[Code 1961 §8-1; CC 1976 §21-1; Ord. No. 912 §1, 5-24-1965]
There is hereby established and organized in the City a Police
Department which shall consist of the Chief of Police, and as many
Police Officers and as many probationary Police Officers as the Mayor
and City Council shall deem necessary; and also such special Police
Officers, reserve Police Officers, private watchmen, school patrolmen,
dispatchers, clerks and employees of the department as the Mayor and
City Council may, from time to time, determine to be necessary for
the efficient operation of the department. The terms "Police" or "Police Officers" as used in this Chapter shall
refer to members of the Police Department as specified in this Section,
except special Police Officers, private watchmen, school patrolmen
and any employee who is not a full-time, permanent, regular employee
of the Police Department.
[1]
Editor's Note — Ord. no. 2010-20 §1, adopted June
28, 2010, repealed section 200.020 "police advisory board" in its
entirety. Former section 200.020 derived from Code 1961 §8-2;
CC 1976 §21-2; ord. no. 824 §1, 4-22-63; ord. no. 1178 §1,
12-14-70; ord. no. 2180 §2, 5-13-85; ord. no. 95-48 §1,
6-29-95; ord. no. 98-35 §1, 7-14-98.
[Code 1961 §8-3; CC 1976 §21-4]
Before entering upon the duties of his/her office, the Chief
of Police shall give a surety company bond to the City in the sum
of fifty thousand dollars ($50,000.00), to be approved by the Mayor,
with conditions and subject to the provisions of this Code relating
to bonds of City officers.
[Code 1961 §8-3; CC 1976 §21-5]
The Chief of Police shall be in charge of and responsible for
the efficient organization and functioning of the Police Department
under the general supervision of the Mayor and the City Council.
[Code 1961 §8-10; CC 1976 §21-6]
The Chief of Police shall have custody of all of the books,
records, property, weapons, badges, furniture, vehicles, equipment,
supplies and merchandise of the Police Department and shall direct
and have the responsibility for the good conduct and proper and efficient
performance of their duties of the members and employees of the Police
Department. In such matters, he/she shall be subject to and have the
advice of the Mayor and the City Council. He/she shall perform such
specific duties as may be provided by the laws of the State of Missouri
and the provisions of this Code.
[Code 1961 §8-11; CC 1976 §21-7]
The Chief of Police may promulgate rules and regulations for
the Government of the Police Department and Police Officers, to be
subject to approval by resolution or ordinance of the City Council,
and may in like manner from time to time amend or repeal such rules
or adopt a new rule or rules and regulations.
[Code 1961 §8-16; CC 1976 §21-8]
The Chief of Police shall perform all duties prescribed in Chapters 105 and 130 of this Code relating to municipal elections and Municipal Court. He/she shall attend all regular meetings of the City Council, unless excused by the Chairman thereof, and such other meetings as requested by the Mayor or City Council.
[Code 1961 §8-6; CC 1976 §21-9; Ord. No. 748 §1, 9-11-1961; Ord.
No. 791 §1, 7-19-1962; Ord. No. 862 §1, 4-14-1964; Ord.
No. 993 §1, 2-14-1967; Ord. No. 1360 §1, 8-26-1974; Ord.
No. 96-13 §1, 1-9-1996; Ord. No. 96-70 §1, 8-13-1996; Ord.
No. 2013-27 §§1 — 3, 8-12-2013; Ord. No. 2018-22, 12-10-2018]
The regular Police Officers herein provided for shall include
a Chief of Police, two (2) Captains, three (3) Lieutenants, five (5)
Sergeants and five (5) Corporals of Police in the Police Department.
The appointment, removal, promotion or demotion of any Captain, Lieutenant,
Sergeant or Corporal of Police shall be made in the same manner as
herein provided generally for members of the Police Department. A
Captain shall outrank other members of the Department, except the
Chief of Police. A Lieutenant shall outrank other members of the Department,
except the Chief of Police, and Captains of Police. A Sergeant shall
outrank other members of the Department, except the Chief of Police,
Captains and Lieutenants of Police. A Corporal shall outrank other
members of the Department, except the Chief of Police, Captains, Lieutenants
and Sergeants of Police.
[Code 1961 §8-4; CC 1976 §21-10; Ord. No. 1211 §1, 9-13-1971; Ord.
No. 1984 §1, 6-27-1983; Ord. No. 2010-20 §2, 6-28-2010]
The members of the Police Department, as above designated, except
the Chief of Police, shall be appointed from time to time by the Mayor
with the consent and approval of a majority of the members of the
City Council. Each Police Officer shall, before entering upon his/her
duties, take the oath prescribed in this Code, and when said oath
has been filed with the City Clerk, the City Clerk shall deliver to
such Police Officer a commission in the name of, and signed by, the
Mayor and under the Seal of the City, authorizing and empowering him/her
to discharge the duties of a Police Officer during the will of the
Mayor and City Council. Such commission and oath shall be recorded
by the City Clerk. The commission shall be surrendered and returned
to the Chief of Police at such time as the tenure of office of such
Police Officer shall be terminated, together with any badge or other
property belonging to the City. Any person who shall violate any provisions
of this Section shall be deemed guilty of a misdemeanor.
[Ord. No. 99-19 §1, 3-23-1999]
Captains, Lieutenants, Sergeants, Corporals and Police Officers
are appointed to serve for terms of one (1) year. The Police Chief
will bring the names of all personnel in these classifications to
the Mayor and City Council at the first (1st) City Council meeting
in May. The Mayor and City Council have the right to re-appoint or
decline re-appointment at-will.
[Code 1961 §8-5; CC 1976 §21-11; Ord. No. 1211 §1, 9-13-1971; Ord.
No. 1984 §1, 6-27-1983; Ord. No. 2217 §1, 10-7-1985; Ord.
No. 2010-20 §3, 6-28-2010]
A.
A uniformed member of the Police Department is an appointed officer of the City who serves at the will of the Mayor and City Council. Any uniformed member of the Police Department may be removed from his/her appointed position at will by the Mayor with the consent of a majority of all the members elected to the City Council, or by a vote of two-thirds (⅔) of all the members elected to the City Council, independently of the Mayor's approval or recommendation, when it is determined by such vote that the removal of the Police Officer is in the best interests of the City. Such removal shall be in accordance with the procedures for removal of appointive officers set forth in Article II of Chapter 115 of this Code.
B.
Any
uniformed member of the Police Department may be promoted, demoted,
or transferred within the Department at will by the Mayor with the
consent of a majority of all the members elected to the City Council,
or by a vote of two-thirds (⅔) of all the members elected to
the City Council, independently of the Mayor's approval or recommendation,
when by such vote it is determined that such promotion, demotion or
transfer is in the best interests of the City.
C.
(Reserved)
D.
Nothing
in this Section is intended to abrogate the powers of the Mayor and
the City Council to terminate the appointment of a Police Officer
at will as granted to the Mayor and City Council by the Statutes of
the State of Missouri.
[Code 1961 §8-12; CC 1976 §21-12]
It shall be the duty of the members of the Police Department
to obey and be responsive to all rules and regulations adopted as
herein provided and all orders and directions of the Chief of Police
or of an officer of superior rank.
[Code 1961 §8-17; CC 1976 §21-13]
The Police shall perform such other duties as may be prescribed
by law or ordinance or as directed by the Mayor and City Council.
[Code 1961 §8-15; CC 1976 §21-14]
It is hereby expressly made the duty of all members of the Police
Department to acquaint themselves and to be familiar with the provisions
of this Code and amendments thereto. They shall be alert at all times
to detect obstructions in any street, sidewalk, tree, lawn or public
place, the maintenance of any nuisance as herein defined, the construction
or alteration of any building or other activity where a permit or
a license is required by this Code, traffic violations, the violation
of law relating to the sale of intoxicating liquor or non-intoxicating
beer, disturbance of the peace or disorderly conduct and the violation
of any other provision of this Code. They shall make arrests as hereinabove
provided, and shall report violations to the Chief of Police, who
shall, in proper cases, promptly report the same to the appropriate
department of the City Government for action.
A.
The
Chief of Police and all City Police Officers shall be conservators
of the peace, and shall be active and vigilant in the preservation
of good order within the City.
B.
The
Chief of Police shall, in the discharge of his/her duties, be subject
to the orders of the Mayor only; the Deputy Chief of Police and all
other members of the Police Department shall be subject to the orders
of their superiors in the Police Department and the Mayor only.
C.
Every
member of the Police Department shall have power at all times to make
or order an arrest with proper process for any offense against the
laws of the City or the State, and to keep the offender in the City
prison or other proper place to prevent his/her escape until a trial
can be had before the proper officer, unless such offender shall give
a good and sufficient bond for his/her appearance for trial, and shall
also have power to make arrests without process in all cases in which
any offense against the laws of the City or the State shall be committed
in his/her presence. Every member of the Police Department is also
empowered to serve and execute all warrants, subpoenas, writs or other
process issued by the Judge hearing and determining municipal ordinance
violation cases of the City at any place within the limits of the
County or Counties within which the City is located. Every member
of the Police Department shall have the power to make or order an
arrest in areas leased or owned by the City outside of the boundaries
of the City.
D.
It
shall be the duty of the Chief of Police or in his/her absence the
Deputy Chief of Police to collect all fines assessed for violations
of municipal ordinances if not otherwise collected and pay the same
into the City Treasury.
[1]
Editor's Note: Former Section 200.150, Disposal of Unclaimed
Property and Cash, as adopted and amended by Code 1961 §8-29;
CC 1976 §21-17, was repealed 4-22-2013 by Ord. No. 2013-18 §1.
[CC 1976 §21-17.1; Ord. No. 2319 §§1 — 7, 1-12-1987]
A.
Authorization — Mayor. The City of Overland does hereby
authorize the Mayor to obtain, take and receive all money and property
duly forfeited by Federal and State authorities pursuant to applicable
Federal or State law and procedures and which is transferred by such
authorities to the City of Overland, Missouri.
B.
Legal Proceedings — City's Rights. The Mayor is hereby
empowered to authorize the initiation of or participation in any legal
proceedings by the City necessary or appropriate to effectuate the
City's rights with respect to any forfeiture of any property.
C.
Authorization — Chief Of Police. The Chief of Police
or his/her authorized representative is hereby authorized and empowered
to receive any funds or property forfeited to or for the benefit of
the City and to take, manage and dispose of such money or property
as provided by law.
D.
Sale At Auction — Receipt. The Chief of Police or
his/her authorized representative is hereby authorized and empowered
to sell on behalf of the City any forfeited property which may be
received by the City pursuant to such forfeiture proceedings at public
auction advertised at least one (1) time in a newspaper of general
circulation in the City at least one (1) week prior to such auction.
The Chief of Police or his/her authorized representative shall obtain
from each person purchasing any item at such auction a receipt for
such item purchased, containing a description of the item or items,
the amount paid for each item and the name and address of the purchaser.
E.
Funds Received. The Chief of Police or his/her authorized
representative shall place all funds received by the City as forfeited
property or from the sale of forfeited property in appropriate accounts
of the City.
F.
Special Purpose Property Or Funds. All forfeited funds or
funds from forfeited property received by the City shall be paid into
the general revenues of the City unless the applicable law relating
to such forfeited funds or property requires the use thereof for a
specific purpose. Any forfeited funds, property or proceeds thereof
required by law to be used for a specified purpose are herein called "special purpose property or funds". The City shall use
special purpose property or funds only for the purposes specified
in the applicable law authorizing the City to receive such forfeited
funds or property.
G.
Obtaining Forfeited Funds And Property. The Chief of Police
or his/her authorized representative and all other appropriate officers
of the City are authorized and empowered to sign any applications,
documents or other papers and to do any and all things necessary or
appropriate to obtain any forfeited funds or property on behalf of
the City.
[1]
Editor's Note — Ord. no. 99-100 §1, adopted December
14, 1999, repealed section 200.170 regarding school patrolmen. Former
said section derived from Code 1961 §8-9 and CC 1976 §21-18.
We have left this section reserved for the city's future use.
[Ord. No. 96-59 §1, 7-10-1996; Ord. No. 96-88 §§1 —
2, 10-29-1996; Ord. No. 2001-29 §1, 5-15-2001]
A.
Subject
to the limitations of the following Subsections, all Police Officers
of the City shall be prohibited from campaigning for or against the
candidacy of any individual for nomination or election to any public
office of the City.
1.
This Section shall not limit the constitutional freedom of any individual
to exercise his/her right as a citizen to express his/her opinion
and to cast his/her vote.
2.
This Section shall not prevent any individual from participating
in political affairs at levels of government other than the City of
Overland, provided that such participation does not adversely affect
his/her performance as a Police Officer of the City.
3.
This Section shall not prevent any Police Officer himself/herself
from being a candidate and campaigning for the elected position of
Marshall/Collector of the City of Overland, so long as that position
is an elected position of the City of Overland.
B.
For
the purposes of this Section, Police Officer is defined as in this
Chapter and the Statutes of the State of Missouri.
C.
The
term "campaign" as it is used in this Section includes:
Canvassing, leafleting, allowing one's name to appear on any campaign
literature or advertising, telephone solicitation, picketing, and
providing labor or services to any political candidate or his/her
organization or any political organization formed to advocate or oppose
any ballot issue.
D.
Violation
of this Section shall subject any Police Officer of the City to termination
of employment.
