51黑料

ST. LOUIS 鈥� The new 51黑料 Board of Police Commissioners, now in charge of the city鈥檚 police department after 12 years of local control, will be busy in coming weeks setting department policies, determining how many officers should be on the force and establishing disciplinary procedures.

But the Missouri Legislature has already made one big decision for the new board.

Included in the bill that put the city鈥檚 police back under control of a board appointed by the governor is language that mandates the use of a disciplinary procedure long favored by the police union but opposed by a former police chief and city human resources leaders.

It鈥檚 one of several mandates governing 51黑料 and its police department included in the law that the GOP-led Missouri Legislature passed, and Gov. Mike Kehoe signed, in March.

The law requires the city increase spending on police to a quarter of its budget by 2028, limits the pool of future chiefs to current police commanders and makes sergeants 鈥� represented by the same union that represents rank-and-file officers 鈥� eligible for overtime.

Among the police union鈥檚 priorities as it lobbied for state control in Jefferson City was the reinstatement of 鈥渟ummary hearing boards鈥� to hear appeals of all but the most serious cases of department leadership discipline. The city鈥檚 Civil Service Commission repealed the special police disciplinary process in April 2021 over opposition from the 51黑料 Police Officers Association, arguing officers should face the same disciplinary procedures as other city employees.

Now, those outside the department who are familiar with the process worry the reinstatement of summary hearing boards will limit oversight of police conduct and hurt the department鈥檚 standing with the public.

鈥淭he police union doesn鈥檛 understand how much value it brings the credibility of their process,鈥� former 51黑料 Civil Service Commissioner John Clark, who a decade ago pushed to repeal the summary hearing board process, said of outside review of discipline matters. 鈥淵ou don鈥檛 want to sweep everything under the rug. If you got a bad egg, you need to get rid of them.鈥�

The state takeover law gives the board of police commissioners the power to hear appeals of department discipline and to adopt investigative and disciplinary policies for the police. But the legislation also says 鈥渦nder no circumstances shall the board initially or hereafter adopt investigative and disciplinary procedures that do not include the summary hearing board procedures.鈥�

Summary hearing boards are made up of three uniformed officers 鈥� one peer in the same rank as the officer accused of misconduct and typically two higher-ranking officers. Under the city rule in place until 2021, officers facing anything less than a 15-day suspension could appeal their supervisors鈥� decision to the summary hearing board. Only the most serious discipline cases were appealed to the Civil Service Commission.

But that threshold encompasses much of the police department鈥檚 disciplinary actions, and more than half of the summary hearing board鈥檚 decisions ultimately resulted in just a written reprimand, said Rick Frank, the former 51黑料 personnel director who oversaw the transition of the department back to local control in 2013. Frank was still director when the Civil Service Commission voted to repeal the summary hearing board rule in April 2021. Even Frank, who the police union once asked to reconsider his 2021 retirement and return to run personnel, supported repealing summary hearing boards.

鈥淚 was concerned about cronyism with it,鈥� Frank said in an interview.

The legislation鈥檚 sponsors 鈥� Sen. Nick Schroer, R-Defiance, and Rep. Brad Christ, R-south 51黑料 County 鈥� did not respond to requests for comment about the legislation. Neither did representatives for the two unions that supported the bill.

鈥楶olice cannot police themselves鈥�

The issue has been contentious almost since the city assumed control of the department in 2013. Two years later, Clark, the former commissioner, resigned from the commission under pressure from former Mayor Francis Slay after Clark pushed to repeal the summary hearing boards. Clark said the summary hearing boards created a 鈥済ood ol鈥� boy internal process.鈥�

鈥淚t just looked and smelled bad all the way around,鈥� Clark said in an interview.

But six years later, the city had come around to Clark鈥檚 way of thinking. When the commission voted to repeal the rule in 2021, arguing it was unfair to put police under separate standard than other city employees, among those supporting the rule change was former police Chief John Hayden, appointed to the job under former Mayor Lyda Krewson.

鈥淭his has allowed for officers to significantly reduce, or even negate, discipline time and time again,鈥� Hayden said then. 鈥淭he appeal process has proven to be very time consuming and has led to unequal discipline.鈥�

Also supporting repeal was former Civil Service Commissioner Bettye Battle-Turner 鈥� who had served as president of the old police board and was married to a retired lieutenant from the department.

鈥淧olice cannot police themselves,鈥� she said in 2021. 鈥淔avoritism can be done easily here with the three members that they choose and you still would not have any kind of sense of righting a wrong that was done by an employee.鈥�

Civil Service Commissioner Steven Barney, who was on the commission when the department transitioned to local control in 2013, said the summary hearing boards were a way for the police department to keep 鈥渄iscipline in the family鈥� as part of 鈥渁n internal process shielded from public eyes.鈥� The Civil Service Commission didn鈥檛 begin seeing many appeals until after the rule was repealed, Barney said in an interview. And until Chief Hayden came out in support of the repeal, both the police unions and department leadership were 鈥渙n the same page鈥� about using the summary hearing boards to hear most discipline cases, he said.

鈥淚 think the outside review by, whether it鈥檚 the Civil Service Commission or another outside agency, is healthy for any organization to make sure that there鈥檚 objectivity and fairness,鈥� Barney said. 鈥淭hey ought to feel comfortable with it being reviewed, because if they feel they did a fair job, it ought to be affirmed by others.鈥�

ESOP鈥檚 position evolves

The Ethical Society of Police, which represents Black officers and also supported the bill moving the department back under state control, seemed to be divided on the issue in 2021. When the Civil Service Commission considered repealing the summary hearing board measure in 2021, Lt. Cheryl Orange, the group鈥檚 treasurer, said some of the group鈥檚 officers were satisfied with the current system. She said some members worried Civil Service Commission discipline would take longer because of the commission鈥檚 caseload of all city employees, a contention Frank disputed at the time.

But the day after the 2021 vote, the Ethical Society released a statement officially supporting the repeal. Sgt. Donnell Walters, who has served as president of the Ethical Society, did not respond to a request for comment.

Representatives for the 51黑料 Police Officers Association did not make someone available for comment about the state law mandating summary hearing boards for 51黑料 police discipline. But when the commission repealed the rule in 2021, the union鈥檚 lobbyist, Jane Dueker, threatened a lawsuit, arguing it violated the local control law.

鈥淚t could put local control of the city鈥檚 police department at risk,鈥� Dueker said then.

No lawsuit appears to have been filed. But momentum grew in the ensuing years to return the department to state control.

Now that state law requires their use, 51黑料 police spokesman Mitch McCoy said the summary hearing boards will be chaired by a captain or higher appointed by the police chief.

鈥淭he SLMPD has taken significant strides and implemented measures to ensure employees are held accountable, which is a necessary pillar of policing,鈥� McCoy said in a statement. 鈥淥ur community should hold us to a high standard as we provide the best possible service to 51黑料.鈥�