Editor's Note — Ord. no. 2253-04 §1, adopted March
16, 2004, repealed certain chapters of this Title II in their entirety
with no provisions for replacement. See each chapter for editor's
note containing provisions therein. Said ordinance repealed ch. 207:
Tobacco Sales — Distribution To Minors, in its entirety. (See
§§205.610 et seq. for new provisions.) Former ch. 207 derived
from ord. no. 1745-97 §§1 — 7, 8-19-1997; ord. no.
1907-99 §12, 12-21-1999. Said ordinance repealed ch. 210: Litter,
in it entirety. (See §§205.170 et seq. for new provisions.)
Former ch. 210 derived from ord. no. 277 §§1 — 10,
11-21-1966; ord. no. 531 §1, 10-1-1973; ord. no. 1907-99 §14,
12-21-1999. Said ordinance repealed ch. 225: Weeds, in its entirety.
(See §§215.110 et seq. for new provisions). Former ordinances
contained in ch. 225 are not retained in §§215.110 —
215.130. Said ordinance repealed ch. 230: Nuisances, in its entirety.
(See ch. 215 for new provisions.) Former ch. 230 derived from ord.
no. 714 §§3 — 4, 3-13-1978; ord. no. 1549 §1,
1-9-1994; ord. no. 1829-99 §1, 1-25-1999; ord. no. 1907-99 §18,
12-21-1999; ord. no. 1984-01 §1, 2-26-2001. Said ordinance repealed
ch. 250: Ambulance volunteers, in it entirety, with no provisions
for replacement. Former ch. 250 derived from ord. no. 835 §§1
— 5, 1-12-1981. Said ordinance repealed ch. 260: Public trees,
in its entirety, with no provisions for replacement. Former ch. 260
derived from ord. no. 1787-98, 5-19-1998. Any chapter not containing
an editor's note retained all previous sections and ordinance references.
We have kept all referencing retained in ord. no. 2253-04 and proofed
said material to ord. no. 2253-04.
[Ord. No. 384 §1, 4-20-1970; Ord.
No. 2253-04 §1, 3-16-2004]
That there is hereby established for the City of Smithville
a Police Department to be regulated and governed pursuant to the provisions
of this Article. The Mayor and a majority of the Board of Aldermen
shall appoint and set the salaries of such Police Officers as in their
judgment shall be necessary for the preservation of the peace and
protection of the public in the City of Smithville.
[Ord. No. 384 §2, 4-20-1970; Ord.
No. 864 §§1,2, 2-8-1982; Ord. No. 2253-04 §1, 3-16-2004]
A.
There
is hereby established the office and position of Chief of Public Safety.
It shall be the duty and responsibility of the Chief of Public Safety
to supervise and control the operation of the Police Department and
all the personnel and officers herein. The Chief of Public Safety
shall have custody and control over all equipment and facilities used
in the operations of the Police Department and shall be accountable
for such equipment and facilities only to the Mayor and Board of Aldermen.
The Chief of Public Safety shall be the Executive Officer and Operating
Head of the Police Department and in such capacity shall promulgate
all necessary rules and regulations for the efficient operation of
the Police Department.
B.
The
Chief of Public Safety is to report to and be responsible to the City
Administrator.
C.
The
City Administrator is hereby appointed as Supervisor of the Chief
of Public Safety and granted the same powers, rights and duties he
has over other department heads of the City.
[Ord. No. 384 §3, 4-20-1970; Ord.
No. 2253-04 §1, 3-16-2004]
The Chief of Public Safety and any Police Officers appointed
pursuant to the provisions of this Article shall have power to arrest
all offenders against the laws of the State or of the City of Smithville,
by day or by night. Such Chief of Public Safety and the Police Officers
appointed hereunder shall have all the rights, duties and authority
of Police Officers and conservators of the peace as shall be granted
by applicable law of Missouri governing Police Officers and Cities
of the Fourth Class.
[Ord. No. 384 §4, 4-20-1970; Ord.
No. 2253-04 §1, 3-16-2004]
Every Police Officer shall be prompt in the discharge of his
duties and shall at all times hold himself in readiness to obey and
execute all lawful orders, rules and regulations prescribed or made
by the Mayor, Board of Aldermen or the Chief of Public Safety.
[Ord. No. 1008 §§1 — 5, 5-13-1980; Ord. No. 2253-04 §1, 3-16-2004]
A.
Any
Police Officer of the City of Smithville, who completed the basic
Police training program as established by Chapter 590, RSMo., shall
have the authority to respond to an emergency situation outside the
boundaries of the City.
B.
No
Police Officer shall be required by reasons of this Section to leave
the jurisdiction to respond to an emergency situation, but said Police
Officer shall use his said discretion and judgment as to leaving the
City to respond to any emergency situation. It shall be the policy
of the City that said 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 be authorized to use his weapon except to protect himself or to
effectuate an arrest for a serious felony endangering the lives or
threatening serious property damage to one (1) or more persons in
the area.
C.
The
authority contained herein shall permit the response by one (1) or
more City Police Officers in an area surrounding this municipality
or an area of three (3) miles. The Chief of the Police Department
may in his discretion authorize additional response beyond this area.
D.
Every
response to an emergency situation outside of the City shall be reported
by the Chief of Public Safety to the Mayor with an explanation for
the reason for the response.
E.
As
used herein, the term "emergency situation" means
any unforeseen combination of circumstances or events involving danger
or imminent danger to human life or property which requires immediate
action, such as an automobile accident, civil disturbance or serious
accident or criminal action.
[Ord. No. 971 §1, 3-13-1985; Ord.
No. 2253-04 §1, 3-16-2004]
That the Chief of Public Safety of the City of Smithville is
hereby directed to enforce the ordinances of the City of Smithville
by whatever means are legally available to him. It is specifically
acknowledged that the City of Smithville is authorized by Section
79.390, RSMo., to regulate the park and pursuant to such authorization,
all ordinances of the City of Smithville are hereby declared applicable
to Smith's Fork Park.
[Ord. No. 2921-15 §1, 4-21-2015]
These provisions are adopted for the purpose of providing a framework within which law enforcement personnel employed by the City of Smithville can exercise their right under Article I, Section 29, of the Constitution of the State of Missouri to bargain collectively with the City, through representatives of their own choosing.
[Ord. No. 2921-15 §1, 4-21-2015]
A.
These provisions shall apply to all regular 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, Captains, Majors, and the Chief of Police shall be considered
supervisory employees.
2.
Confidential employees shall not be included within the same
bargaining unit as non-supervisory employees, nor shall they be represented
by the same labor organization as represents any non-supervisory employees
within the Police Department. For the purposes of this Subsection,
the Departmental Administrative Assistant/Secretary shall be considered
a confidential employee.
[Ord. No. 2921-15 §1, 4-21-2015]
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 Administrator, or designated
representative, cards containing the signatures 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.
[Ord. No. 2935-15, 10-20-2015]
B.
Upon receiving such cards, the City Administrator, or designated
representative, 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 Administrator, or designated representative,
determines that at least thirty percent (30%) of the employees in
the unit have signed valid cards, the Administrator, or designated
representative, 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 four (4) and no more than six
(6) weeks after the day upon which the Administrator, or designated
representative, first receives the cards from the labor organization's
representative, unless the Administrator, or designated representative,
the Chief of Police, and the representative of the labor organization
all agree upon an earlier date.
[Ord. No. 2935-15, 10-20-2015]
C.
Once an election date has been set, the City Administrator, or designated
representative, 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 and shall be posted within the Department.
[Ord. No. 2935-15, 10-20-2015]
D.
From the time the election notice is first posted until the date
of the election, all employees of the City shall 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 Administrator, or designated representative, shall determine
are appropriate for ensuring the privacy and security of each employee's
vote. Once the poll is closed, the City Administrator, or designated
representative, shall oversee the counting of the ballots. One representative
of the Police Department management team and one representative of
the labor organization shall have the right to be present during the
counting of the ballots.
[Ord. No. 2935-15, 10-20-2015]
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 Smithville 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 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 Smithville 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 Administrator, or designated representative,
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 Administrator, or designated representative, shall first
validate the signatures on the cards.
[Ord. No. 2935-15, 10-20-2015]
1.
If the City Administrator, or designated representative, confirms
that at least thirty percent (30%) of the employees in the bargaining
unit have signed decertification cards, the City Administrator, or
designated representative, 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 Administrator, or designated
representative, receives the decertification cards, and no later than
six (6) weeks after the City Administrator, or designated representative,
receives the decertification cards. 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 are altered by the City's
Board of Aldermen.
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 Administrator, or designated representative, 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. 2935-15, 10-20-2015]
[Ord. No. 2921-15 §1, 4-21-2015]
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 Administrator, and representatives of the labor organization,
selected by the labor organization, shall meet and begin bargaining
for an agreement covering the wages, benefits, and other terms and
conditions 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 shall not pay any union representative for time spent participating
in collective bargaining or preparing for collective bargaining, except
to the extent the person in question is an employee of the City and
elects to use accrued paid time off to cover the time so spent.
D.
If the parties reach an agreement, management shall present the agreement
to the Board of Aldermen for approval 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.
E.
After the first agreement between the City and the labor organization
is adopted, bargaining for renewal agreements shall take place annually.
Such bargaining must be completed by July 31 of each calendar year.
The parties may elect to bargain non-economic terms for longer periods
[e.g., three (3) years or five (5) years], but all economic provisions
of the agreement shall be adopted on a year-to-year basis only.
[Ord. No. 2921-15 §1, 4-21-2015]
A.
Labor agreements negotiated between the parties may cover wages,
benefits, and all other terms and conditions 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.
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. 2921-15 §1, 4-21-2015]
A.
In the event of a budget shortfall, the Board of Aldermen shall have
the right to require 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.
[Ord. No. 2921-15 §1, 4-21-2015]
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.