- Truly Agreed To and Finally Passed -

HS/HCS/SCS/SB 659 - The act defines a deputy sheriff as one employed full-time by a law enforcement agency, authorized by Chapter 57, RSMo, and certified under Chapter 590, RSMo. The definition excludes anyone with the rank of lieutenant and above or any chief deputies. The act omits deputy sheriffs from the list of employees who hold office at the pleasure of the sheriff. In counties of the third or fourth classification, the presiding judge may order additional deputies in cases of emergency situations, at the request of the sheriff. Deputies, assistants and employees shall be provided with a policy and procedure manual.

Upon dismissal, any full-time deputy sheriff shall be given written notice of the grounds for the dismissal, and may obtain a hearing, upon written request within three working days to the sheriff. The sheriff shall appoint a hearing board, to conduct a closed hearing within thirty days after the receipt of the written request. The hearing board shall provide a written report to the sheriff, who shall retain final decision-making authority.

The procedural requirements of the act shall not be interpreted as creating any new substantive due process rights. Nothing in the chapter shall be interpreted as creating an employment status for deputy sheriffs other than at-will status, nor as depriving any person of any rights which are conferred as a matter of employment, including post-employment benefits such as workers' compensation and unemployment compensation.

The act also addresses employment practices of the Highway Patrol. After a one-year probationary period, the members of the Highway Patrol shall be subject to removal, reduction in rank or suspension in excess of three days only for cause, after a formal written charge, and a finding by a majority of a six member board. Membership of the board is specified, and includes one member from a troop or division other than that of the accused. Nondisciplinary transfers are not affected. The act specifies the procedure for processing complaints against patrol members.

JOAN GUMMELS