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Chapter 84

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  84.490.  Chief of police — tenure — removal or demotion — acting chief. — 1.  The chief of police shall serve during the pleasure of the board, except that such chief shall only be removed, suspended, or demoted for cause.  For purposes of this section, cause may include the following reasons:

  (1)  The chief 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;

  (2)  The chief 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;

  (3)  The chief has caused a material fact to be misrepresented for any improper or unlawful purpose;

  (4)  The chief has acted 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;

  (5)  The chief has been found to have violated any law, statute, or ordinance which constitutes a felony; or

  (6)  The chief 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.  In case the board determines to remove, suspend, or demote the chief of police, he shall be notified in writing.  Within ten days after receipt of such notice, the chief may, in writing, file with the secretary of the board of police commissioners, demand and he shall receive a written statement of the reasons for such removal, suspension, or demotion, and a hearing thereon at a public meeting of the board within ten days after the chief files such notice.  The chief may be suspended from office pending such hearing.  The action of the board in suspending, removing or demoting the chief of police shall be final.

  3.  The board may, in case of and during the absence or disability of the chief, designate a qualified police officer who shall serve as acting chief and perform the duties of the office.  No man shall serve as acting chief who has not the qualifications required for the position of chief.

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(L. 1943 p. 727 § 7657, A.L. 2013 H.B. 307)


---- end of effective   28 Aug 2013 ----

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