KANSAS CITY, Mo. — Johnson County District Attorney Steve Howe has declined to file charges following a 16-month investigation of the Overland Park Police Officers Foundation.
In an 18-page report, Howe said that four Overland Park Police Officers — Brandon Faber, Brad Heater, Rachel Scattergood and Tim Tinnin — “repeatedly disregarded foundation bylaws” while acting as board members of the foundation.
However, Howe said that “a violation of bylaws does not necessarily equate to a violation of criminal laws.”
“There can be little argument that the actions the former board members took were questionable and breached the trust of both the public and the patrons they solicited from,” Howe wrote in the report. “The available evidence, however, does not support prosecution for theft beyond a reasonable doubt for the reasons outlined in this report.”
MORE | Read the report
Howe launched the investigation in May 2022 on behalf of the Overland Park Police Department after questions arose about the use of funds at the foundation.
The foundation was formed in 2016 to help raise money for families of fallen or injured officers, education and community outreach. The foundation is separate from the Overland Park Fraternal Order of Police Lodge 21, though the two work together with their mission.
During the investigation, Howe found new board members who took over in January 2022, after allegations of misconduct from the previous board, couldn’t find minutes of business meetings of the foundation and their work, which included fundraising $2.1 million from 2016 through the end of 2021.
The investigation also revealed an annual audit required to be presented to the FOP was never made by the foundation since it was created in 2016.
Howe said the investigation included 53 interviews, including 26 with police personnel, and issued 32 subpoenas, of which 15 were issued to banking institutions.
The city of Overland Park said it is aware of Howe's decision in a statement released regarding Howe's findings.
"An independent investigator conducted the City’s preliminary internal investigation. The District Attorney has now agreed to provide the City access to criminal investigation records," per Overland Park. "The City is awaiting the district attorney’s investigation materials to determine whether any violations of City policy occurred. We will complete this investigation as expediently as possible. The officers remain on paid administrative leave. When more information is available, we will share it."
Howe is expected to speak more about the investigation at a 1 p.m. news conference this afternoon.
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