Four Overland Park police officers will not be charged following misused funds audit

OVERLAND PARK, Kan. (KCTV) - The Johnson County district attorney stated Tuesday morning that his office is declining to file criminal charges against four Overland Park police officers regarding alleged misused funds while acting as Overland Park Police Officers Foundation Board members.

The DA’s office stated in May 2022 that it was reviewing audit findings from the foundation over questions about how funds were being disbursed and spent. Throughout an 18-page finding released by the Johnson County DA’s Office, prosecutors laid out how former Overland Park Police Officer Foundation Board members personally received thousands of dollars in scholarship funds and officer assistance donations for themselves. However, because the bylaws were broadly written and could be informally changed, the actions couldn’t be linked to criminal behavior.

Despite their own bylaws requiring foundation records and minutes of meetings being held by the board be maintained, the Johnson County DA could not find any track of those documents or recordings to show how the former board members made decisions on foundation funds. Plus, all data from their work devices given to prosecutors by the foundation’s new board members was wiped out.

“The foundation basically decided to amend the bylaws from day one,” DA Stephen Howe stated. “And to act in that manner for a majority of the life of the foundation and by virtue of that to allow contributions to be made outside the perimeter of the bylaws.”

Some of those contributions include Officers Brandon Faber, Brad Heater, Rachel Scattergood, and Tim Tinnin allocating foundation funds to cover their own scholarships, personal officer assistance costs, three out-of-state trips and even a veterinarian bill totaling $15,540.81. Even though their initial bylaws restrict any funds to foundation board members.

“There’s no theft by deception because nobody was deceiving anybody,” DA Howe explained. “They were pretty blatant that this was how we’re going to conduct our business, that we were going to expand who was going to be available for officer assistance, and by virtue of that it did not make it a criminal conduct.”

According to Charity Navigator, the Overland Park Police Officer Foundation only has a 14% rating with zero stars, labeled “very poor” with how they do their work. DA Howe explained former board members could still be charged civilly for their actions.

“The Kansas Attorney General’s Office is looking to see if there were any violations of the Kansas Charitable Organizations Solicitations Act,” DA Howe added. “So that’s a civil action.”

All four Overland Park Police Officers remain on paid administrative leave, which they’ve been on since May of 2022 while they investigate if they violated any city policies. There’s no set timeline for that case or the Attorney General’s Investigation.

“These previous Board members repeatedly disregarded the Foundation’s bylaws, a violation of bylaws does not necessarily equate to a violation of criminal law,” DA Stephen Howe stated.

Editor’s Note: This is a breaking news story and will be updated.

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