[1]
Editor's Note — Ord. no. 530 §3, enacted December
28, 1992 repealed §§200.010 — 200.030 and enacted
the new provisions set out herein. Former §§200.010 —
200.030 derived from ord. no. 225 §§2 — 3; ord. no.
382 §1, 2-27-1989; ord no. 383 §§2 — 3, 2-27-1989.
[1]
Editor's Note — Ord. no. 05-001 §§1 —
2, adopted January 10, 2005, repealed sections 200.010 "city marshal/chief
of police" and 200.020 "city police administrator" in their entirety.
Former sections 200.010 — 200.020 derived from ord. no. 530
§§1, 4, 12-28-1992; ord. no. 03-018 §§1 —
2, 5-12-2003. At the editor's discretion, these sections have been
reserved for the city's future use.
[Ord. No. 530 §§5 —
8, 12-28-1992; Ord. No.
99-005 §§1 — 2, 2-22-1999; Ord. No. 03-042 §1, 11-10-2003; Ord. No. 05-001 §§1, 3 — 4, 1-10-2005; Ord. No. 41-2018, 12-3-2018]
A.
The Chief of Police shall be a full-time position.
B.
The Chief of Police shall have the following powers and duties:
1.
To enforce all municipal traffic ordinances, all municipal health
ordinances and health regulations, and any other ordinances the enforcement
of which has not been delegated to any other City Officer.
2.
To supervise and initiate all training of Police Officers and
ensure that the appropriate educational requirements established by
the State of Missouri are met by each officer every year.
3.
To supervise all investigations and to review all official Police
reports.
4.
To initiate the effective pursuance of funds for legitimate
uses within the Police Department such as all applications for Federal
grants for law enforcement purposes.
5.
To coordinate with other law enforcement agencies, including
in enforcing the law, keeping other agencies informed and learning
about developments outside the City that could impact the City of
Herculaneum.
6.
He/she shall be the Chief Administrator of the Police Department
and shall promulgate, monitor, revise and enforce such regulations,
operating procedures, work schedules and other internal procedures
within the Department to be fair and effective.
7.
He/she shall develop a departmental budget, including initiating
budget requests and recommendations to the Board of Aldermen regarding
the hiring of personnel for the Police Department and for the purpose
of equipment for same.
8.
He/she shall supervise the service of all summons and other
process by the Police Department.
9.
To cooperate with other City departments and the school system
to address their respective concerns and needs relative to law enforcement.
10.
To serve as the connection between the Board of Aldermen and
the Police Officers.
11.
To serve as a spokesperson for the Department in representing
the Department to the media.
12.
To work closely with the Mayor and the Chairman of the Police
Board.
13.
To represent the Department in communication with the Board
of Aldermen and the Police Board.
14.
To seek out input from the citizens of the City by attending
various meetings and then communicating clearly and authoritatively
with the officers and supervisors in the Department about said concerns
about the Department.
15.
To be available to address various organizations in and around
the City.
16.
To communicate the direction and plans of the Police Department
by establishing a departmental vision and how it will be pursued in
consultation with the Police Board.
17.
He/she shall have such other duties as may be required by him/her
by the Board of Aldermen, by ordinance or by State Law.
18.
He/she shall be required to complete six hundred (600) hours
of law enforcement training in a qualified school, and enrollment
must begin at the next scheduled session.
19.
He/she shall be in attendance at all scheduled meetings of the
Board of Aldermen and submit at this time a bimonthly report of the
Police Department activities.
C.
Competencies. In order to perform the duties set forth above, the
Chief of Police needs to possess following competencies:
1.
Professionalism. The ability to remain objective and focused
on professional standards while working in a political climate.
2.
Leadership. The ability to communicate with others in such a
manner that one (1) is able to persuade people individually or in
a group to take specific action.
3.
Dealing with people. Skill in perceiving and reacting to the
needs of others. This includes an awareness of one's impact on
others.
4.
Delegation. The ability to use subordinates effectively and
to understand where a decision can best be made.
5.
Development of subordinates. The ability to maximize human potential
of the work force through training and development activities related
to current and future jobs.
6.
Judgment. The ability to develop alternative solutions to problems,
to evaluate courses of action and make logical decisions.
7.
Oral communication skills. The ability to communicate one's
ideas clearly, concisely and completely in everyday conversation.
8.
Oral presentation skills. The ability to communicate one's
ideas clearly, concisely and completely in a stand-up presentation.
9.
Planning And Organization Skills. The ability to use available
resources, including material, equipment and personnel, in an efficient
manner in order to achieve the objectives of the job of the Administrator
of Police.
10.
Written Communication Skills. The ability to communicate one's
ideas clearly, concisely and completely in written form.
11.
Management Control. The skill in establishing procedures to
monitor (or regulate) processes, tasks or activities of subordinates,
the ability to evaluate the results of delegated assignments and projects.
D.
Removal From Office.
1.
The Chief of Police shall be subject to removal from office
or employment by the Board of Aldermen if:
a.
The Board of Aldermen issues a written notice to the Chief of
Police no fewer than ten (10) business days prior to the meeting at
which his or her removal will be considered;
b.
The Chief of Police has been given written notice as to the
Governing Body's intent to remove him or her. Such notice shall
include:
(1)
Charges specifying just cause for which removal
is sought, where "just cause" shall exist as defined in Section 106.273,
RSMo.;
(2)
A statement of facts that are alleged to constitute
just cause for the Chief of Police's removal; and
(3)
The date, time, and location of the meeting at
which the Chief of Police's removal will be considered;
c.
The Chief of Police is given an opportunity to be heard before
the Board of Aldermen, together with any witnesses, evidence and counsel
of his or her choosing; and
d.
The Board of Aldermen, by two-thirds (2/3) majority vote, finds
just cause for removing the Chief of Police.
2.
Upon the satisfaction of the removal procedure under Subsection (B)(1), the Chief of Police shall be immediately removed from his or her office, shall be relieved of all duties and responsibilities of said office, and shall be entitled to no further compensation or benefits not already earned, accrued, or agreed upon.
E.
Salary.
1.
The Chief of Police shall either be paid a salary or paid on
an hourly basis as determined by either resolution reflected in the
minutes of the Board of Aldermen or ordinance passed by the Board
of Aldermen of the City of Herculaneum.
2.
In the event the Board of Aldermen chooses to pay the Chief
of Police on a salary basis, then said Chief of Police shall not be
entitled to overtime, except as may be specifically required by State
or Federal law. In the event the Board of Aldermen chooses to pay
the Chief of Police on an hourly basis, then all provisions of the
Municipal Code of the City of Herculaneum, State Statute and Federal
law with respect to payment of overtime for said Chief of Police shall
apply.
[Ord. No. 43-2020, 12-7-2020]
A.
The
Fire Chief shall be a full-time position.
B.
The
Fire Chief shall have the following powers and duties:
1.
To perform a variety of technical, administrative, and supervisory
work in planning, organizing, directing, and implementing fire prevention,
suppression and organization during emergency incidents to prevent
or minimize the loss of life and property due to fire and other emergency
situations.
2.
To plan, direct, manage, and oversee the activities and operations
of the Fire Department. This includes fire suppression, emergency
medical services, hazardous materials response, marine rescue, technical
rescue, disaster preparedness, and related programs, services, and
operations; coordinates assigned activities with outside agencies;
serves as a Command Officer and responds to incidents.
3.
To supervise and coordinate assigned administrative activities within
the Fire Department including participation in various programs and
internal controls. Responsible for planning, organizing, and coordinating
projects and activities to ensure the efficient and effective provision
of life safety services to the community. Assists other supervisors/officers
as necessary to facilitate Department initiatives.
4.
To initiate the effective pursuance of funds for legitimate uses
within the Fire Department such as all applications for Federal grants
for firefighting purposes.
5.
To coordinate with other fire departments, keeping other agencies
informed and learning about developments outside the City that could
impact the City of Herculaneum.
6.
He/she shall be the Chief Administrator of the Fire Department and
shall promulgate, monitor, revise and enforce such regulations, operating
procedures, work schedules and other internal procedures within the
Fire Department to be fair and effective.
7.
He/she shall develop a departmental budget, including initiating
budget requests and recommendations to the Board of Aldermen regarding
the hiring of personnel for the Fire Department and for the purpose
of equipment for same.
8.
To cooperate with other City departments to address their respective
concerns and needs relative to firefighting.
9.
To serve as the connection between the Board of Aldermen and the
firefighters.
10.
To serve as a spokesperson for the Fire Department in representing
the Fire Department to the media.
11.
To work closely with the Mayor and the Chairman of the Emergency
Services Personnel Board.
12.
To represent the Fire Department in communication with the Board
of Aldermen and the Emergency Services Personnel Board.
13.
To seek out input from the citizens of the City by attending various
meetings and then communicating clearly and authoritatively with the
Firefighters in the Fire Department about said concerns about the
Fire Department.
14.
To be available to address various organizations in and around the
City.
15.
To communicate the direction and plans of the Fire Department by
establishing a departmental vision and how it will be pursued in consultation
with the Emergency Services Personnel Board.
16.
He/she shall have such other duties as may be required by him/her
by the Board of Aldermen, by ordinance or by State Law.
17.
He/she shall be in attendance at all scheduled meetings of the Board
of Aldermen and submit at this time a bimonthly report of the Fire
Department activities.
C.
Competencies.
In order to perform the duties set forth above, the Fire Chief needs
to possess following competencies:
1.
Professionalism. The ability to remain objective and focused on professional
standards while working in a political climate.
2.
Leadership. The ability to communicate with others in such a manner
that one (1) is able to persuade people individually or in a group
to take specific action.
3.
Dealing With People. Skill in perceiving and reacting to the needs
of others. This includes an awareness of one's impact on others.
4.
Delegation. The ability to use subordinates effectively and to understand
where a decision can best be made.
5.
Development Of Subordinates. The ability to maximize human potential
of the work force through training and development activities related
to current and future jobs.
6.
Judgment. The ability to develop alternative solutions to problems,
to evaluate courses of action and make logical decisions.
7.
Oral Communication Skills. The ability to communicate one's ideas
clearly, concisely and completely in everyday conversation.
8.
Oral Presentation Skills. The ability to communicate one's ideas
clearly, concisely and completely in a stand-up presentation.
9.
Planning And Organization Skills. The ability to use available resources,
including material, equipment and personnel, in an efficient manner
in order to achieve the objectives of the job of the Administrator
of Firefighters.
10.
Written Communication Skills. The ability to communicate one's ideas
clearly, concisely and completely in written form.
11.
Management Control. The skill in establishing procedures to monitor
(or regulate) processes, tasks or activities of subordinates, the
ability to evaluate the results of delegated assignments and projects.
D.
Removal
From Office. The Chief of the Fire Department may be removed from
office by the Mayor and the Board of Aldermen for good cause shown.
E.
Salary.
1.
The Fire Chief shall either be paid a salary or paid on an hourly
basis as determined by either resolution reflected in the minutes
of the Board of Aldermen or ordinance passed by the Board of Aldermen
of the City of Herculaneum.
2.
In the event the Board of Aldermen chooses to pay the Fire Chief
on a salary basis, then said Fire Chief shall not be entitled to overtime,
except as may be specifically required by State or Federal law. In
the event the Board of Aldermen chooses to pay the Fire Chief on an
hourly basis, then all provisions of the Municipal Code of the City
of Herculaneum, State Statute and Federal law with respect to payment
of overtime for said Fire Chief shall apply.
[Ord. No. 48 §1]
A.
Appointment And Duties. The Mayor shall appoint one (1)
or more emergency Police Officers, who shall hold their office until
May fifteenth (15th) of each year unless sooner removed. Such Police
Officers shall be subject to call at any time to aid in enforcing
the laws. Each such Police Officer during his/her term of office,
shall be a deputy City Policeman, and shall have power while on active
duty, to serve and execute all warrants, subpoenas, writs or other
process, and to make arrests in the same manner as a Policeman. All
such emergency Police Officers shall serve without pay.
B.
Oath. Before entering upon the discharge of their duties,
such Police Officers shall take and subscribe to the same oath as
is required by law as the other officers of the City, which oath shall
be filed with the City Clerk, who shall issue a badge and proper credentials
to such persons. The credentials shall bear the name and address of
such Police Officer and shall bear the date of his/her appointment
and the date of the expiration thereof, and shall be signed by the
Chief of Police.
[Ord. No. 43-2020, 12-7-2020]
A.
Duties.
A Volunteer Firefighter shall perform firefighting and emergency medical
services required to protect life and/or property from the dangers
of fire, medical emergency, hazardous materials, accidents, and natural
or man-made disasters, using a variety of firefighting, emergency
and medical procedures, techniques and equipment.
B.
Pay.
This is a volunteer position within the meaning of the Fair Labor
Standards Act of 1938, 29 U.S.C.A. §§ 201, et seq., (FLSA),
and the regulations of the U.S. Department of Labor Wage and Hour
Division, 29 C.F.R. § 553.100, et seq., interpreting and implementing
the FLSA. As such, individuals serving in this position do so for
civic, charitable and/or humanitarian reasons, without promise, expectation
or receipt of compensation for services rendered, as defined under
the FLSA and the related regulations.
C.
Appointment. The Fire Chief shall make recommendations to the Board of Aldermen for volunteer firefighters; however, the appointing authority shall remain in the Mayor with the consent of a majority of the elected members of the Board of Aldermen. Volunteer Firefighters are not subject to the Emergency Services Personnel Board as outlined in Article III of this Chapter.
[Ord. No. 385 §§1 —
6, 4-26-1989; Ord. No. 43-2020, 12-7-2020]
A.
Any
Police Officer of the City of Herculaneum who completed the basic
police training program as established by Chapter 590, RSMo., and
any Firefighter who completed basic fire training as established by
the City, shall have the authority to respond to an emergency situation
outside the boundaries of the City.
B.
Before
a Police Officer or Firefighter shall have the authority to respond
to an emergency situation outside the boundaries of Herculaneum, the
Governing Body of the political subdivision in which the emergency
situation is alleged to be occurring must authorize such action by
ordinance, order or other lawful ruling.
C.
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/her 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. As used in this Section, "response" shall mean to take any and all action which the Police Officer may
lawfully take as if exercising his/her powers within Herculaneum.
D.
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 fifteen (15) miles. The Chief of the Police Department
may in his/her discretion authorize additional response beyond this
area.
E.
Every
response to an emergency situation outside of the City shall be reported
by the Chief of Police or Fire Chief to the Mayor, with an explanation
for the reason for the response.
F.
As
used herein, the term "emergency situation" means:
1.
Any situation in which the Police officer has a reasonable belief
that a crime is about to be committed, is being committed, or has
been committed involving injury or threat of injury to any person,
property, or governmental interest and his/her response is reasonable
necessary to prevent or in such emergency situation or mitigate the
likelihood of injury involved in such emergency situation. The determination
of the existence of any emergency situation shall be in the discretion
of the Police Officer making the response or in the discretion of
a Peace Officer or governmental officer of the political subdivision
in which the emergency situation is alleged to be occurring.
2.
Any situation in which involves natural disasters, man-made disasters
or terrorism in which assistance is requested by Jefferson County
911. The requested apparatus that was dispatched shall respond immediately
with available personnel. At the judgment of the ranking officer a
different apparatus may respond to the alarm. It is recommended to
respond a Certified Driver/Operator, an officer, and a State Certified
Firefighter to automatic & mutual aid calls. Probationary &
Junior Firefighters should not be allowed to respond on the apparatus
unless approved by the ranking officer.
