Peace Officer License Disciplinary Process

The Peace Officer Standards and Training (POST) Program has responsibility for licensing and conducting investigations for potential discipline of the licenses of law enforcement officers in Missouri. A complaint filed with POST will cause a representative of the POST Program to gather all available internal investigative reports, criminal investigative reports, and court records. These records will then be presented to the Director of Public Safety for his or her review and consideration.

If the Director of Public Safety determines an officer’s license is subject to disciplinary action, the gathered file will be forwarded to the Office of the Attorney General for a complaint to be filed against the officer’s license with the Missouri Administrative Hearing Commission. The commission acts as a neutral, independent hearing officer and objectively determines whether or not the director has cause to discipline an officer’s license. If discipline is determined to be warranted by the commission, the disciplinary actions available to be imposed by the Director of Public Safety are: probation, suspension or revocation (permanent) of the officer’s POST license. If an officer decides to surrender his or her license, the surrender is permanent.

A POST investigation is NOT a criminal investigation and POST is not a law enforcement agency. If a peace officer has committed a criminal offense, that information should first be reported to law enforcement agency that has jurisdiction to investigate the offense.

POST does NOT investigate potential violations of a law enforcement agency’s internal policies and POST has no authority to investigate a law enforcement agency, only individual licensed law enforcement officers.

File a complaint against a licensed Missouri peace officer:  COMPLAINT FORM

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:

  1. Is unable to perform the functions of a peace officer with reasonable competency or reasonable safety;
  2. Has committed any criminal offense, whether or not a criminal charge has been filed, has been convicted, or has entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state, or the United States, or of any country, regardless of whether or not sentence is imposed;
  3. Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public or any person;
  4. 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;
  5. Has violated a condition of any order of probation lawfully issued by the director; or
  6. Has violated a provision of this chapter or a rule promulgated pursuant to this chapter;
  7. Has tested positive for a controlled substance, as defined in chapter 195, without a valid prescription for the controlled substance, except as otherwise provided by law or by any provision of the Constitution of Missouri;
  8. 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
  9. Has committed any act of gross misconduct indicating inability to function as a peace officer.

Immediate Suspension

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:

  1. Is under indictment for, is charged with, or has been convicted of the commission of any felony;
  2. 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
  3. Presents a clear and present danger to the public health or safety if commissioned as a peace officer.

Disciplinary Process

The following is an overview of the steps that are followed in disciplining a peace officer's license:

  1. 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.
  2. All available information is gathered to determine if a licensed peace officer has committed a violation.
  3. 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.
  4. 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.
  5. 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.
  6. After the disciplinary hearing, the Director may probate, suspend, or permanently revoke the peace officer's license.
  7. 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.

Disciplinary Definitions

The following are the definitions of “gross misconduct,” "moral turpitude" and "reckless disregard" as found in section 590.080.1, RSMo, and the definition of "clear and present danger" as outlined in section 590.090.1(3), RSMo and 11 CSR 75-13.090(4):

  1. "Gross misconduct" includes any willful and wanton or unlawful conduct motivated by premeditated or intentional purpose or by purposeful indifference to the consequences of one's acts;
  2. "Moral turpitude" is 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 Missouri;
  3. "Reckless disregard" is a conscious disregard of a substantial risk that circumstances exist or that 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;
  4. "Clear and present danger" is a grave and immediate danger, not merely a probable or likely danger.

Revoked and Surrendered Peace Officer Licenses

On Aug. 15, 1988, the Director of Public Safety was granted statutory authority to revoke a peace officer’s license. The first peace officer license revocation took place on March 6, 1992.

On Aug. 28, 2001, the Director of Public Safety was granted statutory authority to accept the voluntary surrender of the license of an officer who was subject to disciplinary action. The voluntary surrender of a peace officer license is permanent, with no provision for reinstatement. The link below shows all revoked and surrendered peace officer licensees as of the effective date. This report will be updated on a quarterly basis.

Contact Information

If you have any questions regarding any portion of the disciplinary process, please contact POST by calling (573) 751-3409 or by e-mail at post@dps.mo.gov.