Lawmakers seek review of Highway Patrol dismissals

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Lawmakers are seeking a review of the firing of two officers at the Kansas Highway Patrol to make sure the agency followed proper procedures.

Republican state Rep. John Barker has put together request for a 100-hour audit that would examine the dismissal of Majs. Scott Harrington and Josh Kellerman last month.

The review will be considered when the Legislative Post Audit Committee convenes Wednesday.

At the time the troopers were let go, a Highway Patrol spokesman told The Associated Press that “their performance and leadership was unsatisfactory and did not meet the standards set by their superiors.”

However, the Kansas State Troopers Association said the officers had supported several female employees who filed complaints regarding unwelcome contact from Highway Patrol Superintendent Col. Herman Jones.

The association described the dismissals as “retaliatory terminations.”

Since then, the Troopers Association has reached out to lawmakers, asking them to examine the dismissals further. The president of the association declined comment.

Based on information he’s received from various troopers, Republican Rep. Stephen Owens said he believes the dismissal of the majors deserves further investigation.

“We have two well decorated leaders in our Highway Patrol that were terminated for  ultimately raising some flags as it relates to the conduct of Herman Jones,” Owens said.

“There is some concern from many within the ranks that there was some inappropriate behavior there and these gentlemen were raising those flags and trying to get it corrected on behalf of the staff,” he said.

“When it was found not to be substantiated, they were terminated,” he said.

A spokesman for the Highway Patrol said Monday that the agency adheres to applicable laws and policies. He declined to comment further because it was a personnel matter.

Barker, a member of the post audit committee, said he had not talked to the troopers but had been approached by other legislators about looking into the matter.

He said the goal of an audit like this is to see if there is any smoke.

“If there’s no smoke, there’s probably no fire and it will go no further,” he said.

The audit’s focus will be on whether the Highway Patrol followed applicable policies and procedures for the dismissal of Harrington and Kellerman.

Auditors would work with the Highway Patrol staff and review documentation related to the dismissal of the two majors.

It also would compare the Highway Patrol’s personnel documentation in the cases of Kellerman and Harrington and compare it to the agency’s procedures and civil service policies, if they are applicable.

Harrington was the administrative services executive commander, and Kellerman was the east region executive commander.

Harrington joined the patrol in 2000 and was promoted to major in April 2015. Kellerman joined the patrol in 2003 and was promoted to major in December 2017.

The dismissals of Harrington and Kellerman were announced the same day the governor’s office released summaries of two investigations that cleared Jones of any wrongdoing stemming from three complaints lodged against him.

The investigations — one done internally by the Department of Administration and another done by an independent law firm — focused on allegations of sexual harassment, misuse of a state aircraft and gender discrimination.

Jones was exonerated in all three complaints.