217.105. Corrections officer certification commission established--definitions--members, qualifications, removal, vacancies, compensation--duties--classifications may be established--records.
Corrections officer certification commissionestablished--definitions--members, qualifications, removal,vacancies, compensation--duties--classifications may beestablished--records.
217.105. 1. As used in this section, the following terms mean:
(1) "COCC", corrections officer certification commission;
(2) "Corrections officer", a corrections officer of the state or anypolitical subdivision of the state;
(3) "Director", the director of the Missouri department ofcorrections or his or her designated agent or representative.
2. There is hereby established within the department of corrections a"Corrections Officer Certification Commission" which shall be composed ofnine members nominated by the director and appointed by the governor withthe advice and consent of the senate:
(1) Three members shall be department of corrections officers belowthe rank of lieutenant; of which, at least two will be members of astatewide association of corrections officers with more than one thousandmembers;
(2) Three members shall be corrections officers or supervisors abovethe rank of sergeant; two of which must be the rank of lieutenant orcaptain. Of these three, at least one will be a member of a statewideassociation of corrections officers with more than one thousand members;
(3) Two members shall be county sheriffs, at least one of whom shallbe from a third class county; and
(4) One member shall represent the general public.
3. Each member shall be at the time of appointment a citizen of theUnited States and a resident of this state for a period of at least oneyear.
4. The original members of the commission shall be appointed asfollows:
(1) Three for terms of one year;
(2) Three for terms of two years; and
(3) Three for terms of three years.
Thereafter, all terms of membership on the commission shall be for threeyears or until a successor is appointed.
5. The director may remove any member of the commission formisconduct or neglect of office. Any member of the commission may beremoved for cause by the director but such member shall first be presentedwith a written statement of the reasons thereof.
6. Any vacancy in the membership of the commission shall be filled byappointment for the unexpired term.
7. Annually the director shall appoint one of the members aschairperson. The commission shall meet to perform its duties at least onceeach year as determined by the director or a majority of the members. Amajority of the members of the commission shall constitute a quorum.
8. No member of the commission shall receive any compensation for theperformance of official duties but the members shall be reimbursed fortheir necessary expenses.
9. The commission may:
(1) Cause a job task analysis to be made of the jobs of correctionsofficers pursuant to this chapter;
(2) Make recommendations to the department of corrections, thelegislature, or the governor concerning the qualifications, training,testing, and certification of corrections officers;
(3) Recommend qualifications and training standards for correctionsofficers pursuant to this chapter.
10. The director may establish various classes of correctionsofficers certification.
11. The name, certification status, and employing corrections agencyof any of the applicants or individuals certified pursuant to this chaptershall be open record. All other records retained by the directorpertaining to any applicant or certified officer shall be confidential andshall not be disclosed to the public or any member of the public, exceptwith the written consent of the person or entity whose records areinvolved, provided, however, that the director may disclose suchinformation in the course of interstate exchange of information, during thecourse of litigation involving the director or to other state agencies. Noclosed record conveyed to the director pursuant to this chapter shall loseits status as a closed record solely because it is retained by thedirector. Nothing in this chapter shall be used to compel the director todisclose any record subject to attorney-client privilege or work-productprivilege.
(L. 2003 H.B. 138, A.L. 2005 H.B. 353)