Editorial: Public deserves open records

A bill that would limit public knowledge of police conduct is bad policy and should be defeated.

Recent investigations involving Lawrence police officers make compelling cases for keeping records of the Kansas Commission on Peace Officer Training and Standards open to public inspection.

The CPOST registry in Topeka includes records on all certified law enforcement officers in Kansas. Law enforcement agencies are required to file updates any time an officer has a change in status. Only officers with active certifications in the registry can work as law enforcement officers in the state.

House Bill 2070, filed last month, would exempt CPOST records from the Kansas Open Records Act, meaning basic information on the certification status, employment history and complaints against law enforcement officers would not be subject to public inspection. A compromise on the bill was reached last week during a House Judiciary Committee hearing that would keep some records open but limit most of the information available.

Since 2014, at least four former Lawrence police officers — Kyle Owens, Nicolas Simon, William Burke and Frank McClelland — have been accused of violence against others. CPOST records have been important to the Lawrence Journal-World’s research of their cases. Three of the officers — Owens, Burke and McClelland — remain certified with CPOST.

Owens was accused of battery against a man with an outstanding warrant at a strip club in April 2016. He resigned in August, and a week later the district attorney said no charges would be filed. Owens remains certified and is working as a police officer in Kansas.

CPOST records show Simon was accused of covering a woman’s mouth and pushing her head into a wall, a misdemeanor. Simon was on duty at the time of the incident. CPOST documents indicate Simon left the department on Dec. 17, 2014, and his certification was revoked on Aug. 21, 2015.

Burke was arrested in early 2015 on suspicion of felony kidnapping, aggravated battery, aggravated assault, domestic battery and criminal threat in connection with an incident in which he is alleged to have, among other things, assaulted a female officer and locked her in a dog cage. Burke, who has sued the city, is no longer with the department but remains certified according to CPOST.

McClelland was accused of knocking a man to the ground and punching him in the face several times while on duty last August. He previously is alleged to have bashed a man’s head into a squad car. McClelland has been charged with misdemeanor battery in connection with the incident. He remains certified.

“We are an agency of 187 employees,” Police Chief Tarik Khatib said when asked about the incidents involving Lawrence officers. “Mistakes and misconduct will occur. It’s a reality of our humanity and the stress of the job.”

Of course, Khatib is right. But sealing records of such episodes runs the risk of compounding those mistakes and misconduct. CPOST records are already heavily redacted before being made available to the public. Further limits are unnecessary and House Bill 2070 should be defeated.