Title 2 - Administration and Personnel

2.66.1000 Chief of Police.

The commissioned law enforcement officer position of Chief of Police shall be the chief executive officer of the police department.  The Chief of Police shall be appointed by the City Manager, shall be responsible for the general management and control of the police department and subject to supervisory control by the City Manager, and shall administer the police department in a manner consistent with the ordinances of the City, the laws and Constitution of the state of Kansas and the United States Constitution.  The provisions of the Civil Service ordinance shall not be applicable to the Chief of Police, provided, however, the Chief of Police shall be subject to the employment conditions set forth in the Overland Park Employee Handbook.  The person appointed to the position of Chief of Police shall hold the rank of "Colonel."

(History: Ord. CSC-1983 §1, 96) [Source or prior law: 2.66.010]

Effective on: 1/1/1901

2.66.1010 Appointment to Deputy Chief of Police.

The City Manager or his or her designee shall make all appointments to the commissioned law enforcement officer position of Deputy Chief of Police.  The number of Deputy Chief of Police positions within the police department shall be determined by the City Manager or his designee.  Persons appointed to the position of Deputy Chief of Police shall not be subject to the provisions of the Civil Service Ordinance; provided, however, they shall be subject to the employment provisions of the Overland Park Employee Handbook.  Persons appointed to the position of Deputy Chief of Police shall hold the rank of “Lieutenant Colonel.”

(History: Ord. CSC-2697 §1, 2007; PD-2372 §1, 2002; SC-1983 §2, 96) [Source or prior law: 2.66.020]

Effective on: 1/1/1901

2.66.1015 Appointment to the Position of Major of Police.

The City Manager or his or her designee shall make all appointments to the commissioned law enforcement position of “Major of Police.”  The number of “Major of Police” positions within the police department shall be determined by the City Manager or his or her designee. Persons appointed to the position of “Major of Police” shall not be subject to the provisions of the Civil Service Ordinance or the jurisdiction of the Civil Service Commission; provided, however, persons holding the position of “Major of Police” shall be subject to the disciplinary and other non-police provisions of the Overland Park Employee Handbook.

(History: Ord. PD-2372 §2, 2002; CSC-2158 §1, 99)

Effective on: 1/1/1901

2.66.1016 Appointment to the Position of Captain of Police.

The City Manager or his or her designee shall make all appointments to the commissioned law enforcement position of Captain of Police.  The number of Captain of Police positions within the police department shall be determined by the City Manager or his or her designee.  Persons appointed to the position of Captain of Police shall not be subject to the provisions of the Civil Service Ordinance or the jurisdiction of the Civil Service Commission; provided, however, persons holding the position of Captain of Police shall be subject to the disciplinary and other non-police provisions of the Overland Park Employee Handbook.

(History: Ord. CSC-2697 §2, 2007)

Effective on: 1/1/1901

2.66.1020 Other Appointments to the Police Department.

The City Manager or his or her designee shall make all appointments to the commissioned law enforcement positions of sergeant and police officer based upon merit and overall qualification for the position and as provided herein.

(History: Ord. CSC-2945 §1, 2012; CSC-2697 §3, 2007; CSC-2594 §1, 2005; PD-2372 §3, 2002; CSC-2158 §2, 99; CSC-1983 §3, 96) [Source or prior law:  2.66.020]

Effective on: 1/1/1901

2.66.1030 Commissioned Officer Oath of Office.

The Chief of Police, Lieutenant Colonels of Police, Majors of Police, Captains of Police and all other commissioned officers appointed pursuant to this Ordinance shall take the following oath administered by an officer authorized to administer oaths as set out in K.S.A. 54-101, and amendments thereto:

"I do solemnly (swear)(affirm) that I will support the Constitution of the United States, the Constitution and laws of the state of Kansas and the ordinances of the City of Overland Park and that I will faithfully discharge the duties of (the position appointed to), so help me God."

(History: Ord. CSC-3046 §1, 2014; CSC-2697 §4, 2007; PD-2372 §4, 2002; CSC-2158 §2, 99; CSC-1983 §4, 96) [Source or prior law: 2.66.030]

Effective on: 1/1/1901

2.66.1040 Reserve Officers, Appointment and Training.

The City Manager or his or her designee shall appoint as he or she deems necessary "reserve" commissioned police officers.  Reserve police officers shall be citizen volunteers and will receive a salary of one dollar for each year of service.  Reserve police officers are not "employees" and are not subject to the provisions of the Civil Service ordinance or the Employee Handbook; provided, however, as volunteers they are subject to workers compensation protection as provided by law and City policy.  Reserve officers shall be used as an augmentation of the full-time commissioned officer force; provided, reserve officers assigned law enforcement duties will have the full legal authority and powers of full-time commissioned officers when fulfilling lawful duties and responsibilities.  Reserve officers shall meet the minimal hiring and training requirements established by the Chief of Police and shall be subject to the rules and regulations of the police department.  Failure to comply with the rules and regulations of the police department, failure to obey the orders of superior officers or other misconduct shall subject reserve officers to revocation of their reserve police commission and prohibition from further volunteer reserve service.  The Chief of Police shall establish rules and regulations to govern volunteer reserve police officers.

(History: Ord. CSC-1983 §5, 96) [Source or prior law:  2.66.060]

Effective on: 1/1/1901

2.66.1050 Powers of Commissioned Police Officers.

Commissioned police officers shall at all times have the power and authority to make arrests and such other authority as provided by law.

(History: Ord. CSC-1983 §6, 96)  See also 2.33.310 & 2.33.320 [Source or prior law:  2.66.040]

Effective on: 1/1/1901

2.66.1070 Police Badges and Insignia.

The Chief of Police shall have the power and authority to prescribe an appropriate form of badge and other insignia to be worn by commissioned law enforcement officers, by which such officers and members of the department may be known.  The Chief of Police shall establish rules and regulations for the wearing of badges and insignias and for the issuance and accountability of the same.

(History: Ord. CSC-1983 §8, 96)

Effective on: 1/1/1901

2.66.1080 Police Commissions.

The Mayor, upon submission of names by the Chief of Police, may issue "police" commissions as follows:

1. 1.
   "Commissioned law enforcement officer commissions" to those persons granted by law the authority to arrest and issue notices to appear.
2. 2.
   “Fire investigator commissions” to those persons certified by the State Fire Marshal’s Office who are granted by law authority to make arrests, carry firearms and conduct searches and seizures while investigating any fire or explosion in which arson or attempted arson is suspected or in which there is an attempt or suspected attempt to defraud an insurance company.
3. 3.
   "City officials' commissions" to the Mayor, City Councilmembers, City Manager and Civil Service Commission members.
4. 4.
   "City officer commissions" to those City employees granted by law the authority to issue notices to appear; provided, department directors shall be responsible for insuring only qualified individuals are issued such commissions and that commissions are retired when no longer needed.

The Chief of Police shall establish rules for the issuance of police commissions that will provide for qualification standards, records, revocation, invalidation and accountability.

(History: Ord. CSC-2576 §1, 2005; CSC-1983 §9, 96) [Source or prior law:  2.66.120]

Effective on: 1/1/1901

2.66.1090 Property Defined.

"Property" as used in 2.66.1100 through 2.66.1120 means and includes any and all personal property recovered by the police department in the conduct of its authorized duties and activities of the department; provided that any property confiscated by the department for use as evidence in any criminal proceeding in the municipal court shall not be sold and appropriated hereunder until the judge of the court, or the chief judicial officer of any other judicial tribunal having jurisdiction over the property, has released the same as evidence and caused the same to be delivered to the police department.

(History: Ord. CSC-1983 §10, 96) [Source or prior law:  2.66.300]

Effective on: 1/1/1901

2.66.1100 Disposal of Property.

The Governing Body herein authorizes the Police Department of the City to sell or otherwise dispose of unclaimed property on or after 45 days if a bicycle and 90 days for all other property from the date upon which the department acquires custody of property described in Section 2.66.1090.

(History: Ord. CSC-2757 §1, 2008; CSC-1983 §11, 96) [Source or prior law:  2.66.310]

Effective on: 1/1/1901

2.66.1110 Publication of Notice of Sale of Property.

Whenever property is to be sold as provided for in Sections 2.66.1090 and 2.66.1100, the Police Department will cause to be published in appropriate media outlets including, at a minimum, an official legal newspaper of the City notice: 

1. a.
   If a public auction in the City, notice that a public sale of the property will occur that contains the date, hour and place of the sale; provided that the notice is published in the newspaper once weekly for two consecutive weeks preceding the date of public sale.  The Police Department will also cause notice of the public sale to be posted on the City of Overland Park’s website;
2. b.
   If the public auction is conducted on the internet, notice that a public sale of the property will occur identifying the website hosting the auction; provided that the notice is published in the newspaper once weekly for two consecutive weeks preceding the date of the first internet auction, and thereafter twice per year.  The Police Department will also cause notice of internet auctions to be posted on the City of Overland Park's website.

(History: Ord. CSC-2757 §2, 2008; CSC-1983 §12, 96) [Source or prior law:  2.66.320]

Effective on: 1/1/1901

2.66.1120 Deposit of Proceeds from Sale.

Proceeds from the sale of property described in 2.66.1090 through 2.66.1110 shall be deposited in the general revenue fund of the city.

(History: Ord. CSC-1983 §13, 96) [Source or prior law:  2.66.330]

Effective on: 1/1/1901

2.66.1125 Hiring Process.

To fill the commissioned officer staffing needs of the police department, the Chief of Police shall develop a hiring process that complies with the provisions of AP-105 and other City policies. The Director of Human Resources shall assist the Chief of Police in the development and administration of the hiring process. The Chief of Police shall develop and implement the necessary rules and regulations to insure the proper and effective administration of the hiring process to include but not limited to insuring each applicant for a commissioned police officer position shall meet the requirements of the State of Kansas relating to the qualifications of a commissioned police officer.

(History: Ord. CSC-2158 §1, 99)

Effective on: 1/1/1901