SECTIONS 36.030, 36.031, 306.161 & 650.005

These sections exempt the Water Patrol from the merit system.

SECTION 306.163

Under this section, the lieutenant colonel of the water patrol shall assume the duties of the commissioner in his or her absence or when designated by the commissioner. If the commissioner and lieutenant colonel are disabled, the Governor may designate a major as acting commissioner.

SECTION 306.227

This section establishes certain requirements for patrolmen and radio personnel of the water patrol including a minimum age requirement, U.S. and Missouri citizenship, no criminal record with felonies, and certain educational and physical strength requirements

SECTION 306.228

Under this section, the commissioner may appoint certain numbers of different ranking officers and patrolmen so that the total number of the members shall not exceed 99 officers and patrolmen. The commissioner may name additional patrolmen in the case of a national emergency.

SECTION 306.229

Subject to appropriations, the commissioner is authorized to develop policies providing increases in the salaries of the water patrol members. Each year a salary schedule report shall be prepared for the General Assembly and Governor to consider during the budgetary process. The Governor may make additional recommendations to the report and forward them to the General Assembly.

The "service" of a patrol member who has served in the armed forced and who has subsequently been reinstated as a patrol member within 90 days of discharge that is not dishonorable shall be considered service with the patrol.

SECTION 306.230

The commissioner shall prescribe rules for instruction and discipline and make administrative rules to fix the hours of duty for patrol members. The commissioner shall divide the state into district and assign members to such districts.

By general order, the commissioner may establish the circumstances under which members are promoted. The commissioner shall classify, and by promotion, increase the rank of members after not less than one year of service. If the commissioner finds the candidate pool for a promotion too small, he or she may promote from the next lower rank.

SECTION 306.232

After a probationary period of one year, members of the patrol shall be subject to disciplinary action of more than 3 days only for cause after a petition with a formal charge has been filed in writing before or by the commissioner and upon a vote by a majority of a board consisting of six unbiased members of the patrol taken after a hearing. A hearing shall be held within 30 days after the petition is filed and the board shall report to the commissioner their finding and vote of the board, whether the charges are true, and what discipline, if any, should be imposed. The commissioner shall decide the disciplinary action for the patrol member.

If a complaint is filed against a member, he or she shall be provided a copy of such complaint. Unless the patrol member consents in writing to an earlier time, the member shall not be interrogated or ordered to respond in writing until 48 hours after receiving the complaint. The member shall have a reasonable opportunity to have counsel present during any questioning. The member shall be entitled to a copy of the investigation reports and other information and present a written response prior to an initial recommendation of discipline. The commissioner may also withhold investigation reports and other information if disclosure would interfere with the investigation or may jeopardize the health or safety of any person.

This act is similar to SCS/SB 235 (2007) & SB 250 (2007).

SUSAN HENDERSON MOORE