Missouri Statute | Act | Code |Cities, Towns And Villages| US Code - US Statute | Chapter 84 Police Departments In St. Louis And Kansas City

In all cities of this state that now have, or may hereafter
attain, a population of seven hundred thousand inhabitants or over, the
common council or municipal assembly, as the case may be, of such cities
may pass ordinances for preserving order, securing property and persons
from violence, danger or destruction, protecting public and private
property, and for promoting the interests and insuring the good
government of the cities; but no ordinances heretofore passed, or that
may hereafter be passed, by the common council or municipal assembly of
the cities, shall, in any manner, conflict or interfere with the powers
or the exercise of the powers of the boards of police commissioners of
the cities as created by section 84.020, nor shall the cities or any
officer or agent of the corporation of the cities, or the mayor thereof,
in any manner impede, obstruct, hinder or interfere with the boards of
police or any officer, or agent or servant thereof or thereunder, except
that in any case of emergency imminently imperiling the lives, health or
safety of the inhabitants of the city, the mayor may call upon and direct
the chief of police of the city to provide such number of officers and
patrolmen to meet the emergency as the mayor determines to be necessary
and the chief of police shall continue to act under the direction of the
mayor until the emergency has ceased, or until the board of police
commissioners takes charge of such matter. (RSMo 1939 § 7688, A.L. 1958
2d Ex. Sess. p. 152)

Prior revisions: 1929 § 7540; 1919 § 8950; 1909 § 9802

(1962) Ordinance of the City of St. Louis which required any real estate
agent when placing a "For sale" sign on any real estate to indicate on
the sign the zoning area in which the property was located held valid.
City of St. Louis v. Green (Mo.), 353 S.W.2d 606.

(1990) Where statute sets forth the division of authority between the
city and the board of police commissioners and neither the city nor its
agents possess the authority to make official policy concerning the
actions of the board of police commissioners or individual police
officer, the city cannot be liable for deprivation of civil rights under
42 U.S.C. 1983 for approving or condoning actions of police officers who
allegedly beat the plaintiff. Crigler v. City of St. Louis, Mo., 767
F.Supp. 197 (E.D. Mo.).

Venue for any civil action involving the board of police
commissioners, established pursuant to section 84.020, shall be
appropriate in the twenty-second judicial circuit. (L. 1996 S.B. 869 §
C-5)

In all cities of this state that now have, or may hereafter
attain, a population of five hundred thousand inhabitants or over, there
shall be, and is hereby established, within and for said cities, a board
of police, to consist of four commissioners, as provided in sections
84.040 to 84.080, together with the mayor of said cities for the time
being, or whosoever may be officially acting in that capacity, and said
board shall appoint one of its members as president, and one member who
shall act as vice president during the absence of the president; and such
president or vice president shall be the executive officer of the board
and shall act for it when the board is not in session. (RSMo 1939 § 7689)

Prior revisions: 1929 § 7541; 1919 § 8951; 1909 § 9803

Beginning on January 9, 1989, the governor of the state of
Missouri, by and with the advice and consent of the senate, shall appoint
the four commissioners provided for in section 84.020, and one
commissioner shall be appointed for a term of one year; one commissioner
shall be appointed for a term of two years; one commissioner shall be
appointed for a term of three years; one commissioner shall be appointed
for a term of four years. Their successors shall each be appointed for a
term of four years, and said commissioners shall hold office for their
term of appointment and until their successors shall have been appointed
and qualified. In case of a vacancy in said board for any cause
whatsoever, it shall be filled by appointment for the unexpired term, in
the same manner as in the case of original appointments. The governor
shall issue commissions to the persons so appointed, designating the time
for which they are appointed in case the appointment is to fill an
unexpired term occasioned by death, resignation or any other cause, and
whenever the term of office of any commissioner expires, the appointment
of his successor shall be for four years. The commissioners now holding
offices under existing laws in any city of this state to which sections
84.010 to 84.340 apply are to hold their offices until the expiration of
their terms, and their successors are duly appointed and qualified. (RSMo
1939 § 7690, A.L. 1987 H.B. 661)

Prior revisions: 1929 § 7542; 1919 § 8952; 1909 § 9804

(1993) Where state has legally retained control over St. Louis City
police force, federal court is not proper forum to challenge appointive
system for St. Louis City Board of Police Commissioners. African-American
Citizens for Change v. Robbins, 825 F.Supp. 885 (E.D. Mo.).

The said commissioners shall be citizens of the state of
Missouri, and shall have been residents of the cities for a period of
four years next preceding their appointment; they shall, except as
specified in sections 84.030 and 84.080, hold their offices for four
years, and until their respective successors shall have been appointed
and qualified, and receive each a salary of one thousand dollars per
annum, payable monthly; before entering upon the duties of their said
offices, the said commissioners and the said mayor shall take and
subscribe before a circuit or associate circuit judge of the circuit
court of judicial circuit in which said cities shall be located, or the
clerk thereof, the oath or affirmation prescribed by the Constitution of
the state of Missouri, and shall also take and subscribe before the same
judge or clerk the further oath or affidavit that in any and every
appointment or removal to be made by them to or from the police force
created and to be organized by them under sections 84.010 to 84.340, they
will in no case and under no pretext appoint or remove any policeman or
officer of police, or other person under them, on account of the
political opinions of such police officer or other person, or for any
other cause or reason than the fitness or unfitness of such a person, in
the best judgment of such commissioners, for the place for which he shall
be appointed, or from the place from which he shall be removed. The said
oaths or affirmations shall be recorded and preserved among the records
of the said circuit court. (RSMo 1939 § 7689, A.L. 1978 H.B. 1634, A.L.
1987 H.B. 661)

Prior revisions: 1929 § 7541; 1919 § 8951; 1909 § 9803

One of their number shall, from time to time, be appointed by the
said commissioners treasurer of said board of police; and his
appointment, when made, shall be certified to by the clerk of the circuit
court of the judicial circuit in which said cities shall be located,
under the seal of said court. Said treasurer shall hold his office for
such time as may be designated by the commissioners, who may remove him
at pleasure. Before he enters upon the duties of his office as treasurer,
he shall give bond to the state of Missouri, with one or more sureties,
in the penalty of ten thousand dollars, conditioned for the faithful
discharge of his duties as treasurer of the board of police, and for the
faithful application and payment over, pursuant to the order and
direction of said board, of all moneys which may come to his hands as
such treasurer. The bond of the treasurer shall be approved by a circuit
judge of the judicial circuit in which said cities shall be located and
shall be delivered to and safely kept by the treasurer of said cities.
(RSMo 1939 § 7689, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 7541; 1919 § 8951; 1909 § 9803

Effective 1-2-79

1. The board shall appoint a secretary to act as such for the
board of police commissioners, to be appointed in the same manner as
other officers, and such appointment shall be additional to the number of
appointments herein provided. The secretary shall serve at the pleasure
of the board.

2. The salary of the secretary of the board shall be determined and fixed
by the board of police commissioners, and no other provisions of this
chapter shall apply in the determination of the amount of the salary of
the secretary.

3. Every person appointed to serve as secretary shall be a resident of
the city. (RSMo 1939 § 7689, A.L. 1981 H.B. 419, A.L. 1983 H.B. 303, et
al.)

Prior revisions: 1929 § 7541; 1919 § 8951; 1909 § 9803

Effective 7-17-83

A majority of the boards of police shall constitute a quorum; and
the failure or refusal of the mayor or acting mayor of said cities to
qualify or act hereunder shall in no wise impair the right or duty of
said commissioners to organize and proceed as herein provided in sections
84.010 to 84.340. In case a vacancy shall occur on said board, the same
shall be filled by the governor of the state of Missouri forthwith, after
having been notified that such vacancy exists. (RSMo 1939 § 7689)

Prior revisions: 1929 § 7541; 1919 § 8951; 1909 § 9803

Any one of said commissioners, who, during his term of office,
shall accept any other place of public trust or emolument, or who, during
the same period, shall knowingly receive any nomination for an office
elective by the people, without publicly declining same within twenty
days succeeding such nomination, or shall become a candidate for the
nomination for any office at the hands of any political party, shall be
deemed to thereby forfeit or vacate his office. Any of said commissioners
may be removed by the governor of the state of Missouri upon his being
fully satisfied that the commissioner is guilty of any official
misconduct. (RSMo 1939 § 7689)

Prior revisions: 1929 § 7541; 1919 § 8951; 1909 § 9803

The duties of the boards of police hereby created shall be as
follows: They shall, at all times of the day and night, within the
boundaries of said cities, as well on water as on land,

(1) Preserve the public peace, prevent crime and arrest offenders;

(2) Protect the rights of persons and property;

(3) Guard the public health;

(4) Preserve order at every public election, and at all public meetings
and places, and on all public occasions;

(5) Prevent and remove nuisances on all streets, highways, waters and
other places;

(6) Provide a proper police force at every fire for the protection of
firemen and property;

(7) Protect emigrants and travelers at steamboat landings and railway
stations;

(8) See that all laws relating to elections and to the observance of
Sunday, and regulating pawnbrokers, gamblers, intemperance, lotteries and
lottery policies, vagrants, disorderly persons, and the public health are
enforced;

(9) They shall also enforce all laws and all ordinances passed or which
may hereafter be passed by the common council or municipal assembly of
said cities, not inconsistent with the provisions of sections 84.010 to
84.340, or any other law of the state, which may be properly enforceable
by a police force;

(10) In case they shall have any reason to believe that any person within
said cities intends to commit any breaches of the peace, or violation of
the law or order beyond the city limits, any person charged with the
commission of crime in said cities and against whom criminal process
shall have issued, may be arrested upon the same in any part of this
state by the police force created or authorized by sections 84.010 to
84.340; provided, however, that before the person so arrested shall be
removed from the county in which such arrest is made he shall be taken
before some judge, to whom the papers authorizing such arrest shall be
submitted; and the person so arrested shall not be removed from said
county, but shall forthwith be discharged, unless such judge shall
endorse and approve said papers;

(11) The said police commissioners, or either of them, shall have the
power to administer oaths or affirmations in the premises, to any person
appearing or called before them;

(12) They shall also have the power to summon and compel the attendance
of witnesses before them, whenever it may be necessary for the more
effectual discharge of their duties. (RSMo 1939 § 7691, A.L. 1978 H.B.
1634)

Prior revisions: 1929 § 7543; 1919 § 8953; 1909 § 9805

Effective 1-2-79

All causes of action against the members of the St. Louis board
of police commissioners in their official capacity shall be commenced in
the circuit court of the city of St. Louis. (L. 1997 H.B. 69 & 179 & H.B.
669 § 1)

To enable the boards to perform the duties imposed upon them,
they are hereby authorized and required to appoint, enroll and employ a
permanent police force for the cities which they shall equip and arm as
they may judge necessary. Except as provided below, the number of
patrolmen to be appointed shall not be more than one thousand six hundred
eighty-three of which number not more than two hundred fifty are to be
probationary patrolmen. Any increase in the number of patrolmen
authorized, in addition to that provided for above, shall be permitted
upon recommendation by the board of police commissioners, with the
approval of the municipal board of estimate and apportionment. The number
of turnkeys to be appointed shall be sixty-five, except that for each
patrolman hereafter promoted, demoted, removed, resigned or otherwise
separated from the force, an additional turnkey may be appointed, but
under no circumstances shall more than one hundred fifty turnkeys be
appointed. As each additional turnkey is appointed, the maximum number of
patrolmen to be appointed shall be reduced accordingly so that when one
hundred fifty turnkeys have been appointed, the number of patrolmen to be
appointed shall not be more than one thousand five hundred ninety-eight.
(RSMo 1939 § 7692, A.L. 1943 p. 703, A.L. 1945 p. 1257, A. 1949 H.B.
2033, A.L. 1955 p. 309, A.L. 1957 p. 251, A.L. 1961 p. 206, A.L. 1972
H.B. 1144, A.L. 1977 S.B. 255, A.L. 1990 H.B. 1238)

Prior revisions: 1929 § 7544; 1919 § 8954; 1909 § 9806

Effective 5-25-90

Eight hours shall constitute the time of regular service for the
members of the police force for such cities during any one day of
twenty-four hours; but nothing herein shall be so construed as to prevent
the boards of police commissioners in such cities from suspending the
operation of such rule fixing the time of regular daily service of such
police officers in case of existing emergencies, and said boards shall
have full power to determine the existence and duration of such
emergencies, and their finding in respect thereto shall not be subject to
review by any other power. (RSMo 1939 § 7692, A.L. 1943 p. 703, A.L. 1945
p. 1257, A. 1949 H.B. 2033, A.L. 1957 p. 255)

Prior revisions: 1929 § 7544; 1919 § 8954; 1909 § 9806

No person shall be appointed or employed as policeman, turnkey,
or officer of police who shall have been convicted of, or against whom
any indictment may be pending, for any offense, the punishment of which
may be confinement in the penitentiary; nor shall any person be so
appointed who is not of good character, or who is not a citizen of the
United States, or who is not able to read and write the English language,
or who does not possess ordinary physical strength and courage. The
patrolmen and turnkeys hereafter appointed shall serve while they shall
faithfully perform their duties and possess mental and physical ability
and be subject to removal only for cause after a hearing by the boards,
who are hereby invested with the exclusive jurisdiction in the premises.
(RSMo 1939 § 7692, A.L. 1943 p. 703, A.L. 1945 p. 1257, A. 1949 H.B. 2033)

Prior revisions: 1929 § 7544; 1919 § 8954; 1909 § 9806

The boards may reappoint all members of the police force who have
heretofore, or shall hereafter, resign to enter the military service of
the United States during any war in which the United States is engaged,
without loss of rank, and with the same effect as if an indefinite leave
of absence had been granted such members, upon condition that an
application for such reappointment shall be made within ninety days after
the applicant's discharge from military service and that the applicant is
mentally and physically qualified for police duty. The boards may make
such reappointments notwithstanding that it may cause the number of
policemen employed to temporarily exceed the number herein authorized.
All necessary reductions in rank shall be made to enable the boards to
reappoint officers above the rank of patrolmen as aforesaid to the end
that the number of such officers shall not exceed that provided for in
section 84.150. (L. 1943 p. 703 § 7692, A.L. 1945 p. 1257, A. 1949 H.B.
2033, A.L. 1972 H.B. 1144)

The boards shall grant every member of the police force who has
served for one year or more a total of three weeks vacation each year
with pay, and each member of the police force who has served the
department for twelve years or more shall receive four weeks vacation
each year with pay, and each member of the police force who has served
the department for twenty-one years or more shall receive five weeks
vacation each year with pay, and each member of the police force who has
served the department for thirty years or more and is eligible to
participate in the deferred retirement option plan shall receive six
weeks vacation each year with pay; however the board may grant an
additional week of paid vacation to members after one year of service.
All members of the police force shall receive fifteen holidays with pay,
however the board may grant additional holidays with pay, and one hundred
four days off duty each year with pay, and the boards may from time to
time grant additional days off duty each year with pay when in the
judgment of the boards, the granting thereof will not materially impair
the efficiency of the department. (L. 1943 p. 703 § 7692a, A.L. 1945 p.
1257, A.L. 1947 V. II p. 304, A.L. 1949 p. 372, A.L. 1957 p. 254, A.L.
1972 H.B. 1144, A.L. 1977 S.B. 255, A.L. 1978 S.B. 508, A.L. 1986 S.B.
631, A.L. 2002 H.B. 1773, A.L. 2003 S.B. 248, et al. merged with S.B. 513)

The officers of the police force in each such city shall be as
follows: One chief of police with the rank of colonel; one assistant
chief of police with the rank of lieutenant colonel; one chief of
detectives with the rank of lieutenant colonel; one inspector of police
with the rank of lieutenant colonel; and two other lieutenant colonels,
making a total of five lieutenant colonels, except that upon reaching two
thousand eighty-seven patrolmen pursuant to the provisions of section
84.100 an additional lieutenant colonel shall be appointed, making a
total of six lieutenant colonels; one assistant chief of detectives with
the rank of major and five other majors, except that upon reaching two
thousand eighty-seven patrolmen pursuant to the provisions of section
84.100 an additional major shall be appointed, making a total of seven
majors; twenty-two captains, except that upon reaching two thousand
eighty-seven patrolmen pursuant to the provisions of section 84.100 an
additional two captains shall be appointed, making a total of twenty-four
captains; sixty-seven lieutenants, except that for each thirty-eight
additional patrolmen appointed pursuant to the provisions of section
84.100 an additional lieutenant shall be appointed; two hundred sixty
sergeants, except that for each nine additional patrolmen appointed
pursuant to the provisions of section 84.100 an additional sergeant shall
be appointed. No further appointments to the rank of corporal shall
hereafter be made, but all members of the force now holding the rank of
corporal shall continue in such rank until their promotion, demotion,
removal, resignation or other separation from the force. The officers of
the police force shall have commissions issued to them by the boards of
police commissioners, and those heretofore and those hereafter
commissioned shall serve so long as they shall faithfully perform their
duties and possess the necessary mental and physical ability, and be
subject to removal only for cause after a hearing by the board, who are
hereby invested with exclusive jurisdiction in the premises. Any increase
in the number of officers to be appointed, in addition to that provided
for above, shall be permitted upon recommendation by the board of police
commissioners with the approval of the municipal board of estimate and
apportionment. (RSMo 1939 § 7693, A.L. 1941 p. 462, A.L. 1945 p. 1257,
A.L. 1947 V. II p. 304, A.L. 1957 p. 251, A.L. 1961 p. 206, A.L. 1972
H.B. 1144, A.L. 1977 S.B. 255, A.L. 1978 S.B. 508, A.L. 1993 S.B. 250)

Prior revisions: 1929 § 7545; 1919 § 8955; 1909 § 9807

1. Based upon rank and length of service, the board of police
commissioners may authorize maximum amounts of compensation for members
of the police force in accordance with the following tables. The amounts
of compensation set out in the following tables shall be the maximum
amount of compensation payable to commissioned employees in each of the
categories, except as expressly provided in this section.

2. From July 1, 2005, until June 30, 2006: SALARY MATRIX-POLICE OFFICER
THROUGH CHIEF OF POLICE-FISCAL YEAR

Asst.

P.O. Sgt. Lieut. Capt. Maj. Lt. Col. Chief Chief Yrs. Salary Salary
Salary Salary Salary Salary Salary Salary

0 34331 1 35532 2 36643 3 38706 4 39727 5 41053 49445 6 42379 49591 7
44923 52550 57626 8 46748 54679 59955 9 48638 56878 62361 67793 10 48807
57045 62528 67961 11 49335 57213 62694 68129 74370 12 49511 57379 62863
68296 74538 76479 80388 95054 13 49677 57547 63030 68464 74703 79023
82932 95387 14 49843 57715 63197 68630 74871 79189 83099 95721 15 50012
57881 63364 68797 75038 79358 83268 96055 16 50178 58048 63530 68964
75206 79524 83433 96390 17 50347 58216 63699 69132 75374 79693 83602
96724 18 50513 58383 63866 69369 75539 79858 83768 97057 19 50679 58550
64034 69466 75707 80025 83934 97393 20 50847 58717 64200 69633 75875
80193 84104 97728 21 51014 58883 64367 69800 76042 80360 84269 98061 22
51181 59052 64535 69967 76208 80529 84437 98395 23 51349 59219 64702
70135 76375 80694 84604 98730 24 51515 59385 64870 70302 76542 80864
84771 99062 25 51683 59553 65036 70470 76711 81029 84940 99398 26 51850
59719 65203 70637 76878 81196 85105 99733 27 52019 59888 65371 70803
77044 81365 85273 100068 28 52185 60055 65538 70971 77210 81530 85438
100402 29 52351 60221 65703 71138 77379 81699 85607 100734 30 52518 60389
65872 71303 77546 81864 85776 101070

3. Each of the above-mentioned salaries shall be payable in biweekly
installments. The above-mentioned salaries assume twenty-six biweekly
installments falling within the effective dates of the salary matrix. If
twenty-seven biweekly installments fall within the effective dates of the
salary matrix it is assumed that the salaries within the matrix will be
adjusted upward accordingly to reflect the effect of an extra pay period
falling within the effective dates of the salary matrix. Any increase in
salaries within the matrix due to twenty-seven biweekly installments
falling within the effective dates of the matrix will not continue into a
period in which only twenty-six biweekly installments are paid. Each
officer of police and patrolman whose regular assignment requires
nonuniformed attire may receive, in addition to his or her salary, an
allowance not to exceed three hundred sixty dollars per annum payable
biweekly. No additional compensation or compensatory time off for
overtime, court time, or standby court time shall be paid or allowed to
any officer of the rank of sergeant or above. Notwithstanding any other
provision of law to the contrary, nothing in this section shall prohibit
the payment of additional compensation pursuant to this subsection to
officers of the ranks of sergeants and above, provided that funding for
such compensation shall not:

(1) Be paid from the general funds of either the city or the board of
police commissioners of the city; or

(2) Be violative of any federal law or other state law.

4. It is the duty of the municipal assembly or common council of the
cities to make the necessary appropriation for the expenses of the
maintenance of the police force in the manner herein and hereafter
provided; provided, that in no event shall such municipal assembly or
common council be required to appropriate for such purposes (including,
but not limited to, costs of funding pensions or retirement plans) for
any fiscal year a sum in excess of any limitation imposed by article X,
section 21, Missouri Constitution; and provided further, that such
municipal assembly or common council may appropriate a sum in excess of
such limitation for any fiscal year by an appropriations ordinance
enacted in conformity with the provisions of the charter of such cities.

5. The board of police commissioners shall pay additional compensation
for all hours of service rendered by probationary patrolmen and patrolmen
in excess of the established regular working period, and the rate of
compensation shall be one and one-half times the regular hourly rate of
pay to which each member shall normally be entitled; except that, the
court time and court standby time shall be paid at the regular hourly
rate of pay to which each member shall normally be entitled. No credit
shall be given or deductions made from payments for overtime for the
purpose of retirement benefits.

6. Probationary patrolmen and patrolmen shall receive additional
compensation for authorized overtime, court time and court standby time
whenever the total accumulated time exceeds forty hours. The accumulated
forty hours shall be taken as compensatory time off at the officer's
discretion with the approval of his supervisor.

7. The allowance of compensation or compensatory time off for court
standby time shall be computed at the rate of one-third of one hour for
each hour spent on court standby time.

8. The board of police commissioners may effect programs to provide
additional compensation to its employees for successful completion of
academic work at an accredited college or university, in amounts not to
exceed ten percent of their yearly salaries or for field training officer
and lead officer responsibilities in amounts not to exceed three percent
of their yearly salaries for field training officer responsibilities and
an additional three percent of their yearly salaries for lead officer
responsibilities. The board may designate up to one hundred fifty
employees as field training officers and up to fifty employees as lead
officers.

9. The board of police commissioners:

(1) Shall provide or contract for life insurance coverage and for
insurance benefits providing health, medical and disability coverage for
officers and employees of the department;

(2) Shall provide or contract for insurance coverage providing salary
continuation coverage for officers and employees of the police department;

(3) Shall provide health, medical, and life insurance coverage for
retired officers and employees of the police department. Health, medical
and life insurance coverage shall be made available for purchase to the
spouses or dependents of deceased retired officers and employees of the
police department who receive pension benefits pursuant to sections
86.200 to 86.364, RSMo, at the rate that such dependent's or spouse's
coverage would cost under the appropriate plan if the deceased were
living;

(4) May pay an additional shift differential compensation to members of
the police force for evening and night tour of duty in an amount not to
exceed ten percent of the officer's base hourly rate.

10. The board of police commissioners shall pay additional compensation
to members of the police force up to and including the rank of police
officer for any full hour worked between the hours of 11:00 p.m. and 7:00
a.m., in amounts equal to five percent of the officer's base hourly pay.

11. The board of police commissioners, from time to time and in its
discretion, may pay additional compensation to police officers, sergeants
and lieutenants by paying commissioned officers in the aforesaid ranks
for accumulated, unused vacation time. Any such payments shall be made in
increments of not less than forty hours, and at rates equivalent to the
base straight-time rates being earned by said officers at the time of
payment; except that, no such officer shall be required to accept payment
for accumulated unused vacation time. (RSMo 1939 § 7694, A.L. 1944 p. 43,
A.L. 1945 p. 1257, A.L. 1947 V. II p. 304, A.L. 1949 p. 372, A.L. 1951 p.
323, A.L. 1955 p. 277, A.L. 1957 p. 252, A.L. 1961 p. 203, A.L. 1965 p.
197, A.L. 1967 p. 161, A.L. 1969 p. 148, A.L. 1972 H.B. 1144, A.L. 1973
S.B. 164, A.L. 1974 S.B. 475, A.L. 1975 S.B. 349, A.L. 1977 S.B. 255,
A.L. 1978 S.B. 508, A.L. 1979 S.B. 443, A.L. 1983 H.B. 303, et al., A.L.
1986 S.B. 631, A.L. 1986 S.B. 443, A.L. 1988 S.B. 698, A.L. 1990 S.B.
593, A.L. 1993 S.B. 250 subsecs. 1 to 12, A.L. 1995 S.B. 167, A.L. 1998
H.B. 1609, A.L. 2000 H.B. 1808, A.L. 2002 H.B. 1773 merged with S.B. 967,
A.L. 2005 H.B. 448)

Effective 5-13-05

(1980) By imposing restrictions on police officers' meal periods, the
board of police commissioners authorized the meal period as overtime, if
such period was the cause of more than 40 hours of work per week. Brooks
v. Whaley (A.) 613 S.W.2d 656.

1. When any vacancy shall take place in any grade of officers, it
shall be filled from the next lowest grade; provided, however, that
probationary patrolmen shall serve at least six months as such before
being promoted to the rank of patrolman; patrolmen shall serve at least
three years as such before being promoted to the rank of sergeant;
sergeants shall serve at least one year as such before being promoted to
the rank of lieutenant; lieutenants shall serve at least one year as such
before being promoted to the rank of captain; and in no case shall the
chief or assistant chief be selected from men not members of the force or
below the grade of captain. Patrolmen shall serve at least three years as
such before promotion to the rank of detective; the inspector shall be
taken from men in the rank not below the grade of lieutenant.

2. The boards of police are hereby authorized to make all such rules and
regulations, not inconsistent with sections 84.010 to 84.340, or other
laws of the state, as they may judge necessary, for the appointment,
employment, uniforming, discipline, trial and government of the police.
The said boards shall also have power to require of any officer or
policeman bond with sureties when they may consider it demanded by the
public interests. All lawful rules and regulations of the board shall be
obeyed by the police force on pain of dismissal or such lighter
punishment, either by suspension, fine, reduction or forfeiture of pay,
or otherwise as the boards may adjudge. (RSMo 1939 § 7695)

Prior revisions: 1929 § 7547; 1919 § 8957; 1909 § 9809

(1962) Police board's forfeiting of lieutenant's pay was contested case
within meaning of section 536.010 but suspended police lieutenant by
returning to work had settled all matters by agreement and was not
entitled to hearing and review of board's action. Davis v. Long (A.), 360
S.W.2d 307.

1. Upon recommendation of the chief of police, the board may
authorize and provide for the organization of a police reserve force
composed of residents of the city who qualify under the provisions of
section 84.120. Such reserve force shall be under the command of the
chief of police and shall be provided training, equipment, uniforms, and
arms as the chief shall direct with the approval of the board; and when
assigned to active duty the members of the reserve force shall possess
all of the powers of regular police officers and shall be subject to all
laws and regulations applicable to police officers; provided, however,
that the city council or other governing body of any such city may in its
discretion fix a total in number which the reserve force may not exceed.

2. In event of riot or other emergencies as declared and defined by the
mayor, in concurrence with the board, the board, upon recommendation of
the chief, may appoint special officers or patrolmen for temporary
service in addition to the police reserve force herein provided for, but
the length of time for which such officers or patrolmen shall be employed
shall be limited to the time during which such emergency shall exist. (L.
1972 H.B. 1144)

No officer of police or policeman shall be allowed to receive any
money or gratuity or compensation for any service he may render without
the consent of the said boards; and all such moneys as any policeman or
police officer may be so permitted to receive shall be paid over to the
boards, and together with all the proceeds of all fines, forfeitures and
unreclaimed property which may come to the possession of said boards, or
to be recovered by them under the provisions of sections 84.010 to
84.340, or any other law or ordinance, shall be disposed of in accordance
with rules adopted by the said boards, subject to the provisions of the
laws of this state controlling and directing the dispensation of such
funds. (RSMo 1939 § 7696)

Prior revisions: 1929 § 7548; 1919 § 8958; 1909 § 9810

1. The boards of police commissioners are hereby authorized to
provide themselves with such office and office furniture, and such clerks
and subordinates as they shall need; and to have and use a common seal.
They may divide such cities into not more than twelve nor less than nine
police districts, and provide in each of them, if necessary, a station
house or houses, with all things and equipments required for the same,
and all such other accommodations as may be required for the use of the
police.

2. The boards, for all the purposes of sections 84.010 to 84.340, shall
have the use of the fire alarm telegraph of such cities for police
purposes, and all station houses, watch boxes, firearms, equipments,
accoutrements and other accommodations and things provided by such
cities, for the use and service of the police, as fully and to the same
extent as the same are now used by or for any present police, or as fully
and to the same extent as the same may be used by any police force in any
of the cities to which sections 84.010 to 84.340 may hereafter apply; and
the mayor and common council or municipal assembly, and all persons and
municipal officers in charge thereof, are hereby ordered and required to
allow such use accordingly. In case the mayor and common council or
municipal assembly of any of such cities, or its officers or agents,
refuse or neglect to allow such use, as and whenever the same shall be
required by the boards created by sections 84.010 to 84.340, or refuse to
set aside and appropriate the revenue necessary to carry out the
provisions of sections 84.010 to 84.340, or place obstructions or
hindrances in the way of the proper discharge of the powers of such
boards, the boards may apply to the circuit courts of the judicial
circuit in which such cities may be located, in the name of the state,
for a mandamus to compel a compliance with the provisions of this
section, and the application thereof shall be heard and decided by the
court. One week's notice of the application shall be given, and the
respondent or respondents shall have the right to answer within the week;
and if testimony be needed on either side, the same shall be taken within
ten days after the same is filed, or the week shall be expired. From the
decision in the circuit court in the premises either party may appeal
within ten days; and it shall be the duty of the clerk of such courts to
send up the record immediately, and the appeal shall be heard immediately
by the supreme court, if then in session, and if not in session, at the
next term. In both courts the case shall be taken up and tried in
preference to all others. (RSMo 1939 § 7697, A.L. 1961 p. 204)

Prior revisions: 1929 § 7549; 1919 § 8959; 1909 § 9811

It shall be the duty of the sheriff of the county or city in
which any of the cities to which sections 84.010 to 84.340 may apply
shall be located, whenever called on for that purpose by said boards, to
act under their control for the preservation of the public peace and
quiet; and, if ordered by them to do so, he shall summon the posse
comitatus for that purpose, and hold and employ such posse subject to
their direction; whenever the exigency or circumstances may, in their
judgment, warrant it, the said boards shall have the power to assume the
control and command of all conservators of the peace of the county or
city in which any of the cities to which sections 84.010 to 84.340 may
apply, whether sheriff, constable, policemen or others, and they shall
act under the orders of the said boards and not otherwise. (RSMo 1939 §
7698)

Prior revisions: 1929 § 7550; 1919 § 8960; 1909 § 9812

1. It shall be the duty of said boards, annually on or before the
last day of February of each year to prepare, in writing, on such forms
as may be prescribed for budget preparation purposes by such cities for
departments of city government, an estimate of the sum of money which
will be necessary for the subsequent fiscal year, to enable them to
discharge the duties hereby imposed upon them, and to meet the expenses
of the police department. Such estimate shall include, but not be limited
to, all reasonably anticipated revenues of such boards from all sources
including, but not limited to, grants from the federal or state
governments, governmental agencies or other grantors and forfeitures of
property and proceeds of forfeited property, a table of organization,
line items for personnel, supplies, maintenance, repairs, services and
contractual requirements, and a statement comparing receipts and expenses
for the last prior full fiscal year, the current fiscal year, and the
fiscal year to which the estimate pertains. Said boards shall forthwith
certify such estimate to the board of common council or municipal
assembly, as the case may be, of said cities, who are hereby required to
set apart and appropriate the amount so certified, payable out of the
revenue of said cities, after having first deducted the amount necessary
to pay the interest upon the indebtedness of said cities, the amount
necessary for the expenses of the city hospital and health department,
the amount necessary for lighting the city, and any sum required by law
to be placed to the credit of the sinking fund of said cities. During a
fiscal year for which an appropriation has been so made, said boards
shall not transfer funds appropriated for one line item of such
appropriation to any other line item without the prior approval of the
municipal board of estimate and apportionment.

2. The said boards of police commissioners shall pass upon all claims
presented against them for the expenses incurred in the discharge of
their duties as herein provided, and shall certify, by their president
and secretary, all such claims as are entitled to payment and all salary
rolls for salaries as provided in sections 84.010 to 84.340, and such
claims and salary rolls, when so certified, shall be duly audited and
paid by the proper disbursing officer or officers of said cities within
five days after being audited, out of any moneys in the city treasury not
appropriated to the specific purposes above enumerated; provided,
however, that the amount of said claims and salary rolls so certified
shall not exceed, in any one year, the amount so, as aforesaid, estimated
for that year to the common council or municipal assembly of said cities
aforesaid. The common council or municipal assembly of said cities shall
have no power or authority to levy or collect any taxes or appropriate
any money for the payment of any police force, other than that organized
and employed under sections 84.010 to 84.340. No officer or servant of
the mayor or the common council or municipal assembly of said cities
shall disburse any money for the payment of any police force other than
that organized and employed under sections 84.010 to 84.340, and the
power of said mayor and common council or municipal assembly to
appropriate and disburse money for the payment of the police force
organized and employed under sections 84.010 to 84.340 shall be exercised
as in this section directed and not otherwise. (RSMo 1939 § 7699, A.L.
1995 S.B. 167)

Prior revisions: 1929 § 7551; 1919 § 8961; 1909 § 9813

Any officer or servant of the mayor or common council or
municipal assembly of the said cities, or other persons whatsoever, who
shall forcibly resist or obstruct the execution or enforcement of any of
the provisions of sections 84.010 to 84.340 or relating to the same, or
who shall disburse any money in violation thereof, or who shall hinder or
obstruct the organization or maintenance of said board of police, or the
police force therein provided to be organized and maintained, or who
shall maintain or control any police force other than the one therein
provided for, or who shall delay or hinder the due enforcement of
sections 84.010 to 84.340 by failing or neglecting to perform the duties
by said sections imposed upon him, shall be liable to a penalty of one
thousand dollars for each and every offense, recoverable by the boards by
action at law in the name of the state, and shall forever thereafter be
disqualified from holding or exercising any office or employment
whatsoever under the mayor or common council or municipal assembly of
said cities, or under sections 84.010 to 84.340; provided, however, that
nothing in this section shall be construed to interfere with the
punishment, under any existing or any future laws of this state, of any
criminal offense which shall be committed by the said parties in or about
the resistance, obstruction, hindrance, conspiracy, combination or
disbursement aforesaid. (RSMo 1939 § 7700)

Prior revisions: 1929 § 7552; 1919 § 8962; 1909 § 9814

The commissioners of police shall cause all persons arrested by
the police to be brought before some proper judge within said cities, to
be dealt with according to law. Proper police officers in charge of
police station houses may, if the offense charged against any person is a
bailable one, at the request of such person, take from him a recognizance
in such sum as may seem to be sufficient and proper with sufficient
sureties for his appearance at the proper time before some judge, but no
attorney at law, police officer, and no official or employee holding
office under the municipality of the said cities, or the state of
Missouri, and no clerk in the employ of such officer, officials or
employees shall be accepted as surety upon such bond or bonds; the proper
officers in charge of said station houses may administer oaths to parties
qualifying as such surety or sureties; and may refuse to receive as such
surety or sureties any and all parties with unsavory reputations or who,
as professional bondsmen, tend to defeat the ends of justice, and no one
shall be accepted as bondsman who shall have standing against him an
unsatisfied judgment rendered on a forfeited bond; such proper police
officers in charge of police stations may, prior to the appearance of any
person arrested before some proper judge, refuse to admit to the presence
of arrested persons confined in stations, all persons who have the
reputation of being what is known as grafters or shysters, or those
attorneys who are guilty of the practice of soliciting business. (RSMo
1939 § 7701, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 7553; 1919 § 8963; 1909 § 9815

Effective 1-2-79

The board of police commissioners shall establish the Bertillon
system of identification of criminals and others by means of
anthropometric indications, and they are further required to employ such
additional assistance as may be necessary to properly conduct and manage
this department. (RSMo 1939 § 7702, A.L. 1969 p. 77)

Prior revisions: 1929 § 7554; 1919 § 8964; 1909 § 9816

The board shall cause a full journal of their proceedings to be
kept, and shall also cause all their receipts and disbursements of money
to be faithfully entered in books to be procured and kept for that
purpose, and said journal, and all said books, and all other documents in
possession of said board, shall always be open to the inspection of the
general assembly of the state of Missouri or any committee appointed by
it for that purpose. It shall be the duty of the board to report to the
common council or municipal assembly of the said city at each annual
session thereof, the number and expenses of the police force employed by
it under sections 84.010 to 84.340, and all such other matters as may be
of public interest, in connection with the duties assigned it by sections
84.010 to 84.340. (RSMo 1939 § 7703)

Prior revisions: 1929 § 7555; 1919 § 8965; 1909 § 9817

The board, whenever and for so long a time as may be necessary,
may out of the force provided for in section 84.100, appoint, mount and
equip as many policemen for duty in the parks, outskirts and such other
portions of the said cities as the board may deem necessary. (RSMo 1939 §
7704, A.L. 1953 p. 268)

Prior revisions: 1929 § 7556; 1919 § 8966; 1909 § 9818

The board may appoint such number of women members of the police
force as they deem necessary, and such women members shall have and
exercise all the powers of the other members of the police force. (L.
1951 p. 333)

The members of the police force of the cities covered by sections
84.010 to 84.340, organized and appointed by the police commissioners of
said cities, are hereby declared to be officers of the said cities, under
the charter and ordinances thereof, and also to be officers of the state
of Missouri, and shall be so deemed and taken in all courts having
jurisdiction of offenses against the laws of this state or the ordinances
of said cities. (RSMo 1939 § 7711)

Prior revisions: 1929 § 7563; 1919 § 8973; 1909 § 9825

The police commissioner of the said cities shall have power to
regulate and license all private watchmen, private detectives and private
policemen, serving or acting as such in said cities, and no person shall
act as such private watchman, private detective or private policeman in
said cities without first having obtained the written license of the
president or acting president of said police commissioners of the said
cities, under pain of being guilty of a misdemeanor. (RSMo 1939 § 7712)

Prior revisions: 1929 § 7564; 1919 § 8974; 1909 § 9826

(1974) Held constitutional as not being an unlawful delegation of
legislative power nor as to being discriminatory in that police officers
of the city are not required to be licensed or pay fee when acting as a
watchman. ABC Security Service Inc. v. Miller (Mo.), 514 S.W.2d 521.

1. In all cities of this state that now have, or may hereafter
have, three hundred thousand inhabitants and not over seven hundred
thousand inhabitants, there shall be, and is hereby established, within
and for the cities, a board of police commissioners to consist of four
commissioners as provided in section 84.360, together with the mayor of
such cities, or whosoever may be officially acting in that capacity, who
shall be a voting member of the board. The board shall appoint one of its
members as president of the board, and one other member as vice
president. The president, or vice president in the absence of the
president, shall be the presiding officer of the board and shall act for
it when the board is not in session. The commissioners shall be citizens
of the state of Missouri and shall have been residents of the respective
cities in which they are appointed to serve for a period of four years
next preceding their appointment, except the mayor, who shall serve for a
term equal to his term of office as mayor. The commissioners shall,
except as otherwise specified in this section and section 84.360, hold
their offices for four years, and until their respective successors are
appointed and qualified. Each commissioner shall receive a salary of two
thousand four hundred dollars per annum, payable not less than
semimonthly, except that the mayor shall not receive any salary or
compensation for his duties as commissioner.

2. The police department of such city may be audited once a year by an
independent auditor to be selected by the city's board of police
commissioners and approved by the mayor. The police department of such
city may be audited at any time by the state auditor or by the auditor of
the city. Prior to auditing the police department of such city, the city
auditor shall determine which agencies or divisions of the police
department would most benefit from performance auditing and notify the
board of police commissioners. The city auditor, in conjunction with the
board of police commissioners, shall develop a schedule for conducting
such audits on such police department agencies or divisions as to not
disrupt or interfere with the conduct of police business, the public's
safety or the normal course of said auditors' duties or responsibilities
for such city. (RSMo 1939 § 7645, A.L. 1943 p. 727, A.L. 1947 V. I p.
405, A.L. 1958 2d Ex. Sess. p. 152, A.L. 1993 S.B. 376, A.L. 1995 H.B.
574)

Prior revisions: 1929 § 7502; 1919 § 8913; 1909 § 9765

The governor of the state of Missouri, by and with the consent of
the senate, shall appoint the four commissioners provided for in section
84.350, and one commissioner shall be appointed for a term of one year;
one commissioner shall be appointed for a term of two years; one
commissioner shall be appointed for a term of three years; one
commissioner shall be appointed for a term of four years. Their
successors shall each be appointed for a term of four years, and said
commissioners shall hold office for their term of appointment and until
their successors shall have been appointed and qualified. In case of a
vacancy in said board from any cause whatever, it shall be filled by
appointment for the unexpired term, in the same manner as in the case of
original appointments. The governor shall issue commissions to the
persons so appointed, designating the time for which they are appointed
in case the appointment is to fill an unexpired term occasioned by death,
resignation or any other cause whatever, and whenever the term of office
of any commissioner expires, the appointment of his successor shall be
for four years. (RSMo 1939 § 7646, A.L. 1943 p. 727)

Before entering upon the duties of their respective offices, the
said commissioners shall take and subscribe before the judge of the court
of record having jurisdiction of the trial of criminal cases in the
county in which the respective cities for which they are appointed to
serve shall be located, or the clerk thereof in vacation, the oath or
affirmation prescribed by the Constitution of the state of Missouri, and
shall also take and subscribe before the same judge, or clerk in
vacation, the further oath or affidavit that they will in no case and
under no pretext act on behalf of or against, prefer or disfavor, any
policeman or officer of police or other employee of the board for or on
account of the political opinions of such person, or for any other cause
or reason whatsoever than the fitness or unfitness, merit or lack of
merit of such person, in the best judgment of such commissioners, and
that during their tenure as members of the board of police commissioners
(other than the mayor) they will refrain from partisan political
activity, violation of which shall be sufficient cause for removal of
such members of the board. The said oaths or affirmations shall be
recorded and preserved among the records of said court. (RSMo 1939 §
7645, A.L. 1943 p. 727, A.L. 1947 V. I p. 405)

Prior revisions: 1929 § 7506; 1919 § 8917; 1909 § 9769

One of their number shall, from time to time, be appointed by
said commissioners treasurer of said board of police; and his
appointment, when made, shall be certified to by the clerk of the circuit
court of the county in which said cities shall be located, under the seal
of said court. Said treasurer shall hold his office for such time as may
be designated by the commissioners, who may remove him at pleasure.
Before he enters upon the duties of his office as treasurer, he shall
give bond to the state of Missouri, with one or more sureties, in the
penalty of ten thousand dollars, conditioned for the faithful discharge
of his duties as treasurer of the board of police and for the faithful
application and payment over, pursuant to the order and direction of said
board, of all moneys which may come to his hands as such treasurer. The
bond of the treasurer shall be approved by a circuit judge of the circuit
court of the county in which said cities shall be located, and shall be
delivered to and safely kept by the treasurer of said cities. (RSMo 1939
§ 7645, A.L. 1943 p. 727, A.L. 1947 V. I p. 405, A.L. 1978 H.B. 1634)

Effective 1-2-79

For official misconduct any of said commissioners so appointed
may be removed by the governor, upon his being satisfied that such
commissioner is guilty of the alleged official misconduct. No such
commissioner shall be so removed until the governor has first notified
such commissioner in writing of the particulars of such alleged official
misconduct and shall have given such commissioner a reasonable
opportunity to prove his innocence of such misconduct. The provisions of
section 106.010, RSMo, shall not apply to sections 84.350 to 84.860 or to
any appointment made hereunder. (RSMo 1939 § 7647, A.L. 1943 p. 727 §
7648)

Prior revisions: 1929 § 7505; 1919 § 8916; 1909 § 9768

Any one of said commissioners so appointed or any member of any
such police force who, during the term of his office, shall accept any
other place of public trust, or emolument, or who shall knowingly receive
any nomination for an office elective by the people, and shall fail to
decline such nomination publicly within the five days succeeding such
nomination or shall become a candidate for the nomination for any office
at the hands of any political party, shall be deemed to have thereby
forfeited and vacated office as such commissioner or member of such
police force. (RSMo 1939 § 7648, A.L. 1943 p. 727 § 7649)

Prior revisions: 1929 § 7504; 1919 § 8915; 1909 § 9767

The majority of the board shall constitute a quorum for the
transaction of business. No rule or regulation of the board shall take
effect until fifteen days after final action on it by the board unless
otherwise specified by the board. No action shall be taken by the board
unless three concurring votes are cast. (RSMo 1939 § 7649, A.L. 1943 p.
727 § 7650)

Prior revisions: 1929 § 7507; 1919 § 8918; 1909 § 9770

1. The board of police commissioners shall have the duty and
responsibility at all times of the day and night within the boundaries of
these cities, and on other public property of these cities beyond the
corporate limits thereof to*:

(1) Preserve the public peace;

(2) Prevent crime and arrest offenders;

(3) Protect the rights of persons and property;

(4) Guard the public health;

(5) Preserve order at every public election, and at all public meetings
and places and on all public occasions;

(6) Prevent and remove nuisances on all streets, alleys, highways,
waters, and other places;

(7) Provide a proper police force at fires for the protection of firemen
and property;

(8) Protect transients at public wharves, airports, railway and bus
stations;

(9) See that all laws relating to elections and to the observance of
Sunday, and relating to pawnbrokers, intemperance, lotteries and lottery
policies, vagrants, disorderly persons, and the public health are
enforced;

(10) Suppress gambling and bawdyhouses, and every other manner and kind
of disorder and offense against law and the public health; and

(11) Enforce all laws and ordinances passed, or which may hereafter be
passed, by the common council of such cities, not inconsistent with the
provisions of sections 84.350 to 84.860.

2. The board shall determine the policy and in fulfillment of the duties
and responsibilities herein provided and to this end shall:

(1) Adopt rules and regulations not inconsistent herewith governing the
conduct of such police department;

(2) Appoint a chief of police who shall be responsible to the board for
the proper execution of the policies, duties, and responsibilities
established for the administration of the police department;

(3) Act as a board of review in personnel disciplinary cases as provided
in section 84.430;

(4) Appoint a secretary to the board who shall appoint the necessary
clerical assistants to the secretary for the conduct of affairs relating
purely to activities and affairs of the board, other than those delegated
to the chief in sections 84.350 to 84.860. The salary of the secretary
shall be fixed by the board at not less than two thousand five hundred
dollars nor more than three thousand seven hundred and fifty dollars per
annum. Salaries of clerical assistants shall be determined as herein
provided in section 84.520 for other clerical employees;

(5) Have the power to provide for a business manager who shall also act
as an assistant secretary to the board at a salary of not less than four
thousand five hundred dollars nor more than six thousand six hundred
dollars per annum;

(6) Provide for and employ such medical assistants, including police
surgeons and police physicians, as the board may deem necessary to
perform such duties as the board may prescribe for the care and health of
policemen, officers of police, and employees;

(7) Retain or employ attorneys or other consultants as necessary to
advise the board or the chief;

(8) Have the power to provide and contract for insurance benefits
providing for health and medical coverage;

(9) Have the power to provide and contract for liability insurance
coverage for officers and employees of the police department, insuring
liabilities incurred during the performance of duty and in the scope of
employment for the police department;

(10) Perform such other duties and exercise such other powers not
inconsistent with the provisions of sections 84.350 to 84.860 as shall
further the efficient and economical operation of the police department.

3. The provisions of chapter 287, RSMo, governing workers' compensation
may be extended to include the employees of the police department as
herein provided. The police department shall have authority by resolution
to elect, under the provisions of section 287.030, RSMo, to accept the
provisions of chapter 287, RSMo, and to pay compensation to its employees
and uniformed officers of the department for injury or death arising out
of and in the course of their employment in accordance with the
provisions and restrictions as set forth in chapter 287, RSMo. The board
shall adopt rules classifying the employees who may be eligible for
compensation under this section and section 226.170, RSMo, and its
classification shall be decisive as to whether or not an employee falls
within the definition of an employee eligible for compensation coverage
under this section and section 226.170, RSMo. In case the board shall
elect to accept said provisions, it shall purchase insurance for such
purpose. The board shall have authority to perform such other duties as
may be necessary or incidental effectually to carry out the purposes of
this law. No election of the board to come under the provisions of
chapter 287, RSMo, shall ever be construed as acknowledging or creating
any liability in tort or as incurring other obligations or duties except
only the duty and obligation of complying with the provisions of said
chapter 287, RSMo, so long as said board may elect to remain under the
provisions of chapter 287, RSMo. (RSMo 1939 § 7650, A.L. 1943 p. 727 §
7651, A.L. 1953 p. 304, A.L. 1958 2d Ex. Sess. p. 152, A.L. 1963 p. 133,
A.L. 1978 S.B. 508)

Prior revisions: 1929 § 7507; 1919 § 8919; 1909 § 9771

*Word "to" does not appear in original rolls.

1. The board shall hear all complaints or charges filed against
any member of the police department. All complaints or charges filed by
persons other than the commissioners or police officers shall be verified
by the oath of the person filing such complaints or charges. The board
may at any time order the discharge of a specified number of police
officers for the reason that in the opinion of the board, the police
force is larger than the interests of the public demand or that there is
insufficient money to pay the expenses of maintaining the police force as
then organized; and in such cases it shall not be necessary to file any
complaint or charges or to permit a hearing by the board of the policemen
or police officers to be removed; but policemen and police officers so
dismissed shall be placed at the top of the suitable eligible lists, and
when vacancies so created shall be filled the policemen or police
officers thus removed shall, if they so desire, be reappointed to fill
such vacancies in the order in which such policemen or police officers
were removed.

2. Any member of the board shall have power to summon and compel the
attendance of witnesses before the board and the production of books and
papers before them whenever it may be necessary for the more effective
discharge of the board's duties and responsibilities. Any member of the
board or the secretary of the board shall have the power to administer
oaths or affirmations to any person appearing or called before said
board. (RSMo 1939 §§ 7661, 7664, 7665, A.L. 1943 p. 727 § 7651)

Prior revisions: 1929 §§ 7511, 7512, 7522; 1919 §§ 8922, 8923, 8933; 1909
§§ 9774, 9775, 9785

In case any police official shall have reason to believe that any
person has committed, or is about to commit, within the city or on public
property of said city beyond the corporate limits thereof any breach of
peace or violation of law and order, or that any person found within the
city or on public property of said city beyond the corporate limits
thereof is charged with the commission of crime in the state of Missouri,
against whom criminal proceedings shall have been issued, or when any
person may have committed an offense within view of a member of such
police force, said police official may cause such person to be arrested
by any member of the police force. In cases where officers make arrest
for crime committed within their view, the offenders shall at once be
conveyed before some police judge or some judge in the city and the
proper complaint against him shall be filed by said officer. (RSMo 1939 §
7651, A.L. 1943 p. 727 § 7652)

Prior revisions: 1929 § 7509; 1919 § 8920; 1909 § 9772

(1958) Where officer was authorized to arrest a person on suspicion after
seeing loaded rifle in back seat of car, a search of the car was lawful
and stolen property therein found held admissible. State v. Cantrell
(Mo.), 310 S.W.2d 866.

1. The mayor and common council of such city shall be and they
are hereby authorized and required to provide the department with an
office and office furniture as they may need. The board shall have and
use a common seal. The board may divide the city into the needful number
of police districts and fix the boundaries thereof; provided, however,
that the number of districts into which said city may be divided shall
not exceed six.

2. The department, for all the purposes of sections 84.350 to 84.860,
shall have the use of all buildings heretofore used by the corporate
authorities of the city in policing the city and shall have the use of
all scientific equipment, identification equipment, radio and
communication equipment, signal systems, watch boxes, automobiles,
trucks, motorcycles, firearms, office furniture, fixtures, and supplies,
all records and correspondence, and all other equipments, accoutrements
and other accommodations and things of whatsoever nature heretofore
provided by the city for the use and service of the police and for
policing the city, as fully and to the same extent as the same are now
and may be used by or for the present police force; and the mayor and
common council, and all persons and municipal officers in charge thereof,
are hereby ordered and required immediately upon the appointment and
qualification of the board to allow such use accordingly.

3. In case the mayor and common council of the city, or their officers or
agent, refuse or neglect to allow such use when the same shall be
required by the board, the board may apply to the circuit court of any
county in which the city is located, in the name of the state of
Missouri, for a mandamus to compel a compliance with the provisions of
this section, and the application therefor shall be heard and decided by
that court. One week's notice of the application shall be given, and the
respondent shall have the right to answer within one week, and if
testimony be needed on either side, it shall be taken within ten days
after the answer is filed or the week has expired. From the decision of
the circuit court in the premises either party may appeal within ten
days; and it shall be the duty of the clerk of that court to send up the
record immediately, and the appeal shall be heard by the supreme court,
if then in session, and if not in session, at the next term. In both
courts the case shall be taken up and tried in preference to all others.
(RSMo 1939 § 7652, A.L. 1943 p. 727 § 7653, A.L. 1965 p. 199)

So soon as the board created herein shall hold their first
meeting, it shall be their duty to inform the chief of police and the
other officers of the police force of such city that they require their
attendance upon them and obedience to their orders. For failure to attend
as required, and for each and every failure to obey the lawful orders of
said board, the officers so notified shall be fined in any sum not
exceeding five hundred dollars, to be recovered by action at law
instituted by said board, in the name of the state. From and after the
first meeting aforesaid, the whole of the then existing police force in
such city shall pass under the exclusive management and control of the
said board, and be subject to no other control and entitled to receive
neither orders nor pay, except arrearages then due, from any other
authority, and shall so continue, subject, however, to removal or
suspension, at the discretion of said board, and with the power in said
board to fill vacancies, until said board shall publicly declare that the
organization of the police force, created by sections 84.350 to 84.860 is
complete. Upon such public declaration, and from the time thereof
thenceforward, all ordinances of such city are hereby declared null and
void, so far as they conflict with sections 84.350 to 84.860 or assume to
confer upon the mayor, chief of police, common council, or any other
person or persons, the power to appoint, dismiss, or in any way or to any
extent, employ or control any police force organized or to be organized
under such ordinances, or any of them, and from and after such public
declaration as aforesaid, the police force organized, or which may be
organized under such ordinances, or any of them, shall cease to exist,
and its functions and powers be at an end. (RSMo 1939 § 7653, A.L. 1943
p. 727 § 7654)

To enable the board of police to perform the duties imposed upon
them, they are hereby authorized and required, as speedily as may be, to
provide for the appointment, enrollment and employment of a permanent
police force for the respective cities for which they are appointed to
serve, which they shall organize, uniform, equip and arm as they may
judge necessary; subject always, however, to the standards, limitations
and restrictions established and set forth in sections 84.480 to 84.620.
(RSMo 1939 § 7655, A.L. 1943 p. 727 § 7656)

Prior revisions: 1929 § 7513; 1919 § 8924; 1909 § 9776

CROSS REFERENCES: Appointment of men and women officers, 71.200 Police to
be residents of state, RSMo 85.005 Special deputies to be residents of
state, RSMo 542.190

The board of police commissioners shall appoint a chief of police
who shall be the chief police administrative and law enforcement officer
of such cities. The chief of police shall be chosen by the board solely
on the basis of his or her executive and administrative qualifications
and his or her demonstrated knowledge of police science and
administration with special reference to his or her actual experience in
law enforcement leadership and the provisions of section 84.420. At the
time of the appointment, the chief shall not be more than sixty years of
age, shall have had at least five years' executive experience in a
governmental police agency and shall be certified by a surgeon or
physician to be in a good physical condition, and shall be a citizen of
the United States and shall either be or become a citizen of the state of
Missouri and resident of the city in which he or she is appointed as
chief of police. In order to secure and retain the highest type of police
leadership within the departments of such cities, the chief shall receive
a salary of not less than eighty thousand two hundred eleven dollars, nor
more than one hundred fifty-one thousand two hundred ninety-six dollars
per annum. (RSMo 1939 § 7656, A.L. 1943 p. 727 § 7657, A.L. 1951 p. 297,
A.L. 1955 p. 307, A.L. 1958 2d Ex. Sess. p. 152, A.L. 1963 p. 135, A.L.
1965 p. 199, A.L. 1967 1st Ex. Sess. p. 873, A.L. 1969 p. 149, A.L. 1971
S.B. 118, A.L. 1975 S.B. 349, A.L. 1977 S.B. 68, A.L. 1979 H.B. 702, A.L.
1981 S.B. 164, A.L. 1986 H.B. 1433 & 1574, A.L. 1988 H.B. 1304, A.L. 1991
H.B. 321 & 343, A.L. 1998 S.B. 473, A.L. 2001 S.B. 4)

Prior revisions: 1929 § 7524; 1919 § 8935; 1909 § 9787

1. The chief of police shall serve during the pleasure of the
board. In case the board determines to remove or demote the chief of
police, he shall be notified in writing. Within ten days after receipt of
such notice, the chief may, in writing, file with the secretary of the
board of police commissioners, demand and he shall receive a written
statement of the reasons for such removal or demotion, and a hearing
thereon at a public meeting of the board within ten days after the chief
files such notice. The chief may be suspended from office pending such
hearing. The action of the board in suspending, removing or demoting the
chief of police shall be final and not subject to review by any court.

2. The board may, in case of and during the absence or disability of the
chief, designate a qualified police officer who shall serve as acting
chief and perform the duties of the office. No man shall serve as acting
chief who has not the qualifications required for the position of chief.
(L. 1943 p. 727 § 7657)

The chief of police shall be the chief executive officer of the
police department. He shall be responsible to the board of police
commissioners for the proper administration of police affairs and
suppression of crime in such cities and the execution of policy
pertaining to police affairs as determined by the board of police
commissioners, and to these ends, subject to provisions in sections
84.350 to 84.860, he shall:

(1) Have the power to appoint, subject to approval of the board, and
shall have the power to promote, discipline and suspend all police
officers and policemen. The chief shall also have the power to appoint,
subject to the approval of the board, and to promote, discipline, suspend
or discharge such employees of the police department other than police
officers or policemen as may be specified by resolution of the board. A
report of all such actions taken (other than suspensions of less than
fifteen days) shall be submitted to the board at its next meeting. Any
such action for which a report is required which adversely affects any
officer, policeman or employee, shall be reviewed by the board as
provided in section 84.590;

(2) Be required to prepare and submit to the board on or before April
first in each year a complete report on the administrative and law
enforcement activities of the police department for the preceding
calendar year, and such report shall show complete statistics of all
police work in accordance with generally recognized standards in order to
facilitate comparisons with other cities of the United States of the same
population class;

(3) Prepare and submit to the board on or before January first of each
year a complete report on the financial requirements of the department
for the ensuing fiscal year;

(4) Perform such other duties as may be prescribed elsewhere in sections
84.350 to 84.860 or required of him by the board of police commissioners,
not inconsistent with sections 84.350 to 84.860. (L. 1943 p. 727 § 7657)

CROSS REFERENCE: Police protection for precinct canvassers, RSMo 115.059

1. For the purpose of operation of the police department herein
created, the chief of police, with the approval of the board, shall
appoint such number of police department employees, including police
officers and civilian employees as the chief of police from time to time
deems necessary.

2. The base annual compensation of police officers shall be as follows
for the several ranks:

(1) Lieutenant colonels, not to exceed five in number, at not less than
seventy-one thousand nine hundred sixty-nine dollars, nor more than one
hundred six thousand seven hundred sixty-four dollars per annum each;

(2) Majors at not less than sixty-four thousand six hundred seventy-one
dollars, nor more than ninety-seven thousand four hundred four dollars
per annum each;

(3) Captains at not less than fifty-nine thousand five hundred
thirty-nine dollars, nor more than eighty-eight thousand eight hundred
sixty dollars per annum each;

(4) Sergeants at not less than forty-eight thousand six hundred
fifty-nine dollars, nor more than seventy-one thousand seven hundred
forty eight dollars per annum each;

(5) Master patrol officers at not less than fifty-six thousand three
hundred four dollars, nor more than sixty-seven thousand five hundred
sixty-three dollars per annum each;

(6) Master detectives at not less than fifty-six thousand three hundred
four dollars, nor more than sixty-seven thousand five hundred sixty-three
dollars per annum each;

(7) Detectives, investigators, and police officers at not less than
twenty-six thousand six hundred forty-three dollars, nor more than
sixty-three thousand six hundred forty-eight dollars per annum each.

3. The board of police commissioners has the authority by resolution to
effect a comprehensive pay schedule program to provide for step increases
with separate pay rates within each rank, in the above-specified salary
ranges from police officers through chief of police.

4. Officers assigned to wear civilian clothes in the performance of their
regular duties may receive an additional one hundred fifty dollars per
month clothing allowance. Uniformed officers may receive seventy-five
dollars per month uniform maintenance allowance.

5. The chief of police, subject to the approval of the board, shall
establish the total regular working hours for all police department
employees, and the board has the power, upon recommendation of the chief,
to pay additional compensation for all hours of service rendered in
excess of the established regular working period, but the rate of
overtime compensation shall not exceed one and one-half times the regular
hourly rate of pay to which each member shall normally be entitled. No
credit shall be given nor deductions made from payments for overtime for
the purpose of retirement benefits.

6. The board of police commissioners, by majority affirmative vote,
including the mayor, has the authority by resolution to authorize
incentive pay in addition to the base compensation as provided for in
subsection 2 of this section, to be paid police officers of any rank who
they determine are assigned duties which require an extraordinary degree
of skill, technical knowledge and ability, or which are highly demanding
or unusual. No credit shall be given nor deductions made from these
payments for the purpose of retirement benefits.

7. The board of police commissioners may effect programs to provide
additional compensation for successful completion of academic work at an
accredited college or university. No credit shall be given nor deductions
made from these payments for the purpose of retirement benefits.

8. The additional pay increments provided in subsections 6 and 7 of this
section shall not be considered a part of the base compensation of police
officers of any rank and shall not exceed ten percent of what the officer
would otherwise be entitled to pursuant to subsections 2 and 3 of this
section.

9. Not more than twenty-five percent of the officers in any rank who are
receiving the maximum rate of pay authorized by subsections 2 and 3 of
this section may receive the additional pay increments authorized by
subsections 6 and 7 of this section at any given time. However, any
officer receiving a pay increment provided pursuant to the provisions of
subsections 6 and 7 of this section shall not be deprived of such pay
increment as a result of the limitations of this subsection. (RSMo 1939 §
7656, A.L. 1943 p. 727 § 7658, A.L. 1947 V. I p. 407, A.L. 1947 V. II p.
296, A.L. 1949 p. 370, A.L. 1951 p. 297, A.L. 1953 p. 304, A.L. 1955 p.
307, A.L. 1958 2d Ex. Sess. p. 152, A.L. 1963 p. 135, A.L. 1965 p. 199,
A.L. 1967 1st Ex. Sess. p. 873, A.L. 1969 p. 149, A.L. 1971 S.B. 118,
A.L. 1974 S.B. 475, A.L. 1975 S.B. 349, A.L. 1977 S.B. 68, A.L. 1978 S.B.
508, A.L. 1979 H.B. 702, A.L. 1981 S.B. 164, A.L. 1984 S.B. 431, A.L.
1986 H.B. 1433 & 1574, A.L. 1988 H.B. 1304, A.L. 1990 H.B. 1819, A.L.
1991 H.B. 321 & 343, A.L. 1993 H.B. 209 & 288, A.L. 1998 S.B. 473, A.L.
2001 S.B. 4, A.L. 2003 H.B. 199 merged with S.B. 14, A.L. 2004 S.B. 952)

Prior revisions: 1929 § 7524; 1919 § 8935; 1909 § 9787

The chief of police, with the approval of the board, shall
appoint such number of civilian employees as he deems necessary from time
to time for the operation of the police department. Compensation for
civilian employees of the police department shall not exceed the
compensation paid to police officers of the department who perform like
or similar work to that of such civilian employees, but the chief of
police, with the approval of the board, may establish lower compensation
for civilian employees than that received by police officers. (RSMo 1939
§ 7656, A.L. 1943 p. 727 § 7658, A.L. 1947 V. I p. 407, A.L. 1947 V. II
p. 296, A.L. 1949 p. 370, A.L. 1958 2d Ex. Sess. p. 152, A.L. 1963 p.
135, A.L. 1977 S.B. 68)

Prior revisions: 1929 § 7524; 1919 § 8935; 1909 § 9787

The police board and all officers and other employees of the
police force shall be paid not less than semimonthly at the rate provided
in sections 84.350, 84.510 and 84.520. (RSMo 1939 § 7658, A.L. 1943 p.
727, A.L. 1947 V. I p. 407, A.L. 1947 V. II p. 296, A.L. 1949 p. 370,
A.L. 1958 2d Ex. Sess. p. 152)

Prior revisions: 1929 § 7525; 1919 § 8936; 1909 § 9788

1. Upon recommendation of the chief of police, the board may
authorize and provide for the organization of a police reserve force
composed of residents of the city who qualify under the provisions of
subsection 1 of section 84.570. Such reserve force shall be under the
command of the chief of police and shall be provided training, equipment,
uniforms, and arms as the chief shall direct with the approval of the
board; and when assigned to active duty the members of the reserve force
shall possess all of the powers of regular police officers and shall be
subject to all laws and regulations applicable to police officers;
provided, however, that the city council or other governing body of any
such city may in its discretion fix a total in number which the reserve
force may not exceed.

2. In event of riot or other emergencies as declared and defined by the
mayor, the city council or other governing body in such city in
concurrence with the board, the board, upon recommendation of the chief,
may appoint special officers or patrolmen for temporary service in
addition to the police reserve force herein provided for, but the length
of time for which such officers or patrolmen shall be employed shall be
limited to the time during which such emergency shall exist. (RSMo 1939 §
7656, A.L. 1943 p. 727 § 7658, A.L. 1947 V. I p. 407, A.L. 1947 V. II p.
296, A.L. 1949 p. 370, A.L. 1953 p. 304)

Prior revisions: 1929 § 7524; 1919 § 8935; 1909 § 9787

Any person who shall have entered the armed service of the United
States during time of war shall be preferred for reemployment, provided
such person was employed in the police department at the time of such
induction or enlistment and is otherwise qualified and has been honorably
discharged from such service and applies for reemployment within twelve
months of such discharge. (L. 1943 p. 727 § 7658, A.L. 1947 V. I p. 407,
A.L. 1947 V. II p. 296, A.L. 1949 p. 370)

For the purposes of sections 84.350 to 84.860 all police
officers, not including civilian employees and other than the chief,
shall be assigned one of the following ranks: lieutenant colonel, major,
captain, sergeant, master patrol officer, master detective, detective,
investigator, or patrolman. Lieutenant colonels shall not exceed five in
number, and other titles or designations for police officers may be used
but they shall be equivalent in rank and salary to the ranks herein
specified. (RSMo 1939 § 7657, A.L. 1943 p. 727 § 7659, A.L. 1947 V. I p.
407, A.L. 1953 p. 304, A.L. 1958 2d Ex. Sess. p. 152, A.L. 1969 p. 149,
A.L. 1984 S.B. 431, A.L. 2004 S.B. 952)

Prior revision: 1929 § 7524

1. No person shall be appointed policeman or officer of police
who shall have been convicted of any offense, the punishment of which may
be confinement in the state penitentiary; nor shall any person be
appointed who is not proven to be of good character, or who is not proven
to be a bona fide citizen of the United States, or who cannot read and
write the English language and who does not possess ordinary physical
strength and courage, nor shall any person be originally appointed to
said police force who is less than twenty-one years of age.
Notwithstanding any other provision of law, the board shall have the sole
authority to determine conditions of employment for police officers
pursuant to section 84.460.

2. The board shall from time to time require open competitive
examinations or tests for determining the qualifications and fitness of
all applicants for appointment to positions on the police force. Such
examinations and tests shall be practical and shall relate to matters
which fairly measure the relative fitness of the candidates to discharge
the duties of the positions to which they seek to be appointed. Notice of
such examinations and tests shall be given not less than ten days in
advance thereof by public advertisement in at least one newspaper of
general circulation in such city, and by posting notice in the police
headquarters building. A list of those qualifying in such examinations
shall be established, listing those qualified in order of rank. When an
appointment is to be made, the appointment shall be made from such
eligible list.

3. The board shall also establish rules for:

(1) Temporary employment for not exceeding sixty days in the absence of
any eligible list;

(2) Hours of work of police employees and officers subject to the
provisions of section 84.510; and

(3) Attendance regulations and leaves of absence. (RSMo 1939 § 7659, A.L.
1943 p. 727 § 7660, A.L. 1953 p. 304, A.L. 1958 2d Ex. Sess. p. 152, A.L.
2003 S.B. 5)

Prior revisions: 1929 § 7520; 1919 § 8931; 1909 § 9783

Effective 6-27-03

1. There shall be maintained in the departments a list of all
persons in the service of the departments in such cities, showing in
connection with each name the position held, the salary or wages paid,
the date and character of appointment and every subsequent change in
status, and the date and character of each disciplinary action taken
against the officer or employee.

2. On his request, any candidate on an eligible list or who has not
passed an examination shall have the right, either personally or through
an agent or agents designated in writing by him, to examine his
examination paper and markings. No eligible list shall be extended for a
period of more than two years without a new application and examination.
(L. 1943 p. 727 § 7661)

Promotions within the police department shall, as far as
practicable, be made from lower ranks and, other factors being equal,
preference shall be given to seniority. Unless the chief shall recommend
and the board shall approve waiver of the requirement, a police officer
to be eligible for promotion shall have served at least two years in the
rank from which he is to be promoted and must be certified by the police
physician as physically able to discharge the duties of the rank to which
he is to be promoted. Patrolmen shall be considered of one rank without
regard to their classification. It shall be considered a promotion when
an officer is notified in writing by the chief of police that he has been
assigned to a permanent position in another rank for which a higher
maximum rate of compensation is prescribed by law; but assignment to a
temporary or acting rank with a higher rate of compensation shall not be
considered a promotion within the meaning of this section. (L. 1943 p.
727 § 7662, A.L. 1953 p. 304)

The first employment of policemen and every police officer shall
be for a probationary term of six months, after which the chief may at
his discretion extend the probationary period for an additional term of
six months, but no longer. During said probationary period the chief may
at his discretion or at the direction of the police board discontinue
their services at any time. Having served at least six months'
probationary service to the satisfaction of the board and the chief, such
policemen and police officers shall be appointed to the police force of
said city and shall thereafter be subject to discharge or removal only
for cause and upon complaint being made or charges being preferred
against them, a copy of which complaint or charges setting forth the
ground thereof shall be given to such policemen or police officers, not
less than forty-eight hours prior to the time the complaints or charges
are to be heard by the board, and they shall have the right to appear
before the board at a public hearing to be held within fifteen days after
the filing of such complaint or charges, and be confronted by the
witnesses against them and to be defended by counsel and the board after
hearing the charges shall take a vote of yeas and nays to be entered upon
the records whether or not the charges have been sustained and what
punishment, if any, shall be imposed. If the charges are found by the
board to be sustained by the evidence, the board may remove such
policemen or police officers, or the board may, instead of removal,
suspend, reprimand or impose a fine upon the policemen or police
officers, and in any case any fine so imposed is not paid the same shall
be deducted from the salary of such policemen or police officers. If
complaint is made or charges preferred against a policeman or police
officer which, in the opinion of the board, does not constitute an
offense of which the board shall take cognizance, the board shall dismiss
such complaint or charges. The board shall report all decisions on any
such complaint or charges in writing to the chief of police and to the
officer or policeman. Each decision of the police board in such cases
shall be final and not subject to review by any court. (RSMo 1939 § 7660,
A.L. 1943 p. 727 § 7663)

Prior revisions: 1929 § 7521; 1919 § 8932; 1909 § 9784

Any police officer, policeman or employee adversely affected by
any action taken by the chief which he is required to report to the board
under the provisions of subdivision (1) of section 84.500 shall have the
right to have such action of the chief of police reviewed by the police
board upon filing with the secretary of the board within ten days after
the effective date of such action a written request for review by said
police board. Whereupon the police board shall grant a public hearing
within fifteen days after the filing of such request. The board shall
have the power to inquire into all the facts and circumstances pertaining
to such action and may compel the attendance of witnesses by subpoena at
the request of either the police officer, policeman or employee involved,
the chief of police or any member of the board. The board shall have the
power upon such hearing to affirm, modify or reverse such action of the
chief and may make such other orders as the board may deem necessary. The
board shall report all decisions in writing to the chief of police and to
the officer or employee involved. Each decision of the police board in
such cases shall be final and not subject to review by any court. (L.
1943 p. 727 § 7664)

All lawful rules and regulations made by the board shall be
obeyed by the members of the police force on pain of dismissal,
suspension, fine or reduction in rank or pay, or forfeiture of pay, as
the board may provide. (RSMo 1939 § 7662, A.L. 1943 p. 727 § 7665)

Prior revisions: 1929 § 7531; 1919 § 8942; 1909 § 9794

No officer of police or policeman shall be allowed to receive any
money or gratuity or compensation for any service he may render without
the consent of the said board, and all such moneys as any policeman or
police officer may be so permitted to receive shall be paid over to the
board, and, together with all the proceeds of all fines, forfeitures and
unreclaimed property which may come into the possession of said board, or
to be recovered by them under the provisions of sections 84.350 to
84.860, or any other law or ordinance, shall be disposed of in accordance
with rules adopted by the said board, subject to the provisions of laws
of this state controlling and directing the dispensation of such funds.
(RSMo 1939 § 7663, A.L. 1943 p. 727 § 7666)

Prior revisions: 1929 § 7532; 1919 § 8943; 1909 § 9795

The members of the police force of any such city are hereby
empowered to make arrests for the violation of any ordinance of such city
for the protection, regulation and orderly government of parks, public
grounds and other public property owned by any such city and situated
outside of the limits thereof, and persons so arrested for the violation
of any such ordinance may be brought within the city limits and tried
before any court having jurisdiction of cases arising out of the
ordinances of such city. (RSMo 1939 § 7666, A.L. 1943 p. 727 § 7667, A.L.
1978 H.B. 1634)

Prior revisions: 1929 § 7510; 1919 § 8921; 1909 § 9773

Effective 1-2-79

The commissioners of police shall cause all persons arrested by
the police to be brought before some judge within said cities, to be
dealt with according to law. Proper police officers in charge of police
station houses may, if the offense charged against any person is a
bailable one, at the request of such person, take from him a recognizance
in such sum as may seem to be sufficient and proper with sufficient
sureties for his appearance at the proper time before some judge; but no
attorney at law, police officer, constable or his deputy, and no official
employee holding office under the municipality of the said cities, or the
state of Missouri, and no clerk in the employ of such officer, officials
or employees shall be accepted as surety upon such bond or bonds; the
proper officers in charge of said station houses may administer oaths to
parties qualifying as such surety or sureties; and may refuse to receive
as such surety or sureties any and all parties with unsavory reputations
or who, as professional bondsmen, tend to defeat the ends of justice, and
no one shall be accepted as bondsman who shall have standing against him
an unsatisfied judgment rendered on a forfeited bond. (RSMo 1939 § 7667,
A.L. 1943 p. 727 § 7668, A.L. 1949 H.B. 2033, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 7517; 1919 § 8928; 1909 § 9780

Effective 1-2-79

1. The members of the police force appointed in pursuance hereof
are hereby declared to be officers of the state of Missouri and of the
city for which such commissioners are appointed.

2. They shall have power within the city or on public property of the
city beyond the corporate limits thereof to arrest, on view, any person
they see violating or whom they have reason to suspect of having violated
any law of the state or ordinance of the city. They shall have power to
arrest and hold, without warrant, for a period of time not exceeding
twenty-four hours, persons found within the city or on public property of
the city beyond the corporate limits thereof charged with having
committed felonies in other states, and who are reported to be fugitives
from justice. They shall also have the power to stop any person abroad
whenever there is reasonable ground to suspect that he is committing, has
committed or is about to commit a crime and demand of him his name,
address, business abroad and whither he is going. When stopping or
detaining a suspect, they may search him for a dangerous weapon whenever
they have reasonable ground to believe they are in danger from the
possession of such dangerous weapon by the suspect. No unreasonable force
shall be used in detaining or arresting any person, but such force as may
be necessary may be used when there is no other apparent means of making
an arrest or preventing an escape and only after the peace officer has
made every reasonable effort to advise the person that he is the peace
officer engaged in making arrest.

3. Any person who has been arrested without a warrant may be released,
without being taken before a judge, by the officer in charge of the
police station whenever the officer is satisfied that there is no ground
for making complaint against him, or when the person was arrested for a
misdemeanor and will sign a satisfactory agreement to appear in court at
the time designated. (RSMo 1939 § 7674, A.L. 1943 p. 727 § 7673, A.L.
1978 H.B. 1634)

Prior revisions: 1929 § 7519; 1919 § 8930; 1909 § 9782

Effective 1-2-79

(1974) Held seizure of marijuana was unreasonable search and seizure. See
this case for in-depth discussion of "search and seizure". Kansas City v.
Butters (A.), 507 S.W.2d 49.

The police commissioners of any city with a population of three
hundred fifty thousand or more inhabitants which is located in more than
one county shall have power to regulate and license all private security
personnel and organizations, serving or acting as such in such cities,
and no person or organization shall act in the capacity of, or provide,
security services in such cities without first having obtained the
written license of the president or acting president of the police
commissioners of such cities. In order to determine an individual's
suitability to be licensed, the police commissioners of such cities shall
require each applicant to be licensed to be fingerprinted and shall
forward the fingerprints to the Missouri state highway patrol for a
criminal history record check. Any person or organization that violates
the provisions of this section is guilty of a class B misdemeanor. (RSMo
1939 § 7675, A.L. 1943 p. 727 § 7674, A.L. 1993 H.B. 209 & 288)

It shall be the duty of the board, on the fifteenth day of
January of each year, to prepare, in writing, a budget estimating the sum
of money which will be necessary for the next fiscal year, to enable the
board to discharge the duties hereby imposed upon it, and to meet the
expenses of the police department, which it shall forthwith certify to
the governing body of such cities, and the budget shall itemize purposes
of expenditure by organization units, activities, functions, and
character classes in not less detail than "personal services",
"contractual services", "commodities", and "capital outlays", and shall
in any event be prepared in form and detail similar to the form and
detail in which budgets for the various departments of such city
government are prepared. The governing body of the cities is hereby
required to appropriate the total amount so certified, payable out of the
revenue of the cities after first having deducted the amount necessary to
pay the interest on the indebtedness of the cities, the amount necessary
for lighting the city, and any sum required by law to be placed to the
credit of the sinking fund of the cities, and if the board shall be
required to call out extra police force and the expense thereof shall not
have been contemplated in their estimate for the fiscal year during which
the extra police force is called out, it shall immediately certify the
expense of such additional force, and the additional amount so required
shall be appropriated for that purpose, except that in no event shall the
governing body of the cities be required to appropriate for the use of
the police board in any fiscal year an amount in excess of one-fifth of
the general revenue fund of such year. (RSMo 1939 § 7676, A.L. 1943 p.
727 § 7675, A.L. 1958 2d Ex. Sess. p. 152)

Prior revisions: 1929 § 7515; 1919 § 8926; 1909 § 9778

(1955) All revenue of the city, including that devoted to special
purposes by charter provision or ordinance, must be used in reckoning
one-sixth of the fund as specified by this section unless the charter
provisions or ordinances so devoting the revenues were enacted pursuant
to constitutional or statutory authority. Spink v. Kemp, 365 Mo. 368, 283
S.W.2d 502.

Out of the amount of money appropriated by the governing body of
such cities to meet the expense of the police department for the ensuing
fiscal year, the police board shall, on or before May first of each year,
adopt a budget for the police department for the ensuing fiscal year.
Said budget shall itemize purposes of expenditure by organization units,
activities, functions, and character classes in not less detail than
"personal services", "contractual services", "commodities", and "capital
outlays". Such budget, when adopted and certified by the board, shall be
the authorization of expenditures for the purposes set forth therein. No
transfer from one character classification of expenditure in the board
budget to another character classification shall be made without the
approval of said board. A copy of said budget and notice of subsequent
transfers shall be deposited with the chief of police and the secretary
of the police board and copies thereof shall be prepared and available to
the public upon request. (L. 1943 p. 727 § 7675)

No order or voucher which involves a commitment to expend money
shall be issued unless it bears the signature of the secretary of the
board certifying that a sufficient unexpended and unencumbered
appropriation balance remains in the amount appropriated for such purpose
in the board budget. Any order or voucher not so certified shall be void
and shall not be paid. (L. 1943 p. 727 § 7675)

1. No officer or employee of police departments of such cities
shall, during any fiscal year, spend any money, incur any liability, or
enter into any contract which by its terms incurs the expenditure of
money for any purpose for which no appropriation is provided in the board
budget or in excess of the amount appropriated by the board for any such
purpose.

2. Any officer or employee violating the provisions hereof shall
immediately be removed from office, and liable for the amount of such
claim. (L. 1943 p. 727 § 7675)

The common council or municipal assembly of said cities shall
have no power or authority to levy or collect any taxes or appropriate
any money for the payment of any police force, other than that organized
and employed under sections 84.350 to 84.860. No officer or servant of
the mayor or the common council or municipal assembly of said cities
shall disburse any money for the payment of any police force other than
that organized and employed under sections 84.350 to 84.860, and the
power of said mayor and common council or municipal assembly to
appropriate and disburse money for the payment of the police force
organized and employed under sections 84.350 to 84.860 shall be exercised
as in these sections directed and not otherwise. (RSMo 1939 § 7676, A.L.
1943 p. 727 § 7675)

1. The secretary of the police board, as agent of the board, is
hereby authorized to requisition semimonthly upon the chief finance
officer of the city such sum, within the limits of the annual
appropriation, as may be necessary for that period, which sum shall be
allocated by said officer and placed to the credit of the police
department hereby created.

2. All claims against the police department shall be approved for payment
by the secretary of the board before payment thereof. No claim shall be
certified by the secretary as being entitled to payment unless:

(1) Such claim is a valid claim against the department;

(2) The chief of police or a division head shall have furnished proof as
to the receipt of the materials or performance of the service involved
and as to other facts establishing the liability of the department;

(3) All such claims, payrolls, and bills shall have been examined by him
and found to be in proper form and correctly computed.

3. Payrolls for salaries or compensation shall also bear the certificate
of the chief, or the proper officer at the direction of the chief, that
the names of the persons named therein appear in the personnel records as
officers or employees of such police department.

4. The claims, when so certified, shall be paid by the proper disbursing
officer of the city within ten days after being certified out of any
moneys in the city treasury not appropriated to the specific purposes
enumerated in section 84.730. The amount of the claims and salary rolls
so certified shall not exceed, in any one year, the limitations set forth
in section 84.730. The chief finance officer or other disbursing officer
of the city shall in no wise be held liable, either personally or
officially, for the payment of any claims which are properly certified by
the police department to them for payment, and it shall not be their
responsibility to pass upon the validity of the claims so properly
certified to them. (RSMo 1939 § 7677, A.L. 1943 p. 727 § 7676, A.L. 1958
2d Ex. Sess. p. 152)

Prior revisions: 1929 § 7516; 1919 § 8927; 1909 § 9779

The board shall cause a full journal of their proceedings to be
kept, and shall also cause all their receipts and disbursements of money
to be faithfully entered in books to be procured and kept for that
purpose, and said journal, and all said books, and all other documents in
possession of said board, shall always be open to the inspection of the
general assembly of the state of Missouri or any committee appointed by
it for that purpose. It shall be the duty of the board to report to the
common council or municipal assembly of the said city at each annual
session thereof, the number and expenses of the police force employed by
it under sections 84.350 to 84.860, and all such other matters as may be
of public interest, in connection with the duties assigned it by sections
84.350 to 84.860. (RSMo 1939 § 7678, A.L. 1943 p. 727 § 7677)

Prior revisions: 1929 § 7518; 1919 § 8929; 1909 § 9781

The members of the police force may, by assessment or monthly
dues, maintain any police relief association incorporated by them under
the laws of Missouri, for the purpose of rendering assistance to sick or
injured members, or, in case of the death of any member, to the widow and
children, if any. (RSMo 1939 § 7679, A.L. 1943 p. 727 § 7678)

Prior revisions: 1929 § 7529; 1919 § 8940; 1909 § 9792

The board may assist in the maintenance of such police relief
association, by causing to be paid into the treasury thereof, all
unclaimed money that may come into the hands of the police, the proceeds
of sale of unclaimed property remaining in the hands of the police at the
end of each fiscal year; provided, that the treasurer or other officers
of such relief association, into whose hands such money may be placed,
shall be required to give a good and sufficient bond to the city for
securing the same. (RSMo 1939 § 7680, A.L. 1943 p. 727 § 7679)

Prior revisions: 1929 § 7530; 1919 § 8941; 1909 § 9793

The board may, in its discretion, make special provisions for
policemen and officers who have grown old in the service, or those
crippled while in the discharge of their duties so as to unfit them for
active work, by assigning them to special duty at a proper salary or by
making other such provisions as may be just and legal. (RSMo 1939 § 7681,
A.L. 1943 p. 727 § 7680)

Prior revisions: 1929 § 7523; 1919 § 8934; 1909 § 9786

1. No person shall solicit orally, or by letter or otherwise, or
shall be in any manner concerned in soliciting, any assessment,
contribution, or payment for any political purpose whatsoever from any
officer or employee in the service of the police department for such
cities or from members of the said police board. No officer, agent, or
employee of the police department of such cities shall permit any such
solicitation in any building or room occupied for the discharge of the
official duties of the said department. No officer or employee in the
service of said police department shall directly or indirectly give, pay,
lend, or contribute any part of his salary or compensation or any money
or other valuable thing to any person on account of, or to be applied to,
the promotion of any political party, political club, or any political
purpose whatever.

2. No officer or employee of said department shall promote, remove, or
reduce any other official or employee, or promise or threaten to do so,
for withholding or refusing to make any contribution for any political
party or purpose or club, or for refusal to render any political service,
and shall not directly or indirectly attempt to coerce, command, or
advise any other officer or employee to make any such contribution or
render any such service. No officer or employee in the service of said
department or member of the police board shall use his official authority
or influence for the purpose of interfering with any election or any
nomination for office, or affecting the result thereof. No officer or
employee of such department shall be a member or official of any
committee of any political party, or be a ward committeeman or
committeewoman, nor shall any such officer or employee solicit any person
to vote for or against any candidate for public office, or "poll
precincts" or be connected with other political work of similar character
on behalf of any political organization, party, or candidate. All such
persons shall, however, retain the right to vote as they may choose and
to express their opinions on all political subjects and candidates.

3. No person or officer or employee of said department shall affix any
sign, bumper sticker or other device to any property or vehicle under the
control of said department which either supports or opposes any ballot
measure or political candidate.

4. No question in any examination shall relate to political or religious
opinions or affiliations, and no appointment, transfer, layoff,
promotion, reduction, suspension, or removal shall be affected by such
opinions or affiliations.

5. No person shall make false statement, certification, mark, rating, or
report with regard to any tests, certificate, or appointment made under
any provision of sections 84.350 to 84.860 or in any manner commit or
attempt to commit any fraud preventing the impartial execution of this
section or any provision thereof.

6. No person shall, directly or indirectly, give, render, pay, offer,
solicit, or accept any money, service, or other valuable consideration
for or on account of any appointment, proposed appointment, promotion to,
or any advancement in, a position in the service of the police
departments of such cities.

7. No person shall defeat, deceive, or obstruct any person in his right
to examination, eligibility, certification, appointment or promotion
under sections 84.350 to 84.860, or furnish to any person any such secret
information for the purpose of affecting the right or prospects of any
person with respect to employment in the police departments of such
cities.

8. Any officer or any employee of the police department of such cities
who shall be found by the board to have violated any of the provisions of
this section shall be discharged forthwith from said service. It shall be
the duty of the chief of police to prefer charges against any such
offending person at once. Any member of the board or of the common
council of such cities may bring suit to restrain payment of compensation
to any such offending officer or employee and, as an additional remedy,
any such member of the board or of the common council of such cities may
also apply to the circuit court for a writ of mandamus to compel the
dismissal of such offending officer or employee. Officers or employees
discharged by such mandamus shall have no right of review before the
police board. Any person dismissed or convicted under this section shall,
for a period of five years, be ineligible for appointment to any position
in the service of the police department of such cities or the municipal
government of such cities. Any persons who shall willfully or through
culpable negligence violate any of the provisions of this section may,
upon conviction thereof, be punished by a fine of not less than fifty
dollars and not exceeding five hundred dollars, or by imprisonment for a
time not exceeding six months, or by both such fine and imprisonment.
(RSMo 1939 § 7682, A.L. 1943 p. 727 § 7681, A.L. 1988 H.B. 1304)

(1984) The provision of this section prohibiting political contributions
by officers or employees of the Kansas City Police Department is not
preempted by the Federal Election Campaign Act Amendments of 1974, and
does not violate the first amendment, even as applied to campaigns for
federal offices. Reeder v. Kansas City Board of Police Commissioners (8th
Cir.) 733 F.2d 543.

(1986) This section upheld against constitutional challenge under equal
protection clause. Reeder v. Kansas City Board of Police Commissioners,
796 F.2d 1050 (8th Cir. 1986).

The board of such cities shall at least three months before the
close of the fiscal year, provide that a certified audit of the police
department's accounts for the current year be made by an independent firm
of certified accountants, experienced and qualified in municipal and
governmental auditing. The firm shall be selected by the board with the
approval of the city's mayor. Such audit shall be complete and general in
scope, and report of such audit shall be completed and published within
sixty days after the close of such fiscal year, and one copy shall be
filed with the public library of such cities. (L. 1943 p. 727 § 7682,
A.L. 1993 S.B. 250)

The police may contract with the municipal government of such
cities for the performance of any of the following functions: Purchasing,
building maintenance and auditing, which functions are common to the two
authorities. (L. 1943 p. 727 § 7683)

Any officer or servant of the mayor or common council or
municipal assembly of the said cities, or other persons whatsoever, who
shall forcibly resist or obstruct the execution or enforcement of any of
the provisions of sections 84.350 to 84.860 or relating to the same, or
who shall disburse any money in violation thereof, or who shall hinder or
obstruct the organization or maintenance of said board of police, or the
police force provided in said sections to be organized and maintained, or
who shall maintain or control any police force other than the one herein
provided for, or who shall delay or hinder the due enforcement of said
sections by failing or neglecting to perform the duties therein imposed
upon him, shall be liable to a penalty of one thousand dollars for each
and every offense, recoverable by the board by action at law in the name
of the state, and shall forever thereafter be disqualified from holding
or exercising any office or employment whatsoever under the mayor or
common council or municipal assembly of said cities, or under said
sections; provided, however, that nothing in this section shall be
construed to interfere with the punishment, under any existing or any
future laws of this state, or any criminal offense which shall be
committed by the said parties in or about the resistance, obstruction,
hindrance, conspiracy, combination or disbursement aforesaid. (RSMo 1939
§ 7654, A.L. 1943 p. 727 § 7655)

That the board of police commissioners in cities of one hundred
thousand inhabitants and over shall grant each and every metropolitan
police officer, in active service, twenty-four days a year. (RSMo 1939 §
7585)

Prior revisions: 1929 § 7442; 1919 § 8850; 1909 § 9699

No deduction shall be made from the salary of any police officer
on account of the aforesaid holidays. (RSMo 1939 § 7586)

Prior revisions: 1929 § 7443; 1919 § 8851; 1909 § 9700

Upon the taking effect of section 84.870, the board of police
commissioners of all cities of one hundred thousand inhabitants and over
shall make an order instructing the chief of police to set apart the days
in each month each police officer is entitled to under section 84.870.
(RSMo 1939 § 7587)

Prior revisions: 1929 § 7444; 1919 § 8852; 1909 § 9701

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