St. Louis Police Leadership Organization v. City of St. Louis

484 S.W.3d 882, 2016 Mo. App. LEXIS 276, 2016 WL 1117511
CourtMissouri Court of Appeals
DecidedMarch 22, 2016
DocketNo. ED 103063
StatusPublished
Cited by7 cases

This text of 484 S.W.3d 882 (St. Louis Police Leadership Organization v. City of St. Louis) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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St. Louis Police Leadership Organization v. City of St. Louis, 484 S.W.3d 882, 2016 Mo. App. LEXIS 276, 2016 WL 1117511 (Mo. Ct. App. 2016).

Opinion

KURT S. ODENWALD, Presiding Judge

Introduction

. Appellant St. Louis Police Leadership Organization (“SLPLO”) appeals from the judgment of the trial court denying its Application for Preliminary and Permanent Injunction and entering judgment in favor of Respondent City of St. Louis (“City”) on City’s Petition for Declaratory Judgment. City decertified SLPLO as the exclusive collective bargaining representative of City police officers holding the rank of Sergeant pursuant to Rule 13 of City Police Department Manual. SLPLO subsequently filed suit alleging the decertification process violated Article I, Section 29 of the Missouri Constitution, the City Charter, Civil Service Rule XVIII, and Department of Personnel Regulation 147.

Because City’s application of Rule 13 to decertify SLPLO did- not violate Article I, [884]*884Section 29 of the Missouri Constitution, the City: Charter, Civil Service Rule XVIII, or Regulation 147, City lawfully decer-tified SLPLO as the exclusive collective bargaining representative of City* police officers holding the rank of Sergeant. Accordingly, we affirm the judgment of the trial court.

Factual and Procedural History

This dispute arises following the 2013 creation of a municipal police force for City, the control of which resided exclusively with City as opposed to a state-appointed Police Board (commonly referred to as “local control”) and the subsequent decertification of SLPLO as the exclusive collective bargaining representative of City police officers holding the rank of Sergeant.

Qn September 1, 2013, following the passage of legislation establishing City’s local control over law enforcement operating within its jurisdiction, City created its own police force. With this action, the St. Louis Metropolitan Police Department, which previously operated under authority of state law and the control of a state-appointed Police Board, became an internal department of City. Then Police Chief, Samuel Dotson (“Chief Dotson”), contemporaneously assumed the position-of Police Chief for the newly-created City Police Department.

In 2014, Intervenor John' DeSpain (“DeSpain”) submitted a petition to Richard Frank (“Frank”), the City’s Director of Personnel, seeking to'decertify SLPLO as the exclusive bargaining representative for City police officers holding the rank of Sergeant. Thé petition to decertify purported to contain the signatures of more than 50% of the'employees in the designated bargaining unit. Pursuant to Rule 13 of the St. Louis Metropolitan Police Department Police Manual (“Rule 13”), Chief Dotson appointed a committee to review the petition. Rule 13 was promulgated by the St. Louis Metropolitan Police Board prior to the assumption of.local control over the police department by City. In early 2015, the committee appointed by Chief Dotson determined that the petition was authentic and contained the signatures of the majority of the employees in the designated bargaining unit. Chief Dotson then decertified SLPLO.

SLPLO subsequently filed suit against City seeking a declaratory judgment that the City’s decertification of SLPLO was invalid.- The trial court denied SLPLO’s Application for Preliminary and Permanent Injunction, and instead entered aide-claratory judgment in favor of City finding that Chief Dotson had the authority to decertify SLPLO as the exclusive bargaining representative under Rule 13, which the trial court found did not violate the Missouri Constitution, the City Charter, City Civil Service rules, or Department of Personnel regulations.

I. Applicable Constitutional, Statutory, and Rule Provisions

Resolution of this dispute requires analysis of constitutional and statutory provisions, as well as several of City’s personnel policies, administrative regulations, and ordinances. We begin our review with a brief description of the relevant provisions at issue.

A. Article /, Section 29 of the Missouri Constitution

Article I, Section 29 of the Missouri Constitution, entitled “Organized labor and collective" bargaining,” provides that “employees shall have the right to organize and to bargain collectively through representatives of their own choosing.” Art. I, Sec. 29.

[885]*885B. Section 105.5101

The procedural collective bargaining framework for most public employees in the State of Missouri is established by the State Board of Mediation. However, under Section 105.510, certain public employees, including police officers, are expressly exempted from the authority of the State Board of Mediation. Section 105.510.

C. City Charter, Civil Service Rule XVIII, and Regulation 1⅛7

Each of the provisions list herein addresses the role of the Director of Personnel as it may impact the issues on appeal. Article XVIII, Section 9 of the City Charter enumerates the Director of Personnel’s general powers and duties and designates the Director of Personnel as the head of the Department of Personnel. Section 9(1) specifies that the Director of Personnel has the power “[t]o make such administrative regulations as he may deem necessary, not inconsistent with the charter, ordinances applicable, and these rules, relative to matters involved in the administration of the personnel provisions of such charter, ordinances, and rules.” City of St. Louis Charter, Art. XVIII, Sec. 9(1). Civil Service Rule XVIII, enacted by the Civil Service Commission pursuant to the City Charter, addresses labor relations be-tweén City and City employees. Section 1(d) provides that the Director of Personnel is the “designated representative” relative to the provisions of Article XVIII of the City Charter. Departmént of Personnel Administrative Regulation 147 (“Regulation 147”) “establishes a policy governing collective bargaining” with exclusive bargaining representatives and sets forth the Director of Personnel’s role in said negotiations.2 None of these provisions address procedures for the decertification of exclusive bargaining representatives. ■>

D. City Ordinance 68630

City Ordinance 68630 was enacted on March 29, 2010, for the express purpose of adopting in full “all Police Manual Policies and Special Orders then in effect” should the State of Missouri pass legislation authorizing local control of the police force by City. Ordinance 68630 specified that “[s]aid policies and orders shall remain in effect until such time as they are specifically amended, repealed, superseded or replaced.” The Ordinance expressed its purpose as assuring. “the current uniformed and civilian employees of the St. Louis Metropolitan Police .Department of the consistency and continuity of their employment status and benefits.”

E. Rule 13

In August of 2011, prior to the assumption of local control of the police force by City, the Board of Police Commissioners promulgated Rule 13 of the St.

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484 S.W.3d 882, 2016 Mo. App. LEXIS 276, 2016 WL 1117511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-louis-police-leadership-organization-v-city-of-st-louis-moctapp-2016.