Volume 41 - Issue 28 - July 14, 2022
State of Kansas
Kansas Commission on Peace Officers’ Standards and Training
Permanent Administrative Regulations
Article 1.—PEACE OFFICERS’ STANDARDS AND TRAINING
106-1-9. Continuing education or training. The annual continuing education or training required by K.S.A. 74-5607a(b), and amendments thereto, shall be obtained during the period from July 1 of the year in which the requirement arises through June 30 of the following year. (Authorized by K.S.A. 74-5607; implementing K.S.A. 74-5607a; effective, T-106-5-26-22, June 1, 2022; effective July 29, 2022.)
106-2-1. General definitions. Each of the following terms, as used in the commission’s regulations and the Kansas law enforcement training act, shall have the meaning specified in this regulation:
(a) “Applicant” means a person seeking certification as an officer.
(b) “Appointing authority” means a person or group of persons empowered by a statute, local ordinance, or other lawful authority to make human resource decisions that affect the employment of officers. A sheriff shall be deemed to be that individual’s own appointing authority.
(c) “Basic training course” means a curriculum of instruction that meets the training requirements for certification as an officer.
(d) “Criminal history record information” has the meaning specified for that term in K.S.A. 22-4701, and amendments thereto.
(e) “Legitimate law enforcement purpose” means a goal within the lawful authority of an officer that is to be achieved through methods or conduct condoned by the officer’s appointing authority.
(f) “Officer” means a “police officer” or “law enforcement officer,” as defined in K.S.A. 74-5602 and amendments thereto, who has been granted any certification by the commission.
(g) “Official document or official communication” means information created or transferred, in any medium, in the course of performing the duties of an officer required by law or by policies or procedures of an appointing authority or in response to an internal or criminal investigation conducted by a law enforcement agency or training school.
(h) “Other training authority” means an organization or individual with a curriculum of instruction and assessments in firearms or emergency vehicle operation that the director of police training has determined may provide training equivalent to instructor courses offered at the training center.
(i) “Public safety concern” means reason to believe that the health, safety, or welfare of the public at large would be adversely affected as a result of the reduced availability of law enforcement officers.
(j) “Trainee” means a person who is enrolled in a basic training course at a training school.
(k) “Training school” means a training organization operated by a law enforcement agency to provide basic training courses. This term shall include the training center. (Authorized by K.S.A. 74-5603 and K.S.A. 74-5607; implementing K.S.A. 74-5603, K.S.A. 74-5604a, K.S.A. 74-5607, and K.S.A. 74-5616; effective, T-106-6-28-12, July 1, 2012; effective Oct. 12, 2012; amended July 29, 2022.)
106-2-2b. Reporting criminal offenses. 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. (Authorized by K.S.A. 74-5607; implementing K.S.A. 74-5616; effective July 29, 2022.)
106-2-3. Unprofessional conduct. “Unprofessional conduct,” pursuant to K.S.A. 74-5616 and amendments thereto, shall mean any of the following:
(a) Willfully or repeatedly violating one or more regulations promulgated by the commission;
(b) having had a license, certification, or other credential to act as an officer denied, revoked, conditioned, or suspended; having been publicly or privately reprimanded or censured by the licensing authority of another state, agency of the United States government, territory of the United States, or country; or having had other disciplinary action taken against the applicant or licensee by a licensing authority of another state, agency of the United States government, territory of the United States, or country. A certified copy of the record or order of public or private reprimand or censure, denial, suspension, condition, revocation, or other disciplinary action of the licensing authority of another state, agency of the United States government, territory of the United States, or country shall constitute prima facie evidence of such a fact for purposes of this subsection;
(c) 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;
(d) willfully disclosing criminal history record information or other information designated as confidential by statute or regulation, except for a legitimate law enforcement purpose or when required by order of a court or agency of competent jurisdiction;
(e) taking, threatening to take, or failing to take action as an officer if the action is or reasonably would appear to be motivated by a familial, financial, social, sexual, romantic, physical, intimate, or emotional relationship;
(f) using excessive physical force in carrying out a law enforcement objective. As used in this subsection, physical force shall be deemed excessive if it is greater than what a reasonable and prudent officer would use under the circumstances;
(g) exploiting or misusing the position as an officer to obtain an opportunity or benefit that would not be available but for that position;
(h) exploiting or misusing the position as an officer to establish or attempt to establish a financial, social, sexual, romantic, physical, intimate, or emotional relationship;
(i) failing to report, in the manner required by the revised Kansas code for care of children, reasonable suspicion that a child has been harmed as a result of physical, mental, or emotional abuse or neglect;
(j) engaging in any of the following conduct, except for a legitimate law enforcement purpose:
(1) Intentionally using a false or deceptive statement in any official document or official communication;
(2) committing conduct likely to endanger the public;
(3) performing duties as an officer while using or under the influence of alcohol;
(4) using any prescription-only drug, as defined by K.S.A. 65-1626 and amendments thereto, that impairs the officer’s skill or judgment in performance of duties as an officer; or
(5) using any controlled substance that is unlawful to possess, as defined by K.S.A. 2021 Supp. 21-5706 and amendments thereto;
(k) intentionally using a false or deceptive statement to gain employment or certification as a law enforcement official; or
(l) engaging in academic misconduct while attending a basic training course or any other course conducted at a training school. Academic misconduct shall include cheating on examinations, engaging in plagiarism, and providing or receiving unauthorized assistance on individual assignments and exercises. (Authorized by and implementing K.S.A. 74-5616; effective, T-106-6-28-12, July 1, 2012; effective Oct. 12, 2012; amended July 29, 2022.)
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