Session of 2000
By Committee on Federal and State Affairs

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.
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


  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.


  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.