Mo. Code Regs. tit. 17 § 20-4.125

Current through Register Vol. 49, No. 18, September 16, 2024

Section 17 CSR 20-4.125 - Complaint/Disciplinary Procedures

PURPOSE: 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 licensed watchmen will be handled by the private security section of the division of human resources. 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 provision 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 watchman is arrested for a felony, the commander or watch commander of the district or any officer acting in that capacity will suspend the private watchman.

(A) In instances where a private watchman 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 suspending the security officer or contacting the commander of the private security section, who will determine whether or not the private watchman 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 watchman is suspended, it will be required that the private watchman surrender his/her badge/identification (ID) 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 or no cause for discipline is apparent, or both, the private watchman'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 watchman is suspended or revoked by the board of police commissioners, the private security section shall notify the licensee in writing of the action. The licensee shall have ten (10) days from the date of posting notice 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 or rebuttal of the board of police commissioner's decision, or both.

(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, within thirty (30) days of appeal, shall render a decision affirming or reversing the original disciplinary action. The commander shall then send his/her decision and report to the board of police commissioners for final action.

(C) Judgments and decisions of the board concerning appeals in disciplinary matters are final.

(6) Disciplinary Action, Punishment, or Both.

(A) The board of police commissioners retains final authority in all disciplinary matters, including reinstruction, verbal reprimand, written reprimand, suspension and revocation.

(B) Licensed private watchmen, 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 wear a valid badge/ID card issued by the St. Louis Metropolitan Police department on the breast of the outermost garment of security uniform, while on duty;

11. Failure to have in possession a badge/ID card;

12. Serving or acting as a private watchman for any agency or other business entity other than the one (1) listed on his/her badge/ID card;

13. Failure to conform to uniform requirements;

14. Working as a private watchman while under suspension;

15. Carrying or using a firearm while performing the duties of a private watchman;

16. Any conduct constituting a breach of security or confidence;

17. Neglect of duty;

18. Failure to notify the private security section when and if arrested on any charge;

19. Failure to aid in prosecution;

20. Defacing or altering the badge/ID card; and

21. Carrying unauthorized nonlethal weapons and/or protective devices.

(7) Categories of Discipline. The board of police commissioners retains final authority in all disciplinary matters, including reinstruction, verbal reprimand, written reprimand, suspension and revocation. Judgments and decisions of the board are final.

(8) When a license is ordered revoked by the board of police commissioners, the badge/ID deposit fee will be forfeited to the board. Licensed private watchmen who are under investigation by this department for any alleged violations of any rules will be allowed the discretionary resignation for their commission and in these instances will have the badge/ID deposit fee refunded, provided all department-issued equipment is surrendered in the private security section.

(9) Individuals who resign while under investigation will not be considered for a license in the future.

17 CSR 20-4.125

AUTHORITY: section 84.340, RSMo 1986.* Original rule filed April 8, 1988, effective July 11 , 1988.

*Original authority: 84.340, RSMo 1939.