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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CITIES, TOWNS AND VILLAGES
Chapter : Chapter 85 City Police and Fire Departments Generally
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The mayor, chief of police and members of the board of police
commissioners of any city in this state shall be governed by the same
restrictions and subject to the same penalties as a sheriff of any
county, under the provisions of section 57.117, RSMo. (RSMo 1939 § 4628)
Prior revisions: 1929 § 4239; 1919 § 3486; 1909 § 4701
*Transferred 1978; formerly 562.220
Any law enforcement officer, other than an elected sheriff or
deputy, who possesses the duty and power of arrest for violations of the
criminal laws of this state or for violations of ordinances of counties
or municipalities of this state, who is regularly employed for more than
thirty hours per week, and who is employed by a law enforcement agency of
this state or political subdivision of this state which employs more than
fifteen law enforcement officers, shall be given upon written request a
meeting within forty-eight hours of a dismissal, disciplinary demotion or
suspension that results in a reduction or withholding of salary or
compensatory time. The meeting shall be held before any individual or
board as designated by the governing body. At any such meeting, the
employing law enforcement agency shall at a minimum provide a brief
statement, which may be oral, of the reason of the discharge,
disciplinary demotion or suspension, and permit the law enforcement
officer the opportunity to respond. The results from such meeting shall
be reduced to writing. Any law enforcement agency that has substantially
similar or greater procedures shall be deemed to be in compliance with
this section. This section shall not apply to an officer serving in a
probationary period or to the highest ranking officer of any law
enforcement agency. Any law enforcement officer employed by the state
shall not be subject to the provisions of this section. (L. 1990 H.B. 948
§ 1)
CROSS REFERENCE: Due process, police on disciplinary actions, RSMo 590.500
1. After August 28, 1999, municipal fire departments may contract
with a private company to provide fire protection service only if a
majority of voters of the municipality authorize such action at a public
election.
2. The ballot of submission shall be in substantially the following form:
Shall the municipality of .......... (insert name of municipality)
contract with a private company for the provision of fire protection
service?
Yes No
3. If a majority of the votes cast on the proposal by the qualified
voters voting thereon are in favor of the proposal, then the ordinance
shall be in effect as provided in this section.
4. If a majority of the votes cast on the proposal by the qualified
voters voting thereon are opposed to the proposal, then the municipality
shall have no power to contract with any private company for the
provision of fire protection service. (L. 1999 H.B. 352 § 1)
1. Any city of the third class may by ordinance adopt a merit
system police department. Such police department shall have a chief of
police, and may have a deputy chief of police, and such number of regular
policemen of such rank or grade as may be prescribed by ordinance.
2. Any ordinance adopting the merit system police department within the
meaning of sections 85.541 to 85.571 shall include the following
provisions for the appointment, promotion, suspension, demotion or
discharge of members of the police department:
(1) A personnel board shall be created which shall be composed of not
less than three, but not more than six members;
(2) The personnel board shall be required to give examinations to
candidates for appointment or promotion and to certify lists of eligibles
to the mayor or other appointing authority;
(3) The mayor or other appointing authority shall be required to appoint
or promote from a list of eligibles so certified;
(4) All persons so appointed or promoted shall be entitled to hold office
during good behavior and efficient service;
(5) Any person suspended, demoted or discharged for misbehavior or
inefficiency shall, upon his application, be granted a public hearing
before the personnel board. (L. 1955 p. 290 § 1, A.L. 1997 H.B. 125)
1. In cities of the third class which shall not have adopted the
merit system police department provided for in sections 85.541 to 85.571,
the marshal shall be the chief of police, and there also may be one
assistant marshal, who shall serve for a term of one year and who shall
be deputy chief of police; such number of regular policemen as may be
deemed necessary by the council for the good government of the city, who
shall serve for terms of one year; and such number of special policemen
as may be prescribed by ordinance, to serve for such time as may be
prescribed by ordinance.
2. The manner of appointing the assistant marshal and all policemen of
the city shall be prescribed by ordinance. The council shall also, by
ordinance, provide for the removal of any marshal, assistant marshal or
policeman guilty of misbehavior in office. (L. 1955 p. 290 § 2)
1. In all third class cities the members of the police department
shall be conservators of the peace, and shall be active and vigilant in
the preservation of good order within the city.
2. The chief of police shall, in the discharge of his duties, be subject
to the orders of the mayor only; the deputy chief of police and all other
members of the police department shall be subject to the orders of their
superiors in the police department and the mayor only.
3. Every member of the police department shall have power at all times to
make or order an arrest with proper process for any offense against the
laws of the city or the state, and to keep the offender in the city
prison or other proper place to prevent his escape until a trial can be
had before the proper officer, unless such offender shall give a good and
sufficient bond for his appearance for trial, and shall also have power
to make arrests without process in all cases in which any offense against
the laws of the city or the state shall be committed in his presence.
Every member of the police department is also empowered to serve and
execute all warrants, subpoenas, writs or other process issued by the
judge hearing and determining municipal ordinance violation cases of the
city at any place within the limits of the county or counties within
which the city is located. Every member of the police department shall
have the power to make or order an arrest in areas leased or owned by the
municipality outside of the boundaries of such municipality.
4. It shall be the duty of the chief of police or in his absence the
deputy chief of police to collect all fines assessed for violations of
municipal ordinances if not otherwise collected and pay the same into the
city treasury. (L. 1955 p. 290 § 3, A.L. 1978 H.B. 1634, A.L. 1982 S.B.
637, A.L. 1991 H.B. 462)
Persons elected or appointed to office prior to the effective
date of sections 85.541 to 85.571 and persons elected or appointed prior
to an adoption of a merit system police department therein provided for
shall continue in office for the remainder of the term for which they
were elected or appointed. (L. 1955 p. 290 § 4)
The marshal in cities of the fourth class shall be chief of
police, and shall have power at all times to make or order an arrest,
with proper process, for any offense against the laws of the city or of
the state, and to keep the offender in the city prison or other proper
place to prevent his escape until a trial can be had before the proper
officer, unless such offender shall give a good and sufficient bond for
his appearance for trial. The marshal shall also have power to make
arrests without process, in all cases in which any offenses against the
laws of the city or of the state shall be committed in his presence.
(RSMo 1939 § 7125, A. 1949 H.B. 2034)
Prior revisions: 1929 § 6975; 1919 § 8426; 1909 § 9328
CROSS REFERENCE: Police jurisdiction over city property outside city,
RSMo 79.380
(1957) Marshal of city of fourth class has no authority under this
section to make arrests for violation of city ordinance beyond city
limits. City of Advance ex rel. Henley v. Maryland Casualty Co. (Mo.),
302 S.W.2d 28.
(1988) Police officer of fourth class city not authorized to make arrest
outside city limits even if offense committed in his presence or pursuit
began in city. City of Fredericktown v. Bell, 761 S.W.2d 715 (Mo.App.).
The police of the city may be appointed in such numbers, for such
times and in such manner as may be prescribed by ordinance. They shall
have power to serve and execute all warrants, subpoenas, writs or other
process, and to make arrests in the same manner as the marshal. They may
exercise such powers in areas leased or owned by the municipality outside
of the boundaries of such municipality. The marshal and policemen shall
be conservators of the peace, and shall be active and vigilant in the
preservation of good order within the city. (RSMo 1939 § 7126, A.L. 1990
H.B. 948, A.L. 1991 H.B. 462)
Prior revisions: 1929 § 6976; 1919 § 8427; 1909 § 9329
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