BILL NO. 406 ORDINANCE NO. 232
ORDINANCE
AN ORDINANCE RELATING TO AND PROVIDING FOR THE ESTABLISHMENT OF A POLICE DEPARTMENT AND PUBLIC SAFETY.

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BROWNING, MISSOURI, AS FOLLOWS:

Section 1: Police Department
There is hereby established a Browning Police Department:

A. Department Established. A department of the government of the City of Browning to be known as the Department of Police, is hereby created. The primary mission of the department shall be:

1. To suppress crime.
2. To protect life and property from criminal depredation.
3. The preservation of law and order.
4. The enforcement of the criminal and traffic laws of the State of Missouri and the criminal and traffic ordinances of the City of Browning, Missouri.
5. The detection and apprehension of criminal and traffic offenders.
6. The recovery of stolen property.
7. Such other duties and responsibilities as may be imposed by law.

B. General Supervision and Control. The department shall be under the control and supervision of an executive officer to be known as the Chief of Police. He shall be responsible to the Mayor and the Board of Aldermen for the efficient operation of the Department of Police.

C. Appointment. The Chief of Police shall be selected and appointed by the Mayor with the approval of the Board of Aldermen.

D. The Chief of Police shall have the same qualifications as other
Police Officers and shall be subject to call 24 hours a day.

E. Removal Chief of Police may be removed from office at any time with cause by majority vote of the elected Board of Aldermen.

Section 2: Duties of Marshal Performed by Chief.
The terms "City Marshal" and "Marshal" where appearing in the Ordinances of the City of Browning are hereby deemed to mean "Chief of Police" as provided by law and more particularly by Section 79.050 RSMo, 1978.

Section 3: Chief of Police. Authority.
The Chief of Police is the director of the police department. He shall have immediate and direct control of the department, subject to the supervision of the mayor, and subject to such other rules, regulations and orders as the mayor may prescribe. He shall promulgate and enforce order, rules and regulations (consistent with this Ordinance and with the rules, regulations and orders of the mayor) for the efficient operation of the police department.

Section 4: Chief of Police, duties.
The Chief of Police shall devote his entire time to the discharge of his official duties. At such time or times as the Chief of Police shall be unable to devote his entire time to the discharge of his official duties, he shall appoint an acting chief of police and the mayor shall be so notified.

The Police Chief and all Police Officers shall have all the duties and powers given to a Marshal of a fourth class city or any other Police Officer by Statute or Ordinance of the city.

The Chief of Police shall:
a. Appoint such police as may be authorized by Board of Aldermen, which
appointments shall be approved by a majority of the elected members of the
Board of Aldermen.
b. He shall fix the hours of duty for all Police Officers.
c. He shall supervise all Police and give special attention that the Police are enforcing the Ordinances of the City and following the Rules for Police as
promulgated by the Board of Aldermen.
d. He shall see that all equipment used by Police is in proper shape and shall cause minor repairs not to exceed $100.00 to be made, all major repairs
needed shall be reported to the Board for their action.

All Police Officers including the Chief of Police shall have the power at all times to make or order an arrest, with proper process, for any offense against an Ordinance committed in the presence of the Officer, 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. All of such officers shall at all times have the power to make arrests without process, in all cases in which any offenses against the laws of the City or the State shall be committed in his presence. All Officers shall deliver all notices or other matter of the City when delivered to them by the Mayor, City Clerk or City Attorney and make return and serve such process thereon. The Police shall at all times comply with the Rules for
Police promulgated by the Board of Aldermen.

Section 5: Acting Chief of Police: Appointment of
In the event that the Chief of Police, through illness or an emergency or by reason of vacation is not available, the Mayor shall appoint either another Officer or some other reputable person as acting Chief of Police to have the same powers as the appointed Chief. Such acting Chief shall receive the same pay as the regular Chief for the time he is acting Chief, to be deducted from the regular Chiefs salary, except such time as the regular Chief is on vacation or sick leave during which time the City shall pay his salary based on what the Chief receives.

Section 6: Special Policemen: Appointment of
In the event any Police Officer by reason of illness or other emergency should be unable to perform his duties, the Chief of Police may appoint a special Policeman to perform the duties of such Officer until such time as the Officer returns to duty. The Officer so appointed shall receive the same compensation as the Officer whose place he is taking. Such appointment need not be approved by the Board until a regular meeting of the Board when the appointment shall be submitted for approval. The Chief of Police may with the
consent of the Mayor appoint special Policemen to assist in parades and other matters where additional Police are needed. Such Police shall be paid such sums as may be designated by the Board of Aldermen in advance.

Section 7: Patrolmen. assignments
Assignment of a patrolman is at the discretion of the Chief of Police, subject to the directions of the mayor. For the purpose of this chapter, all police (including the chief) are considered patrolmen.

Section 8: Patrolmen. duties
Each patrolman shall:
1. be familiar with every part of the town, observing anything unusual to assist in the prevention of crime.
2. examine all doors and windows of commercial and industrial buildings at night and report any that are not properly secured to the owner thereof.
3. report whenever he has reasonable grounds to suspect that any building or part thereof is being used in violation of the law or is the resort for persons of known bad character and be prepared to give information relative to the nature of business conducted by the firms on his beat.
4. notify the Linn County Sheriffs Department when he reports for duty in the City and when he goes off duty either by radio or telephone. If the officer is unable to contact the Linn County Sheriffs Department then he is to contact the Mayor with the same information.
5. enforce all traffic ordinances in addition to his other duties.
6. observe and report all violations of city ordinances and state law.
7. be responsible for the care and operation of the vehicle assigned to him.

Section 9: Investigation. Suspension and Dismissal
The Chief of Police shall have the authority to:
1. Investigate all charges brought against any member of the police department or employee thereof.
2. To suspend members of the police department without pay for disciplinary reasons upon majority vote of the elected Board of Aldermen.
3. To dismiss any member of the police department who has not served over one year and any civilian employee of the police department who has not served over six months without any right of hearing to the party dismissed upon majority vote of the elected Board of Aldermen.
4. To dismiss any permanent member of the police department, which dismissed employee shall have a right to a hearing as set out in Section 11 upon majority vote of the elected Board of Aldermen.

Section 10: Standards of Conduct.
Any of the following is sufficient cause for the suspension or discharge of any member of the Police Department:
1. For drinking intoxicating liquor while on duty or in uniform.
2. For intoxication while either on or off duty.
3. For willful disobedience to any order lawfully issued on him.
4. For disrespect shown to the mayor or an alderman.
5. For incompetency, in the performance of his duties.
6. For neglect of duty.
7. For making known any investigation or proposed movement of the department to any person not a member of the department or the Board of Aldermen, or for discussing the affairs of the department with any person not a member of the department or the Board of Aldermen.
8. For unnecessary and unwarranted violence to a prisoner.
9. For cowardice or for lack of energy which may be construed as either incompetency or gross neglect of duty.
10. For sleeping while on duty.
11. For violating any of the rules, regulations, or orders of the department or of the mayor, same shall be in writing.
12. For indecent, profane or harsh language while on duty or in uniform.
13. For absence without leave.
14. For conduct unbecoming an officer or a gentleman, whether on duty or off duty.
15. For conduct detrimental to the good order and discipline of the department.
16. For careless handling of city property, either fixed or moveable.
17. For conviction of any felony.
18. For repeated violation of city ordinances.
19. For failure to cooperate with the city prosecutor in the preparation or trial of any case, or for unauthorized disclosure of information or for providing assistance to a defendant or defense counsel in any legal action brought by the city.
20. For loss of firearm or other dangerous weapon while on duty.

Section 11: Police Disciplinary Hearing Board
There is hereby created a Police Disciplinary Hearing Board. Such board shall consist of the mayor and the members elected to the Board of Aldermen. No member of the police department, except the Chief of Police, who has served more than one year shall be removed from the police department without cause. Within ten days after receiving written notice from the Chief of Police of such removal, any member of the police department so removed, who has served more than one year, may request hearing, public or private, before the Police Disciplinary Hearing Board, and such request shall be made in writing to
the City Clerk. If no such request is received in writing by the City Clerk, who shall serve as recorder, within the time allowed herein, such right of hearing shall be deemed waived and the removal shall be final. Upon receipt of notice of such request for hearing the Chief of Police, with reasonable dispatch, shall prefer written charges with the aforementioned police disciplinary hearing board stating the reasons for such removal and the City Clerk shall promptly give such person so removed due notice of the charges and the time and place of the hearing. On the hearing of a person so removed from the police department, the police disciplinary hearing board may sustain such removal, or may reinstate such person as a member of the police department, with or without pay, demotion in rank, or suspension without pay, as it may deem just and proper. Four (4) members of the police disciplinary hearing board shall constitute a quorum and any decision or action of the board
shall require the concurrence of at least three (3) members of a quorum present. The City Clerk shall have the power to issue subpoenas for witnesses and the production of documents and, by the direction of the Mayor and Board of Aldermen, compulsory process to compel the attendance of persons and the production of evidence before said board at the trial of the member so removed on such charged, and to administer necessary oaths. The findings and conclusions of the police disciplinary hearing board and its hearing shall
not be governed by legal rules of evidence or other rules governing trials by judicial bodies. Any judicial review of such administrative action shall be limited to determining, on the basis of the record of such hearing; whether there was substantial basis for the action taken or whether such action was arbitrary or capricious.

Section 12: Conduct and Deportment
All members of the department shall be quiet, civil, and orderly in their conduct and deportment, and shall at all times be attentive and zealous in the discharge of their duty, controlling their temper and exercising the utmost patience and discretion. They shall answer any questions put to them with all possible correctness and courtesy (not in a short or careless manner), avoiding at all times unnecessary conversation or argument.

Section 13: Disturbances
Any member of the department shall go instantly to the scene of any disturbance or breach of the peace occurring within his vicinity, use his best effort to restore peace and quiet, making such arrests as may be necessary, and notify and make necessary reports to the police department.

Section 14: Truthfulness of Members
All members of the department are required to speak the truth at all times, and under all circumstances, whether under oath or not. If forbidden by the rules of the department to divulge information, they will state "No Comment."

Section 15: Members to Give Names
Any member of the department, when called upon to do so by any person under any circumstances, shall give his name in a respectful and courteous manner.

Section 16: Bearing
No member of the department shall lean upon or place his foot upon a car while issuing a summons.

Section 17: Cooperation
Every member of the department is expected to discharge his duties with coolness and firmness in all cases; and in times of extreme peril all available officers shall act together and assist and protect each other in restoring peace and order. Anyone shirking his duty in case of danger or responsibility in an emergency shall be considered unworthy of a place in the department, and may be discharged.

Section 18: Members use Judgment
All members of the department shall be particularly careful not to interfere officiously or unnecessarily in the private business of any person, but when required to act in the discharge of their duty shall do so with energy and decision, and in the proper exercise of their authority they will receive the fullest support of the department.

Section 19: Testimony
Officers shall appear in court on any case in which they are witnesses. If duty demands their absence from the Municipal Court (Police Court), they shall report the matter to the Chief of Police in order that the case may be continued. Officers on the witness stand, in response to questions asked, will state in clear and distinct words, truthfully, all they know regarding a matter, without fear or reservation and without any desire or design to influence
the result.

Section 20: Members Will Be Familiar with Rules. Etc.
Each member of the department will be furnished with a copy of any rules, regulations, and orders issued by the Chief ot Police or the Mayor, which he shall keep in his possession, and with which he shall be familiar with at all times.

Section 21: Uniform
Every member of the department shall wear the uniform as the Chief of Police may from time to time prescribe. The uniforms will be purchased by and remain the property of the officer. They shall, when on duty, carry such equipment as the Chief of Police may prescribe or adopt and when in uniform, keep their badge always in sight.

Section 22: Uniform. When Off Duty
No member of the department shall ever wear his uniform or any part of it when off duty, except with the express permission of the Chief of Police.

Section 22.1: Uniform. Care of Uniform and Equipment
All members of the department will be required to be neat in appearance and keep their uniforms and equipment in good condition and in perfect order and repair.

Section 23: Restrictions Applying to Suspended Officers
No members of the department shall wear his uniform or carry a firearm within the city limits of the City of Browning while under suspension for any cause; and such member shall immediately surrender his badge and police identification to the Chief of Police when notified of his suspension.

Section 24: Duty Hours
Although certain hours are required for the performance of duty of ordinary occasions, members must be prepared at all times to act immediately on notice that their service is required. Members of the department shall be considered as always on duty for the purpose of discipline. The hours of duty will be regulated by the Chief of Police.

Section 25:
Police officers are not to use city owned police vehicles except in the discharge of their duties. Police vehicles are not available for personal use. City owned police vehicles shall not be used for transportation of citizens except in the discharge of official police business.

Section 26: Duty to Preserve Peace
Although regular hours of duty shall be assigned to all members of the department, it shall be the duty of every officer of the department, at all times, day or night, within the city, to preserve the public peace, protect the rights of person and property, guard the public health, preserve order at all elections and public assemblies; prevent and remove, if possible, nuisances on and in all streets, highways, areas, alleys, and other places, and enforce the criminal law of the State of Missouri and the ordinances of the City of Browning.

Section 27: Use of Unnecessary Violence Toward Prisoners
No officer shall willfully mistreat or use unnecessary violence toward any person, prisoner, or otherwise. He shall not strike any prisoner except as a last resort in an effort to overcome resistance or prevent escape. An officer shall not shoot at a fleeing person or any escaping prisoner unless he has probable cause to believe that such person has committed a felony.

Section 28: Qualifications for Police Officers
All full-time police officers employed by the city shall be between the ages of twenty-one (21) years of age and sixty-five (65) years of age. They shall be of good moral character and shall not have been convicted of any felony. They shall be able to write legibly and shall furnish at least three good character references. Any of these qualifications may be waived by the Board of Aldermen by resolution.

Section 29: Police Certification
That the City of Browning, Missouri, does hereby accept the provisions of Section 590.150 inclusive of RSMo 1979 requiring the Police Officers of the City to be Certified.

Section 30: Participation in North Central Missouri Maior Case Squad
That the City of Browning participate in the formation of a Major Case Squad with other governmental units located in CaIdwell, Daviess, Grundy, Harrison, Linn, Livingston, Mercer, Sullivan and Putnam Counties, to be known and designated as the NORTH CENTRAL MISSOURI MAJOR CASE SQUAD.

That the Mayor of the City be, and hereby is, authorized and directed on behalf of the City to execute any and all documents necessary in order to form and participate in such a Major Case Squad pursuant to Section 70.835, RSMo.

That this ordinance is necessary for the immediate protection of the public safety.

Section 31: Definitions
Unless otherwise designated, or unless the context requires a different definition or application, the definition or application of legal terms or phrases shall be as defined or applied by state statute or rules of court.

Section 32: Repeal of Conflicting Ordinances
That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

Section 33: Effective Upon Passage
That this ordinance shall be in full force and effect from and after its passage.

PASSED AND APPROVED this 10th day of Oct. 1996.

Eldon W. Head (signature)
Eldon Head, Mayor

ATTEST:
Nancy Smith (signature)
Nancy Smith, City Clerk
(SEAL)