Session of 2000
SENATE BILL No. 637
By Committee on Federal and State Affairs
2-16
10 AN ACT
concerning the Riley county law enforcement agency; amend-
11 ing K.S.A. 19-4429 and
19-4432 and repealing the existing sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 19-4429 is hereby amended to read as follows:
19-
15 4429. The agency shall be responsible for
the enforcement of law and the
16 providing of police protection throughout
the county and for this purpose
17 is hereby authorized to:
18 (a) Appoint and
establish the salary and compensation of a law en-
19 forcement director for the county;
20 (b) authorize and
provide for the appointment of such law enforce-
21 ment officers and other personnel as the
agency shall deem necessary to
22 carry out the intent of this act;
23 (c) establish a
job classification and merit rating system for law en-
24 forcement officers and provide for the
administration thereof by county
25 or city personnel;
26 (d) establish a
schedule of salaries for law enforcement officers and
27 other personnel;
28 (e) hear and
affirm or revoke appealed orders of the director provid-
29 ing for the suspension or
dismissal removal of law enforcement
officers.
30 The agency may appoint a panel for the
purpose of hearing and affirming
31 or revoking the appealed order of
suspension or removal of law enforce-
32 ment officers;
33 (f) authorize the
acquisition and disposition of equipment and sup-
34 plies necessary for the operation of the
agency and department;
35 (g) require the
keeping of proper law enforcement records and files
36 by the department;
37 (h) adopt and
certify to the board of county commissioners of the
38 county a budget for the operation of the
agency and department;
39 (i) enter into
contracts for and receive moneys from any private or-
40 ganization or agency, the federal
government or the state or any political
41 or taxing subdivision thereof on behalf of
the county for the use of the
42 agency and department;
43 (j) receive
vehicles, equipment and supplies from the county sheriff's
2
1 department for the use of the law
enforcement department;
2 (k) sell
police vehicles belonging to the law enforcement department
3 and credit the proceeds to a separate
fund to be expended for the oper-
4 ation of the county law enforcement
agency and department;
5 (l) enter
into contracts with any political or taxing subdivisions or
6 districts of the state located within
such county, empowered to enter into
7 a contract for such purpose, for
providing special police protection within
8 the boundaries of such political or
taxing subdivision or district;
9 (m) enter
into contracts with cities located within the county for the
10 enforcement of specified ordinances or the
acquisition of city law en-
11 forcement equipment and property for the
use of the department;
12 (n) adopt rules
and regulations necessary for the organization and
13 operation of the agency and department;
and
14 (o) adopt
procedures for the conduct of hearings from the suspension
15 or dismissal of law enforcement
officers; and
16 (o)
(p) perform such other duties as may be provided by
law.
17 Sec.
2. K.S.A. 19-4432 is hereby amended to read as follows:
19-
18 4432. The director shall appoint such law
enforcement officers as he
19 deems deemed
necessary for the proper enforcement of law and the pro-
20 viding of police protection within the
county. All officers regularly ap-
21 pointed shall be qualified under the
provisions of K.S.A. 74-5601 et seq.,
22 and amendments thereto, but an
officer may receive a temporary appoint-
23 ment pending his
completion of the requirements for a certificate there-
24 under. The agency shall determine and fix
such additional minimum qual-
25 ifications to be required of persons
appointed as law enforcement officers
26 as they may deem
deemed necessary, and may provide for the examination
27 of applicants therefor. Law enforcement
officers appointed under the
28 provisions of this act shall be responsible
to and may be suspended or
29 removed by the director
for cause. The director, within twenty-four
(24)
30 24 hours thereafter, shall report
such suspension or removal and the rea-
31 son therefor to the agency
who. The agency or hearing panel as
soon
32 thereafter as possible, shall
fully hear and determine the matter and affirm
33 or revoke such suspension or removal
when such suspension or removal
34 is appealed by such officer.
35 New Sec.
3. The agency may appoint a panel for the purpose of
36 hearing and affirming or revoking the
suspension or removal of any law
37 enforcement officer. A determination of a
panel shall be binding upon
38 the agency and there shall be no appeal
from the determination to the
39 agency. Such panel shall have at least
three members of whom at least 1/2
40 shall be members of the agency. Terms for
panel members shall be as
41 established by the agency. The agency shall
provide such panel with the
42 necessary personnel and shall prescribe, by
resolution, the duties and
43 procedures of such panel.
3
1 New Sec.
4. (a) The agency, or any panel established pursuant to
2 section 3, and amendments thereto,
shall conduct its hearings in accord-
3 ance with the rules of procedures
adopted by the agency. The agency or
4 panel shall not be bound by the
technical rules of evidence. The agency
5 or panel shall compel the attendance,
at such place as may be designated
6 in this state, of witnesses and the
production of books and papers perti-
7 nent to any hearing, and take
depositions of witnesses. Subpoenas also
8 shall be issued at the request of the
parties to the proceedings. The agency
9 or panel, or any member thereof, may
administer oaths and take testi-
10 mony. The agency or panel may examine such
records in relation to any
11 matter before it. All officers and other
persons shall attend and testify
12 when required to do so by the agency or
panel. In case of the refusal of
13 any person to comply with any subpoena
issued hereunder or to testify
14 to any matter regarding which such person
lawfully may be interrogated,
15 the district court of Riley county, on
application of any one of the mem-
16 bers of the agency or panel, may issue an
order requiring such person to
17 comply with such subpoena and to testify.
Any failure to obey such order
18 of the court may be punished by the court
as a contempt thereof.
19 (b) Each person
not in the employ of the department who appears
20 before the agency or panel by order shall
receive for such attendance the
21 fees and mileage provided for witnesses in
civil actions in the district
22 court. Such fees and mileage shall be
audited and paid upon presentation
23 of proper vouchers. Witnesses subpoenaed at
the request of parties other
24 than the agency or panel shall be entitled
to compensation for attendance
25 or travel only if the agency or panel
certifies that the testimony of such
26 witnesses was relevant and material to the
matter investigated.
27 Sec. 5. K.S.A. 19-4429 and
19-4432 are hereby repealed.
28 Sec. 6. This act shall
take effect and be in force from and after its
29 publication in the statute book.