Kansas clearly has a requirement for officers to self-report certain training act violations. The Kansas Administrative Regulation on self-reporting states that …. “Each individual who holds a certification from the commission shall report to the commission if the individual is arrested, cited, or charged with a criminal offense that would be grounds for discipline pursuant to K.S.A. 74-5616(b)(5), and amendments thereto. The individual shall report the event to the commission, on a form provided by the director, within 10 days after arrest or discovery of the filing of the criminal proceeding.” More details on self-reporting can be found in the July 2022 spotlight available on our website.
This month we address a timely subject with Volume 19 of the Integrity Bulletin being sent out. However, is an officer mandated to report when he/she has witnessed another officer commit an act that would be a violation of the Kansas Training Act and related administrative regulations? The answer to that question can be found in Kansas Administrative Regulation 106-2-3(c).
Before we jump into the details of this spotlight’s focus, let’s review a few things. First off, the information provided in this spotlight does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available as a result of this spotlight are for general informational purposes only. Secondly, this topic is likely covered in agency policy and procedure manuals. We highly encourage officers to be familiar with the expectations set by his/her department.
Kansas Administrative Regulation 106-2-3(c) states that unprofessional conduct is …. “Willfully failing to report to the appointing authority or its designee knowledge gained through observation that another officer engaged in conduct that would be grounds for discipline by the commission;”
This regulation suggests several things. First, officers need to be familiar with what constitutes a training act violation. The training act and all related regulations are available on our website. Additionally, KSCPOST has fulfilled dozens of training requests for departments and regions to widen the knowledge of the training act. The Kansas Law Enforcement Training Center has a new program titled Post Academy Training. The course is designed for officers that are just a couple of years into their career. KSCPOST has been given a 2-hour block during this course to share what officers need to know about their certification.
Secondly, the regulation states that the witnessing officer report the observation to his/her appointing authority. The POST often gets calls from officers that believe they have witnessed a training act violation and feel the need to report it to us. I think this speaks well of Kansas law enforcement officers in the desire for public trust and to keep the profession unsullied. However, KSCPOST is not an officer’s appointing authority. Appointing authority refers to an officer’s hiring agency. Therefore, an officer will satisfy his/her responsibility to report another officer’s violation of the training act by reporting the conduct to his or her supervisor/chief/sheriff/director.
It is important to note that when KSCPOST investigators receive calls from officers that want to report a possible violation, we do listen, document the call and investigate as necessary. In addition, we tell the officer that satisfying his/her obligation only occurs when they report it to a supervisor. We do not want to discourage officers from reporting violations to KSCPOST, but merely want to highlight an officer’s additional obligation to report the conduct to the agency head.
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 to receive updates. If you have a topic that you would like KSCPOST to examine in future spotlights, please contact us.
January 2024 - Employment Forms Available on the Central Registry Database
December 2023 - Background Applicant Waiver and Personal History Statements
November 2023 - Suggested Background Investigation Questions
October 2023 - K.S.A. 74-5609a Tuition; Reimbursement of Tuition
September 2023 - Law Enforcement Officer Safety Act
August 2023 Spotlight - Training Classification
July 2023 Spotlight - Individual Officer Forms
June 2023 Spotlight - Inidvidual Access to Training Records
May 2023 Spotlight - College Courses for Training Requirement
April 2023 Spotlight - Basic Training Hours in the Central Registry
March 2023 Spotlight - Spotlight on the Topic of the Officer Status Change Form
February 2023 Spotlight - Data from January Survey
January 2023 Spotlight - Collecting Data to Better Serve Kansas LE
December 2022 Spotlight - Mission (Not Impossible) Professionalism
November 2022 Spotlight - Law Enforcement Applicant Qualifications and Applicant Disqualifiers
October 2022 Spotlight - KSCPOST Officer Status Change Form
September 2022 Spotlight- Field Training Officer's Program
August 2022 Spotlight - FY2022 Review
July 2022 Spotlight - Self-Report Form
June 2022 Spotlight - Annual 40 hours of Law Enforcement Education or Training
May 2022 Spotlight - Part-time Officers and Auxiliary Personnel
April 2022 Spotlight - KSCPOST as an Agency Resource for Applicant Background Checks
March 2022 Spotlight - The POST Approach to Mental Health and "Fit for Duty"
February 2022 Spotlight - KSCPOST Investigations
January 2022 Spotlight - Updated Demographic and Employment Form