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12  AN ACT concerning law enforcement; relating to training center; sheriffs;
13    qualifications and officer training requirements; creating the law en-
14    forcement officers' bill of rights; amending K.S.A. 19-801b and 74-
15    5617 and K.S.A. 1996 Supp. 74-5602, 74-5605, 74-5608a and 74-5616
16    and repealing the existing sections; also repealing K.S.A. 1996 Supp.
17    74-5602a.
18
19  Be it enacted by the Legislature of the State of Kansas:
20    Section 1.  K.S.A. 19-801b is hereby amended to read as follows: 19-
21  801b. (a) No person shall be eligible for nomination, election or appoint-
22  ment to the office of sheriff unless such person:
23    (1)  Is a citizen of the United States and a qualified elector of the
24  county;
25    (2)  possesses a high-school education or its recognized equivalent;
26  and
27    (3)  has never been convicted of or pleaded guilty or entered a plea
28  of nolo contendere to any felony charge, a misdemeanor crime of domestic
29  violence as defined in K.S.A. 74-5602 and amendments thereto or to any
30  violation of any federal or state laws or city ordinances relating to gam-
31  bling, liquor or narcotics.
32    (b)  Every person elected to the office of sheriff for the first time, or
33  anyone reelected or appointed to the office after having been out of the
34  office for two five years or more shall be required to attend the law
35  enforcement training academy center as established by K.S.A. 74-5601 et
36  seq., and amendments thereto, and satisfactorily complete the required
37  training course of not less than 320 hours, unless such person has satis-
38  factorily completed such training course within the two five years prior
39  to election or appointment, passes a written competency test and firearms
40  proficiency qualification course developed and administered by the Kan-
41  sas law enforcement training center or unless the director, as defined in
42  subsection (d) of K.S.A. 74-5602, and amendments thereto, waives the
43  requirements of this subsection as provided in K.S.A. 74-5608a and
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 1  amendments thereto. Unless the requirements are waived, any person
 2  elected or appointed to the office of sheriff who has not attended the law
 3  enforcement training academy center shall hold office on a provisional
 4  basis, and such person shall attend the next scheduled training program
 5  at the law enforcement training academy center and satisfactorily com-
 6  plete such training program or the one subsequent to it, or shall forfeit
 7  such office.
 8    (c)  Each newly elected sheriff of each county who is required to at-
 9  tend the law enforcement training academy center shall be hired as a
10  deputy sheriff and shall be paid a salary as deputy sheriff while attending
11  the law enforcement training center and. The tuition, board, room and
12  travel expense for the sheriff-elect at the law enforcement training center
13  shall be paid by the county.
14    Sec. 2.  K.S.A. 1996 Supp. 74-5602 is hereby amended to read as
15  follows: 74-5602. As used in the Kansas law enforcement training act:
16    (a)  ``Training center'' means the law enforcement training center
17  within the division of continuing education of the university of Kansas,
18  created by K.S.A. 74-5603 and amendments thereto.
19    (b)  ``Commission'' means the Kansas law enforcement training com-
20  mission, created by K.S.A. 74-5606 and amendments thereto.
21    (c)  ``Dean'' means the dean of the division of continuing education
22  of the university of Kansas.
23    (d)  ``Director,'' as created in K.S.A. 74-5603 and amendments
24  thereto, means the director of police training at the law enforcement
25  training center.
26    (e)  ``Police officer'' or ``law enforcement officer'' means a full-time or
27  part-time salaried officer or employee of the state, a county or a city,
28  whose duties include the prevention or detection of crime and the en-
29  forcement of the criminal or traffic laws of this state or of any municipality
30  thereof. Such terms shall include, but not be limited to, the sheriff, un-
31  dersheriff and full-time or part-time salaried deputies in the sheriff's of-
32  fice in each county; deputy sheriffs deputized pursuant to K.S.A. 19-2858
33  and amendments thereto; conservation officers of the Kansas department
34  of wildlife and parks; campus police officers at all state educational insti-
35  tutions or a municipal university; law enforcement agents of the director
36  of alcoholic beverage control; law enforcement agents of the Kansas lot-
37  tery; law enforcement agents of the Kansas racing commission; deputies
38  and assistants of the state fire marshal having law enforcement authority;
39  capitol area security guards, existing under the authority of K.S.A. 75-
40  4503 and amendments thereto. Such terms shall also include railroad
41  policemen appointed pursuant to K.S.A. 66-524 and amendments
42  thereto; and school security officers designated as school law enforcement
43  officers pursuant to K.S.A. 72-8222 and amendments thereto. Such terms
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 1  shall not include any elected official, other than a sheriff, serving in the
 2  capacity of a law enforcement or police officer solely by virtue of such
 3  official's elected position; any attorney-at-law having responsibility for law
 4  enforcement and discharging such responsibility solely in the capacity of
 5  an attorney; any employee of the secretary of corrections or the secretary
 6  of social and rehabilitation services; any deputy conservation officer of
 7  the Kansas department of wildlife and parks; or any employee of a city
 8  or county who is employed solely to perform correctional duties related
 9  to jail inmates and the administration and operation of a jail; or any full-
10  time or part-time salaried officer or employee whose duties include the
11  issuance of a citation or notice to appear provided such officer or em-
12  ployee is not vested by law with the authority to make an arrest for vio-
13  lation of the laws of this state or any municipality thereof, and is not
14  authorized to carry firearms when discharging the duties of such person's
15  office or employment. Such term shall include any officer appointed or
16  elected on a provisional basis.
17    (f)  ``Full-time'' means employment requiring at least 1,000 hours of
18  work per year.
19    (g)  ``Part-time'' means employment on a regular schedule or employ-
20  ment which requires a minimum number of hours each payroll period,
21  but in any case requiring less than 1,000 hours of work per year.
22    (h)  ``Misdemeanor crime of domestic violence'' means a violation of
23  domestic battery as defined by subsection (c)(4) of K.S.A. 21-3412 and
24  amendments thereto, or any other misdemeanor under federal, municipal
25  or state law that has as an element the use or attempted use of physical
26  force, or the threatened use of a deadly weapon, committed by a current
27  or former spouse, parent, or guardian of the victim, by a person with
28  whom the victim shares a child in common, by a person who is cohabiting
29  with or has cohabited with the victim as a spouse, parent or guardian, or
30  by a person similarly situated to a spouse, parent or guardian of the
31  victim.
32    (i)  ``Auxiliary personnel'' means members of organized nonsalaried
33  groups which operate as an adjunct to a police or sheriff's department,
34  including reserve officers, posses and search and rescue groups.
35    Sec. 3.  K.S.A. 1996 Supp. 74-5605 is hereby amended to read as
36  follows: 74-5605. Every applicant for admission to a course for police
37  officers or law enforcement officers conducted by the training center shall
38  be an employee of a state, county or city law enforcement agency, a
39  municipal university police officer, a railroad policeman appointed pur-
40  suant to K.S.A. 66-524, and amendments thereto; an employee of the
41  tribal law enforcement agency of an Indian nation that has entered into
42  a tribal-state gaming compact with this state; or a school security officer
43  designated as a school law enforcement officer pursuant to K.S.A. 72-
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 1  8222, and amendments thereto. Prior to admission to a course conducted
 2  at the training center or at a certified state or local law enforcement
 3  agency, the applicant shall furnish to the director a statement from the
 4  applicant's appointing authority or agency head certifying the applicant's
 5  fulfillment of the following requirements. The applicant:
 6    (a)  Is a United States citizen;
 7    (b)  has been fingerprinted and a search of local, state and national
 8  fingerprint files has been made to determine whether the applicant has
 9  a criminal record;
10    (c)  has not been convicted, does not have an expunged conviction,
11  and on and after the effective date of this act, has not been placed on
12  diversion by any state or the federal government for a crime which is a
13  felony or a misdemeanor crime of domestic violence or its equivalent un-
14  der the uniform code of military justice;
15    (d)  is the holder of a high-school diploma or furnishes evidence of
16  successful completion of an examination indicating an equivalent achieve-
17  ment;
18    (e)  is of good moral character;
19    (f)  has completed a psychological test approved by the commission;
20    (g)  is free of any physical or mental condition which might adversely
21  affect the applicant's performance of a police officer's or law enforcement
22  officer's duties; and
23    (h)  is at least 21 years of age.
24    Sec. 4.  K.S.A. 1996 Supp. 74-5608a is hereby amended to read as
25  follows: 74-5608a. (a) The director may, in the exercise of discretion,
26  award a certificate attesting to the satisfactory completion of a basic
27  course of instruction to any person who has been duly certified under the
28  laws of another state or territory if, in the opinion of the director, the
29  requirements for certification in such other jurisdiction equal or exceed
30  the qualifications required to complete satisfactorily the basic course of
31  instruction at the training center.
32    (b)  The director may waive any number of the hours or courses re-
33  quired to complete the basic course of instruction at the training center,
34  80 hour part-time school, reciprocity school or for the hours required for
35  annual continuing education for any person who, in the opinion of the
36  director, has received sufficient training or experience that such hours of
37  instruction at the training center would be, unless waived, unduly bur-
38  densome or duplicitous.
39    Sec. 5.  K.S.A. 1996 Supp. 74-5616 is hereby amended to read as
40  follows: 74-5616. (a) To be eligible for permanent appointment as a police
41  officer or law enforcement officer, a person must first be certified to
42  perform the function of law enforcement by the Kansas law enforcement
43  training commission. The commission's certification shall be awarded to
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 1  persons who:
 2    (1)  Are at least 21 years of age, have successfully completed or sat-
 3  isfied the training requirements specified by subsection (a) of K.S.A. 74-
 4  5607a and amendments thereto and meet the requirements of K.S.A. 74-
 5  5605 and amendments thereto; (2) received a permanent appointment as
 6  a police officer or law enforcement officer prior to July 1, 1969; or (3)
 7  hold a permanent appointment as a police officer or law enforcement
 8  officer on July 1, 1983.
 9    (b)  The commission may suspend, revoke or deny the certification of
10  a police officer or law enforcement officer who fails to meet the require-
11  ments of K.S.A. 74-5605 or 74-5607a, and amendments thereto, or has
12  met such requirements by falsifying documents or failing to disclose in-
13  formation required for certification.
14    (c)  The commission shall immediately institute proceedings to revoke
15  the certification of any police officer or law enforcement officer convicted
16  of, or on or after the effective date of this act, diverted for a felony or a
17  misdemeanor crime of domestic violence under the laws of this state, an-
18  other state or the United States or of its equivalent under the uniform
19  code of military justice.
20    (d)  The procedure for the public or private censure, reprimand, pro-
21  bation, suspension, revocation and denial of certification of a person as a
22  police officer or law enforcement officer or an applicant for certification
23  shall be in accordance with the Kansas administrative procedure act.
24    (e)  Any action of the commission pursuant to subsection (d) is subject
25  to review in accordance with the act for judicial review and civil enforce-
26  ment of agency actions. The attorney general shall prosecute or defend
27  any action for review on behalf of the state, but the county or district
28  attorney of the county where the police or law enforcement officer has
29  been employed as such shall appear and prosecute or defend such action
30  upon request of the attorney general.
31    Sec. 6.  K.S.A. 74-5617 is hereby amended to read as follows: 74-
32  5617. (a) Every candidate for permanent appointment to a position as a
33  police officer or law enforcement officer shall meet the minimum training
34  criteria specified in K.S.A. 74-5605 and amendments thereto and shall
35  have attained 21 years of age.
36    (b)  For the purpose of determining the eligibility of an individual for
37  certification under this act, the commission may require the submission
38  of training and education records, and experience history, medical history,
39  medical examination reports and records, and interview appraisal forms.
40    (c)  Law enforcement agencies in Kansas shall be responsible for their
41  agency's observance of the hiring requirements of this section.
42    (d)  No law enforcement agency head or other appointing authority
43  shall knowingly permit the hiring of any person in violation of the require-
SB 214--Am. by HCW
                                     

 1  ments of this act, or knowingly permit the continued employment of any
 2  person as a law enforcement officer after receiving written notice from
 3  the commission that the person has had such person's certification re-
 4  voked as provided for under this act. No law enforcement agency head or
 5  other appointing authority shall knowingly permit any auxiliary person-
 6  nel who have been convicted of a felony offense under the laws of Kansas
 7  or any other jurisdiction access to law enforcement records or commu-
 8  nication systems that are restricted under state or federal law or appoint
 9  as a reserve officer any person who does not meet the requirements of
10  K.S.A. 74-5605 and amendments thereto. Any violation of the require-
11  ments of this act shall be deemed to constitute misconduct in office and
12  shall subject the agency head or appointing authority to:
13    (1)  Removal from office pursuant to K.S.A. 60-1205 and amendments
14  thereto; or (2) a civil penalty in a sum set by the court of not to exceed
15  $500 for each occurrence of noncompliance in an action brought in the
16  district court by the attorney general or by the county or district attorney,
17  which penalty shall be paid to the state treasurer for deposit in the state
18  treasury and credit to the state general fund, if the action is brought by
19  the attorney general, or paid to the county treasurer for deposit in the
20  county treasury and credit to the county general fund, if the action is
21  brought by the county or district attorney.
22    (e)  Whenever in the judgment of the commission any person has
23  engaged in any acts or practices which constitute a violation of this act,
24  or any rules and regulations of the commission, the commission may make
25  application to the district court, without giving bond, for civil enforcement
26  of this act or rules and regulations in accordance with the act for judicial
27  review and civil enforcement of agency actions. The district or county
28  attorney of any county shall at the request of the commission render such
29  legal assistance as necessary in carrying out the provisions of this act.
30  Upon the request of the commission, the district or county attorney of
31  the proper county shall institute in the name of the state or commission
32  proceedings for appropriate relief, whether mandatory, injunctive or de-
33  claratory, preliminary or final, temporary or permanent, equitable or le-
34  gal, against any person regarding whom a complaint has been made charg-
35  ing such person with the violation of any provision of this act.
36    (f)  The commission shall make such inquiry as necessary to determine
37  compliance with the requirements of this section and the rules and reg-
38  ulations adopted under it.
39    (g)  It shall be the responsibility of the agency head to ensure that
40  every police officer or law enforcement officer under their supervision
41  has the opportunity to receive the mandatory training as prescribed in
42  K.S.A. 74-5604a and amendments thereto.
43    New Sec. 7.  (a) Certification by the commission will remain active
SB 214--Am. by HCW
                                     

 1  for a period of five years after leaving employment as a law enforcement
 2  officer. Certification which has lapsed due to more than five years since
 3  employment as a law enforcement officer may be reinstated if the appli-
 4  cant, within one year of reappointment:
 5    (1)  Satisfactorily completes the current basic training required under
 6  K.S.A. 74-5607a and amendments thereto;
 7    (2)  passes a written competency test and firearms proficiency quali-
 8  fication course developed and administered by the Kansas law enforce-
 9  ment training center; or
10    (3)  obtains from the director pursuant to subsection (b) of K.S.A. 74-
11  5608a and amendments thereto, a waiver based on the training, experi-
12  ence and circumstances of the applicant.
13    (b)  The provisions of this section shall be part of and supplemental
14  to the Kansas law enforcement training act.
15    New Sec. 8.  Sections 8 through 13 may be cited as the law
16  enforcement officers' bill of rights act.
17    New Sec. 9.  As used in sections 8 through 13:
18    (a)  ``Disciplinary action'' means the suspension, demotion, re-
19  duction in pay or other employment benefit, dismissal, transfer, or
20  similar action taken against a law enforcement officer as punish-
21  ment for misconduct.
22    (b)  ``Disciplinary hearing'' means an administrative hearing in-
23  itiated by a law enforcement agency against a law enforcement
24  officer, based on probable cause to believe that the officer has
25  violated or is violating a rule and regulation, or procedure related
26  to service as an officer and is subject to disciplinary action.
27    (c)  ``Emergency suspension'' means temporary action imposed
28  by the head of the law enforcement agency when that official de-
29  termines that there is probable cause to believe that a law enforce-
30  ment officer:
31    (1)  Has committed a felony; or
32    (2)  poses an immediate threat to the safety of the officer or
33  others or the property of others.
34    (d)  ``Investigation'':
35    (1)  Means the action of a law enforcement agency, acting alone
36  or in cooperation with another agency, or a division or unit within
37  an agency, or the action of an individual law enforcement officer,
38  taken with regard to another enforcement officer, if such action is
39  based on reasonable suspicion that the law enforcement officer has
40  violated, is violating, or will in the future violate a statute or or-
41  dinance, or administrative rule and regulation, or procedure re-
42  lating to service as a law enforcement officer; and
43    (2)  includes:
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 1    (A)  Asking questions of other law enforcement officers or non-
 2  law enforcement officers;
 3    (B)  conducting observations;
 4    (C)  evaluating reports, records, or other documents; and
 5    (D)  examining physical evidence.
 6    (e)  ``Law enforcement agency'' means a state or local public
 7  agency charged by law with the duty to prevent or investigate
 8  crimes or apprehend or hold in custody persons charged with or
 9  convicted of crimes.
10    (f)  ``Law enforcement officer'' and ``officer'' means any person
11  who by virtue of such person's office or public employment is
12  vested by law with a duty to maintain public order or to make
13  arrests for crimes, whether that duty extends to all crimes or is
14  limited to specific crimes.
15    (g)  ``Summary punishment'' means punishment imposed for a
16  minor violation of a law enforcement agency's rules and regula-
17  tions that does not result in suspension, demotion, reduction in
18  pay or other employment benefit, dismissal, or transfer.
19    New Sec. 10.  (a) Sections 8 through 13 sets forth rights that
20  shall be afforded a law enforcement officer who is the subject of
21  an investigation.
22    (b)  Sections 8 through 13 do not apply in the case of:
23    (1)  A criminal investigation of a law enforcement officer's con-
24  duct; or
25    (2)  a nondisciplinary action taken in good faith on the basis of
26  a law enforcement officer's employment related performance.
27    (c)  Except when on duty or acting in an official capacity, no law
28  enforcement officer shall be prohibited from engaging in political
29  activity or be denied the right to refrain from engaging in such
30  activity.
31    New Sec. 11.  (a) When a law enforcement officer is under in-
32  vestigation that could lead to disciplinary action, the following
33  minimum standards shall apply:
34    (1)  A law enforcement officer shall be notified of the investi-
35  gation prior to being interviewed. Notice shall include the general
36  nature and scope of the investigation and all departmental viola-
37  tions for which reasonable suspicion exists. No investigation based
38  on a complaint from outside the law enforcement agency may com-
39  mence unless the complainant provides a signed detailed state-
40  ment. An investigation based on a complaint from outside the
41  agency shall commence within 15 days after receipt of the com-
42  plaint by the agency.
43    (2)  At the conclusion of the investigation, the person in charge
SB 214--Am. by HCW
                                     

 1  of the investigation shall inform the law enforcement officer under
 2  investigation, in writing, of the investigative findings and any rec-
 3  ommendation for disciplinary action that the person intends to
 4  make.
 5    (b)  When a law enforcement officer is subjected to questioning
 6  that could lead to disciplinary action, the following minimum stan-
 7  dards shall apply:
 8    (1)  Questioning of a law enforcement officer shall be con-
 9  ducted at a reasonable hour, preferably when the law enforcement
10  officer is on duty, unless exigent circumstances otherwise require.
11    (2)  Questioning of the law enforcement officer shall take place
12  at the offices of the persons who are conducting the investigation
13  or the place where the law enforcement officer reports for duty,
14  unless the officer consents in writing to being questioned else-
15  where.
16    (3)  The law enforcement officer under investigation shall be
17  informed, at the commencement of any questioning, of the name,
18  rank and command of the officer conducting the questioning.
19    (4)  During any single period of questioning of the law enforce-
20  ment officer, all questions shall be asked by or through a single
21  investigator.
22    (5)  The law enforcement officer under investigation shall be
23  informed in writing of the nature of the investigation prior to any
24  questioning.
25    (6)  Any questioning of a law enforcement officer in connection
26  with an investigation shall be for a reasonable period of time and
27  shall allow for reasonable periods for the rest and personal neces-
28  sities of the law enforcement officer.
29    (7)  Threats against, harassment of, or promise of reward shall
30  not be made in connection with an investigation to induce the an-
31  swering of any question. No statement given by the officer may be
32  used in a subsequent criminal proceeding unless the officer has
33  received a written grant of use and derivative use immunity or
34  transactional immunity.
35    (8)  All questioning of any law enforcement officer in connec-
36  tion with the investigation shall be recorded in full, in writing or
37  by electronic device, and a copy of the transcript shall be made
38  available to the officer under investigation.
39    (9)  The law enforcement officer under investigation shall be
40  entitled to counsel, or any other one person of the officer's choice,
41  at any questioning of the officer, unless the officer consents in
42  writing to being questioned outside the presence of counsel.
43    New Sec. 12.  (a) Except in a case of summary punishment or
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 1  emergency suspension described in subsection (a) or (b) of section
 2  13, if an investigation of a law enforcement officer results in a
 3  recommendation of disciplinary action, the law enforcement
 4  agency shall notify the law enforcement officer that the law en-
 5  forcement officer is entitled to a hearing on the issues by a hearing
 6  officer or board prior to the imposition of any disciplinary action.
 7    (b)  No disciplinary action may be taken unless a hearing officer
 8  or board determines, pursuant to a fairly conducted disciplinary
 9  hearing, that the law enforcement officer violated a statute, ordi-
10  nance, resolution, or published administrative rule and regulation,
11  or procedure.
12    (c)  No disciplinary charges may be brought against a law en-
13  forcement officer unless filed within 90 days after the commence-
14  ment of an investigation, except for good cause shown.
15    (d)  The law enforcement agency shall provide written, actual
16  notification to the law enforcement officer, not later than 30 days
17  after the filing of disciplinary charges, of the following:
18    (1)  The date, time and location of the disciplinary hearing,
19  which shall take place not sooner than 30 days and not later than
20  60 days after notification to the law enforcement officer under
21  investigation unless waived in writing by the officer.
22    (2)  The name and mailing address of the hearing officer.
23    (3)  The name, rank and command of the prosecutor, if a law
24  enforcement officer, or the name, position and mailing address of
25  the prosecutor, if not a law enforcement officer.
26    (e)  During a disciplinary hearing an officer shall be entitled to
27  be represented by counsel or nonattorney representative.
28    (f)  The disciplinary hearing shall be conducted by one of the
29  following entities:
30    (1)  A hearing board consisting solely of police officers from the
31  law enforcement officer's department. The board shall contain an
32  equal number of commanders and rank and file officers. The com-
33  manders shall be of the rank of lieutenant and above, and shall be
34  appointed by the head of the agency or department. The rank and
35  file officers shall consist of the rank of sergeant and below, and
36  shall be selected by the law enforcement officer, such officer's rep-
37  resentative or counsel; or
38    (2)  a neutral professional arbitrator registered with the federal
39  mediation and conciliation service or the American arbitration as-
40  sociation, and jointly selected by the law enforcement officer and
41  such officer's employer, from a list provided by either the federal
42  mediation and conciliation service or the American arbitration as-
43  sociation.
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 1    (g)  A law enforcement officer who is brought before a disci-
 2  plinary hearing board shall be provided access to all transcripts,
 3  records, written statements, written reports, analyses and elec-
 4  tronically recorded information pertinent to the case that:
 5    (1)  Contain exculpatory information;
 6    (2)  are intended to support any disciplinary action; or
 7    (3)  are to be introduced in the disciplinary hearing.
 8    (h)  The disciplinary advocate for the law enforcement agency
 9  of which the officer who is the subject of the hearing is a member
10  shall notify the law enforcement officer, or such officer's attorney
11  if such officer is represented by counsel, not later than 15 days
12  prior to the hearing, of the names and addresses of all witnesses
13  for the law enforcement agency.
14    (i)  The disciplinary advocate for the law enforcement agency
15  of which the officer who is the subject of the hearing is a member
16  shall provide to the law enforcement officer, at the law enforce-
17  ment officer's request, not later than 15 days prior to the hearing,
18  a copy of the investigative file, including all exculpatory and in-
19  culpatory information but excluding confidential sources.
20    (j)  The disciplinary advocate for the law enforcement agency
21  of which the officer who is the subject of the hearing is a member
22  shall notify the law enforcement officer, at the officer's request,
23  not later than 15 days prior to the hearing, of all physical, non-
24  documentary evidence, and provide a reasonable date, time, place
25  and manner for the officer to examine such evidence at least 10
26  days prior to the hearing.
27    (k)  The hearing board shall have the power to issue summonses
28  to compel testimony of witnesses and production of documentary
29  evidence. If confronted with a failure to comply with a summons,
30  the hearing officer or board may petition a court to issue an order,
31  with failure to comply being subject to contempt of court.
32    (l)  A disciplinary hearing shall be closed to the public unless
33  the law enforcement officer who is the subject of the hearing re-
34  quests, in writing, that the hearing be open to specified individuals
35  or the general public.
36    (m)  All aspects of a disciplinary hearing, including prehearing
37  motions, shall be recorded by audio tape, video tape or transcrip-
38  tion.
39    (n)  Either side in a disciplinary hearing may move for and be
40  entitled to sequestration of witnesses.
41    (o)  The hearing officer or board shall administer an oath or
42  affirmation to each witness, who shall testify subject to the appli-
43  cable laws of perjury.
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 1    (p)  At the conclusion of all the evidence, and after oral argu-
 2  ment from both sides, the hearing officer or board shall deliberate
 3  and render a verdict on each charge.
 4    (q)  The prosecutor's burden of persuasion shall be by clear and
 5  convincing evidence as to each charge involving false representa-
 6  tion, fraud, dishonesty, deceit or criminal behavior and by a pre-
 7  ponderance of the evidence as to all other charges.
 8    (r)  If the law enforcement officer is found not guilty of the
 9  disciplinary violations, the matter is concluded and no disciplinary
10  action may be taken.
11    (s)  If the law enforcement officer is found guilty, the hearing
12  officer or board shall make a written recommendation of a penalty.
13  The sentencing authority may not impose a penalty greater than
14  the penalty recommended by the hearing officer or board.
15    (t)  A law enforcement officer may appeal from a final decision
16  of a law enforcement agency to a court to the extent available in
17  any other administrative proceeding, in accordance with the Kan-
18  sas administrative procedure act.
19    (u)  A law enforcement officer may waive any of the rights guar-
20  anteed by sections 8 through 13 subsequent to the time that the
21  officer has been notified that the officer is under investigation.
22  Such a waiver shall be in writing and signed by the officer.
23    New Sec. 13.  (a) Sections 8 through 13 do not preclude an
24  agency from providing for summary punishment or emergency
25  suspension.
26    (b)  An emergency suspension shall not affect or infringe on the
27  health benefits of a law enforcement officer or the officer's de-
28  pendents.
29    (c)  There shall be no penalty or threat of penalty against a law
30  enforcement officer for the exercise of the officer's rights under
31  sections 8 through 13.
32    (d)  Nothing in sections 8 through 13 shall be construed to im-
33  pair any other legal right or remedy that a law enforcement officer
34  may have as a result of a constitution, statute, ordinance, rule and
35  regulation, collective bargaining agreement or other sources of
36  rights.
37    (e)  A law enforcement officer who is being denied any right
38  afforded by sections 8 through 13 may petition the court for de-
39  claratory or injunctive relief to prohibit the law enforcement
40  agency from violating such right.
41    (f)  A law enforcement agency shall not insert any adverse ma-
42  terial into the file of any law enforcement officer, or possess or
43  maintain control over any adverse material in any form within the
SB 214--Am. by HCW
                                     

 1  law enforcement agency, unless the officer has had an opportunity
 2  to review and comment in writing on the adverse material.
 3    (g)  A law enforcement officer shall not be required or re-
 4  quested to disclose any item of the officer's personal property,
 5  income, assets, sources of income, debts, personal or domestic ex-
 6  penditures, including those of any member of the officer's house-
 7  hold, unless:
 8    (1)  The information is necessary to the investigation of a vio-
 9  lation of any federal law, state law, rule and regulation, or local
10  resolution or ordinance, with respect to the performance of official
11  duties; and
12    (2)  such disclosure is required by federal law, state law, rule
13  and regulation, or local resolution or ordinance.
14    (h)  Sections 8 through 13 do not preempt existing mutually
15  agreed upon collective bargaining agreements in effect on the date
16  of enactment of sections 8 through 13 that are substantially similar
17  to the rights and coverage afforded under sections 8 through 13.
18    Sec. 8. 14 [8].  K.S.A. 19-801b and 74-5617 and K.S.A. 1996 Supp.
19  74-5602, 74-5602a, 74-5605, 74-5608a and 74-5616 are hereby repealed.
20    Sec. 9. 15 [9].  This act shall take effect and be in force from and
21  after its publication in the statute book.