Ex-officer says he was a whistleblower on scandal. Overland Park calls him untruthful
A former Overland Park detective has appealed his termination after he says he raised concerns about the finances of the police foundation, which led to the resignation of four officers last year.
David Zickel worked for the Overland Park Police Department for 23 years until he was fired in April. City officials said he was terminated for being untruthful, according to court documents.
The Overland Park Civil Service Commission affirmed his firing after a hearing in June. Zickel then filed an appeal in Johnson County District Court.
According to the appeal, Zickel obtained a copy of the Overland Park Police Officer’s Foundation bylaws in December 2021. The document said he was responsible for auditing the foundation’s books. He contends he was not involved in the foundation’s operations and was unaware of that duty.
New foundation board members took office in January 2022 and hired a forensic auditor after allegations of financial misconduct by past board members arose.
In March 2022, Zickel reported the misuse of funds to the police department’s Professional Standards Unit.
About two months later, four officers involved in the foundation, Timothy Tinnin, Rachel Scattergood, Brandon Faber and Bradley Heater, were placed on paid leave.
In October 2023, Johnson County District Attorney Steve Howe announced that the four officers would not be criminally charged. During the DA’s investigation, investigators found that the officers benefited from charitable funds intended for families of officers who were injured or killed. Two of them also directly received scholarship money, which is typically paid to the educational institution.
They wiped their electronic devices clean of any data, according to the district attorney’s office. Howe said the four officers’ lawyers also prevented them from being interviewed by prosecutors.
Despite clear evidence the officers violated the foundation’s bylaws concerning “self-dealing and self-enrichment,” Howe said he could not prove the officers knowingly collected money for unauthorized expenses or misused funds on purpose.
In the meantime, the city had hired an investigator to review the DA’s case file to determine if the four officers had violated city or department policies. During that process, the investigator discovered that Zickel had not audited the foundation’s books and interviewed him. Zickel said he had not seen the bylaws until December 2021, but the investigator concluded that his claims were not credible.
Former Interim Police Chief Simon Happer confronted Zickel about his truthfulness as well as concerns about disparaging remarks the detective had made toward the investigator during the interview, according to a transcript from the June civil commission hearing.
Officers who are not credible can be placed on a Brady-Giglio list, which can make them ineligible to testify in court cases.
During the June hearing, Zickel said he asked for financial statements after he realized he was supposed to be auditing the foundation, but the former foundation board members denied him access. He also testified that he thought the city’s investigator was unfair and biased.
Zickel was placed on administrative leave in December 2023. The four officers resigned that month.
City of Overland Park spokeswoman Meg Ralph said the city terminated Zickel “for numerous City policy violations unrelated to any complaints he made against the former Overland Park Fraternal Order of Police leadership.”
“The City does not terminate employees for reporting a crime or policy violation or otherwise acting as a whistleblower.”
Zickel’s attorney, Barry Grissom, declined to comment, citing the ongoing appeal.
