SB 1657 — Modifies provisions relating to the Board of Police Commissioners

SECOND7122S.03C REGULARSENATE SESSIONCOMMITTEE SUBSTITUTE FOR SENATE BILLNO.BILL NO.

1657 103RDAN GENERALASSEMBLYACT INTRODUCEDTo BYrepeal SENATORsections FITZWATER.84.160, 84.210, and 84.325, RSMo, and to enact in lieu thereof three new sections relating to the board of police commissioners.

7122S.01I KRISTINAMARTIN, Secretary ANACT To repeal sections 84.160, 84.210, 84.325, and 105.726, RSMo, and to enact in lieu thereof four new sections relating to the board of police commissioners.

Sections 84.160, 84.210, 84.325, and 105.726,84.325, RSMo, are repealed and fourthree new sections enacted in lieu thereof, to be known as sections 84.160, 84.210, 84.325, and 105.726,84.325, to read as follows:

Notwithstanding any other EXPLANATION-Matterprovision enclosedof inlaw bold-facedto bracketsthe [thus]contrary, nothing in this billsection isshall notprohibit enactedthe andpayment isof intendedadditional compensation pursuant to bethis omittedsubsection into officers of the law.ranks of [sergeants] lieutenant and above[, provided that funding for such compensation shall not:

SB 1657 2 provision of law to the contrary, nothing in this section shall prohibit the payment of additional compensation pursuant to this subsection to officers of the ranks of sergeants and above, provided that funding for such compensation shall not:

or (2) BeBe] if determined appropriate by the board of police commissioners and is not violative of any federal law or other state law.

Any litigation costs, including attorney's fees due for representation of the board and individual officers, settlements or judgments, and pension and retirement costs shall be excluded from the calculation of expenses for the maintenance of the police force for the SB 1657 3 purposes of the minimum funding requirements provided in this subsection.

The board of police commissioners shall effect programs to provide additional compensation to its employees for successful completion of academic work at an accredited college or university, in amounts not to exceed ten percent of their yearly salaries or for field training officer and SB 1657 4 lead officer responsibilities in amounts not to exceed three percent of their yearly salaries for field training officer responsibilities and an additional three percent of their yearly salaries for lead officer responsibilities.

Notwithstanding the provisions of subsection 1 of this section to the contrary, the board of police commissioners shall pay additional compensation to members of the police force up to and including the rank of police SB 1657 5 officer for any full hour worked between the hours of 11:00 p.m.

Said boards shall forthwith certify such SB 1657 6 estimate to the board of common council or municipal assembly, as the case may be, of said cities, who are hereby required to set apart and appropriate the amount so certified, payable out of the revenue of said cities, after having first deducted the amount necessary to pay the interest upon the indebtedness of said cities, the amount necessary for the expenses of the city hospital and health department, the amount necessary for lighting the city, and any sum required by law to be placed to the credit of the sinking fund of said cities.

provided, however, that the amount of said SB 1657 7 claims and salary rolls so certified shall not exceed, in any one year, the amount so, as aforesaid, estimated for that year to the common council or municipal assembly of said cities aforesaid.

The purpose of these procedures and requirements is to ensure the continuity of operations of the municipal police force SB 1657 8 with minimized disruptions to the residents of any city not within a county, to provide for an orderly and appropriate transition in the governance of the police force, and to provide for an equitable employment transition for commissioned and civilian personnel.

Liability for payment of any claim, lawsuit, or other action, including settlements or judgments, as well as litigation costs and attorney's fees due for representation of the board and individual employees and officers, shall remain with any city not within a county without reimbursement from the state legal expense fund, except for reimbursement to the board under subsection 3 of section 105.726, or any offset to the board's minimum appropriation to fund the police force governed by the board of police commissioners under subsection 3 of section 84.160.

The board of police commissioners shall initially employ, without a reduction in rank, salary, or benefits, SB 1657 9 all commissioned and civilian personnel of the municipal police department who were employed by the municipal police department immediately prior to the date the board assumed control.

Any rule or portion of SB 1657 10 a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.

105.726.

1.

Nothing in sections 105.711 to 105.726 shall be construed to broaden the liability of the state of Missouri beyond the provisions of sections 537.600 to 537.610, nor to abolish or waive any defense at law which might otherwise be available to any agency, officer, or employee of the state of Missouri.

Sections 105.711 to 105.726 do not waive the sovereign immunity of the state of Missouri.

2.

The creation of the state legal expense fund and the payment therefrom of such amounts as may be necessary for the benefit of any person covered thereby are deemed necessary and proper public purposes for which funds of this state may be expended.

3.

Moneys in the state legal expense fund shall not be available for the payment of any claim or any amount required by any final judgment rendered by a court of competent jurisdiction against a board of police commissioners established under chapter 84, including the commissioners, any police officer, notwithstanding sections 84.330 and 84.710, or other provisions of law, other employees, agents, representative, or any other individual SB 1657 11 or entity acting or purporting to act on its or their behalf.

Such was the intent of the general assembly in the original enactment of sections 105.711 to 105.726, and it is made express by this section in light of the decision in Wayman Smith, III, et al.

v.

State of Missouri, 152 S.W.3d 275.

Except that the commissioner of administration shall reimburse from the legal expense fund the boards of police commissioners established under chapter 84 for liability claims otherwise eligible for payment under section 105.711 paid by such boards on an equal share basis per claim up to a collective maximum of two million dollars per fiscal year.

4.

If the representation of the attorney general is requested by a board of police commissioners, the attorney general shall represent, investigate, defend, negotiate, or compromise all claims under sections 105.711 to 105.726 for the board of police commissioners, any police officer, other employees, agents, representatives, or any other individual or entity acting or purporting to act on their behalf.

The attorney general may establish procedures by rules promulgated under chapter 536 under which claims must be referred for the attorney general's representation.

The attorney general and the officials of the city which the police board represents shall meet and negotiate reasonable expenses or charges that will fairly compensate the attorney general and the office of administration for the cost of the representation of the claims under this section.

5.

Claims tendered to the attorney general promptly after the claim was asserted as required by section 105.716 and prior to August 28, 2005, may be investigated, defended, negotiated, or compromised by the attorney general and full payments may be made from the state legal expense fund on behalf of the entities and individuals described in this SB 1657 12 section as a result of the holding in Wayman Smith, III, et al.

v.

State of Missouri, 152 S.W.3d 275.