84.170. Police force vacancies and promotions — rules of board, requirements. — 1. When any vacancy shall take place in any grade of officers, it shall be filled from the next lowest grade; provided, however, that probationary patrolmen shall serve at least six months as such before being promoted to the rank of patrolman; patrolmen shall serve at least three years as such before being promoted to the rank of sergeant; sergeants shall serve at least one year as such before being promoted to the rank of lieutenant; lieutenants shall serve at least one year as such before being promoted to the rank of captain; and in no case shall the chief or assistant chief be selected from men not members of the force or below the grade of captain. Patrolmen shall serve at least three years as such before promotion to the rank of detective; the inspector shall be taken from men in the rank not below the grade of lieutenant.
2. The boards of police are hereby authorized to make all such rules and regulations, not inconsistent with sections 84.010* to 84.340, or other laws of the state, as they may judge necessary, for the appointment, employment, uniforming, discipline, trial and government of the police. At the time of the effective date of this act** and until such time as the board adopts other investigative and disciplinary policies and procedures not inconsistent with section 590.502, discipline and investigative procedures for commissioned and civilian employees of the police force shall be regulated by rule 7 of the police manual of the police department in effect as of November 4, 2013; except that, where rule 7 is in conflict with section 590.502, the board shall comply with the requirements of section 590.502. Under no circumstances shall the board initially or hereafter adopt investigative and disciplinary procedures that do not include the summary hearing board procedures provided for in rule 7 of the police manual of the police department in effect as of November 4, 2013. The said boards shall also have power to require of any officer or policeman bond with sureties when they may consider it demanded by the public interests. All lawful rules and regulations of the board shall be obeyed by the police force on pain of dismissal or such lighter punishment, either by suspension, fine, reduction or forfeiture of pay, or otherwise as the boards may adjudge.
3. The authority possessed by the board of police includes, but is not limited to, the authority to delegate portions of its powers authorized in section 84.120, including presiding over a disciplinary hearing, to a hearing officer as determined by the board.
Notes of Decisions
McCallister v. Priest, 422 S.W.2d 650 (Mo. 1968).
· cites it 5× “The time which a member of the department must spend in grade before promotion to a particular rank is provided in § 84.170. After providing the various ranks of which the officers of the police force shall consist, § 84.”
Milani v. Miller, 515 S.W.2d 412 (Mo. 1974).
· cites it 5× “Section 84.170, RSMo 1969, V.A.M.S. gives to the St.”
Vorbeck v. McNeal, 560 S.W.2d 245 (Mo. Ct. App. 1977).
· cites it 3× “010 providing that “[e]very member of the Department shall * * * conduct themselves in such a manner that no discredit will be brought upon the Department in general or themselves in particular.”
Scism v. Long, 280 S.W.2d 481 (Mo. Ct. App. 1955).
· cites it 6× “By Section 84.170 RSMo 1949, V.A.M.S., it is provided that “All lawful rules and regulations of the board shall be obeyed by the police force on pain of dismissal or such lighter punishment, either by suspension, fine, reduction or forfeiture of pay, or otherwise as the boards…”
St. Louis Police Officers' Ass'n v. Bd. of Police Commissioners, 846 S.W.2d 732 (Mo. Ct. App. 1992).
· cites it 2× “In light of the silence of the statutes and the broad discretionary powers granted Board in section 84.170(2), we conclude that Board has the authority and discretion to pay full salary in the event of total temporary disability but that it is not required to do so.”
Vorbeck v. McNeal, 407 F. Supp. 733 (E.D. Mo. 1976).
“Poelker acting pursuant to § 84.170, R.S.Mo., 1969, as the Board of Police Commissioners of the City of St.”
Ryan v. McNeal, 569 S.W.2d 361 (Mo. Ct. App. 1978).
· cites it 8× “There is no mention of a violation of Article I, Section 31 by the appellant until he filed a motion for rehearing after the affirmation of the administrative body’s decision by the Circuit Court.”
Davis v. Long, 360 S.W.2d 307 (Mo. Ct. App. 1962).
· cites it 3× “Section 84.170, RSMo 1959; Section 1, Rule 15, Manual, Department of Police of St.”
St. Louis Police Officers' Ass'n v. McNeal, 585 S.W.2d 70 (Mo. Ct. App. 1979).
“” § 84.170. Aside from the issue as to whether the Board could validly contract with individual police officers as to what matters it would or would not take into consideration in making promotions, and thereby impair or limit the broad discretionary powers invested in the Board…”
Mo. Rev. Stat. § 84.170(1): 1 case
McCallister v. Priest, 422 S.W.2d 650 (Mo. 1968).
“The time which a member of the department must spend in grade before promotion to a particular rank is provided in § 84.170. After providing the various ranks of which the officers of the police force shall consist, § 84.”
Mo. Rev. Stat. § 84.170(2): 5 cases
Vorbeck v. McNeal, 560 S.W.2d 245 (Mo. Ct. App. 1977).
“010 providing that “[e]very member of the Department shall * * * conduct themselves in such a manner that no discredit will be brought upon the Department in general or themselves in particular.”
Scism v. Long, 280 S.W.2d 481 (Mo. Ct. App. 1955).
“By Section 84.170 RSMo 1949, V.A.M.S., it is provided that “All lawful rules and regulations of the board shall be obeyed by the police force on pain of dismissal or such lighter punishment, either by suspension, fine, reduction or forfeiture of pay, or otherwise as the boards…”
St. Louis Police Officers' Ass'n v. Bd. of Police Commissioners, 846 S.W.2d 732 (Mo. Ct. App. 1992).
“In light of the silence of the statutes and the broad discretionary powers granted Board in section 84.170(2), we conclude that Board has the authority and discretion to pay full salary in the event of total temporary disability but that it is not required to do so.”
Ryan v. McNeal, 569 S.W.2d 361 (Mo. Ct. App. 1978).
“There is no mention of a violation of Article I, Section 31 by the appellant until he filed a motion for rehearing after the affirmation of the administrative body’s decision by the Circuit Court.”
McCallister v. Priest, 422 S.W.2d 650 (Mo. 1968).
“The time which a member of the department must spend in grade before promotion to a particular rank is provided in § 84.170. After providing the various ranks of which the officers of the police force shall consist, § 84.”
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