[R.O. 1991 § 200.010; 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.
[R.O. 1991 § 200.020; 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 Police. It shall be the duty and responsibility
of the Chief of Police to supervise and control the operation of the
Police Department and all the personnel and officers herein. The Chief
of Police 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 Police 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 Police is to report to and
be responsible to the City Administrator.
C.
The City Administrator is hereby appointed
as Supervisor of the Chief of Police and granted the same powers,
rights and duties he/she has over other department heads of the City.
[R.O. 1991 § 200.030; Ord. No. 384 § 3, 4-20-1970; Ord.
No. 2253-04 § 1, 3-16-2004]
The Chief of Police 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 Police
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.
[R.O. 1991 § 200.040; 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/her 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
Police.
[R.O. 1991 § 200.050; 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.
Before
a Police Officer shall have the authority to respond to an emergency
situation outside the boundaries of the City, the authority shall
be first authorized by the City and by the governing body of the political
subdivision in which the emergency situation is alleged to be occurring
and by the Board of Police established by Section 84.020, RSMo., or
by the Board of Police Commissioners established by Section 84.350,
RSMo., if the officer derives his/her authority from either board
or if the emergency situation is alleged to be occurring within the
jurisdiction of either board.
C.
As
used in this Section, "emergency situation" means 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 such officer's response is reasonably necessary to prevent
or end 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 officer
making the response or in the discretion of an officer or governmental
officer of the political subdivision in which the emergency situation
is alleged to be occurring.
D.
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 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/she be authorized to use his/her 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.
E.
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/her discretion authorize additional response
beyond this area.
F.
Every response to an emergency situation
outside of the City shall be reported by the Chief of Police to the
Mayor with an explanation for the reason for the response.
[R.O. 1991 § 200.060; Ord. No. 971 § 1, 3-13-1985; Ord.
No. 2253-04 § 1, 3-16-2004]
That the Chief of Police 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/her.
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.
[R.O. 1991 § 200.070; Ord. No. 2921-15 § 1, 4-21-2015; Ord.
No. 3192-23, 5-16-2023]
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.
[R.O. 1991 § 200.080; Ord. No. 2921-15 § 1, 4-21-2015; Ord.
No. 3192-23, 5-16-2023]
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. For the
purposes of this Subsection, all employees at or above the rank of
Sergeant, shall be considered supervisory employees.
2.
Confidential and or Command Staff
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 other employees within the Police
Department. For the purposes of this Subsection, the Departmental
Administrative Assistant/Secretary shall be considered a confidential
employee, and all sworn officers at or above the rank of Captain shall
be considered Command Staff employees.
[R.O. 1991 § 200.090; Ord. No. 2921-15 § 1, 4-21-2015; Ord. No. 2935-15, 10-20-2015; Ord. No. 3192-23, 5-16-2023]
A.
Any labor organization wishing to represent
employees employed in the City's Police Department, shall present
to the Assistant City Administrator cards containing the signatures
of at least thirty percent (30%) of the employees in each appropriate
unit the labor organization seeks to represent, indicating that they
wish to select the labor organization in question as their exclusive
bargaining representative for the purpose of collective bargaining. For
purposes of this Subsection, the City finds that a bargaining unit
consisting of all sworn personnel below the rank of Sergeant is an
appropriate bargaining unit, as is a unit consisting of all Sergeants
within the department.
B.
Upon receiving such cards, the Assistant
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(s) have signed cards.
If the Assistant City Administrator determines that at least thirty
percent (30%) of the employees in the unit(s) have signed valid cards,
the Assistant City Administrator 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(s) to take place. The election(s) 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 Assistant City Administrator first receives the cards from the
labor organization's representative, unless the Assistant City Administrator,
the Chief of Police, and the representative of the labor organization
all agree upon an earlier date.
C.
Once an election date has been set, the
Assistant City Administrator 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.
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/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 Assistant City Administrator
shall determine are appropriate for ensuring the privacy and security
of each employee's vote. Once the poll is closed, the Assistant City
Administrator shall oversee the counting of the ballots. One representative
of the Police Department Command Staff and one (1) representative
of the labor organization shall have the right to be present during
the counting of the ballots.
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 Assistant City Administrator 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
Assistant City Administrator shall first validate the signatures on
the cards.
1.
If the Assistant City Administrator
confirms that at least thirty percent (30%) of the employees in the
bargaining unit have signed decertification cards, the Assistant City
Administrator 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 Assistant City Administrator 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 Assistant City Administrator 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.
[R.O. 1991 § 200.100; Ord. No. 2921-15 § 1, 4-21-2015; Ord.
No. 3192-23, 5-16-2023]
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.
During any year in which a collective bargaining
agreement is up for renegotiation, the City and the labor organization
shall make every effort to complete negotiations no later than July
31 in order to allow sufficient time for the Board of Aldermen to
consider any tentative agreement reached between the parties in conjunction
with the establishment of the City's next upcoming annual budget.
[R.O. 1991 § 200.110; Ord. No. 2921-15 § 1, 4-21-2015; Ord.
No. 3192-23, 5-16-2023]
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 or work stoppage 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.
[R.O. 1991 § 200.120; Ord. No. 2921-15 § 1, 4-21-2015; Ord.
No. 3192-23, 5-16-2023]
A.
In the event of a budget shortfall or other
financial emergency, the Board of Aldermen shall have the right to
require the modification of the economic terms of any labor agreement.
Every labor agreement shall include a clause allowing the City to
reopen wage and benefit provisions for renegotiation in the event
of such budget shortfall or other financial emergency.
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.
[R.O. 1991 § 200.130; Ord. No. 2921-15 § 1, 4-21-2015; Ord.
No. 3192-23, 5-16-2023]
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.
