STATE OF KANSAS

OFFICE OF THE ATTORNEY GENERAL

DEREK SCHMIDT MEMORiAL HAll

September 12, 2019 120 SW 10TH AVE.. 2ND F OOR

TOPEKA. KS 66612-1597
(785) 296-2215 • FAX (785) 296-6296
Thomas Walters . WWW.AG.KS.GOV

213 E. Carlton
Pittsburg, KS 66762

Re: Ouster Complaint - Pittsburg Police

Dear Mr. Walters:

We are in receipt of your September 4,2019 Ouster Complaint to our office that was received
on September 11, 2019 . Your complaint deals with the Pittsburg Police Chief and a Pittsburg Police
officer involving a specific incident related to a noise complaint by you. Your complaint deals with
alleged failure to properly train officers and failure to be aware of the Pittsburg city noise ordinance.
You ask that we investigate pursuant to K.S.A. 60-1206 for a violation of K.S.A. 60-1205's willful
misconduct in office provision

First, the Pittsburg Police Chief and a Pittsburg Police officer are not state officers. They are
employees of the City of Pittsburg, Kansas. City employment matters should be taken up with the
Pittsburg City Commission rather than this office.

Second, your complaint deals primarily with police training issues. Our office is not the proper
agency to investigate police training issues. The Kansas Commission on Peace Officers' Standards and
Training handles these matters.

Third, alleged inadequate training or failure to be aware of local ordinances do not rise to the
level of willful misconduct that would warrant ouster. Ouster is a remedy that is reserved for only the
most serious misconduct of public officials.

Based on the above, this office declines to take further action in response to your complaint.

Thank you for your inquiry.

Sincerely,

OFFICE OF ATTORNEY GENERAL

DEREK SCHMIDT

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Dennis D. Depew
Deputy Attorney General, Civil Litigation
DDD/drw