City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
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 no. 2253-04 §1, adopted March 16, 2004, repealed certain chapters of this Title II in their entirety with no provisions for replacement.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 Said ordinance repealed ch. 207: Tobacco Sales — Distribution To Minors, in its entirety.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 Said ordinance repealed ch. 210: Litter, in it entirety.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 Said ordinance repealed ch. 225: Weeds, in its entirety.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 Said ordinance repealed ch. 230: Nuisances, in its entirety.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 Said ordinance repealed ch. 250: Ambulance volunteers, in it entirety, with no provisions for replacement.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 Said ordinance repealed ch. 260: Public trees, in its entirety, with no provisions for replacement.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.