[R.O. 1998 § 120.140; CC 1988 §2-106; Ord. No. 250 §1, 4-8-1957]
The Board of Police Commissioners
of the City is hereby created and established.
[R.O. 1998 § 120.150; CC 1988 §2-107; Ord. No. 250 §2, 4-8-1957; Ord. No. 1824 §1, 7-6-1995; Ord. No. 2848[1] §1, 7-1-2013; Ord. No. 3070, 11-6-2017]
A.
The Board of Police Commissioner shall
consist of twelve (12) members, all of whom shall be residents of
the City and who shall have been residents of the City for one (1)
whole year next preceding their appointment. All twelve (12) Commissioners
shall be selected at large.
[Ord. No.
3240, 8-2-2021]
B.
No person shall serve as a member of the
Board of Police Commissioners who shall not have obtained the age
of twenty-one (21) years prior to the date of his/her appointment.
No person shall serve on such Board if he/she is in arrears on any
taxes owed to the City, or is not qualified to vote in the City municipal
elections, or has been or is ever convicted of a felony.
C.
All appointments shall be for a period
of two (2) years, and any member of the Board shall be eligible for
reappointment.
D.
The term of the Chairman, who shall be
appointed by the Mayor of the City, shall be for a period of one (1)
year, and he/she shall be eligible for reappointment; provided, however,
that should he/she for any reason cease to be a resident of the City
during his/her term as Chairman of the Board of Police Commissioners
he/she shall cease to hold such office, and the balance of the term
for which he/she has been appointed shall be served by a duly appointed
member of the Board of Police Commissioners.
[1]
Editor’s Note: This ordinance also provided
that members appointed after June 4, 2013, will serve without pay.
[R.O. 1998 § 120.160; CC 1988 §2-108; Ord. No. 250 §8, 4-8-1957]
[R.O. 1998 § 120.170; CC 1988 §2-109; Ord. No. 250 §4, 4-8-1957; Ord. No. 359 §1, 11-20-1961; Ord. No. 2020 §3, 5-4-1998]
A.
The Board members shall not have the power,
nor shall they assert the power, to exercise direct supervision over
any member of the Police Department and the performance of his/her
police duties, but shall contact the Marshal in all matters requiring
supervision or the giving of orders.
B.
The Board shall have the power as a body
to investigate any allegations or complaint regarding any action or
actions of any Police Officers of the City, and shall promptly report
the results of that investigation, after a hearing, to the Mayor and
Marshal of the City in writing. The report shall set forth the action
complained of, the results of the investigation conducted, together
with the Board's recommendation as to what action should be taken
by the Board of Aldermen and the Marshal, and shall state the vote
of the Board upon the action recommended.
C.
The Board of Police Commissioners shall
not usurp or exercise any of the powers of the Marshal over the members
of the Police Department directly, but shall meet with the Marshal
as a body, and advise him/her of any matter it believes requires attention
or remedy. Disagreements or differences of opinion between the Board
of Police Commissioners and the Marshal shall be referred to the Mayor
and the Board of Aldermen for determination.
D.
The Board of Police Commissioners shall
review the ordinances of the City governing the Police Department,
and shall become familiar with the Statutes of the State regarding
Police Officers in the Cities of the same class as the City of St.
Ann, and shall recommend such legislation by the City as may be deemed
necessary and/or desirable in its interest for providing the most
efficient police protection available for the City.
E.
The Board of Police Commissioners shall
call upon the City Attorney or special counsel of the City for such
legal advice or services as may be required in the performance of
its duties.
[R.O. 1998 § 120.180; CC 1988 §2-110; Ord. No. 250 §5, 4-8-1957]
A.
Meetings of the Board of Police Commissioners
shall be held at the call of the Chairman, or on order of the Mayor,
or upon written notice to all the members of the Board stating the
purpose of the meeting. In case of emergency, the written notice shall
not be necessary if waived by four (4) members other than the Chairman,
and further provided that the remaining members are orally advised
or it is not reasonably possible to locate them, and further provided
that a legal quorum of the Board attends such meeting.
[Ord. No. 2848 §2, 7-1-2013]
B.
Seven (7) members, including the Chairman,
shall constitute a legal quorum of the Board.
[Ord. No. 2848 §2, 7-1-2013; Ord. No. 3240, 8-2-2021]
C.
The Chairman shall preside at all meetings
except that in his/her absence the remaining members of the Board,
if there is a legal quorum present, shall appoint an Acting Chairman
to serve at such meeting, and he/she shall have all of the powers
of the regular Chairman except that he/she shall be permitted to vote
on all matters.
D.
The Board shall elect a Secretary from
its own membership. The Secretary shall keep accurate minutes of all
proceedings of the Board. Upon approval by the Board, the minutes
shall be signed by the Chairman and attested to by the Secretary.
E.
The agenda of all meetings shall be prescribed
by the Chairman or Acting Chairman who shall allow sufficient time
for representatives of the public, the Police Department, or any other
group, to appear before it.
F.
All meetings shall be held in the City
Hall except in case of an emergency or when the City Hall is unavailable.
[R.O. 1998 § 120.190; CC 1988 §2-111; Ord. No. 250 §6, 4-8-1957]
A.
In any investigation regarding the conduct
of Police Officers, the officers involved shall be present, and have
the right to be represented by counsel, and have the privilege of
cross examination of all witnesses and, if he/she chooses, to introduce
testimony on his/her own behalf.
B.
The hearing shall be before the whole Board
of Police Commissioners and the Marshal shall be present during such
investigation and hearing.
C.
At such hearing, the Chairman shall regulate
the proceedings and take all measures necessary or proper for the
efficient performance of such duties.
D.
Any evidence which would be admissible
under the general Statutes of the State or under the rules of evidence
governing proceedings in matters not involving a trial by jury in
the courts of the State shall be admissible in a hearing before the
Board of Police Commissioners. The rules of evidence shall be applied
in any proceeding to the end, that equal and proper evidence shall
be conveniently and expediently produced while preserving the substantial
rights of the parties.
E.
The Board shall have the power, in cases
involving moral turpitude, to suspend the accused from duty if a majority
of the Board determines that the accused is guilty, and further provided
that in its report it specifically recommends dismissal of the officer
by the Board of Aldermen.
F.
If the Board of Aldermen does not accept
the recommendation of the Board of Police Commissioners, the suspension
shall be immediately lifted, and the officer reinstated.
[1]
Editor's Note: Ord. No. 2250 § 1,
adopted on June 3, 2002, repealed §§ 120.200 –
120.220 regarding commission on economic development and municipal
improvement. Former §§ 120.200 – 120.220 derived
from CC 1988 §§ 2-113 – 2-115 and Ord. No. 1847
§§ 1 – 3, 11-6-1995).
