Section 84.020

Title VII CITIES, TOWNS AND VILLAGES

Chapter 84

Effective - 26 Mar 2025, 2 histories, see footnote   

  84.020.  Board of police commissioners — members — officers — member qualifications, appointment — removal for cause — quorum — powers and duties. — 1.  In all cities not within a county, there shall be, and is hereby established, within and for said cities, a board of police commissioners, to consist of four citizen commissioners, as provided in sections 84.040 to 84.080, to be the governing body of the permanent police force pursuant to section 84.100, together with the mayor of said cities for the time being, or whosoever may be officially acting in that capacity, and said board shall annually appoint one of its members as president, one member who shall act as vice president, and one member who shall act as board secretary; and such president or vice president shall be the executive officer of the board and shall act for it when the board is not in session.

  2.  The board shall consist of six commissioners, one of whom is the mayor of a city not within a county, four citizen commissioners, and one nonvoting commissioner.  The nonvoting commissioner shall be a resident of a city not within a county or shall be a resident of any county of this state that adjoins the city limits of a city not within a county and who owns real property within a city not within a county and pays taxes on such real property.  The nonvoting commissioner shall not vote on matters before the commission, but may be counted for purposes of establishing a quorum and discussion, including discussion in any closed meeting of the board.  Each citizen commissioner shall be a resident of a city not within a county for no less than two years preceding his or her appointment.  Except for the mayor, no commissioner shall be nominated for or hold any other elective or appointed political office.  If any citizen commissioner is nominated for or elected to any elective or appointed political office, such commissioner shall forfeit the appointment and shall immediately vacate his or her office.  The mayor of a city not within a county shall automatically be a member of the board, while the remaining commissioners, including the nonvoting commissioner, shall be appointed by the governor, with the advice and consent of the senate.

  3.  Any member of the board, except for the mayor of a city not within a county, may be removed for cause with the approval of a majority of the other board members, but such member shall first be presented with a written statement of the reasons for removal and shall have the opportunity for a hearing by the board to establish cause for removal.  The decision for removal of a board member is final.  However, the removed member may appeal their removal to the twenty-second judicial circuit court.

  4.  A majority of the board shall constitute a quorum for the transaction of business, but no action shall be taken by the board or deemed valid unless three concurring votes are cast.

  5.  The board shall have the power to summon and compel the attendance of witnesses before the board and to compel the production of documents and other evidence, whenever necessary in the discharge of its duties, and shall have the power to administer oaths or affirmations to any person appearing or called before it.

  6.  The board shall have the following powers and duties:

  (1)  To receive input from the chief of police, in order to formulate and approve policies governing the operation and conduct of the permanent police force pursuant to section 84.100;

  (2)  To appoint as a chief of police any person who shall be responsible to the board for proper execution of the policies, duties, and responsibilities established by the board for the administration of the police department, including making recommendations to the board on employment and discipline of the commissioned and civilian employees of the police force, and to remove the chief of police pursuant to section 106.273;

  (3)  To hear and determine appeals from the decisions of the chief of police on disciplinary matters arising in the department, pursuant to section 590.502; however, at the time of the effective date of this act^* and until such time as the board adopts other investigative and disciplinary policies and procedures not inconsistent with section 590.502, discipline and investigative procedures for commissioned and civilian employees of the police force shall be regulated by rule 7 of the police manual of the police department in effect as of November 4, 2013; except that, where rule 7 is in conflict with section 590.502, the board shall comply with the requirements of section 590.502.  Under no circumstances shall the board initially or hereafter adopt investigative and disciplinary procedures that do not include the summary hearing board procedures provided for in rule 7 of the police manual of the police department in effect as of November 4, 2013;

  (4)  To promulgate a manual of rules and regulations for the qualifications and conduct of personnel of the police department and its operation;

  (5)  To have such other powers and duties with respect to police administration and law enforcement as provided by statute;

  (6)  To regulate and license all private watchmen, private detectives, and private security serving or acting in the city and no person shall act as such without first having obtained such license.  Penalties for the violation of regulations promulgated by the board under this subsection shall be prescribed by ordinance.

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(RSMo 1939 § 7689, A.L. 2025 H.B. 495)

Prior revisions: 1929 § 7541; 1919 § 8951; 1909 § 9803

Effective 3-26-25

*This "act" contained an emergency clause for certain sections, see § B, H.B. 495, 2025.