KC police officers charged with crimes still on payroll, courtesy of Chief Rick Smith

Four Kansas City police officers are currently facing criminal charges. And, at the direction of Police Chief Rick Smith, all four are still on the public payroll.

In at least one case — that of Kansas City Police Department Detective Eric J. DeValkenaere — the order to pay an indicted officer’s salary directly conflicts with the department’s public policy.

The Board of Police Commissioners should publicly discuss Smith’s decisions in all four cases. More importantly, it must re-examine policies that give the chief unilateral discretion to keep a criminal suspect on the force, and paid, even after charges are filed.

It’s increasingly clear that a department charged with policing others has difficulty policing itself.

In June, a Jackson County grand jury indicted DeValkenaere in connection with the shooting death of Cameron Lamb in 2019. DeValkenaere, who shot Lamb as he sat inside a pickup truck, is charged with involuntary manslaughter and armed criminal action.

The department follows a specific procedure when an officer is involved in a shooting incident. The policies give officers rights that are not afforded regular suspects.

But one directive is clear. “The Chief of Police will ... suspend a member without pay pending the outcome of criminal charges if the prosecutor files criminal charges or the grand jury returns a ‘True Bill,’” department policy says.

Even though he’s been indicted on his felony charges, DeValkenaere is still on the payroll. Kansas City Police Department spokesman Jacob Becchina said Smith decided to keep paying the officer based on another department policy, one that isn’t public.

That secret policy says the chief “may” suspend an officer during an investigation or for discipline. The policy makes no reference to criminal charges.

It isn’t clear whether the state-appointed police board discussed the decision with Smith. Becchina would not say, and emails to the board weren’t answered. At minimum, commissioners should ask Smith about his policy on paid suspensions in a public session.

But the board must also begin a thorough review of procedures and policies for criminally-charged officers because the current rules are messy, unclear and apparently optional.

One concern: While department policies require suspension without pay for officers charged in gun incidents, they apparently say nothing about charges involving non-weapon offenses.

That means an officer must be suspended without pay if he’s charged with shooting someone, but may escape the sanction if he’s charged with kneeling on a suspect’s neck, or smashing his face into the ground.

Why the difference? No one knows.

Felony, misdemeanor assaults alleged

This is a real-world concern. Kansas City police officer Matthew Neal has been charged with felony assault in connection with the alleged beating of a 15-year-old suspect in November 2019. At the time of the indictment, the department said Neal had been placed on “administrative leave.”

Payroll records provided to The Star under a Sunshine Law request show Neal is still being paid. His trial is now set for November 2021.

Two other officers, Charles Prichard and Matthew Brummett, have been charged with misdemeanor assault in connection with the arrest of Breona Hill. They’re also getting paid.

Becchina said the four officers aren’t picking up checks because of an agreement with the Fraternal Order of Police or any other rules. This is Police Chief Rick Smith’s call.

“The Chief does have discretion in these matters,” Becchina said in an email.

The Fraternal Order of Police did not respond to a request for comment. Its members will likely argue that it’s unfair to take away an officer’s paycheck before guilt or innocence is decided.

That’s a valid concern. Court cases on this issue are mixed, as are laws in other cities and states. Officers should not be automatically deprived of their income just because of criminal charges.

But what should not happen is allowing any chief of police to make this determination without independent review, without public comment, without discussion. Those charged with enforcing the law must be held to a higher standard of conduct than civilians.

Under the current rules, a Kansas City police officer charged with murder could still walk the streets, still get a check and do it in secret. Officers involved in incidents that cost taxpayers millions in lawsuit settlements can end up back on the streets to fire their weapons again.

That can’t be what the public wants. No chief of police should have absolute discretion — with no oversight and no transparency — in these cases.

Chief Smith has shown repeatedly that he cannot and will not exercise this authority fairly or transparently. He has impeded investigations of officers by withholding probable cause statements, and he’s made it quite clear he’s more interested in protecting his officers than protecting the public.

We have joined with a long list of civil rights groups in calling for Smith’s resignation, and this is one of the reasons why.

If the Board of Police Commissioners still wants to oversee the department and not simply function as a cheerleader, it must get to the bottom of this issue quickly, and in public. When police officers face criminal charges, the chief cannot be the final and only arbiter.