[Ord. No. 8722, 9-13-2021[1]]
All disciplinary action complaints and grievances of employees
in the classified service of the City shall be reviewed by the department
head, Mayor or his/her designee and/or heard by the Personnel Commission
in the manner provided by this Article.
[Ord. No. 8722, 9-13-2021]
Complaints and grievances filed by Law Enforcement Officers
shall be considered in accordance with Section 590.502, RSMo., and
complaints and grievances filed by all other employees shall be filed
within seven (7) calendar days of the employee's receipt of the disciplinary
action giving rise to the grievance, otherwise such alleged grievance
shall be considered not to exist.
[Ord. No. 8722, 9-13-2021]
A.Â
Any grievance relating to a disciplinary action of a Law Enforcement
Officer shall be handled in accordance with Section 590.502, RSMo.
Any grievance of any employee other than a Law Enforcement Officer
relating to a disciplinary action by City management or supervision,
other than a department head or the Mayor, shall be submitted, in
writing, to the department head within seven (7) calendar days of
the issuance of the discipline. The written submission to the department
head must include specific circumstances and state the remedial action
requested. Such an appeal must be signed personally by the employee,
with the original appeal or grievance delivered to the department
head. The department head or his/her designee shall investigate and
render a decision within ten (10) working days of receipt of the appeal
or grievance request.
B.Â
Law Enforcement Officers who are suspended without pay, demoted, terminated, transferred, or placed on a status resulting in economic loss shall be entitled to a full due process hearing before the Mayor. In all other circumstances and for all other employees, in the event that Subsection (A) does not resolve the problem or the discipline was initially issued by the department head, the employee may forward all written documentation and appeal to the Mayor within seven (7) calendar days of receipt of the department head's decision. Such appeal must be signed personally by the employee, with the original delivered to the Mayor. The Mayor or his/her designee will provide a decision to the employee within ten (10) working days of receipt of the request.
C.Â
In the event that Subsection (B) does not resolve the problem for any employee other than a Law Enforcement Officer, and the grievance involves a suspension of more than five (5) working days or shifts, employment dismissal or disciplinary demotion with reduced compensation rate, the employee may request an appeal hearing before the Personnel Commission unless an appeal to the Personnel Commission is expressly prohibited under the Personnel Code or City Charter. The written request for a hearing with the Personnel Commission shall be filed with the City's Personnel Officer within seven (7) calendar days from receipt of the decision of the Mayor or his/her designee.
[Ord. No. 8722, 9-13-2021; Ord. No. 8787, 5-9-2022]
A.Â
Purpose. The purpose of this Section is to provide an accessible,
respectful, independent and effective forum for community participation
in the resolution of complaints by an independent process for review
of actual or perceived misconduct by Police Officers thereby increasing
the Police Department's accountability to the community and community
trust in the Police Department.
B.Â
AGGRIEVED PERSON
BOARD
CITIZEN COMPLAINANT
EXTERNAL CITIZEN COMPLAINT
MISCONDUCT
NOTICE
POLICE OFFICER
Definitions And Rules Of Construction. The following definitions
and rules of construction apply to this Section:
Anyone who allegedly has been mistreated by a Florissant
Police Department Officer or employee.
When not otherwise specified, the Citizens Police Review
Board.
A person who is not a member of the Florissant Police Department
or an employee of the City and who files a complaint with the Police
Department or with the Board against a Police Officer.
A written statement by a person who is not a member of the
Florissant Police Department or an employee of the City alleging misconduct
of a Police Officer involving interaction with the public.
Any improper behavior by a Florissant Police Officer, including
any violation of Federal law, State law, City ordinance, City regulation
or Police Department policy, guideline, directive, rule, regulation
or order in effect at the time of the incident.
Shall be considered given when it is hand delivered or three
(3) business days after it is mailed.
A commissioned Law Enforcement Officer, other than the Chief
of Police, who has the power of arrest and who serves in the Florissant
Police Department.
C.Â
Establishment; Membership; Qualifications; Terms; And Removal.
1.Â
The Citizens Police Review Board is hereby established.
2.Â
The Board shall consist of seven (7) members appointed by the
City Council upon recommendation of the Mayor. Members shall serve
without compensation.
3.Â
The City shall actively notify citizens to apply for appointment
to the Board, and City Council members and citizens are encouraged
to make recommendations to the Mayor about persons who should be considered
for appointment to the Board based upon their independent, impartial,
balanced views.
4.Â
At least five (5) of the Board members must be registered voters
and either a resident of Florissant, or an owner of a business in
Florissant, or a leader of a church or religious congregation in Florissant.
Board members may not be employed by the City; have served in a law
enforcement capacity in the past five (5) years; be a party to any
pending litigation against the City, excluding traffic offenses; be
a current elected public office holder; or have served as an elected
public office holder in the past five (5) years; or be a candidate
for elected public office; and the spouses of the foregoing persons.
Board members should reflect the cultural and racial diversity of
Florissant and demonstrate knowledge of issues pertaining to civil
rights and the criminal justice system and police practices. Board
members cannot have a serious criminal record. The Police Chief shall
obtain a criminal history of all applicants for membership on the
Board and advise the City Council of any arrests and any convictions
for violations of Federal, State or local law.
5.Â
Three (3) of the members first appointed by the City Council
shall serve terms of two (2) years, two (2) shall serve terms of three
(3) years, and two (2) shall serve terms of four (4) years. Thereafter,
members appointed by the City Council shall serve terms of three (3)
years. Vacancies shall be filled for unexpired terms in the same manner
as the original appointments.
6.Â
The Board or the Mayor may recommend to the City Council that
a Board member be removed from the Board if the member persistently
fails to perform the duties of office or has engaged in conduct that
is detrimental to the City or the Board.
7.Â
No Board member may serve more than two (2) consecutive terms.
D.Â
Officers; Meetings; Quorum; Rules.
1.Â
The Board shall elect a Chair and Vice Chair from among its
members. The term of these officers shall be one (1) year. The Chair
shall preside at meetings. The Vice Chair shall preside when the Chair
is absent or otherwise unable to preside.
2.Â
The Board should meet at least monthly, and should meet as frequently
as possible to perform its duties. When requested by the Board, the
Police Chief or the Chief's designee shall attend Board meetings to
serve as an informational resource for the Board. The Board shall
provide an opportunity for public comment at each monthly meeting.
The Board shall meet semiannually with the Chief of Police to discuss
issues of concern and to recommend ways that the police can improve
their relationship with citizens. The Board may also make recommendations
regarding policies, rules, hiring, training and the complaint process.
3.Â
Four (4) members shall constitute a quorum for conducting business.
4.Â
The Board may establish rules and procedures that do not conflict
with this Code or the rules and regulations governing internal affairs
investigations.
5.Â
Board members shall follow the National Association for Civilian
Oversight of Law Enforcement (NACOLE) Code of Ethics.
6.Â
All closed records provided to the Board shall remain closed
records and shall be returned to the City before adjourning any meeting.
E.Â
Administration And Training.
1.Â
The Chief of Police shall be the designated staff liaison for
the Board, and a City staff member shall be provided to the Board
to perform administrative duties, including providing information
to the Board and keeping minutes of the meetings of the Board.
2.Â
An independent contractor that demonstrates knowledge of issues
pertaining to civil rights, the criminal justice system and the police
practices may be employed part-time to serve as a coordinator to assist
the Board in the preparation of the required reports and the preparation
of recommendations to the Police Chief. The coordinator may also assist
in training of the Board members. The coordinator shall be hired by
the Mayor and shall not be a voting member of the Board.
3.Â
New Board members shall participate in orientation and training
that includes review of the police professional standard unit's operating
policies and procedures and a ride- along with Police Officers. Training
shall also include topics suggested by NACOLE in its recommended orientation
and training for Board members.
4.Â
After an appointment to the Board but before serving on the
Board, Board members shall participate in a ride-along with Police
Officers for at least twenty-four (24) hours, with a least eight (8)
hours ride-along occurring at night. Thereafter, Board members shall
participate in a ride-along with Police Officers for at least sixteen
(16) hours per year with at least four (4) hours ride-along occurring
at night.
F.Â
Duties. The Citizens Police Review Board shall have the following
duties:
1.Â
Review the Police Chief's decisions on alleged misconduct based
upon an external citizen complaint and an appeal to the Board, as
provided for in this Section.
2.Â
Conduct a jurisdictional review, upon written request, from
the decision of the Police Chief that a complainant's allegations
do not fall within the requirements set forth in this Section related
to complaints.
3.Â
Make recommendations to the Police Chief to consider pursuing
a criminal investigation of a Police Officer.
4.Â
Host public meetings and educational programs for Florissant
residents and the general public.
5.Â
Review and make recommendations to the Police Chief on police
policies, procedures and training.
6.Â
Conduct reviews of the open records of the Police Department
relating to any external citizen complaints for compliance with the
requirements of this Section.
7.Â
Prepare and submit to the City Council annual reports that analyze
citizen complaints, including demographic data on complainants, complaint
disposition and investigative findings, but such reports shall not
include records or information which are closed under Chapter 610,
RSMo. The reports should also describe the Board's community outreach
and educational programs. The reports should also set forth any recommendations
made on Police Department policies, procedures and training. The reports
shall be submitted no later than March 1 for the previous calendar
year.
G.Â
Internal Affairs Procedures; Police Officers And Employees Of The
Police Department.
1.Â
The Police Chief shall cause Police Department rules and regulations to be established that provide for internal affairs investigations. These rules and regulations must be consistent with the provisions of this Section, Chapter 125 of the Florissant Code, and Section 590.502, RSMo.
2.Â
Police Officers under investigation shall have all of the rights
set forth in Section 590.502, RSMo.
H.Â
Complaints; Police Chief Decision On Complaint; Appeals To Board.
1.Â
Any external citizen complaint made against a Police Officer
must be in writing and include a written statement outlining the complaint
that includes the personal identifying information of the person filing
the complaint. Any external citizen complaint may be filed with the
Police Department, or the Board only by the following:
2.Â
The recipient of the written external citizen complaint shall
promptly forward such complaint to the Police Chief. In addition,
the Police Officer who is subject to an investigation based upon an
external citizen complaint shall be informed, in writing, of the existence
and nature of the violation alleged in such complaint, the individuals
who will be conducting the investigation and the personal identifying
information of the person filing the complaint in accordance with
Section 590.502, RSMo. Notice shall be provided to the Police Officer
along with a copy of the complaint at least twenty-four (24) hours
prior to any interrogation or interview of the Police Officer.
3.Â
External citizen complaints must be filed within ninety (90)
days from the date of the alleged misconduct, unless the complainant
shows good cause for the delay in submitting the complaint, but in
all circumstances, complaints must be filed within one (1) year of
the alleged misconduct.
4.Â
The Board shall take no action on a complaint until the Police
Chief has made a decision on the complaint, and the Police Chief typically
will take no action on a complaint alleging misconduct when the Police
Department is treating it as a criminal matter unless and until the
investigating department determines that the Police Officer's alleged
conduct was not criminal or a prosecutor has declined to prosecute
the alleged offense or a prosecution of the alleged offense has concluded.
5.Â
Decision By Police Chief.
a.Â
Unless the external citizen complaint has been withdrawn, resolved
through mediation or the Police Officer is no longer employed by the
City, the complaint investigation process shall be concluded and a
decision rendered within ninety (90) days from receipt of the external
citizen complaint, unless an extension of time is granted in accordance
with Section 590.502.2(11), RSMo. The Police Chief shall decide whether
the complaint is:
(1)Â
Unfounded (acts complained of did not occur or
were misconstrued);
(2)Â
Not sustained (insufficient facts established to
either prove or disprove the acts complained of);
(3)Â
Sustained (sufficient facts established to prove
misconduct); or
(4)Â
The Police Officer is exonerated (acts complained
of occurred but were justified, lawful and proper).
b.Â
If the complaint is sustained, the Police Chief shall take appropriate
disciplinary action.
6.Â
Within five (5) days of the conclusion of the administrative
investigation, the Police Chief or the investigator shall give written
notice of the investigative findings, the decision and disciplinary
action, if any, to the Police Officer. The Police Chief shall also
promptly give written notice of the decision to the citizen complainant
and whether disciplinary action was or was not taken. The notice shall
also include information on the Police Officer's right to appeal and
the manner of appealing the decision of the Police Chief to the Citizens
Police Review Board within ten (10) days of the decision by the Police
Chief and, if applicable, the notice shall include information on
the Police Officer's entitlement to a full due process hearing before
the Mayor in accordance with Section 590.502, RSMo. An appeal to the
Citizen Police Review Board or a request for a due process hearing
before the Mayor in accordance with Section 590.502, RSMo., shall
stay the disciplinary action.
7.Â
The complainant has the right to appeal the Police Chief's decision
to the Citizens Police Review Board unless the Police Officer has
exercised the right, if any, to a due process hearing pursuant to
Section 590.502, RSMo. An appeal to the Citizen Police Review Board
by the complainant when a Police Officer has no right or has waived
the right to a full due process hearing, as set forth in Section 590.502,
RSMo., must be made in writing and delivered to the City's Communications
Manager. The City's Communications Manager must receive the appeal
within seven (7) days after the receipt of the notice of the Police
Chief's decision. The appeal must be either hand-delivered to the
office of the City's Communications Manager or sent to the City's
Communications Manager by United States Mail, facsimile machine or
electronic mail. Such appeal will stay the disciplinary action.
8.Â
When an appeal has been filed, the City's Communications Manager
shall promptly notify all Board members and the Police Chief. The
Police Chief shall promptly forward to each Board member a copy of
certain Police Department records pertaining to the complaint, including
the complaint, the original police report, if any, and applicable
general orders.
9.Â
The Board shall promptly meet to consider the appeal and shall
act upon the appeal within fifteen (15) days of its receipt of an
appeal unless the period of time for review by the Board is contradictory
to the provisions of Section 590.502, RSMo., and in that event the
Board shall act upon the appeal within the timeframe allowed under
Section 590.502, RSMo. During the meeting of the Board, additional
records will be provided to the Board pertaining to the completed
investigation of the complaint, including any memos and recorded interviews,
and all such records shall be returned to the City before adjourning
the meeting. If the Board does not act within fifteen (15) days of
the receipt of the appeal or within the timeframe allowed under Section
590.502, RSMo., the decision of the Police Chief shall be deemed to
be affirmed.
I.Â
Request For Jurisdictional Review.
1.Â
Upon a written request, the Board shall conduct a jurisdictional
review from the decision by the Police Chief that a person's allegations
do not fall within the requirements set forth in this Section related
to complaints, including, but not limited to:
2.Â
Requests for limited review pursuant to this Section shall be
filed with the City's Communication Manager within seven (7) days
after the person is given notice of the determination by the Police
Chief.
3.Â
When a request for jurisdictional review has been filed, the
City's Communication Manger shall promptly notify all Board members
and the Police Chief. The Police Chief shall promptly forward to each
Board member a copy of the person's allegations, any relevant police
or City policies, records relating to any police investigation, and
a copy of the Police Chief's written notice.
4.Â
The Board shall review the records provided to determine if
the person timely filed a complaint within the meaning of this Section.
The Board shall have the authority to request Police Department records
pertaining to the complaint and the investigation of the complaint
and the Police Chief shall respond to the Board's request for records
within five (5) days by providing such documents or by providing a
written explanation to the Board and the Mayor detailing the reasons
why the documents will not be produced. In the event the Police Chief
does not produce the records requested by the Board, the Board has
the power and authority to seek the issuance of a subpoena from a
Judge within the 21st Judicial Circuit.
5.Â
The Board shall promptly meet to conduct its review and shall
make a determination within fifteen (15) days of its receipt of the
written request. If the Board does not act within fifteen (15) days
of its receipt of the written request for jurisdictional review, the
decision of the Police Chief shall be deemed to be affirmed.
6.Â
If the Board agrees with the Police Chief's determination, the Board shall notify the Police Chief, the Police Officer, and the complainant of its determination. If the Board disagrees with the Police Chief and finds that the complainant has timely filed a complaint alleging misconduct that meets the requirements of Subsection (H)(1), the Board shall notify the Police Chief, the Police Officer and the complainant. The Police Chief shall proceed with an investigation of the complaint and the investigation of a Police Officer shall be conducted in accordance with Section 509.502, RSMo.
J.Â
Board Review Of Police Chief's Decision On Complaints And Recommendation.
1.Â
The Board shall only review the Police Chief's decisions on complaints when an appeal is filed in accordance with Subsection (H) of this Section. In so doing, the Board shall review the record of the investigation, including, but not limited to, any and all recorded, unedited interviews.
2.Â
The Board, as part of its review, may hear comments from the
complainant, witnesses to the incident and Police Officers if such
persons request that the Board do so.
3.Â
The Police Chief and all Police Officers shall cooperate with
the Board in its review of the Police Chief's decision, but cooperation
does not require a Police Officer or a witness to testify or make
any statements to the Board.
4.Â
As part of the Board's review, the Board shall have the authority
to request Police Department records pertaining to the complaint and
the investigation of the complaint, and the Police Chief shall respond
to the Board's request for records within five (5) days by providing
such documents or by providing a written explanation to the Board
and the Mayor detailing the reasons why the documents will not be
produced. In the event the Police Chief does not produce the records
requested by the Board, the Board has the power and authority to seek
the issuance of a subpoena from a Judge within the 21st Judicial Circuit.
5.Â
Any person who requests to appear and voluntarily appears before
the Board shall be entitled to have an attorney or authorized representative
present with them. The attorney or authorized representative shall
be permitted to confer with the Police Officer but shall not unduly
disrupt or interfere with the interview.
6.Â
The Board shall provide timely updates on the progress of the
review to the complainant and the Police Officer, unless the specific
facts of the review would prohibit such updates or the documentation
or information is a closed record under Chapter 610, RSMo.
7.Â
The Board may decline further action on its review of the decision
of the Police Chief if it determines that the alleged acts of misconduct
are false.
8.Â
The Board may request the Police Chief to order further investigation
if the Police Chief is allowed to do so under Section 590.502, RSMo.
9.Â
After completing its review, the Board shall report its findings
and recommendations to the Mayor and the Police Chief, as set forth
below.
10.Â
If the Board agrees with the Police Chief's decision, in addition to reporting its findings and recommendations to the Mayor and Police Chief, it shall give notice to the Police Officer, together with notice of the Police Officer's right to a full due process hearing, in accordance with Section 590.502, RSMo., if applicable, or the right to appeal the Police Chief's decision as provided for in Subsection (K). The Board shall also give notice to the complainant of the right to appeal the Police Chief's decision as provided for in Subsection (K).
11.Â
If the Board recommends a disposition of the complaint other than the decision made by the Police Chief, the Police Chief shall have ten (10) business days to reconsider the original decision and either reaffirm or modify it. The Police Chief shall give written notice of the decision upon reconsideration to the Board, the Mayor and the Police Officer. The Police Chief shall also give written notice of the decision to the complainant and whether disciplinary action was taken and such other information to the extent that the information in his/her decision are not closed records under Chapter 610, RSMo. The Police Chief shall also give notice to the Police Officer of the right to seek a full due process hearing in accordance with Section 590.502, RSMo., if applicable or the right to appeal as provided for in Subsection (K). If the Police Chief takes no action within ten (10) business days after the date of the Board's findings and recommendation, the original decision of the Police Chief is automatically reaffirmed, and the Police Chief shall give notice to the Police Officer and the complainant as set forth above.
K.Â
Appeals To The Mayor. After the Board's findings and recommendation
and, the Police Chief's decision after reconsideration, the Police
Officer and the complainant shall have the following rights:
1.Â
A Police Officer who is suspended without pay, demoted, terminated,
transferred, or placed on a status resulting in economic loss shall
be entitled to a full due process hearing before the Mayor in accordance
with Section 590.502, RSMo.
2.Â
A Police Officer may appeal the Police Chief's decision to the Mayor for the Mayor's review if the discipline is other than suspension without pay, demotion, discharge, transfer or placement on a status resulting in economic loss. Such an appeal shall be made by filing a written statement with the Mayor setting forth the employee's reasons for appeal. The request must be filed within twenty-one (21) days after receiving the notice of the right to appeal. The appeal shall be handled in accordance with the provisions of Chapter 125, Article V, of the Florissant Code. The Mayor shall give notice of the appeal to the complainant and afford the complainant the opportunity to discuss the matter with the Mayor.
3.Â
The complainant may not file an appeal of the Police Chief's
decision concerning a Police Officer following review by the Board.
L.Â
Open Records And Meetings.
1.Â
Notwithstanding the provisions set forth herein, all records
pertaining to complaints filed against Police Officers or employees
of the Police Department alleging misconduct of the Police Officer
or employee of the Police Department shall be closed records in accordance
with Chapter 610, RSMo.
3.Â
The Board shall meet in closed session to hear statements, discuss
and investigate matters:
M.Â
Obstructing Board Operations. It shall be unlawful for any person,
in any manner, to willfully intimidate, influence, impede, deter,
threaten, harass, obstruct or prevent another person from freely,
fully and truthfully cooperating with the Board.
N.Â
Annual Evaluation By Council. Each year, after reviewing the Board's
annual report, the City Council shall review the effectiveness of
the Board and shall determine whether this Section should be modified
or repealed.
O.Â
Availability Of Police Policies. In accordance with Chapter 610,
RSMo. (commonly referred to as the "Sunshine Law"), the Police Chief
shall make available to the City Council, employees and the general
public, upon request, all Police Department policies, guidelines,
directives, orders, rules and regulations except those that would
reveal tactics that would endanger the life of any Police Officer
or would otherwise be a closed record under Chapter 610, RSMo.
[Ord. No. 8661, 1-11-2021; Ord. No. 8722, 9-13-2021]
A.Â
Any disciplinary action appealable to the Personnel Commission shall be heard by the Personnel Commission within thirty (30) calendar days of the receipt of such appeal from the Personnel Officer, if at all practicable. The Personnel Officer shall provide the Personnel Commission members with a copy of the employee's appeal within five (5) business days of receiving the employee's appeal, along with copies of the written grievances/appeals and decisions submitted or issued under Subsections (A) and (B) of this Section, as applicable. No other documentation shall be submitted to the Personnel Commission, except as to scheduling and procedural matters.
B.Â
At the hearing of such appeals, technical rules of evidence shall
not apply. The complainant may be represented by counsel. The Personnel
Commission shall endeavor to render its decision affirming or reversing
the decision of the department head within thirty (30) calendar days
after the hearing, with the department head's decision being affirmed
if the department head acted within his/her authority and there is
competent evidence to support the decision of the department head,
as may have been affirmed or modified by any review by the Mayor.
The decision of the Personnel Commission shall be final.
[Ord. No. 8722, 9-13-2021]
A.Â
This grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Florissant. Sections 125.600 and 125.650 of the City's Personnel Code govern employment-related complaints of disability discrimination.
B.Â
The complaint should be in writing and contain information about
the alleged discrimination such as name, address, phone number of
complainant and location, date, and description of the problem. Alternative
means of filing complaints, such as personal interviews or a tape
recording of the complaint, will be made available for persons with
disabilities upon request.
C.Â
The complaint should be submitted by the grievant and/or his/her
designee as soon as possible but no later than sixty (60) calendar
days after the alleged violation to:
ADA Coordinator/Director of Human Resources City of Florissant
|
955 Rue St. Francois Florissant, MO 63031
|
D.Â
Within fifteen (15) calendar days after receipt of the complaint,
the Director of Human Resources will meet with the complainant to
discuss the complaint and the possible resolutions. Within fifteen
(15) calendar days of the meeting, the Director of Human Resources
will respond, in writing, and where appropriate, in a format accessible
to the complainant, such as large print, Braille, or audio tape. The
response will explain the position of the City of Florissant and offer
appropriate options for substantive resolution of the complaint.
E.Â
If the response by the Director of Human Resources does not satisfactorily
resolve the issue, the complainant and/or his/her designee may appeal
the decision within fifteen (15) calendar days after receipt of the
response to the Mayor.
F.Â
Within fifteen (15) calendar days after receipt of the appeal, the
Mayor will meet with the complainant to discuss the complaint and
possible resolutions. Within fifteen (15) calendar days after the
meeting, the Mayor will respond, in writing, and, where appropriate,
in a format accessible to the complainant, with a final resolution
of the complaint.
G.Â
All written complaints received by the ADA Coordinator/Director of
Human Resources, appeals to the Mayor, and responses from these two
(2) offices will be retained by the City of Florissant for at least
three (3) years.