Kansas Gov. Laura Kelly taps federal drug enforcement official to lead Highway Patrol

Gov. Laura Kelly on Friday named a Department of Justice drug enforcement official to be the next superintendent of the Kansas Highway Patrol as the agency’s current controversial leader retires.

The Democratic governor announced Erik Smith, the assistant administrator and chief of the Inspection Division within the U.S. Drug Enforcement Administration, will become superintendent on July 7. He will take over for Col. Herman Jones, whose last day with the Highway Patrol was Friday.

Smith has worked in law enforcement for 30 years, starting in the Sedgwick County Sheriff’s Office in 1993.

“I appreciate Colonel Jones’ tenure at KHP and his over 45 years of service to our state,” Kelly said in a statement. “I also welcome Erik Smith back to Kansas. I am confident he will draw upon his experience in law enforcement in Sedgwick County, in Kansas City, and at the national level to strengthen the Kansas Highway Patrol and keep Kansans safe.”

Until Smith begins, the patrol’s assistant superintendent, Jason DeVore, will serve as acting superintendent. While Smith can begin leading the agency as an acting superintendent, the Kansas Senate will need to confirm Smith before he can take on the role permanently.

“I am extremely grateful for Governor Kelly’s confidence and am humbled by the responsibility to carry on KHP’s storied tradition of service, courtesy, and protection,” Smith said in a statement. “I am honored to serve beside these brave men and women and am absolutely committed to leading this organization as they deliver quality law enforcement and public safety services to all Kansans.”

Smith steps into an agency that has been embroiled in controversy for years.

Jones announced plans to retire in February as Republican lawmakers were threatening to move the patrol out of Kelly’s leadership over allegations of sexual harassment against Jones and a shrinking patrol work force. Jones has been the subject of multiple lawsuits filed against the agency including a federal lawsuit from female troopers who claim the former superintendent touched employees on the back or shoulder and sent them texts of a sexual nature.

Jones testified in defense of the Highway Patrol last month as part of an ongoing civil case over the “Kansas two step” — when an officer takes a couple steps toward their vehicle in order to return and engage in a voluntary interaction with a driver. The tactic is often used to keep drivers talking and buy time for drug-sniffing dogs to arrive.

The lawsuit was filed before Jones took over as superintendent of the patrol but the American Civil Liberties Union alleged that Jones did not stop the practice.

Despite the allegations of misconduct, Kelly stood by Jones throughout his tenure. A news release announcing Smith’s appointment did not mention the allegations.

On Friday, Smith’s nomination earned bipartisan support from Kansas lawmakers who expressed appreciation that Kelly opted to hire a new leader from outside the agency.

Rep. John Carmichael, a Wichita Democrat, said he was pleased with the choice and had worried that, given controversy in the patrol in recent years, Kelly would struggle to find a qualified professional willing to take on the job. Smith, Carmichael noted, will face a significant professional challenge stepping into the agency.

“I certainly hope and I think that he will be up to the task but it’s also going to take a willingness on the part of the rank and file to accept new leadership from outside the organization,” Carmichael said. “There’s a lot of healing that needs to be done, there’s a lot of restoration of faith and trust if you will.”

Sen. J.R. Claeys, a Salina Republican, and Rep. Stephen Owens, a Hesston Republican, who jointly spearheaded an effort to threaten to move the patrol under the control of the Kansas attorney general if Jones did not leave, both said they were happy with the choice.

“I look forward to working with Mr. Smith and seeing his leadership bring back the honor and dignity that was once a mainstay in the KHP,” Owens said in a text.

Claeys, who is also an advisor to Republican Kansas Attorney General Kris Kobach, said Smith was vetted as a potential candidate to lead the Kansas Bureau of Investigation, a post that ultimately went to Tony Mattivi, a former federal prosecutor who ran unsuccessfully for state attorney general.

While Claeys said he still wanted to explore the possibility of reorganizing the Highway Patrol and Kansas Bureau of Investigation, there was no longer any urgency to restructure the agency.

“I believe he’ll make a great addition to the Highway Patrol and will be trusted by Legislators,” Claeys said. “I don’t think you’re going to find fault with this pick.”

The Star’s Jonathan Shorman contributed to this report.