Governor Laura Kelly’s Office announces conclusion of internal and independent investigations conducted at the Kansas Highway Patrol

 

TOPEKA – Today, the Kansas Highway Patrol announced Majors Scott Harrington and Josh Kellerman are no longer employed at the agency. The staff changes are part of Superintendent Colonel Herman Jones’ efforts to make the Kansas Highway Patrol as effective as possible in achieving the agency’s mission.

 

“Since my appointment last year, I have prioritized building a culture and a structure within our agency that will help our troopers best serve the people of Kansas,” Colonel Jones said. “I’m confident that the Kansas Highway Patrol will continue to grow stronger as an organization and improve our ability to carry out our mission.”

 

As a result of Governor Kelly’s and Colonel Jones’s commitment to a successful and transparent Kansas Highway Patrol, the Governor also released summaries of an internal and an independent investigation into complaints against Colonel Jones. The first investigation was conducted by the Department of Administration. The firm of Fisher, Patterson, Sayler & Smith, LLP was then retained to conduct a thorough and independent investigation, to ensure a review of the complaints that was separate from the Kelly Administration.

 

The investigation conducted by the Department of Administration provided an assessment, rather than a judgement of the accusations. The independent investigation, which was concluded this week, found the complaints of sexual harassment against Colonel Jones were unsubstantiated.

 

“My administration has a responsibility to make sure the agency and leadership are living up to the values that Kansans expect,” Governor Laura Kelly said. “The Kansas Highway Patrol is our state’s premiere law enforcement agency, and they have a responsibility to meet the standard that comes with this position. While my confidence in the men and women who make up our force of troopers has never wavered, there is no question that there were cultural issues and a lack of accountability that go back years. I believed when I appointed him, that Colonel Jones was the right man for the job and my belief has been reaffirmed.  He has my full support.”

 

Three primary complaints regarding Colonel Jones were raised and investigated. In order to protect the identities and privacy of the complainants in the investigation, who are valued employees still serving at the Kansas Highway Patrol, the investigations have been summarized below.

 

1. Complaints of sexual harassment in the form of unwanted/unwelcome physical contact and verbal comments.
   1. These complaints were raised by three KHP employees and generally alleged that Colonel Jones greeted the employees by slapping their backs, shaking their hands, patting their shoulders, hugging, standing close to the employee, and sometimes making awkward comments that were not of a sexual nature.
   2. Investigators interviewed the complainants, other witnesses, and Colonel Jones. The employees did not allege that the physical contact or comments were of a sexual nature. Colonel Jones was interviewed and indicated that he did not know the physical nature of the greetings made the employees uncomfortable and would avoid such contact in the future.
   3. The investigation exonerates Col. Jones with respect to the complaints of sexual harassment/discrimination.

 

1. Complaints of misuse of a state aircraft.
   1. Another complaint alleged that Colonel Jones misused a state aircraft for his family to travel on vacation.
   2. Investigators interviewed witnesses, obtained flight logs, and interviewed Colonel Jones.
   3. The investigation determined that Colonel Jones has used a state aircraft only twice. In Spring 2019 he flew to Pratt for a funeral of a law enforcement officer in Greensburg and flew back to Wichita for a graduation ceremony. This was state business and an appropriate use of the aircraft. Colonel Jones also used a state aircraft in July 2019 to return early from a vacation in Eagle, Colorado, so that he could attend a Governor’s Cabinet meeting. The vacation had been scheduled and paid for long before Colonel Jones was appointed KHP Superintendent, and the Governor’s Cabinet meeting was mandatory for all Cabinet members. Colonel Jones left his vacation several days early to return to work and none of his family accompanied him on the flight. This was also an appropriate use of the aircraft for state business.

 

1. Complaint of gender discrimination.
   1. Another complaint involved a KHP employee arising from a number of unrelated administrative actions. The employee did not initially feel any of the actions were motivated by gender discrimination. The employee raised the issue to Human Resources after another employee suggested an action may have been the result of gender bias.
   2. The investigators interviewed the employee, Colonel Jones, and other witnesses.
   3. The investigation determined Colonel Jones’ administrative actions and decisions were not motivated by gender discrimination but were instead consistent with various KHP policy and accountability priorities.

Governor Laura Kelly and Department of Commerce Launch New Kansas Certified Sites Program

 

TOPEKA—Governor Laura Kelly today announced the Department of Commerce’s launch of the new Kansas Certified Sites program, a critical tool that will help accelerate economic development efforts throughout the state.

 

The new program will let developers know when the state has deemed a potential site ideal for investment and development. Kansas Certified Site designations are appealing to investors and site selectors because the certification:

• provides important background information on a site’s availability, utilities, site access, environmental records and site development costs;
• encourages faster site selection decisions; and
• can help undeveloped “greenfield,” or expansion projects get started.

 

“The Kansas Certified Sites program will be a helpful tool in recruiting and expanding businesses, as we continue growing our state’s economy and working to safely keep Kansas open for business,” Governor Laura Kelly said.

 

“Businesses need certainty and predictability when they’re making investment decisions, and that’s exactly what the Kansas Certified Site designation provides,” Secretary of Commerce David Toland said. “Once certified, contractors looking to build and companies looking for a location know that a site is shovel ready. That’s a huge advantage for businesses and communities in this highly competitive marketplace.”

 

The Kansas Certified Site designation is valid for three years, unless the property is sold or leased within that time. To obtain the designation, communities must undergo a stringent review process that demonstrates they have addressed a defined set of prerequisites, including:

 

• Ownership information
• Property information
• Environmental and cultural information
• Access information
• Community information

 

Successful recipients of the Kansas Certified Site designation receive many benefits, including marketing and investment attraction support. The Kansas Certified Site program will be incorporated into a variety of marketing campaigns and strategies that attract investors, which may also include:

 

• A profile on the Kansas Department of Commerce website
• Visibility on Kansas Department of Commerce social media channels

 

In addition, the Department of Commerce has entered into a contract with LocationOne, a respected sites and buildings database service, which will allow all communities in Kansas to post their sites and buildings to a national website to be viewed by developers across the U.S.

 

Communities are encouraged to certify available sites, as this will ensure the sites’ inclusion in Commerce Business Recruitment responses to prospective client RFPs. Certification of a site will ensure that it is seen by national and international businesses and developers.

Applications for the Kansas Certified Sites program are accepted year-round. To learn more about the program, visit www.kansascommerce.gov/certifiedsites. To express interest in the program, or for more information, please contact:

 

Program Manager

Susan NeuPoth Cadoret

[email protected]

785-296-7198

Governor Kelly Announces the Transfer of Direct Aid Funds to Kansas Counties

$400 Million from the CARES Act – Coronavirus Relief Fund (CRF)

 

TOPEKA—Governor Laura Kelly today announced the Office of Recovery’s disbursement of CARES Act funds to Kansas counties.

 

As part of her administration’s response to the COVID-19 pandemic, Governor Kelly is directing resources to county officials and local administrators to cover COVID-19 expenses for communities across Kansas.

 

“We are putting these funds directly into the hands of our county governments and offering them the flexibility to direct the money in ways that are specific to their community needs,” Governor Laura Kelly said. “Keeping our economy open and prioritizing the health and safety of Kansans is our goal, and these funds will relieve some of the burden Kansans are facing.”

 

Governor Kelly’s SPARK Taskforce and Office of Recovery have been assessing statewide needs for the second and third rounds of CRF investments.

 

Following the guidance of the U.S. Treasury to deliver funds fairly, timely, and effectually, $400 million of the State’s CRF allocation was distributed to local governments yesterday.

 

County governments can use the funds for reimbursement of the unbudgeted costs of expenditures incurred due to COVID-19. Additionally, county governments will be able to spend the remaining amount of their allotment by submitting a direct aid plan to the Office of Recovery by August 15, 2020. The direct aid plan allows counties to prepare for any possible increase in COVID-19 cases in the future.

 

The Office of Recovery has provided county officials with webinars, templates, and other resources to assist them in their direct aid plan preparations. Counties that do not submit direct aid plans will be required to return funds to the State.

 

“The SPARK Taskforce continues to address the needs of the people of Kansas,” Office of Recovery Executive Director Cheryl Harrison-Lee said. “Their expertise is invaluable as the Office of Recovery readies itself for the arduous task of administering and supporting this undertaking.”

 

The SPARK Taskforce will meet next week to hear SPARK Agency Work Group proposals for the statewide investment of Round II CRF dollars. The SPARK Steering Committee will convene on Monday, July 20, at 1:00 p.m. to review proposals. The SPARK Executive Committee will convene on Wednesday, July 22, at 11:00 a.m. to approve items for the State Finance Council’s review and final passage.

 

More information about the SPARK Taskforce and the tools provided to counties can be found at covid.ks.gov/spark-recovery-office/.

 

KDADS Completes Statewide Nursing Facility Surveys Ahead of Federal Deadline;
Positioned for additional federal CARES Act funding*

TOPEKA –  Secretary Laura Howard announced today the Kansas Department for Aging and Disability Services (KDADS) has completed focused infection control surveys (FICS) in all federally certified nursing facilities in the state as required by the Centers for Medicare and Medicaid Services (CMS) more than two weeks ahead of the deadline set by the federal agency.

On March 4, 2020, CMS suspended non-emergency surveys of nursing facilities and redirected states to conduct FICS, immediate jeopardy complaints and allegations of abuse and neglect. That directive was followed June 1, 2020 by the release of CMS document QSO-20-31-All that requires states to complete 100% of FICS by July 31, 2020 to maintain full FY 2021 Coronavirus Aid, Relief, and Economic Security (CARES) Act allocations. KDADS reached the July 31 mandate more than 2 weeks ahead of the deadline, ensuring the state will continue to receive its complete share of CARES funds to protect these vulnerable populations.

Since the March 4 directive was received from CMS, 57 full-time KDADS surveyors with support from contractor Healthcare Management Solutions, have completed surveys in all of the state’s 326 certified, licensed facilities. QSO-20-29-NH All outlines specific enforcement actions for infection control citations facilities are subject to based on inspection results. To date, surveyors have:

• Completed 326 FICS
• Completed 90 Immediate Jeopardy (IJ) complaint investigations
• Written 26 IJ citations
• Written 39 infection control citations at D, E and F Level (citations at these levels could lead to financial penalty or require follow-up action(s) from the nursing facility; Health Inspection Score: Weights for Different Types of Deficiencies)
• Written 16 IJ level infection control citations (citations at these levels could lead to financial penalty or require follow-up action(s) from the nursing facility; Health Inspection Score: Weights for Different Types of Deficiencies)
• Zero facilities not in compliance with QSO-20-31-ALL

“Since the pandemic started, KDADS surveyors have been on the frontlines conducting in-person inspections and investigations and have been essential to our successful compliance with federal directives that address the safety of Kansans in nursing facilities and the staff who care for them,” Secretary Howard said. “Reaching the 100% requirement early is a reflection of the hard work of our dedicated team of surveyors.”

To help track COVID-19 and its impact on nursing facilities across the state and to inform the public, KDADS has developed an online resource page that contains detailed information including FICS completed and infection control citations issued, reopening guidance, facilities reporting COVID-19 cases by county, and Kansas-facility specific data from CMS. Visit https://kdads.ks.gov/covid-19/adult-care-home-covid-19-data.

*States that have not completed 100% of their FICS by July 31, 2020 will be required to submit a corrective action plan to CMS outlining a strategy for completion within 30 days. If, after the 30-day period, states have not achieved 100% compliance, CARES Act FY2021 allocation may be reduced up to10%. Subsequent 30-day extensions could result in additional reductions to 5%. These funds will be redistributed to states that completed 100% of their FICS by July 31.

For more information on COVID-19, please visit the KDHE website at www.kdhe.ks.gov/coronavirus.