Mo. Code Regs. tit. 17 § 20-5.125

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 17 CSR 20-5.125 - Complaint/Disciplinary Procedures

PURPOSE: This rule states that 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 corporate security advisor 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. 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 of 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 corporate security advisor is arrested for a felony, the commander or watch commander of the district or any officer acting in that capacity will suspend the corporate security advisor.

(A) In instances where a corporate security advisor is arrested for a crime or ordinance violation, other than a felony, the commander or watch commander of the district, or any officer acting in that capacity, has the choice of suspending the corporate security advisor or contacting the commander of the private security section, who will determine whether or not the corporate security advisor 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 corporate security advisor is suspended, s/he shall surrender his/her identification (ID) card until final disposition by the commander of the private security section or the board, as may be appropriate.

(C) Where no warrant is issued or no cause for discipline is apparent, the corporate security advisor's return to duty shall be determined by the commander of the private security section.

(4) Revocations. A license may be revoked by order of the board for any violation of the rules.

(5) Notification/Appeal. Whenever the license of a corporate security advisor is suspended or revoked by the board, the private security section shall notify the licensee in writing of the action. The licensee shall have ten (10) days from the date of notification 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 all pertinent information in support of the corporate security advisor's position and in rebuttal of the board's decision.

(A) The commander of the private security section may meet with the licensee and discuss his/her request for review, shall conduct a further investigation of the disciplinary case, or both.

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

(C) Judgment and decision of the board concerning appeals in disciplinary matters are final, except as otherwise may be provided by law.

(6) Disciplinary Action or Punishment.

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

(B) Licensed corporate security advisors, whether on or off duty, are subject to disciplinary action for violations of these rules. Offenses meriting disciplinary action shall include, but not be limited to, the following:

1. Convictions of a felony, misdemeanor or city ordinance violation;

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 while conducting official business as a corporate security advisor;

9. Any conduct or actions which might jeopardize the reputation or integrity of the St. Louis Metropolitan Police Department or its members;

10. The carrying of any unapproved/unauthorized weapon while performing the duties of a corporate security advisor;

11. Failure to have his/her weapon(s) inspected by the department armorer, not having a record of his/her weapon(s) on file with the private security section, or both;

12. The carrying of more than one (1) authorized weapon on duty;

13. Failure to carry a valid ID card issued by the St. Louis Metropolitan Police Department while on duty;

14. Serving or acting as a licensed corporate security advisor for any agency or other business entity other than the one listed on his/her ID card(s), without the prior approval of the private security section as specified in this chapter;

15. Work as a corporate security advisor while under suspension;

16. The illegal carrying of a firearm when not actually engaged in duty as a corporate security advisor;

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

18. Neglect of duty;

19. Failure to notify the private security section;

20. Failure to aid in prosecution;

21. Alteration or defacing of the ID card; and

22. The carrying of unauthorized non-lethal weapons, protective devices, or both.

(7) Categories of Discipline. The board retains final authority in all disciplinary matters, including reinstruction and firearm training, 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, the ID card/license will be surrendered and all power to act as a corporate security advisor ceases.

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

17 CSR 20-5.125

AUTHORITY: section 84.340, RSMo 1986.* Original rule filed June 30, 1992, effective Feb. 26, 1993.

*Original authority: 84.340, RSMo 1939.