SS/HCS/HB 71 - This act modifies provisions relating to the St. Louis police force.
Under this act, no officer, employee, or representative of the St. Louis police force may engage in certain activities with a licensed dealer or private seller of firearms. These acts are punishable as a class D felony.
In addition, this act prohibits an officer or employee of a St. Louis police force from taking certain political actions. Violations may result in a fine of $50 to $500 and imprisonment of not more six months.
This act allows the City of St. Louis to establish a municipal police force, no sooner than Jan. 1, 2012, after certain conditions have been met and according to certain procedures. The terms of the commissioners of the board of police shall expire upon the establishment of the police force and several provisions of current law shall no longer apply to the city or its municipal police force, but the act shall not be construed as changing the retirement benefits provided under current law.
The municipal police force shall initially employ, without a reduction in rank, salary, or benefits, all commissioned and civilian personnel of the board of police commissioners.
The residency rules established by the board shall apply to the commissioned and civilian personnel of the board who transfer to the new police force, but the city may enforce any residency rule for those hired after the transfer.
Under this act, the city may adopt rules for the police force, but disciplinary decisions shall be governed by the civil service commission’s rules. The commission shall issue decisions in appeals of disciplinary actions, which shall be subject to appeal.
The city must provide or contract for certain benefits. Health, medical, and life insurance must be available for purchase by the spouses or dependents of deceased retired officers and employees who receive benefits from the Police Retirement System of St. Louis.
This act requires the city to create a transition committee to coordinate and implement the transition of the police force to the city.
This act provides that the city shall not be restricted in any way in the selection of a police chief. Under this act, the police chief may require the city’s sheriff and other law enforcement officers to act under the chief’s control when needed.
This act further provides that any person who acts as a private watchman, private detective, or private policeman in St. Louis without having obtained a written license is guilty of a class A misdemeanor.
This act provides that sections 84.345 to 84.348 are nonseverable.
This act modifies the definition of "earnable compensation" and "police officer" for purposes of the St. Louis police retirement system to remove references to Section 84.160 which will expire upon passage of this act. "Earnable compensation" shall include any compensation for academic work and shift differential that may be provided by any official or board that manages the police force.
Also, the president of the board of police commissioners is removed from the board of trustees for the St. Louis police retirement system.
This act provides that in the event the state or any state official is ordered to provide state funds to St. Louis City to satisfy pension obligations for members of the Police Retirement System of St. Louis, the amount of the funds shall constitute a first lien on the funds of the city. The state treasurer and director of the department of revenue are required to withhold all money due to the city until the amount, together with interest, is satisfied.
This act is similar to SB 23 (2011) and HB 71 (2011).
SA 1 - THE CHIEF OF POLICE IS PROHIBITED FROM ENGAGING IN CERTAIN SPECIFIED POLITICAL ACTIVITIES. ANY PERSON WHO VIOLATES THE PROHIBITION FACES A $5000 PENALTY AND IMMEDIATE FORFEITURE OF HIS OR HER OFFICE. THE CITY MAY NOT PAY THE PENALTY AND THE CHIEF OF POLICE IS REQUIRED TO FILE A PERSONAL FINANCIAL DISCLOSURE STATEMENT WITH THE MISSOURI ETHICS COMMISSION.
THIS AMENDMENT PROVIDES THAT ST. LOUIS MAY ESTABLISH A POLICE FORCE ON OR AFTER JULY 1, 2011.
THE CITY IS REQUIRED TO HIRE A HEARING OFFICER TO HEAR APPEALS IN DISCIPLINARY DECISIONS THAT INVOLVE A SUSPENSION OF GREATER THAN FIFTEEN DAYS, DEMOTION, OR TERMINATION.
ALL THE PROVISIONS OF THIS ACT ARE NONSEVERABLE EXCEPT A PROVISION REQUIRING A POLICE CHIEF TO FORFEIT OFFICE IF THE CHIEF ENGAGES IN CERTAIN POLITICAL ACTIVITIES AND SECTION 84.344, WHICH RELATES TO THE PURCHASE OF GUNS AND AMMUNITION.
NO ELECTED OR APPOINTED OFFICIAL OF THE STATE OR A POLITICAL SUBDIVISION MAY INTERFERE WITH ANY MEMBER OF THE ST. LOUIS POLICE FORCE IN THE PERFORMANCE OF HIS OR HER JOB DUTIES OR IN ANY INVESTIGATION OR ELSE FACE A PENALTY OF $2,500 AND DISQUALIFICATION FROM OFFICE UNDER THIS ACT.
THIS ACT ALSO MAKES IT AN UNLAWFUL EMPLOYMENT PRACTICE TO TAKE CERTAIN ADVERSE EMPLOYMENT ACTIONS AGAINST AN EMPLOYEE OF THE ST. LOUIS POLICE FORCE FOR REPORTING THE ILLEGAL CONDUCT OF A CO-WORKER. ANY MEMBER OF THE POLICE FORCE MAY SUE FOR DAMAGES UNDER THIS PROVISION.
IN ADDITION, THIS AMENDMENT REMOVES THE MAYOR'S ABILITY TO APPOINT THREE MEMBERS TO A TRANSITION COMMITTEE. INSTEAD, THE POLICE CHIEF OF THE MUNICIPAL POLICE FORCE, THE CITY'S DIRECTOR OF PUBLIC SAFETY AND A RETIREE APPOINTED BY A POLICE OFFICER'S ASSOCIATION SHALL SERVE ON THE TRANSITION COMMITTEE.
THE MAYOR'S APPOINTMENTS TO THE ST. LOUIS POLICE RETIREMENT SYSTEM BOARD OF TRUSTEES IS DECREASED FROM THREE TO TWO UNDER THIS AMENDMENT, AND THE MAYOR IS PROHIBITED FROM APPOINTING THE POLICE CHIEF, THE CITY'S PUBLIC SAFETY DIRECTOR, OR THE PRESIDENT OF THE BOARD OF POLICE COMMISSIONERS. THE NUMBER OF RETIREES ON THE BOARD IS INCREASED FROM TWO TO THREE.
SA 1 TO SA 1 - THIS AMENDMENT CHANGES THE DATE THE POLICE FORCE MAY BE ESTABLISHED BACK TO JANUARY 1, 2012. ALSO IT REMOVES THE PROVISION PROHIBITING A POLICE CHIEF FROM WORKING ON POLITICAL CAMPAIGN OR FOR A CANDIDATE ON A VOLUNTARY BASIS.
SA 2 TO SA 1 - THIS AMENDMENT MODIFIES THE PROVISION INVOLVING THE POLITICAL ACTIVITIES OF POLICE CHIEFS.