; Ord. No. 72-430 §3(5), 10-16-1972]
Courtesy and civility toward the public are demanded of all
members and employees of the department. Any conduct to the contrary
will not be tolerated. Members and employees shall be quiet, civil,
orderly, and shall at all times be attentive and zealous in the discharge
of their duties, controlling their tempers and exercising the utmost
patience and discretion. They must at all times refrain from using
coarse, violent, profane or insolent language but, when required,
must act with firmness and sufficient energy to perform their duties.
They shall be civil and respectful toward each other. Members of the
department will pay attention to orders, instructions or conversations
until completed when spoken to by an officer.
[CC 1979 §22-47; Ord. No. 72-430 §3(6), 10-16-1972]
Commanding officers will be held strictly accountable for the
amount, care and condition of all departmental property and rented
equipment under their control and for the economical use of supplies.
[CC 1979 §22-48; Ord. No. 72-430 §3(7), 10-16-1972]
No repairs will be ordered or any financial obligation of any
kind incurred without authority or requisition signed by the Chief
of Police. Ordinary repairs or minor emergency supplies are to be
ordered or purchased only with permission of the commanding officer.
A requisition and note of explanation is immediately made by the commanding
officer and forwarded to the Chief of Police.
[CC 1979 §22-49; Ord. No. 72-430 §3(8), 10-16-1972]
Members and employees of the department shall be responsible
for the good care of department property, whether fixed or movable,
assigned to their use or keeping. They shall report promptly to their
commanding officer the loss or damage to or any unserviceable condition
of such property. Roughness or carelessness in handling departmental
automobiles or other property shall not be tolerated and will be subject
to charges by commanding officers, who shall be responsible for the
strict enforcement of this rule. Any member of the department or employee
who shall mutilate or destroy City property or property rented by
the City, either through willfulness or negligence, may be required
to pay all costs of repairs or replacement thereof in addition to
suffering any penalty imposed for violation of this Section.
[CC 1979 §22-50; Ord. No. 72-430 §3(9), 10-16-1972]
Police Officers making any public address or writing articles
for public reading, affecting the local Police Department in any way,
shall first take up the matter with the Chief of Police before giving
out the same. The purpose of this Section is to assure the proper
construction of department policies.
[CC 1979 §22-51; Ord. No. 74-554 §5, 8-5-1974]
Policemen employees shall attend those sessions of the Municipal
Court for the City as directed by the Chief of Police.
[CC 1979 §22-52; Ord. No. 72-430 §3(10), 10-16-1972]
All members of the department required as witnesses in cases
before the court are to be punctual in attendance. They shall have
the cases in which they are interested properly prepared with the
witnesses and evidence suitably arrange for presentation to the court.
Members and employees shall observe the utmost attention and respect
toward any judge at all times. When giving testimony they shall speak
calmly and explicitly in a clear, distinct and audible tone in order
that they may easily be heard by the court. Members shall dress in
full uniform or business suit. They shall not chew gum or tobacco.
They shall testify with the strictest accuracy, confining themselves
to the case before the court. They shall neither suppress nor overstate
the slightest circumstances, with the view of favoring or discrediting
any person. When cross-examined, they shall answer with the same readiness
and civility as when testifying in support of the charge, remembering
that the end of justice will be served by showing a desire to simply
tell the whole truth whether it be in favor of or against the defendant.
[CC 1979 §22-53; Ord. No. 72-430 §3(11), (12), 10-16-1972]
The loss of the department issued firearm by a Police Officer
shall without delay be reported to headquarters and to the Chief of
Police.
[CC 1979 §22-54; Ord. No. 72-430 §3(13), 10-16-1972]
All members of the department shall immediately report to headquarters
the loss of any badge or identification card.
[CC 1979 §22-55; Ord. No. 72-430 §1, 10-1-1972; Ord. No. 95-780 §1, 2-20-1995]
A.
Any member
of the Police Department, unless in the performance of official duties,
who shall commit one (1) or more of the following offenses shall be
subject to one (1) or more of the penalties hereinafter provided.
The examples indicated below are merely representative and not meant
to reflect the only reasons that disciplinary action may be taken.
1.
Drinking
any kind of intoxicating liquor while on duty.
2.
Intoxication,
while on duty.
3.
Conduct
unbecoming a Police Officer or employee of the Police Department.
4.
Immoral
conduct.
5.
Neglect
of duty.
6.
Violation
of any criminal law.
7.
Lounging
on post.
8.
Inattention
to duty.
9.
Sleeping
while on duty.
10.
Incapacity
or insufficiency in the service.
11.
Disobedience
of reasonable and lawful order.
12.
Failure
to report for work at specified time without adequate excuse.
13.
Leaving
post without being properly relieved.
14.
Odor
of intoxicating liquor on breath or person while on duty.
15.
Using
coarse, profane or insolent language to a superior officer or to any
member of the department.
16.
Insubordination
or disrespect toward a superior officer.
17.
Using
coarse, profane or insolent language to citizen.
18.
Neglect
in treating officers, members of the department and all other persons
civilly and respectfully at all times.
19.
Willful
maltreatment of any person.
20.
Unlawful
use of any weapon.
21.
Making
a false official report.
22.
Neglect
to wear full uniform during tour of duty, or while attending Police
matters, unless otherwise assigned.
23.
Neglect
to appear clean and tidy at all times while on duty.
24.
Receiving
bribes or money or other things of value.
25.
Receiving
or accepting any fee, reward or gift from any person arrested or from
any person in his/her behalf while in custody or after his/her discharge.
26.
Receiving
or accepting any fee, reward or gift from any person for services
rendered, or pretended to be rendered, as a member of the department
without consent of the Chief of Police and the Board of Aldermen.
27.
Gossiping
about members of the department, either concerning their personal
character or conduct to the detriment of such members.
28.
Publicly
criticizing the official action of a superior officer.
29.
Communicating
or giving out information concerning the affairs of the department
without the consent of the Chief of Police.
30.
Neglect
to pay within a reasonable time a just indebtedness incurred while
in service.
31.
Neglect
to wear badge and other emblems in proper position.
32.
Refusing
to give badge number or name when requested.
33.
Absence
from duty without official leave.
34.
Neglect
to turn over all property recovered or taken from persons arrested,
to the proper officer or other proper persons, without delay.
35.
Failing
to take up grievances through proper channels.
36.
Neglect
to report any member of the department known to violate any rule,
regulation or order issued for the guidance of the department.
37.
Neglect
to keep court appearances on date and on time.
38.
Failing
to give testimony as to true facts in any court case or in changing
testimony to avoid certain facts.
39.
Failure
to take proper care of departmental equipment or rented equipment.
40.
Feigning
sickness or injury to escape duty.
41.
Aiding
a prisoner to escape.
42.
Neglect
to remove ignition keys from motor vehicles when leaving the immediate
vicinity of the vehicle for any reason.
43.
Neglect
in obeying all provisions of the law relating to the operation of
Police vehicles.
44.
Recommending
the names of attorneys or bondsmen (bail) to any person or prisoner.
45.
Any
other act or omission contrary to good order and discipline of the
department.
46.
Violation
of any Section of the rules and regulation relating to the Police
Department.
47.
Any
moving traffic violation.
[CC 1979 §22-56; Ord. No. 81-046 §2, 3-2-1981]
Any member of the Police Department having a complaint to make
against another member or members of the Police Department shall make
a written statement of such complaint stating the State Statute, ordinance
or rule or regulation violated (if appropriate), the date, time and
place such complaint arose, and the names of any witnesses to the
matter surrounding such complaint. Such complaint shall be filed with
the Chief of Police who shall process it in the manner prescribed
by the administrative procedure established by the City and then in
effect.
[CC 1979 §22-57; Ord. No. 81-046 §2, 3-2-1981]
Members of the department deeming themselves aggrieved have
the right to redress through their commanding officers and the Chief
of Police. The chain of command must be maintained and this procedure
must be followed by every officer. The administrative procedure established
by the City and then in effect shall govern such grievances.
[CC 1979 §22-58; Ord. No. 81-046 §2, 3-2-1981]
Any officer or member of the Police Department transgressing
any State law, City ordinance or rule, regulation or order of the
Police Department may be reprimanded, suspended or demoted in the
manner prescribed by the administrative procedure established by the
City and then in effect governing such reprimands, suspensions or
demotions. In addition, any officer or member of the Police Department
so transgressing any such State law, ordinance or rule, regulation
or order may be discharged in the manner provided by law.
[CC 1979 §22-108; Ord. No. 87-271 §1, 5-18-1987]
A.
MAJOR CASE SQUAD
POLICE OFFICER
EMERGENCY SITUATION
For the
purpose of this Section, the following words and phrases shall have
the meanings respectively ascribed to them by this Section:
Any formation, operation, organization or cooperative effort
between any County Governing Body or municipal government and the
City of Manchester, the purpose of which is intensive professional
investigation of certain individual crimes that may occur in their
general geographical area, and which is operated and activated on
request of a County Sheriff, County Police Superintendent or Police
Chief of a political subdivision wherein a crime has occurred.
Any Police Officer of the City of Manchester, Missouri, who
has completed the basic Police training program as established by
Chapter 590 of the Revised Statutes of Missouri, excluding reserve
officers.
Any unforeseen combination of circumstances or events involving
danger to human life or property which requires immediate action,
such as an automobile accident, civil disturbance, serious accident
or criminal action.
B.
A Police
Officer of the City of Manchester shall have the authority, in accordance
with the departmental procedures, to respond to an emergency situation
outside the boundaries of the City of Manchester while on duty.
C.
The authority
contained herein shall permit the response by one (1) or more Police
Officers to an emergency situation within any incorporated area whose
corporate limits are common with the City of Manchester or within
a five (5) mile radius from the corporate limits of the City of Manchester
in an unincorporated area. The Chief of Police or his/her designee
may, in his/her discretion, authorize additional response beyond this
designated area.
D.
The Police
Officers of the City of Manchester are authorized to participate in
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 be so designated by
the Chief of Police and, when acting outside the City of Manchester,
a member shall be considered to be on active duty the same as if acting
within the boundaries of the City of Manchester.
E.
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.
No Police Officer of the City shall be authorized to make an arrest
by reason of this authorization to respond, nor shall he/she be authorized
to use his/her weapon except to respond to a threat of serious physical
harm to himself/herself or others or to make an arrest for a serious
offense involving the infliction or threatened infliction of serious
physical harm.
F.
Every
response to an emergency situation outside the City's boundaries shall
be reported by the Police Officer(s) to the Chief of Police who in
turn shall notify the Mayor and Board of Aldermen with a written explanation
for the reason for said response. A copy of this notification shall
be kept on permanent file by the City.
A.
Defined — Purpose. For the purpose of this Section,
the "Major Case Squad" shall mean any formation,
operation, organization, or cooperative action between any County
Governing Body, any municipal government and the City, the purpose
of which is intensive professional investigation of certain individual
crimes that may occur in their general geographical area, and which
is operated and activated on request of a County Sheriff, County Police
Superintendent, or the Police Chief of a political subdivision wherein
a crime has occurred.
B.
Organization. The officers of the Police Department are
authorized to participate in 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
be so designated by the Chiefs of Police and, when acting outside
of the City as a member of the Major Case Squad operation, shall be
considered to be on active duty the same as if acting within the boundaries
of the City.
