2010 Initiative Petitions
Approved for Circulation in Missouri
Statutory Amendment to Chapter 84,
Relating to Municipal Police Force
2010-094, Version 2
THE PROPOSED STATUTE
Be it enacted by the people of the state of Missouri, as follows:
Section A. Six new sections are enacted, to be known as sections 84.011, 84.012, 84.345, 84.346, 84.347, and 86.367, to read as follows:
84.011 This act shall be known as the “Local Control of Local Police Department Act.”
84.012 Notwithstanding any provision of section 84.010 or any other law to the contrary, any city not within a county may establish by ordinance, and thereafter maintain, a municipal police force under local control under sections 84.345 and 84.346.
84.345.1. Any city not within a county may establish by ordinance a municipal police force under local control for the purposes of:
(1) Preserving the public peace, welfare, and order;
(2) Preventing crime and arresting suspected offenders;
(3) Enforcing the laws of the state and ordinances of the city;
(4) Exercising all powers available to a police force under generally applicable state law; and
(5) Regulating and licensing all private watchmen, private detectives, and private policemen serving or acting as such in said cities. No person shall act as a private watchman, private detective, or private policeman in said cities without first having obtained a written license from said police force. If a city not within a county establishes by ordinance a municipal police force under local control under this section, all regulation and licensing of private watchmen, private detectives, and private policemen shall continue in full force and effect under previously established terms and conditions until such regulation and licensing is supersede by municipal action.
2. Any city not within a county establishing a municipal police force under local control under this section shall have all authority necessary under the law to maintain and operate said police force.
3. On the effective date of an ordinance by a city not within a county establishing a municipal police force under local control under this section, all officers shall be declared to be municipal officers and shall have the same immunities as other municipal officers; however, for any and all acts and causes of actions that may have accrued prior to the effective date of such ordinance, said officers shall retain their statuses under section 84.330.
84.346. 1. Any ordinance adopted under section 84.345 establishing a municipal police force under local control shall provide for the employment in the municipal police force, immediately upon the effective date of the establishment of the municipal police force, of all officers and employees of any police force previously established under sections 84.010 to 84.340 at their then current salaries, and for their entitlement to all accrued benefits, including but not limited to, vacation time, sick leave, and health insurance. All former employees shall also remain eligible for all accrued benefits, including but not limited to health insurance and pensions. Any such ordinance shall be consistent with any regulation concerning residence of police officers adopted by the board of police commissioners under sections 84.020 and 84.030 prior to the adoption of such ordinance.
2. After the establishment of a municipal police force under local control under section 84.345, the city may provide by ordinance for the number and ranks of police officers, for such officers' compensation and benefits, and by ordinance or administrative regulation or written policy, as appropriate, for the appointment, promotion, suspension, demotion, or discharge of members of the police force, and for any and all other terms and conditions of employment, including terms and conditions of secondary employment.
84.347. Immediately upon the adoption by a city not within a county of an ordinance establishing a municipal police force under local control under section 84.345, the clerk of such city shall file a certified copy of such ordinance with the secretary of state. The provisions of sections 84.010, 84.015, 84.020, 84.030, 84.040, 84.050, 84.060, 84.070, 84.080, 84.090, 84.095, 84.100, 84.110, 84.120, 84.130, 84.140, 84.150, 84.160, 84.170, 84.175, 84.180, 84.190, 84.200, 84.210, 84.220, 84.230, 84.240, 84.250, 84.260, 84.265, 84.330, and 84.340, and the terms of office of the commissioners of the board of police under sections 84.020 and 84.030 shall expire upon the effective date of the establishment of a municipal police force as provided in such ordinance. The city shall provide notice of the establishment of the ordinance and expiration of such sections to the revisor of statutes.
86.367. Upon the adoption by a city not within a county of an ordinance establishing a municipal police force under local control under section 84.345, the city may provide for the retirement benefits of its police officers. The provisions of sections 86.200, 86.203, 86.207, 86.210, 86.213, 86.217, 86.220, 86.223, 86.227, 86.230, 86.233, 86.237, 86.240, 86.243, 86.247, 86.248, 86.250, 86.251, 86.252, 86.253, 86.254, 86.255, 86.256, 86.257, 86.260, 86.263, 86.267, 86.270, 86.277, 86.280, 86.283, 86.287, 86.288, 86.290, 86.292, 86.293, 86.294, 86.296, 86.297, 86.300, 86.303, 86.307, 86.310, 86.313, 86.320, 86.330, 86.333, 86.337, 86.340, 86.343, 86.344, 86.350, 86.353, 86.354, 86.357, 86.359, 86.360, 86.363, 86.364 and 86.366 shall expire upon the effective date of an ordinance authorizing the city to establish a system providing retirement benefits for its police officers. The city shall provide notice of the establishment of the ordinance and expiration of such sections to the revisor of statutes. Police officers shall be entitled to all allowances and benefits for service accrued prior to the effective date of said ordinance.