A Salina police officer is facing internal disciplinary action after parking a marked patrol car in a handicapped parking space at a south Salina business while conducting a criminal investigation.
The Salina Police Department confirmed Monday that it was notified on October 13 about the incident, which occurred a week earlier on October 6. The complaint came from a private citizen who photographed the patrol vehicle and forwarded the image to the department. No one from the business where the incident occurred reported the matter.
According to the department, the on-duty officer was conducting follow-up work on an ongoing criminal investigation and parked in what officials described as "the only available parking space at the business" at the time.
"The Salina Police Department takes complaints from our citizens very seriously as we see it as an opportunity to examine our day-in-and-day-out operations and provides us the perspective and concerns of the community," the department said in a statement.
The department has launched an internal investigation into the matter and has spoken with the officer involved as well as employees of the business. Officials said the case is being handled as an internal personnel matter.
In response to the incident, the police department said it is taking steps to ensure all officers comply with Kansas traffic codes related to police operations, as well as departmental and city policies.
"We strive to review our actions on a daily basis to do better and always provide the highest standard of service to the City," the statement concluded, thanking community members for bringing their concerns forward.
The department did not release the name of the officer involved or specify what disciplinary action may be taken.
Salina311 spoke with the Salina Police Department, submitted questions, and received the following answers.
What is the Salina Police Department's policy regarding officers parking in handicap-designated stalls? Specifically, is parking in a handicap stall permitted only during emergency responses, or is it allowed during other police business? If allowed in other circumstances, please list those circumstances and cite the policy or code section that authorizes it.
Our policy, O2101- Use of Emergency Response Codes & Vehicle Warning Devices states:
10-39 Response (Emergency Lights and Siren) - Used when an officer is responding to a confirmed emergency call where a life may be threatened, and the officer's quick arrival is necessitated by the situation. Unmarked police vehicles are not authorized Code 3 responses unless the urgency of the situation dictates a rapid response. When responding Code 3, the driver of the authorized emergency vehicle may:
5.3.1. Park or stand, irrespective of any city parking ordinances.
If an officer parks in a handicap stall for non-emergency police business in violation of city or state parking law, does the officer receive a citation like any other motorist? If not, how is that handled administratively?
General Order M1201.19- DUTY TO OBSERVE AND OBEY states:
All members of the Department shall become familiar with the Rules and Regulations, General Orders, and other directives of the Department and will abide by them. Members shall observe, obey, and refrain from committing any acts which violate:
19.1. Federal, state, or local laws
19.2. General Orders, Special Orders, Rules & Regulations and directives of the Department.
19.3. Lawful orders of superior officers including any order from a superior officer relayed by a member of equal or lesser rank.
If any officer violates this ordinance and or policy, the situation may be handled with a citation, administratively, or a combination of those depending on the circumstances.
Are there accepted exceptions where an officer may use a handicap stall without a citation, for example when transporting a person with mobility needs, conducting certain official duties that require immediate vehicle proximity, or when the vehicle must remain on scene for safety reasons? Please describe.
The exceptions to the parking ordinance are outlined in the policy above as well as Standard Traffic Ordinance (STO) Sec. 10- Authorized Emergency vehicles:
The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
(b) The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of this ordinance.
Regarding the October 6 incident, can you confirm whether the officer was on an emergency call or on routine/non-emergency business? If you can provide the officer’s name and badge number for attribution, or confirm the officer’s identity and a short description of the nature of the call, that would be helpful.
This was not an emergency call.
For clarity and community guidance, do you have recommended steps for business staff who encounter a similar situation in the future? For example, should staff ask to speak to a supervisor, call non-emergency dispatch, or document the interaction in a particular way?
If a citizen believes an officer is committing a parking violation, they can call the Police Department non-emergency line, 785-826-7210, and ask to speak with the officers supervisor. Photos and or video that is obtained can be sent to the supervisor if needed.
