Independence cop at center of OT investigation received mayoral award for similar work
The Independence police officer who set off a citywide investigation about potential overtime misuse received an award for completing similar work several years ago.
City leaders say Kevin Nightingale, a master officer in the Independence Police Department, was paid more than $160,000 in overtime last year for completing construction work on the police building that was not authorized by City Hall. On top of his regular pay, he earned nearly $270,000 in total compensation — more than any other city employee.
After being notified of the issue by a whistleblower, City Manager Zach Walker ordered the department to stop all construction work as he launched an investigation into the matter. He also placed Acting Chief Ken Jarnagin on paid administrative leave.
Walker said he sanctioned construction work, but said the department should have tapped the public works department for in-house labor or put the project out to bid. He said he only just learned that the department was paying sworn officers overtime for such work.
But public records reveal that the police department has been aware of the practice for years.
In 2018, Nightingale received a Meritorious Service Award signed by Independence Mayor Eileen Weir.
In an email nominating him for the award, Sgt. Phil Hininger noted that the officer had completed over 20 construction projects for the police department on top of his regular duties. Those projects included remodeling the squad room, patrol break room, evidence storage system and two separate remodels of the captain’s office and sergeant’s office. Nightingale also renovated the Independence Center Substation, the Fairmount Action Center and the Jackson County Drug Task Force office.
Hininger’s note says the officer’s work was voluntary and was compensated through “compensatory time only.” The projects were described as high-quality work that provide police employees with a “more productive and efficient workplace.”
“They have taken substantial amount of time and often under rapid deadlines for completion,” the note reads. “These projects have taken away from his family, friends and other outside commitments.”
Efforts to reach Nightingale were unsuccessful.
Weir said she receives a stack of such awards at least once a year. Department leaders identify people who deserve them and she is usually not aware of the specific achievements being highlighted, she said.
“They print out the certificates, they send them to my office, and I sign them.” Weir said, adding that she does not recall signing the particular award for Nightingale four years ago.
She downplayed the significance of her signing the award, noting that she has signed many of them over her eight-year tenure.
“I don’t make those selections,” she said. “They’re made by the police department.”
Weir acknowledged that questions continue to linger in the community about the city’s overtime practices.
“Obviously, that’s why we’re conducting the investigation,” she said, “to figure out what happened.”
Overtime slips from last year show police command staff repeatedly signed off on Nightingale’s remodeling work. But the city manager maintains that work was done without his permission.
“At no time was the delivery of that or any other construction projects in the police department being performed by officer Nightingale brought to my attention,” Walker told The Star.
On Friday, Independence announced it had retained Daniel Nelson from Kansas City law firm Spencer Fane LLP to head the investigation of overtime practices in the police department. Nelson is a former deputy chief prosecutor from the Jackson County Prosecutor’s Office and previously worked as an assistant U.S. attorney in the Western District of Missouri’s Kansas City office.
Nelson will conduct interviews, review documents and share results of his investigation with the city.
“The City will rely on the results of his investigation to determine next steps regarding employee discipline, policies, and procedures,” Independence spokeswoman Meg Lewis said in a statement. “The City is confident Mr. Nelson will provide the answers our taxpayers, employees, and elected officials deserve.”
While at the Jackson County Prosecutor’s office, Nelson investigated evidence in the case of Kevin Strickland, who maintained his innocence decades after being sentenced to life in prison for a 1978 triple homicide. In late November, a judge exonerated and released Strickland after prosecutors argued he was “factually innocent.”
“As special counsel, I will gather information and conduct interviews as necessary to independently evaluate the appropriateness of certain overtime practices in Independence, Missouri,” Nelson said in a statement. “The taxpayers of Independence deserve answers to questions recently raised.”
Nelson encouraged individuals with relevant information to email him at specialcounsel@spencerfane.com.
This story was originally published February 11, 2022 at 7:27 PM.
