Copyright 2006 The Topeka Capital-Journal
By TIM HRENCHIR
The Capital-Journal
TOPEKA, Ohio — Retired Topeka police officer Mike McKinley and the city of Topeka are embroiled in legal action over the city’s refusal to grant McKinley a badge empowering him to carry a concealed weapon.
McKinley contended in a lawsuit filed last month in Shawnee County District Court that he has a right to the badge because he retired in good standing from his job as a Topeka police officer. But the city of Topeka denies that McKinley retired in good standing, according to a court document filed last week in response to his lawsuit by assistant city attorney Sherri Price.
City attorney Brenden Long said Wednesday city officials wouldn’t discuss why McKinley wasn’t considered to have retired in good standing.
Attorney Steve Cavanaugh filed the lawsuit in district court on behalf of McKinley on March 15.
Cavanaugh said Wednesday that Kansas law enforcement agencies typically issue retired officers a badge identifying them and empowering them to carry a concealed weapon.
Cavanaugh said that after McKinley retired Nov. 1, ending 26 years as a Topeka police officer, the department issued him a badge that identified him as a retired Topeka officer but said he wasn’t entitled to carry a concealed weapon.
McKinley’s lawsuit contends he has suffered damage because former Police Chief Ed Klumpp, who retired in December, and interim Chief Steve Harsha have refused to issue him a badge that would allow concealed carry.
The petition indicated McKinley is employed in a security job with a private company in Topeka, which, under the terms of his employment, requires him to be able to carry a concealed weapon at certain times. It asks the court to order police to issue McKinley the badge and award him compensation .
Price contended in a response filed April 17 that the city has no clear legal duty to issue the badge, adding that there is a “substantial dispute” as to whether McKinley has a right to it.
During the week after McKinley’s suit was filed, the Kansas Legislature overturned Gov. Kathleen Sebelius’ veto of a bill that allows Kansans 21 and older to apply for a permit to carry a concealed weapon. The law takes effect July 1 .
Cavanaugh said McKinley could opt to apply for such a permit, but his rights to carry a concealed weapon as a retired law enforcement officer would be broader than those granted to private citizens.