April 12, 2016, Meeting
MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, APRIL 12, 2016
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, April 12, 2016, at KCPD Headquarters, Community Room, Kansas City.
Commissioner Leland M. Shurin, Vice President
Commissioner Angela Wasson-Hunt, Treasurer (arrived at 11:30 a.m.)
Commissioner Alvin Brooks, Member
Mayor Sylvester “Sly” James, Jr., Member (left at 11:35 a.m.)
Darryl Forté, Chief of Police
Mr. David V. Kenner, Secretary/Attorney
Commissioner Michael C. Rader, President
This meeting was called to order at 10:10 a.m. by Commissioner Shurin. Chaplain Kenneth Ray provided the invocation.
- Awards and Commendations
Sergeant Kelly Eckert and Administrative Assistant Angela McCune each received the Meritorious Service Award for their significant actions, ideas and progressive leadership. Ms. McCune felt that the 4-6 week long Citizen’s Police Academy (CPA) could be developed into a better community outreach tool for the police department and she took it over in 2006. She initiated and developed department contacts and expanded the CPA into a 10-12 week course that meets once per week for three hours. Ms. McCune also updated the applications, registers all applicants, creates class notebooks, and facilitates each session along with Sergeant Kelly Eckert. In 2015, Sergeant Eckert and Ms. McCune both attended the National Citizens Police Academy Association Conference and became nationally certified coordinators. KCPD is now a nationally certified CPA.
The Certificate of Appreciation was presented to Mr. Anthony Barnett for his outstanding assistance to the Kansas City Police Department. The Meritorious Service Award was presented to Captain Charles Huth and Officer William VonWolf for their significant actions, ideas, and progressive leadership. In a collaborative effort with Mr. Barnett, Captain Huth and Officer VonWolf helped reduce the number of canine injuries by tactical officers during search warrant service operations. Mr. Barnett, a certified dog trainer and expert, volunteered his time and embedded himself with the tactical team to help educate officers on canine behavior in order to recognize threat behaviors exhibited by the dogs. This training, combined with the use of new less-lethal technology has led to a drastic reduction in the number of canines killed during search warrant operations.
The Meritorious Service Award was presented to Detective Keith Huntington for his exemplary, continuous, long-term professionalism. Detective Huntington spent nearly seven years committed to Tactical Response Team 2. During his tenure he participated in more than 50 Operation 100’s, was involved in the execution of approximately 200 search warrants and was deployed for two weeks to Joplin, Missouri, following the tornado of 2011. Detective Huntington also served as sniper.
The Lifesaving Award was presented to Officers Julie Carpenter and Whitney Thomas for saving a man who was intent on taking his own life in November 2015. The man was found with a major, self-inflicted laceration to his throat and Officer Carpenter applied pressure to the wound using a towel. The man was combative and Officer Thomas held him down while Officer Carpenter continued to apply pressure to the wound. The trauma surgeon said the officers’ actions helped him survive.
The Board took a recess at 10:20 a.m. and resumed at 10:25 a.m.
- Chief Darryl Forté.
Chief Forté presented a three minute video from the pepper spray incident at the Donald Trump rally that was held in downtown Kansas City on March 12, 2016. Chief Forté was aware of the Trump event, and postposed his plans to be out of town that night in case he was needed. Chief Forté said the officers were composed throughout the entire incident. Nevertheless, the crowd began to lock arms and back up toward the officers. The crowd was chanting, “Whose streets? Our streets.”, and began to move into the street. Officers gave the crowd ample warning and engaged at the level necessary. Chief Forté said there were no injuries, no property damage, and only four arrests. Only one person who attended the event filed a complaint with OCC. Chief Forté commended Major Jim Connelly and his officers for acting responsibly during this incident. Officers did not rush the scene, nor were they wearing protective shields or riot gear. The Chief said as far as he was concerned, this incident had a positive outcome.
Chief Forté said officers will continue to engage at the level necessary and will never be overly aggressive. The Chief thanked the Mayor and the Board for their support.
Chief Forté discussed the post-incident management. He said the police department did not grant interviews with every media outlet nor attend every meeting to which we were invited. The Chief said the police department chose to put the facts of the incident out by noon the next day.
Chief Forté thanked the Board and Majors Eric Winebrenner and Scott Glaeser, as well as the Community Interaction Officers for going out into the community to get the message out about the importance of the earnings tax.
The Chief said about one year ago he began meeting with sergeants at their request and has met with nearly 75 sergeants. He said he has been very impressed with the sergeants who shared their vision for the police department and their desire to contribute. The Chief encouraged any department member to come and meet with him.
The Chief again discussed race and the upper level command staff. He said the police department currently has one African American captain. Chief Forté said he is concerned with succession planning with regard to the loss of African American commanders that have not been replaced. Chief Forté added that this is not just about race, but about having personnel who make a positive connection with the community.
Commissioner Brooks said he was monitoring the activities the night of the Trump rally and he could hear no abusiveness on the part of the officers over the radio. Commissioner Brooks commended all of the officers for their actions.
Mayor James said he understands that the crowd felt there was a reason to protest in light of the subject matter of the event and the person instigating the event. Mayor James said he was following the Twitter feed the evening before and there was much talk about protesting. Mayor James said officers were not wearing riot gear, nor were they using batons or tasers. He said the use of pepper spray should not be taken lightly; however, it was the lowest level response that could have been made with the crowd in that circumstance. Mayor James said this situation was not as bad as it could have been and it never got out of hand.
Commissioner Shurin concurred and said the “guardian vs. warrior” mindset came through in this instance.
- City Architect’s report.
Mr. Eric Bosch shared the most recent award the City received for the new EPD/crime lab. The Brick by Brick Award was given to the City by the Kansas City Industrial Council last week.
With regard to the new NPD project, Mr. Bosch said it is coming along well due to good weather conditions. He said dirt is being moved and footings are being installed. Vertical walls will be going up by the end of May and the project is on schedule.
Mayor James congratulated Mr. Bosch on the award and said he does excellent work.
Commissioner Brooks said the new EPD is what the Board and the police administration wanted, a gathering point for the community.
Commissioner Shurin congratulated Mr. Bosch as well.
- Councilperson Alissa Canady.
Councilperson Canady said a few weeks ago a State Representative and protestors came to the Public Safety Committee meeting. She said nearly 30 people came to the meeting and expressed their concerns on different matters. Ms. Canady said the one thing that came out of this meeting was the role of the Council in addressing the issues and to remind the State Representative that the City of Kansas City does not have control of the police department and the complaints should be directed to OCC or to the Police Board.
Ms. Canady said she was surprised to hear that there was only one complaint from the Trump rally protest.
Ms. Canady said the City Council was originally concerned that there was not more dialogue about the pepper spray incident early on. Ms. Canady said after hearing the Chief’s comments today, she now understands why the Chief handled the post-incident management they way he did. Ms. Canady said the command staff of the police department does a good job of managing crowds and public safety.
Chief Forté briefly spoke about the protesters at the Public Safety Committee meeting and indicated that it is his belief that one of the protest organizers is unhappy with the police department because the department did not renew a contract with her.
Commissioner Brooks explained the process for filing a complaint with OCC.
- Public comments.
The following people expressed their concerns about the use of pepper spray at the Donald Trump rally (in order of appearance): Kim Sharitz, Patrick Sumner, Jill Butler, Real Justice, and Keith Brown.
- Approval of minutes.
A motion was made by Mayor James, with a second by Commissioner Brooks, to approve the minutes of the open session of the March 8, 2016, board meeting as amended. The vote was 3-0 in favor.
- Executive Services Bureau. Deputy Chief Higgins presented the following items for Board approval:
a. Adoption of FY 2016-17 budget. A memorandum dated March 29, 2016, recommended adoption of the annual budget for FY 2016-17. The total budget for appropriations from all sources is $232,824,751 compared to 228,784,863 for fiscal year 2015-16.
A motion was made by Mayor James, with a second by Commissioner Brooks to approve the annual budget for FY 2016-17 for the total amount of $232,824,751. The vote was 3-0 in favor.
b. Supplemental appropriations for FY 2015-16. A memorandum dated March 29, 2016, recommended Board approval to authorize the department to increase the revenues and appropriations in the Tax Exempt Bond Fund. This item is marked Attachment “A” and is made a part of these minutes.
A motion was made by Commissioner Brooks, with a second by Mayor James to approve the supplemental appropriations as presented. The vote was 3-0 in favor.
c. Budget transfers for FY 2015-16. A memorandum dated March 31, 2016, recommended budget transfers that will affect the Police Drug Enforcement Fund and the Police Grants Fund. This memorandum is marked Attachment “B” and is made a part of these minutes.
A motion was made by Commissioner Brooks, with a second by Mayor James to approve the budget transfers as presented. The vote was 3-0 in favor.
d. Proposed fee schedule FY 2016-17. This item was tabled at this time.
e. Renewal, excess Workers’ Compensation insurance coverage. A memorandum dated March 30, 2016, recommended Board approval to purchase excess Workers’ Compensation coverage from Lockton Companies, Inc., per the City of Kansas City, Missouri, Contract #EV0094 for an annual premium of $144,696. The renewal period is May 1, 2016 through April 30, 2017.
A motion was made by Commissioner Brooks, with a second by Mayor James to approve the contract renewal with Lockton Company, Inc. for excess Workers’ Compensation coverage for an annual premium of $144,696. The vote was 3-0 in favor.
f. Midwest HIDTA Task Force Cooperative Agreement. A memorandum dated March 28, 2016, recommended approval for acceptance of this HIDTA award from the Office of National Drug Control Policy for the period of January 1, 2016 through December 31, 2017. This award combines the HITDA Kansas City Metropolitan Enforcement Task Force and the Street Crimes Unit. The total award is $1,005,405 and is 100 percent federally funded. The Task Force portion is $838,149 and the Street Crimes portion is $167,256.
A motion was made by Mayor James, with a second by Commissioner Brooks to accept the HIDTA award from the Office of National Drug Control Policy in the amount of $1,005,405. The vote was 3-0 in favor.
g. DARE award. A memorandum dated March 28, 2016, recommended acceptance of the Drug Abuse Resistance Education (DARE) award from Jackson County in the amount of $240,764. The funding is for the period of January 1, 2016 through December 31, 2016.
A motion was made by Mayor James, with a second by Commissioner Brooks to accept the DARE award from Jackson County, Missouri, in the amount of $240,764. The vote was 3-0 in favor.
h. Bid No. 2016-2, new 2016 model year Ford police pursuit vehicles. A memorandum dated March 31, 2016, recommended approval to purchase seventeen (17) 2016 Ford sedans at a cost of $24,456 per vehicle from Dick Smith Ford for a total cost of $415,752.
A motion was made by Commissioner Brooks, with a second by Mayor James to approve the purchase of 17 new vehicles from Dick Smith Ford for a total cost of $415,752. The vote was 3-0 in favor.
i. Renewal, Blanket building and property insurance coverage. A memorandum dated March 30, 2016, recommended approval to purchase blanket building and property insurance coverage from Lockton Companies, Inc., per the Kansas City, Missouri, Contract #EV0094 for the annual premium of $147,348. The contract period is May 1, 2016 through April 30, 2017.
A motion was made by Commissioner Brooks, with a second by Mayor James to approve the contract renewal with Lockton Companies, Inc., for blanket building and property insurance coverage for the annual premium of $147,348.
Deputy Chief Higgins said it is National Public Safety Telecommunications Week and she encouraged everyone to thank the police call takers and dispatchers for their work. Deputy Chief Higgins said they do a great job.
Commissioner Brooks concurred saying he monitors the calls and said these personnel go far beyond the call of duty and do a great job.
- Professional Development and Research Bureau.
Deputy Chief Bob Kuehl submitted the basic training class summary for April 2016.
Deputy Chief Kuehl requested Board approval for the following consent agenda items:
a. Project #937, Release of Personal Information
b. Project #770, Police Involved Incident Response
A motion was made by Commissioner Brooks, with a second by Mayor James to approve the consent agenda items. The vote was 3-0 in favor.
- Investigations Bureau.
Deputy Chief Rose said that to-date, there have been 25 homicides in 2016, compared to 25 in 2015.
She said to-date 1,102 cases were presented to the prosecutor, and 688 were filed year-to-date for 2016.
Year-to-date for 2016, there have been 75 drive-by shootings compared to 45 for the same time period in 2015.
Deputy Chief Rose said this is National Crime Victim’s Week and the police department held an event last Sunday for the Parents of Murdered Children group, and Mother’s in Charge held a march.
Mayor James expressed his concern about the 75 drive-by shootings. He asked if the same thing is happening on a national level. Deputy Chief Rose said that nationally assaults have increased. Mayor James said it is impossible to prevent these drive-by shootings. Deputy Chief Rose said out of the 75 drive-by shootings, 27 people were injured. Mayor James asked if the drive-by shootings are group related. Deputy Chief Rose said she will ask KC NoVA about this. She said the majority of these shootings are the result of arguments and disagreements. She does not have national statistics on drive-by shootings.
Commissioner Brooks said this is the result of the proliferation of guns.
Commissioner Wasson-Hunt arrived at 11:30 a.m.
Mayor James left the meeting at 11:35 a.m.
- Human Resources.
Director Nick Nichols presented the personnel summary dated April 5, 2016. Current department strength is 1,344 law enforcement and 545 civilians.
- Administration Bureau. Deputy Chief Hundley presented the Regional Criminalistics Division monthly statistics for April, 2016. Deputy Chief Hundley said the crime lab will soon begin the move into the new facility. Commissioner Brooks asked what the plans are for the old crime lab building. Chief Forté said he is unsure because the building is owned by the City, not the police department.
- Patrol Bureau.
Deputy Chief David Zimmerman presented the monthly crime summary dated February 2016. A copy of the Crime Summary is marked as Attachment “C” and is attached to these minutes. Deputy Chief Zimmerman said violent crimes are up, property crimes continue to be down, and overall crime is down.
Deputy Chief Zimmerman said that next month he will submit the new response time reports that will contain more detail.
Deputy Chief Zimmerman submitted the Traffic Summary for the month of March 2016. This report is marked attachment “D” and is attached to these minutes.
Commissioner Wasson-Hunt asked why there is such a dramatic decrease in citations for failure to yield the right-of-way. Major Shawn Wadle said typically these citations are associated with vehicle accidents, however, he had no explanation for why the numbers are down. Deputy Chief Zimmerman added that many times citations for accidents fall under the category of following too closely. He also said that there are four vacant positions in the Traffic Unit (mostly for long-term leave) and this contributes to the reduction in traffic citations.
Deputy Chief Zimmerman submitted the First Quarter Fatality Report for 2016. This report is marked at Attachment “E” and made a part of these minutes. He said that fatality accidents have increased across the state due to the usual issues, lack of seatbelt use, motorcycles, and pedestrians.
Deputy Chief Zimmerman also submitted the March 2016 Executive Summary.
Majors Shawn Wadle, Traffic Division, and Major James Connelly, Special Operations, provided the Board with a St. Patrick’s Day parade re-cap. Major Wadle said the event was very successful with only a few incidents. Major Wadle thanked the following department members for the overall success: Captain Kevin O’Sullivan, Captain Roy True, Captain Mike Perne, Captain Daniel Gates, Captain Darrell Bergquist, Sergeant Grant Ruark, and Sergeant Steve Schramm. The Major also thanked the KCFD and our Federal partners for their assistance.
Major Jim Connelly said the department plans the parade security months in advance. Major Connelly said the planning and teamwork among the 225 officers working this parade made for a relatively uneventful day with regard to arrests and disturbances. Major Connelly said there were three serious arrests involving handguns and two of those involved juveniles with guns. No officers were injured.
Major Connelly said citizens were calling in with information during the parade which was very helpful.
- Office of Community Complaints.
Ms. Pearl Fain presented the First Quarter Report, the OCC monthly report, and the OCC 2015 Annual Report. She advised that for the quarter OCC has received a total of 77 complaints and 34 of those complaints were sent to IAU for formal investigation. OCC has received only one complaint relating to the Trump rally.
Commissioner Brooks inquired about outreach that OCC conducts within the community. Ms. Fain said OCC is very active with outreach activities nearly every day.
Ms. Karen Williams provided a summary of the OCC 2015 Annual Report. Ms. Williams said that during 2015, OCC received a total of 326 complaints. The Internal Affairs Unit investigated 207 of these complaints. The top three most frequent complaints were for improper procedure, excessive force, and improper member conduct. Ms. Williams said the tenure of the member complained against continues to be within the first five years, and this is one of the smallest groups on the department.
Ms. Williams said during 2015, 12 complaints were sustained which is up from 2014, when only three were sustained.
The Boarded thanked Ms. Williams and OCC for this report.
- Audit Committee update.
Commissioner Angela Wasson-Hunt said that the results of the take-home car audit should be available next month.
- Fraternal Order of Police Lodge No. 99.
Detective Errol Riggins said there was nothing to report.
- Commissioner Angela Wasson-Hunt.
Commissioner Wasson-Hunt apologized for her late arrival to this meeting.
- Mr. David V. Kenner.
Mr. Kenner reminded everyone that a disciplinary hearing is scheduled for 8:00 a.m., April 15, 2015 at police headquarters.
- Scheduled meetings.
Tuesday, May 10, 2016
Tuesday, June 14, 2016
Tuesday, July 12, 2016
Tuesday, August 9, 2016
Tuesday, September 13, 2016
Tuesday, October 11, 2016
Tuesday, November 15, 2016
Tuesday, December 13, 2016
All meetings listed above will be held at 10:00 a.m., at KCPD Headquarters, Community Room, 1125 Locust, Kansas City
Wednesday, April 27, 2016
10:00 a.m., KCPD Headquarters, Community Room, 1125 Locust, Kansas City.
This will be a very brief meeting where most commissioners will participate by phone conference.
In the matter of the disciplinary proceedings of P.O. Herschel Rodgers
Friday, April 15, 2016
8:00 a.m., KCPD Headquarters, Community Room, 1125 Locust, Kansas City
- Commissioner Leland M. Shurin.
Commissioner Shurin said he got the impression from the protestors who attended the meeting today, that they did not have a full understanding of the role of the police board.
Commissioner Shurin said that Commissioner Brooks will receive the 2016 Harry S. Truman Public Service Award and congratulated him.
A motion was made by Commissioner Wasson-Hunt, with a second by Commissioner Brooks and by vote indicated below, to adjourn its open meeting at 11:55 a.m. and reconvene in closed session as provided in the following resolution. Following a roll call, the vote was 3-0 in favor. Following polling, Commissioner Wasson-Hunt voted aye, Commissioner Brooks voted aye, and Commissioner Shurin voted aye.
WHEREAS, notice of the board meeting of the Board of Police Commissioners was given on January 15, 2016, and
WHEREAS, said notice indicated that the Board of Police Commissioners might go into closed session during said meeting, and
WHEREAS, notice of the closed meeting follows the guidelines of Section 610.020 of the Revised Statutes of Missouri.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Police Commissioners go into closed session during the meeting being held on Tuesday, April 12, 2016, at KCPD Headquarters, Kansas City, for the purpose of discussing personnel matters, litigation matters, and the lease of security systems, with the Board finding that disclosure would impair the Board’s ability to protect the security or safety of persons or real property, and that the public interest in nondisclosure outweighs the public interest in disclosure of the records.
The following Commissioners were present and voted to go into closed session as follows:
Commissioner Angela Wasson-Hunt – Aye
Commissioner Leland M. Shurin – Aye
Commissioner Alvin Brooks – Aye
There being a quorum present and the question of holding a closed session having received an affirmative public vote of at least three (3) members, a closed meeting was held as set forth above.
Below are the votes from the closed session of the Board of Police Commissioners meeting on April 12, 2016:
1) Following a motion by Commissioner Wasson-Hunt and a second by Commissioner Brooks, the Board voted to approve RFP No. 2015-5 for the lease of certain vehicles for covert security operations at a monthly cost of $26,591.00 for a total anticipated annual expenditure of $319,092.00. The vote was 3-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Brooks voted Aye, and Commissioner Shurin voted Aye.
2) Following a motion by Commissioner Brooks and a second by Commissioner Wasson-Hunt, the Board voted to approve the applications for continued employment of Detective Lexie Wallace, Detective Stephen Shaffer, and Major Melvin Harvey. The vote was 3-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Brooks voted Aye, and Commissioner Shurin voted Aye.
3) Following a motion by Commissioner Wasson-Hunt, and a second by Commissioner Brooks, the Board voted to approve the minutes of the closed meeting of the Board of Police Commissioners on March 8, 2016. The vote was 3-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Brooks voted Aye, and Commissioner Shurin voted Aye.
4) Following a motion by Commissioner Wasson-Hunt and a second by Commissioner Brooks, the Board voted to go into special closed session. The vote was 3-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Brooks voted Aye, and Commissioner Shurin voted Aye.
5) Following a motion by Commissioner Wasson-Hunt and a second by Commissioner Brooks, the Board voted to come out of special closed session and adjourn. The vote was 3-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Brooks voted Aye, and Commissioner Shurin voted Aye.
The meeting adjourned at 12:56 p.m.
Board of Police Commissioners Minutes