SECOND REGULAR SESSION
[P E R F E C T E D]
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 659
89TH GENERAL ASSEMBLY
Senate Committee Substitute for Senate Bill No. 659, adopted February 19, 1998.
Taken up for Perfection February 19, 1998. Bill declared Perfected and Ordered Printed, as amended.
TERRY L. SPIELER, Secretary.
S2955.03P
AN ACT
To repeal sections 57.201, 57.220, 57.221 and 57.251, RSMo 1994, and section 57.250, RSMo Supp. 1997, relating to sheriffs, and to enact in lieu thereof six new sections relating to the same subject.
Section A. Sections 57.201, 57.220, 57.221 and 57.251, RSMo 1994, and section 57.250, RSMo Supp. 1997, are repealed and six new sections enacted in lieu thereof, to be known as sections 57.015, 57.201, 57.220, 57.250, 57.251 and 57.275, to read as follows:
57.015. As used in this chapter, the following words and terms shall have the following meaning:
(1) "Deputy sheriff" or "officer", any deputy sheriff who is employed full-time by a law enforcement agency, authorized by this chapter and certified under chapter 590, RSMo. This term shall not include an officer serving in probationary status or one year, whichever is longer, upon initial employment. This term shall not include any deputy sheriff with the rank of lieutenant and above, or any chief deputies, under sheriffs and the command staff as defined by the sheriff's department policy and procedure manual;
(2) "Hearing", a closed meeting conducted by a hearing board appointed by the sheriff for the purpose of receiving evidence in order to determine the facts regarding the dismissal of a deputy sheriff. Witnesses to the event that triggered the dismissal may attend the hearing for the limited purpose of providing testimony; the attorney for the deputy dismissed may attend the hearing, but only to serve as an observer; the sheriff and his or her attorney may attend the hearing, but only to serve as an observer;
(3) "Hearing board", the individuals appointed by the sheriff for the purpose of receiving evidence in order to determine the facts regarding the dismissal of a deputy sheriff; and
(4) "Law enforcement agency", any county sheriff's office of this state that employs county law enforcement deputies authorized by this chapter and certified by chapter 590, RSMo.
57.201. 1. The sheriff of all counties of the first class not having a charter form of government shall appoint such deputies, assistants and other employees as he deems necessary for the proper discharge of the duties of his office and may set their compensation within the limits of the allocations made for that purpose by the county commission. The compensation for the deputies, assistants and employees shall be paid in equal installments out of the county treasury in the same manner as other county employees are paid. A policy and procedure manual shall be provided to all deputies, assistants and employees.
2. The [deputies,] assistants and employees shall hold office at the pleasure of the sheriff.
3. Deputies shall hold office pursuant to the provisions of section 57.015.
57.220. The sheriff, in a county of the second class, shall be entitled to such a number of deputies as a majority of the circuit judges of the circuit court shall deem necessary for the prompt and proper discharge of the duties of [his] the sheriff's office; provided, however, such number of deputies appointed by the sheriff shall not be less than one chief deputy sheriff and one additional deputy for each five thousand inhabitants of the county according to the last decennial census. Such deputies shall be appointed by the sheriff, but no appointment shall become effective until approved by a majority of the circuit judges of the circuit court of the county. A majority of the circuit judges of the circuit court, by agreement with the sheriff, shall fix the salaries of such deputies. A statement of the number of deputies allowed the sheriff, and their compensation, together with the approval of any appointment by such judges of the circuit court, shall be in writing and signed by them and filed by the sheriff with the county commission. Deputies shall hold office pursuant to the provisions of section 57.015.
[57.221. Notwithstanding the provisions of section 57.220, or any other provision of law in conflict with the provisions of this section, no county which becomes a county of the second class after September 28, 1987, shall be required to appoint or compensate deputy sheriffs in the manner prescribed in section 57.220. In such counties sheriff's deputies shall continue to be appointed in the manner provided for counties of the third class.]57.250. The sheriff in counties of the third and fourth classifications shall be entitled to such number of deputies and assistants, to be appointed by such official, with the approval of a majority of the circuit judges of the circuit court, as such judges shall deem necessary for the prompt and proper discharge of [his] such sheriff's duties relative to the enforcement of the criminal law of this state. Such judges of the circuit court, in their order permitting the sheriff to appoint deputies or assistants, shall fix the compensation of such deputies or assistants. The circuit judges shall annually review their order fixing the number and compensation of the deputies and assistants and in setting such number and compensation shall have due regard for the financial condition of the county. Each such order shall be entered of record and a certified copy thereof shall be filed in the office of the county clerk at least fifteen days prior to the date of the adoption of the county budget as prescribed by section 50.610, RSMo. The sheriff may at any time discharge any [deputy or] assistant and may regulate the time of such person's employment. [At the request of the sheriff, the presiding judge may order additional deputies in cases where exigent or emergency circumstances require the need for such additional deputies.] Deputies shall hold office pursuant to the provisions of section 57.015. At the request of the sheriff, the presiding judge may order additional deputies in cases where exigent or emergency circumstances require the need for such additional deputies.
57.251. 1. The sheriff of each county of the third and fourth classes shall appoint such deputies, assistants and other employees as [he] the sheriff deems necessary for the proper discharge of the duties of [his] office and may set their compensation within the limits of the allocations made for that purpose by the county commission. The compensation for the deputies, assistants and employees shall be paid in equal installments out of the county treasury in the same manner as other county employees are paid.
2. The [deputies,] assistants and employees shall hold office at the pleasure of the sheriff.
3. Deputies shall hold office pursuant to the provisions of section 57.015.
[3.] 4. The provisions of this section shall not become effective until the supreme court of the state of Missouri has issued an opinion, or until an opinion of a circuit court of the state of Missouri has become final, stating substantially that section 57.250 is invalid or unconstitutional in part or as a whole, and that a sheriff has no authority to appoint deputy sheriffs [under] pursuant to such section. Once either of such events occurs, then this section shall become effective as of the date the opinion of the supreme court becomes effective or as of the date the opinion of the circuit court becomes final, as the case may be, or October 1, 1983, whichever occurs later.
57.275. Any full-time deputy sheriff upon dismissal shall be furnished with a written notice of the grounds for the dismissal. Upon receipt of the written grounds for the dismissal, the deputy sheriff may request a hearing. The request must be made to the sheriff, in writing, within three working days of receipt of the grounds for dismissal. Such hearing shall take place before the hearing board to be appointed by the sheriff. The sheriff shall schedule a closed hearing within a reasonable time but within thirty days after the written request was received by the sheriff. A written report of the facts determined during the hearing shall be forwarded to the sheriff. The sheriff will review the findings, and has the final decision-making authority. Any law enforcement agency shall be deemed to be in compliance with this section if the agency:
(1) Has published and distributed department policies and procedures which include provisions for dismissal of deputy sheriffs or other employees;
(2) Provides a deputy sheriff who has been dismissed, written notification of the grounds for the dismissal;
(3) Allows the officer to request and have a hearing; and
(4) Provides the officer with written results of such hearing.