Mo. Code Regs. tit. 17 § 20-2.125
Current through Register Vol. 49, No. 18, September 16, 2024
Section 17 CSR 20-2.125 - Complaint/Disciplinary ProceduresPURPOSE: The St. Louis Board of Police Commissioners has established rules of conduct and the procedures for the investigation of and the discipline for breaches of these rules.
(1) Complaints. Investigation of complaints against a licensed private security officer will be handled by the private security section. The results of the investigation will be forwarded in the form of a report with recommendations through the chain of command to the board of police commissioners. The board will render a judgment concerning disciplinary action. The individual concerned and his/her employer will be informed by the private security section of all decisions made by the board of police commissioners.(2) Reprimands. In instances of misconduct not sufficiently serious to merit suspension or revocation of a license, the license holder may be reprimanded orally or in writing. Any violation of the provisions in these rules may be grounds for a reprimand. Reprimands will be a factor considered upon a licensee's application for a renewal of license or upon the occasion of any later disciplinary action. There is no appeal from a reprimand.(3) Suspension. In instances where a private security officer is arrested for a felony or a serious misdemeanor, the commander or watch commander of the district or any officer acting in that capacity will administratively suspend the private security officer. (A) In instances where a private security officer is arrested for a crime or ordinance violation, not a felony, and depending on the situation, the commander or watch commander of the district or any officers acting in that capacity has the choice of administratively suspending the private security officer or contacting the commander of the private security section, who will determine whether or not the private security officer is to be suspended. If unable to contact the commander of the private security section, the report of the incident will be forwarded to the private security section at the earliest opportunity.(B) Whenever a licensed private security officer is administratively suspended it will be required that the private security officer surrender his/her badge/identification card until a decision is made for its return by the commander of the private security section or a disposition is rendered by the board of police commissioners.(C) Where no warrant is issued and/or no cause for discipline is apparent, the private security officer's return to duty is to be determined by the commander of the private security section.(4) Revocations. A license may be revoked by order of the board of police commissioners for any violations of the rules.(5) Notification/Appeal. Whenever the license of a private security officer is suspended or revoked by the board of police commissioners, the private security section shall notify the licensee in writing of the action. This notice will be mailed to his/her last address of record. The licensee shall have ten (10) days from the date of mailing notice at his/her last address of record to request a review of the disciplinary action. The request shall be directed in writing to the commander of the private security section. The request shall state additional supporting facts in his/her defense and/or rebuttal of the board of police commissioner's decision.(A) The commander of the private security section may meet with the licensee and discuss his/her request for review and/or shall conduct a further investigation of the disciplinary case.(B) The commander of the private security section, within thirty (30) days of appeal, shall submit the appeal in a report to the board of police commissioners for final action.(C) Judgments and decisions of the board concerning appeals in disciplinary matters are final and once the board has ruled, the matter is permanently closed.(6) Disciplinary Action and/or Punishment. (A) The board of police commissioners retains final authority in all disciplinary matters, including re-instruction, verbal reprimand, written reprimand, suspension, and revocation.(B) Licensed private security personnel, whether on or off duty, are subject to disciplinary action for violations of these rules. Offenses may include, but not be limited to, the following: 1. Conviction of a felony, misdemeanor, or city ordinance;2. Intoxication or drinking on duty;3. Possession or illegal use of narcotic or potent drugs (controlled substance);4. Assumption of police authority when not on duty;5. Conduct contrary to the public peace and welfare;6. Interference with any police officer engaged in the performance of his/her duties;7. Overbearing or oppressive conduct during the performance of duty;8. Failure to obey a reasonable order by an officer of the St. Louis Metropolitan Police Department;9. Any conduct or actions which might jeopardize the reputation or integrity of the St. Louis Metropolitan Police Department or its members;10. Failure to comply with the firearm restrictions, while traveling in either direction, without deviation between their residences and places of assignment by the most direct route (not to exceed one (1) hour);11. Carrying any weapon other than an approved .38 Special caliber revolver or an approved semi-automatic pistol while performing the duties of a private security officer, unless specifically exempted;12. Failure to have a weapon inspected by the department armorer and/or his/her designee, not having a record of this weapon on file with the private security section;13. Carrying more than one (1) authorized firearm on duty;14. Failure to wear a valid badge/identification card issued by this department on the breast of the outermost garment of security uniform, while on duty;15. Failure to have in possession a badge/identification card authorizing uniform exemption while working in civilian attire;16. Serving or acting as a licensed private security officer for any agency or business entity other than the one listed on his/her badge/identification card, except officers of the St. Louis County Police Department;17. Failure to conform to uniform requirements;18. Working as a licensed private security officer while under suspension;19. Carrying a firearm concealed or otherwise in civilian attire while purporting to be working security but not actually engaged in providing a bona fide security function at the time;20. Carrying or using a firearm while performing the duties of a licensed private security officer when not firearms qualified;21. Any conduct constituting a breach of security or confidence;23. Failure to notify the private security section when and if arrested on any charge;24. Failure to aid in prosecution;25. Defacing or altering the badge/identification card;26. Carrying unauthorized nonlethal weapons and/or protective devices;27. Using unnecessary force in effecting an arrest or discourteous treatment or verbal abuse of any person;28. Submitting a urine specimen which tests positive for controlled substances;29. Failure to maintain on file at the private security section a current address and telephone number;30. Failure to surrender badge/identification card to the private security section when license has been suspended;31. Failure to cooperate in an investigation conducted by the private security section;32. Identifying himself/herself as a police officer;33. Engaging in a vehicular pursuit; and34. Failure to surrender weapon for testing and identification purposes.(7) Categories of Discipline. The board of police commissioners retains final authority in all disciplinary matters, including re-instruction and firearms training, verbal reprimand, written reprimand, suspension, and revocation. Judgments and decisions of the board are final.(8) Individuals who resign while under investigation will not be considered for a license in the future. AUTHORITY: section 84.340, RSMo 2000.* Original rule filed April 8, 1988, effective July 11, 1988. Amended: Filed Feb. 13, 2002, effective Aug. 30, 2002. Amended: Filed May 14, 2008, effective Dec. 30, 2008. Amended: Filed April 23, 2012, effective Oct. 30, 2012. *Original authority: 84.340, RSMo 1939.