KSCPOST Spotlights

In this spotlight issue, we will examine KSCPOST investigations and administrative procedures.

TIMELINE AND FAQ FOR OFFICERS UNDER CPOST INVESTIGATION

CPOST will open an investigation on an officer if we receive information alleging that the officer violated the Kansas Law Enforcement Training Act (KLETA), K.S.A. 74-5601 et seq., and associated Kansas Administrative Regulations adopted thereunder.  Investigations are typically initiated from a Termination or Separation Form, which an agency is required to submit when an officer leaves employment.  Cases are also initiated by citizen complaints, media reporting, and reports from other agencies.  If an investigation is opened after an officer leaves employment, the officer will typically be notified of the investigation at their last known address as provided on the Termination or Separation form.  If the officer has moved after separating from an agency and believes a CPOST investigation will result, it is important that officer notify us of his/her current contact information.  For more information about how officers can obtain records from their Central Registry file or file a Terminated Officer Statement, please refer to the July 2023 Spotlight.  In most investigations, an in-person interview will be required at the CPOST office.  In accordance with 74-5616(b)(3) officers are subject to a certification action if he or she provides false information or otherwise fails to cooperate in a commission investigation.

WHAT HAPPENS AFTER THE CPOST INTERVIEW?

After the CPOST interview, the investigator will conduct follow-up tasks as necessary.  Although the interview is usually one of the last steps in the investigation, the investigator may need to ask an officer additional questions as the case develops.  Once the investigation is complete, it will be presented to the Commission Investigative Committee (CIC).

WHAT IS THE COMMISSION INVESTIGATIVE COMMITTEE (CIC)?

The CIC consists of five Commissioners who are appointed by the full Commission to make a certification determination at the conclusion of an investigation.  The CIC meets to consider cases four times a year.  At the meeting, the CPOST assigned investigator will fully brief the CIC on the facts of the investigation, including the officer’s position and any mitigating information the officer has provided.  The CIC meeting is not an open meeting, and the subject officer is not allowed to attend.  The investigator assigned to the officer’s case may provide a general timeframe for when the officer’s case will be presented (i.e. the middle of January, etc.).

The CIC will either close the case or take action on the officer’s law enforcement certification.  The most common type of action is a revocation, but the CIC may decide that a suspension or reprimand is appropriate.  Other possibilities are a condition, censure, or a denial of future certification.

HOW WILL I KNOW WHAT THE CIC DID WITH MY CASE?

After the CIC meeting, the officer’s assigned investigator will contact the officer to tell him/her what the CIC decided.  If the case was closed, no further action will be taken, and the case will be filed.  Keep in mind that we may reopen cases if we receive additional information in the future as no statute of limitations applies to our cases.  Additionally, in some cases, the CIC may determine that the officer violated the KLETA in some manner but exercise their discretion to close the case.  If that happens and a subsequent investigation is opened by CPOST on another matter, the circumstances regarding the closed investigation may be reconsidered in conjunction with a new investigation.

If the CIC takes action on the officer’s certification, an order will be prepared by our legal counsel and mailed to the officer’s last known address.  IT IS IMPERATIVE THAT OFFICERS NOTIFY US IF THEIR ADDRESS CHANGES.  The amount of time it will take for the order to be prepared will vary based on how many actions were taken by the CIC, the complexity of the orders that must be prepared, and other legal matters that impact our legal department.  If an officer has been informed that he/she will be receiving a certification action, it may take up to two months for the order to be prepared and mailed.  Please do not contact the assigned investigator to inquire about the status of the order prior to that time.

WHAT IF THE OFFICER DOESN’T AGREE WITH THE CIC’S DECISION?

Once the officer receives the order, it is important to read it thoroughly right away.  The order will contain specific instructions on how to ask for a hearing if the officer wishes to contest the CIC’s decision.  If the officer does nothing, the order the officer received in the mail will become final after the specified amount of time.  If the officer would like to contest the order, the officer must follow the instructions included in the order to request a hearing.  AN OFFICER MAY LOSE THE RIGHT TO HAVE A HEARING IF THE OFFICER DOES NOT FOLLOW THE INSTRUCTIONS WITHIN THE SPECIFIED TIME.

An officer may wish to retain an attorney to assist him/her, but the officer is not required to have one.

Once the officer has requested a hearing, CPOST staff will work with the Hearing Panel, Commission Litigation Counsel, and the officer (via officer’s attorney if so retained) to schedule a date for the hearing.  An officer should include his/her name, address, phone number, and email on a request for hearing.

Once scheduled, the hearing will be held before three Commissioners who have been appointed as the Hearing Panel for the case.  The Hearing Panel will be represented by an Assistant Attorney General.  The hearing will be conducted pursuant to the Kansas Administrative Procedure Act (KAPA), K.S.A. 77-501 et seq.  After the hearing is over, the Hearing Panel will mail the officer a copy of the written decision within about thirty days.  Their order will provide further information regarding the officer’s options if the officer disagrees with their decision.  Again, strict timelines apply, and the officer may wish to consult an attorney if he/she has questions.

CAN THE OFFICER CONTINUE TO WORK UNDER INVESTIGATION OR WAITING FOR AN ORDER?

In most cases, yes.  An officer’s certification remains active for five years after separation from law enforcement employment.  If an officer has an active certification, he/she may continue to work or seek new employment in law enforcement while a CPOST investigation or hearing is pending.  The officer may no longer work as an officer if his/her certification has been suspended or revoked by a Summary Order or Hearing Order that has become final.  In rare cases, CPOST may seek an emergency order.  An officer may not work if the officer is subject to an emergency order.

This document has been prepared for informational purposes only.  CPOST staff cannot provide legal advice regarding a specific case.  Officers should consult an attorney if they need legal advice regarding a specific case.  The officer is responsible for any legal fees incurred in this respect.  Neither the KLETA nor the KAPA contain provisions regarding assistance with legal fees.

As we all strive to become more professional, efficient, and effective, we hope you found this spotlight topic to be informative and beneficial.  A new topic will be chosen each month and emailed to those that have signed up on our website (www.kscpost.gov) to receive updates.  If you have a topic that you would like KSCPOST to examine in future spotlights, please contact us.