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Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 57

Effective - 28 Aug 1998 bottom

  57.275.  Dismissal of deputies, procedure. — 1.  Any full-time deputy sheriff upon dismissal shall be furnished with a written notice of the grounds for the dismissal.  Upon receipt of the written grounds for the dismissal, the deputy sheriff may request a hearing.  The request must be made to the sheriff, in writing, within three working days of receipt of the grounds for dismissal.  Such hearing shall take place before the hearing board to be appointed by the sheriff.  The sheriff shall schedule a closed hearing within a reasonable time but within thirty days after the written request was received by the sheriff.  A written report of the facts determined during the hearing shall be forwarded to the sheriff.  The sheriff will review the findings, and has the final decision-making authority.  Any law enforcement agency shall be deemed to be in compliance with this section if the agency:

  (1)  Has published and distributed department policies and procedures which include provisions for dismissal of deputy sheriffs or other employees;

  (2)  Provides a deputy sheriff who has been dismissed written notification of the grounds for the dismissal;

  (3)  Allows the officer to request and have a hearing; and

  (4)  Provides the officer with written results of such hearing.

  2.  The procedural requirements created pursuant to this section shall not be interpreted as creating any new substantive due process rights.  Nothing in this chapter shall be interpreted as conferring or creating an employment status for deputy sheriffs other than at-will status and nothing in this chapter shall be interpreted as depriving any person of any rights which are conferred as a matter of employment, including postemployment benefits such as workers' compensation and unemployment compensation.

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(L. 1998 S.B. 659)

(2004) Mandated hearing is not a contested case subject to judicial review under the Administrative Procedure Act.  McCoy v. Caldwell County, 145 S.W.3d 427 (Mo.banc).


---- end of effective   28 Aug 1998 ----

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@02:27:21.5 5 :)