Peace Officer License Disciplinary Process
In accordance with Section 590.080.1, of the Revised Statutes of Missouri, the Director shall have cause to discipline any peace officer licensee who:
- Is unable to perform the functions of a peace officer with reasonable competency or reasonable safety as a result of a mental condition, including alcohol or substance abuse;
- Has committed any criminal offense, whether or not a criminal charge has been filed;
- Has committed any act while on active duty or under color of law that involves moral turpitude or a reckless disregard for the safety of the public or any person;
- Has caused a material fact to be misrepresented for the purpose of obtaining or retaining a peace officer commission or any license issued pursuant to this chapter;
- Has violated a condition of any order of probation lawfully issued by the director; or
- Has violated a provision of this chapter or a rule promulgated pursuant to this chapter.
In accordance with Section 590.090.1, of the Revised Statutes of Missouri, the Director shall have cause to immediately suspend the peace officer license of any licensee who:
- Is under indictment for, is charged with, or has been convicted of the commission of any felony;
- Is subject to an order of another state, territory, the federal government, or any peace officer licensing authority suspending or revoking a peace officer license or certification; or
- Presents a clear and present danger to the public health or safety if commissioned as a peace officer.
The following is an overview of the steps that are followed in disciplining a peace officer's license:
- A complaint is received from any source that a licensed peace officer is subject to disciplinary action, as outlined in Section 590.080.1(1-6), RSMo.
- All available information is gathered to determine if a licensed peace officer has committed a violation.
- If it is determined that a licensed peace officer is subject to disciplinary action, a complaint is filed with the Administrative Hearing Commission (AHC) detailing the violation. Once filed, notice of the complaint is served to the licensed peace officer. Note: In accordance with Section 590.030.5(2), RSMo, all licensed peace officers shall maintain a current address of record on file with the Director of the Department of Public Safety.
- The AHC shall conduct a hearing to determine whether the Director has cause to discipline and will issue a Findings of Fact and Conclusions of Law on the matter.
- If the AHC determines that a licensed peace officer is subject to disciplinary action, the Director of the Department of Public Safety shall, within thirty days, hold a hearing to determine the form of discipline to be imposed.
- After the disciplinary hearing, the Director may probate, suspend, or permanently revoke the peace officer's license.
- The licensed peace officer may appeal the AHC decision to the Circuit Court of Cole County.
Note: Nothing throughout the disciplinary process shall prevent a licensee from informally disposing of a cause for discipline, with the consent of the Director, by voluntarily surrendering a license or by voluntarily submitting to discipline.
The following are the definitions of "moral turpitude" and "reckless disregard" as outlined in Section 590.080.1(3), RSMo, and the definition of "clear and present danger" as outlined in Section 590.090.1(3):
- "Moral turpitude," is defined as the wrongful quality shared by acts of fraud, theft, bribery, illegal drug use, sexual misconduct, and other similar acts, as defined by the common law of the state of Missouri.
- "Reckless disregard," is defined as a conscious disregard for a substantial risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care that a reasonable peace officer would exercise in the situation.
- "Clear and present danger," is defined as a grave and immediate danger, not merely a probable or likely danger.
If you have any questions regarding any portion of the disciplinary process, please contact POST by calling 1-573-751-3409 or by e-mail at [email protected].