43.150. Removal or discipline of members of patrol, procedure.

MISSOURI STATUTES AND CODES

43.150. Removal or discipline of members of patrol, procedure.

Removal or discipline of members of patrol, procedure.

43.150. 1. After a probation period of one year the members of thepatrol shall be subject to removal, reduction in rank or suspension of morethan three days only for cause after a formal charge has been filed inwriting before or by the superintendent and upon a finding by a majority ofa board of six members randomly selected from troops or divisions otherthan that of the accused. The board shall be composed of six unbiasedmembers including one nonvoting captain, one sergeant and four members ofthe same rank as the accused member. The randomly selected captain shallserve as presiding officer at the hearing. Within thirty days after thepetition is filed, unless the accused consents to an extension of time, theboard shall conduct a hearing and report to the superintendent the findingby the majority of the board, whether the charges are true and whatdiscipline, if any, should be imposed. All lawful rules, regulations, andorders of the superintendent shall be obeyed by the members of the patrolwho shall be subject to dismissal as provided or to one or more of thefollowing:

(1) Suspension not to exceed thirty days;

(2) Fine;

(3) Reduction in rank; or

(4) Disciplinary transfer at the member's expense;

as the superintendent may adjudge. Nothing in this section shall beconstrued to prevent nondisciplinary transfers of members if thesuperintendent determines that such transfers are for the good of thepatrol. No hearings shall be required in the case of reprimands orsuspensions of three days or less which may be imposed at the discretion ofthe superintendent.

2. Subject to the exceptions set forth in subsection 3, if acomplaint is filed against a member, the member will be provided a copy ofthe complaint promptly after the complaint is filed by or received by thepatrol. Unless the member consents in writing to an earlier time, themember will not be interrogated by the patrol or ordered to respond inwriting in connection with the complaint until forty-eight hours after themember has received a copy of the complaint. The member will be entitledto reasonable opportunity to have counsel present during any interrogationrelated to the complaint. Prior to the superintendent or the patrol makingan initial recommendation of discipline, the member shall be entitled to acopy of any investigation reports and any other written or recordedinformation or other evidence reviewed by the patrol which relates to thecomplaint; and the member will be afforded an opportunity to present awritten response thereto.

3. Notwithstanding any provisions in the preceding subsection, thesuperintendent may postpone notifying the member that a complaint has beenfiled and may withhold the complaint and part or all of the investigationreport and other evidence if the superintendent determines that suchdisclosures will seriously interfere with the investigation regarding thatcomplaint or any other investigation being conducted by the patrol or willlikely jeopardize the health or safety of any person. Nothing in thissubsection shall be construed to limit the rights of parties to discoveryin civil or criminal litigation.