Section 106.273

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 106

Effective - 28 Aug 2013   

  106.273.  Removal of chief law enforcement officer, when. — 1.  For the purposes of this section, the following terms shall mean:

  (1)  "Chief", any nonelected chief law enforcement officer of any political subdivision;

  (2)  "Just cause", exists when a chief:

  (a)  Is unable to perform his or her duties with reasonable competence or reasonable safety as a result of a mental condition, including alcohol or substance abuse;

  (b)  Has committed any act, while engaged in the performance of his or her duties, that constitutes a reckless disregard for the safety of the public or another law enforcement officer;

  (c)  Has caused a material fact to be misrepresented for any improper or unlawful purpose;

  (d)  Acts in a manner for the sole purpose of furthering his or her self-interest or in a manner inconsistent with the interests of the public or the chief's governing body;

  (e)  Has been found to have violated any law, statute, or ordinance which constitutes a felony; or

  (f)  Has been deemed insubordinate or found to be in violation of a written established policy, unless such claimed insubordination or violation of a written established policy was a violation of any federal or state law or local ordinance.

  2.  A chief shall be subject to removal from office or employment by the appointing authority or the governing body of the political subdivision employing the chief if:

  (1)  The governing body of the political subdivision employing the chief issues a written notice to the chief whose removal is being sought no fewer than ten business days prior to the meeting at which his or her removal will be considered;

  (2)  The chief has been given written notice as to the governing body's intent to remove him or her.  Such notice shall include:

  (a)  Charges specifying just cause for which removal is sought;

  (b)  A statement of facts that are alleged to constitute just cause for the chief's removal; and

  (c)  The date, time, and location of the meeting at which the chief's removal will be considered;

  (3)  The chief is given an opportunity to be heard before the governing body, together with any witnesses, evidence and counsel of his or her choosing; and

  (4)  The governing body, by two-thirds majority vote, finds just cause for removing the chief.

  3.  Upon the satisfaction of the removal procedure under subsection 2 of this section, the chief shall be immediately removed from his or her office, shall be relieved of all duties and responsibilities of said office, and shall be entitled to no further compensation or benefits not already earned, accrued, or agreed upon.

  4.  Any chief removed pursuant to subsection 3 of this section shall be issued a written notice of the grounds of his or her removal within fourteen calendar days of the removal.

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(L. 2013 H.B. 307)