April 13, 2015, Meeting
MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
MONDAY, APRIL 13, 2015
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Monday, April 13, 2015 at KCPD Headquarters, 1125 Locust, Kansas City.
Commissioner Alvin L. Brooks, President
Commissioner Michael C. Rader, Vice President
Commissioner Angela Wasson-Hunt, Treasurer
Mayor Sylvester “Sly” James, Jr., Member
Mr. David V. Kenner, Secretary/Attorney
Darryl Forté, Chief of Police
This meeting was called to order at 10:12 a.m. by Commissioner Brooks.
The invocation was provided by Commissioner Brooks.
- Awards and commendations.
The Meritorious Service Award was presented to Sergeant Joy Colmar for helping the police department receive their highest rating the State of Missouri has ever given for a Criminal Justice Information System audit. Sergeant Colmar was assigned to to the Information Services Division in 2010 as the police department’s Terminal Agency Coordinator. Sgt. Colmar learned that the police department has not passed a MULES or CJIS audit in 15 years. She initiated immediate changes to training and after a 2014 MULES audit of the CJIS system, the KCPD received the highest rating from the State ever.
The Meritorious Service Award was presented to Detective David Kissee for his work in getting a city ordinance passed that added safety for victims of domestic violence who have ex parte orders of protection. Det. Kissee noticed that State prosecutor’s were declining cases because they were minor in nature with little evidence. In September 2014, the City Council supported this and voted in favor of the ordinance.
A Certificate of Commendation was presented to Sergeant Lee Richards for apprehension of an armed subject in August 2013. Sgt. Lee Richards, of the Digital Technology System, was out testing police equipment when he heard a call come out asking for officers with patrol rifles to respond to an Operation 100. Sgt. Richards responded to the scene and took a position near the residence. Sgt. Richards saw the suspect exit the house carrying a weapon. He ordered the suspect to drop the weapon and the suspect did not comply. The suspect raised his weapon in the direction of tactical officers and Sgt. Richards fired his patrol rifle at the suspect who was ultimately taken into custody and treated for an gunshot wound to the hand.
The meeting took a recess at 10:18 a.m. and resumed at 10:24 a.m.
Commissioner Brooks introduced Ms. Cashe Wilson, a Penn Valley College student intern who has been shadowing Commissioner Brooks. She is a criminal justice student and is interested in working with families who have been victimized by violent crimes.
- Public comments.
Ms. Britton Hunter spoke on behalf of the Friends of KC Animals (FoKCA), asking the police department to create an Animal Cruelty Division and create a partnership with Kansas City Animal Control. She said at the present time the City’s Animal Control is not equipped with proper training or resources to investigate animal cruelty cases. She said with the growing number of animal abuse, cruelty, and neglect situations in Kansas City, she said it would be beneficial to assign a law enforcement officer to specifically handle these cases. Ms. Hunter said people who are violent toward animals are often violent toward people and this is another reason that it is important to prosecute those who commit animal abuse.
- Kansas City Crime Commission.
Former Chief Rick Easley presented the monthly Crime Stoppers update, dated March 2015. Through the month of March Crime Stoppers has taken 337 tips, and year-to-date there have been 1,031 tips. As a result of these tips there have been a number of arrests and total property and narcotics recovered is $18,323.
Since inception in 1982, tips provided have led to 10,701 arrrests, 24,374 cases cleared, 614 homicide arrests, 180 rape arrests, 1,631 robbery arrests, 3,318 fugitive arrests, and property and narcotics recovered is $23,464,060. Total rewards paid out since 1982, is $1,304,582.
Former Chief Easley discussed the benefits of the Text-A-Tip program implemented with Northland schools.
With regard to the Second Chance Program, Chief Easley said 950 people have received resource information from the program. Of 151 persons who sought employment, 99 have been placed in part-time or full-time positions.
Crime Commission Chair, Mr. Terry Kilroy thanked the Board for the great relationship between the Crime Commission, the Board, and the police department. He said he has been a member of the Crime Commission Board for 14 years and serves on the Police Foundation Board as well. He emphasized the comments made about the Second Chance Program and said Mr. Bill Dunn brought this opportunity to the Crime Commission five years ago. The program is causing a dramatic reduction in recidivism. He indicated that there are challenges in raising sufficient funds to expand the program and this will be the focus for 2015. He explained that KC NoVA works with violent offenders whereas the Second Chance Program works with high risk offenders. These programs overlap, and they work with Major Joe McHale on a weekly basis.
- Councilman John Sharp.
Councilman Sharp thanked Detective Kissee for his work in getting a city ordinance passed that added safety for victims of domestic violence who have ex parte orders of protection. He said it was not an easy task to get the ordinance changed.
Councilman Sharp thanked the Crime Commission for their work in helping law enforcement generally, but also for the Second Chance Program.
Councilman Sharp attended a meeting of the Black Agenda Group this morning and thanked Crisis Intervention Team (CIT) officers for making a presentation to this group. Councilman Sharp said the presentation was very well received.
At a previous Board meeting, Councilman Sharp said he introduced an ordinance to allow opportunities for persons who are handicapped to park on either side of the street, limited to residential parking areas, to assist them in exiting their vehicles. He said the City Council passed the ordinance unanimously.
With regard to the Animal Cruelty presentation today, Councilman Sharp said this same group, FoKCA, made a presentation to the Public Safety and Emergency Services Committee last week. Councilman Sharp said the City’s Animal Control Division has suffered from inadequate staff and inadequate funding. Councilman Sharp said there clearly is an opportunity for more collaboration to more effectively deal with serious animal abuse cases.
Councilman Sharp said he is still hopeful that some changes are made in state laws to improve law enforcement. Also, he would like to see funding to provide for an adequate 911 system throughout the state.
Councilman Sharp discussed an ordinance before the City Council that would eliminate the requirement of employee liquor cards for persons serving or dispensing alcohol in Kansas City. By eliminating the liquor cards it will also eliminate the background checks. He is in support of opening up more opportunities in the entertainment industry for ex-offenders, however, he is apprehensive of allowing those with a history as sexual predators and sexual assaults to work as bartenders or waiters that could facilitate them being able prey on potential victims. Councilman Sharp is not in favor of eliminating the background checks.
With regard to UBER and other transportation networks, the City Council passed an ordinance to regulate these types of businesses. Councilman Sharp agreed that it is important to have background checks on these employees as well.
- City Architect’s report.
Mr. Eric Bosch said that he sent the Board information they had requested in reference to the WBE/MBE statistics for the EPD/crime lab project. He said the goals for WBE/MBE are 17 and 10. Currently, the City is actually at 20 and 15, respectively. For Section 3, the City’s goal is 10 percent and currently the City is actually at 14 percent. At this time, the project has 51 percent minority participation. He said the goal for minority and women workforce participation is 10 and 2 and currently the City is actually meeting 29 and 10.
Mr. Bosch said more progress has been made on the inside of EPD and the crime lab. Commissioner Brooks asked for a tour in the near future. Mr. Bosch said he will arrange a tour after the asphalt is in.
With regard to the NPD project, Mr. Bosch said he would like to have Treanor Architects speak to the Board at the May meeting to give a presentation on the design of the building. He said they are very close to moving forward and will soon send it out for bid. He anticipates groundbreaking this summer.
- Approval of minutes.
Commissioner Wasson-Hunt had a question about an item on page 3 and she requested a correction on page 11.
A motion was made by Commissioner Wasson-Hunt with a second by Commissioner Rader to approve the minutes of the March 24, 2015, Board meeting as amended. The vote was 4-0 in favor.
- Deputy Chief Randy Hundley.
Deputy Chief Hundley spoke for the Chief in his absence. He commended the members of the police department for their professional and respectful demeanor in light of that fact the police are currently being highly scrutinized across the county.
Deputy Chief Hundley congratulated Major Anthony Ell on his retirement.
Deputy Chief Hundley submitted the Regional Criminalistics Division Monthly Report for April 2015.
- Executive Services Bureau.
Deputy Chief Patty Higgins presented the following items for approval.
a. Budget transfers for FY 2014-15. A memorandum dated April 1, 2015, recommended approval of budget transfers that will affect the general fund, parking garage fund, public safety sales tax fund, and police grants fund. This memorandum is marked Attachment “A” and made a part of these minutes.
A motion was made by Commissioner Wasson-Hunt and a second by Mayor James to approve the budget transfers as presented. The vote was 4-0 in favor.
b. Supplemental appropriations for FY 2014-15. A memorandum dated April 2, 2015, recommended approval to establish a supplemental appropriation to reimburse the police department for overtime incurred during the World Series. This memorandum is marked Attachment “B” and made a part of these minutes.
A motion was made by Mayor James and a second by Commissioner Wasson-Hunt to approve the supplemental appropriations as presented. The vote was 4-0 in favor.
c. Adoption of FY 2015-16 budget.
A memorandum dated April 2, 2015, recommended adoption of the annual budget to operate the police department for fiscal year 2015-16. The total budget for appropriations from all sources is $228,784,863 compared to $229,471,221 for FY 2014-15, excluding operational transfers. The FY 2015-16 budget recognizes appropriations of $215,255,990 from the City and $13,528,873 from other sources.
A motion was made by Commissioner Wasson-Hunt and a second by Commissioner Rader to adopt the FY 2015-16 budget as presented. The vote was 4-0 in favor.
d. Budget transfers for FY 2015-16. A memorandum dated April 2, 2015, recommended approval of budget transfers that will affect the public safety sales tax fund. This memorandum is marked Attachment “C” and made a part of these minutes.
A motion was made by Commissioner Rader and a second by Commissioner Wasson-Hunt to approve the FY 2015-16 budget transfers as presented. The vote was 4-0 in favor.
e. RFP #2010-11, aviation insurance renewal. A memorandum dated March 18, 2015, recommended approval of a one-year contract renewal with Corporate Insurance Group for the period of May 1, 2014 through April 30, 2015. Total cost is $207,407.
A motion was made by Mayor James and a second by Commissioner Wasson-Hunt to approve the contract renewal with Corporate Insurance Group for aviation insurance at a cost of $207,407. The vote was 4-0 in favor.
f. Renewal – blanket building and property insurance coverage. A memorandum dated March 30, 2015, recommended approval to purchase blanket building and property insurance coverage from Lockton Companies, Inc., per the City of Kansas City, Missouri contract #EV0094, for the annual premium of $149,486.
A motion was made by Commissioner Rader and a second by Commissioner Wasson-Hunt to approve the purchase of insurance coverage from Lockton Companies, Inc., for the annual premium of $149,486. The vote was 4-0 in favor.
g. Renewal excess Workers’ Compensation insurance coverage. A memorandum dated March 30, 2015, recommended 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 $153,283.
A motion was made by Mayor James and a second by Commissioner Rader to approve the purchase of excess Workers’ Compensation insurance coverage from Lockton Companies, Inc., for the annual premium of $149,486. The vote was 4-0 in favor.
- Professional Development and Research Bureau.
Deputy Chief Randy Hopkins submitted the basic training class summary dated April 13, 2015. He said the 153rd EOC will graduate this 6:00 p.m., Thursday at the police academy. The 154th EOC will graduate on September 3, 2015.
The Citizens Academy that is currently in session will graduate on May 5, 2015.
Deputy Chief Hopkins said he wanted to recognize an event held at the P.A.L. Unit on March 27, where they hosted an event with PeacePlayers International, Arbinger Institute. PeacePlayers International works with youth to develop future leaders and educate them to lead healthy, constructive lives. One hundred young people, ranging in age from 10-18, attended the event at the P.A.L. Center, which included children of department members. He said the police department will use this program as a building block and develop a curriculum to continue. The P.A.L. Unit has been invited to attend the National P.A.L. Conference in Salt Lake City, Utah, in May 2015.
Commissioner Brooks asked if the police department has a cadet program. Deputy Chief Hopkins said he is working with Major Wayne Stewart to possibly implement a cadet program for high school age children.
With regard to body cameras, Deputy Chief Hopkins said a work group committee has been researching this topic to expore the potential use of these cameras by KCPD. At a previous Board meeting Mr. Andy Arnold discussed this topic relative to HB 1699 that would require law enforcement to wear body cameras. Mr. Arnold indicated that if this law passed it would be costly for larger police agencies due to equipment and data storage costs. There are also issues surrounding the Missouri sunshine law and privacy issues related to the release of body camera recordings. Mr. Arnold said the legislation written on body cameras needs to be written very carefully.
Deputy Chief Hopkins said at the November 2014 Board meeting Chief Forté indicated that a firm policy must be in place prior to using body cameras. Also, the Chief said he wanted community involvement, as well as input from the ACLU, prosecutor’s office, and budget staff.
In December 2014, Mr. Arnold again discussed the topic of HB 1099. He discussed funding and privacy concerns related to body cameras.
Last November Chief Forté appointed the work group, appointing Deputy Chief Hopkins as Chair. This group, which includes staff from Research and Development, have been doing research into this topic.
Deputy Chief Hopkins spoke to Mr. Arnold recently who said that only one of the eight bills related to body cameras has shown any movement. The bill (Senate Bill 331) was debated in the Senate on March 18, but laid over, and has not come up since.
Thus far, the work group has researched various body camera vendors. In 2012, the work group determined that body cameras could be of value for members who did not use in-car cameras, such as bike patrol, motorcycle squads, and footbeat. Currently, the police department has 340 in-car video cameras that capture audio and video. This audio and video is maintained for a minimum of two years. The work group has made inquiries with the current in-car video camera vendors to ask if a body camera system can be integrated with an in-car video system and to-date no such integration is available.
The work group has made contact with many other agencies to inquire about their policies regarding body cameras. The work group has also initiatied conversation with the citizens and have held three meetings thus far. The first meeting consisted of the ACLU, NAACP, Jackson, Clay, and Platte County prosecutors, DOJ, neighborhood association members, and school board officials. The second meeting consisted of internal department members to hear their concerns and comments. The third meeting was held with the Black Agenda Group to listen to their concerns and comments. Out of these meetings came pros and cons of utilizing body cameras. Some pros being the belief that these cameras would benefit the community and result in better behavior by the officers and citizens and would provide excellent evidence in prosecutions. Some cons being the cost, privacy concerns for the officers and citizens. Some did not believe that this would solve trust issues between the community and the police.
In January of this year, Missouri Attorney General Chris Koster encouraged the legislature to modify the sunshine law as it relates to body cameras.
Commissioner Rader commended Deputy Chief Hopkins and the work group. He appreciates the fact that the police department is taking their time and conducting research prior to implementing body cameras. He asked what is the time frame for a more solid decision either way. Deputy Chief Hopkins said the police department is waiting to see what the legislature does on this topic.
Mayor James asked if any thought has been given to an internal policy. Deputy Chief Hopkins said the police department has a draft policy in the event that this would move forward.
Commissioner Wasson-Hunt and Commissioner Brooks commended Deputy Chief Hopkins and the work group efforts also.
- Investigations Bureau.
Deputy Chief Cheryl Rose submitted the Investigation Bureau summary for March 2015.
Deputy Chief Rose said there have been 23 homicides to-date for 2015, with 19 for the same time period in 2014. She said 250 cases were presented to the prosecutor, and 209 were filed year-to-date for 2015.
Year-to-date there have been 22 drive-by shootings compared to 15 for the same time period in 2014.
Deputy Chief Rose said she has been reviewing the Homicide Quarterly report as well as the Project Ceasefire Report and she plans to make improvements and updates to these reports.
Commissioner Wasson-Hunt asked if the police department ever performs interdictions at the Amtrak train station. Deputy Chief Rose said the Interdiction Squad conducts investigations at the bus station and train station. Also, the Airport Squad handles interdictions at the airport. Deputy Chief Rose noted that meth house activity is down, so some of those officers are being used for interdiction activity.
Commissioner Brooks requested a monthly update on apprehensions of those who have perpetrated drive-by shootings.
Deputy Chief Rose said renovations to the 5th floor of headquarters are complete and the Robbery Unit and Domestic Violence Unit will move there soon.
- Human Resources.
Director Nick Nichols presented the personnel summary for March 2015. He said the police department currently has 59 law enforcement vacancies and 86 civilian vacancies. Current department strength is 1,379 law enforcement and 573 civilians.
- Patrol Bureau.
Deputy Chief Kuehl presented the monthly crime summary dated February 2015. A copy of the Crime Summary is marked as Attachment “D” and is attached to these minutes.
Deputy Chief Kuehl submitted the March 2015 Traffic Summary. Through the month of March 2015, there were ten traffic fatalities compared to nine for the same time period last year. A copy of the Traffic Summary is Attachment “E” and is attached to these minutes.
Deputy Chief Kuehl also submitted the March 2015 Executive Summary which is Attachment “F” and attached to these minutes.
- Major Steve Young.
Major Steve Young presented the Private Officers License appeal of Michelle Nickols that recommended the revocation of the unarmed license of Ms. Nickols. The basis for the denial is outlined in Title 17 of the Code of State Regulations, Section 10-2.060 (8) (G) and (H). Ms. Nickols was not licensed when she told a KCPD Sergeant that she was. Her license had been suspended after failing to qualify at the KCPD pistol range.
Commissioner Wasson-Hunt commended Capt. Stacey Graves for the thorough information she provided on this matter.
A motion was made by Commissioner Rader and a second by Commissioner Wasson-Hunt to uphold the denial of a private security license for Michelle L. Nickols. The vote was 4-0 in favor.
- Ms. I. Pearl Fain, OCC Director.
Ms. Fain made her quarterly presentation to the Board. She provided the OCC monthly report for March as well as the OCC first quarter report. During the first quarter OCC received 98 complaints and of those 51 of them were submitted to Internal Affairs for investigation. Also, 46 recommendations were submitted to the Board and the Chief. Of those 46, four were sustained against seven department members.
Ms. Fain said she attended the Black Agenda meeting this morning and she commended Captain Darrin Ivey, Sergeant Sean Hess, Sergeant John Bryant, and Officer Jason Cooley (CIT officers) for their excellent presentation at the meeting this morning. Ms. Fain said nearly daily, OCC contacts CIT officers for their expertise.
Ms. Fain noted a recent trend of complainants involved in certain mental disorders with repeat complaints.
- Audit Committee update.
Commissioner Wasson-Hunt had no new information to report at this time.
- Commissioner Michael Rader.
Commissioner Rader congratulated Mr. David Kenner for receiving the Baron of the Boardroom Award which recognizes KCMBA members who have had a distinguished career representing corporate/business clients.
- Commissioner Alvin Brooks.
Commissioner Brooks thanked all department members for their service.
- Scheduled meetings.
Mr. Kenner confirmed the following meetings:
Tuesday, May 19, 2015
9:00 a.m., South Patrol Division
9701 Marion park Drive, Annex Building, Multi-purpose Room
Tuesday, June 16, 2015
9:00 a.m., KCPD Headquarters
Community Room, 1125 Locust
Tuesday, April 28, 2015
2:45 p.m., KCPD Headquarters
Community Room, 1125 Locust
The Board will vote on FY 2014-15 year end budget transfers. Some Board members will participate by telephone.
In the matter of the disciplinary proceedings of Police Officer Jeffrey Holmes
Tuesday, June 9, 2015
8:30 a.m., KCPD Headquarters
Community Room, 1125 Locust
A motion was made by Commissioner Rader, and seconded by Commissioner Wasson-Hunt and by vote indicated below, to adjourn its open meeting at 11:47 a.m. and reconvene in closed session at 12:04 p.m. as provided in the following resolution. Following a roll call, the vote was 4-0 in favor.
WHEREAS, notice of the board meeting of the Board of Police Commissioners was given on February 24, 2015, 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 13, 2015, at KCPD Headquarters, Kansas City, for the purpose of discussing personnel matters and litigation matters.
The following Commissioners were present and voted to go into closed session as follows:
Commissioner Alvin L. Brooks – Aye
Commissioner Angela Wasson-Hunt – Aye
Mayor Sylvester “Sly” James, Jr. – Aye
Commissioner Michael Rader – 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 13, 2015:
1) Following a motion by Commissioner Rader and a second by Commissioner Wasson-Hunt, the Board voted to approve the application for continued employment of Detective Lexie Wallace. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Rader voted Aye, Commissioner Wasson-Hunt voted Aye, and Commissioner Brooks voted Aye.
2) Following a motion by Commissioner Rader and a second by Mayor James, the Board voted to approve a lease of certain real property for a new multi-jurisdictional covert facility for a total overall cost of $1,604,460.24. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Rader voted Aye, Commissioner Wasson-Hunt voted Aye, and Commissioner Brooks voted Aye.
3) Following a motion by Commissioner Wasson-Hunt and a second by Commissioner Rader, the Board voted to approve RFP No. 2015-5 for the lease of vehicles for covert operations for a total anticipated annual expenditure of $276,660. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Rader voted Aye, Commissioner Wasson-Hunt voted Aye, and Commissioner Brooks voted Aye.
4) Following a motion by Commissioner Wasson-Hunt and a second by Commissioner Rader, the Board voted to approve the minutes of the closed meeting of the Board of Police Commissioners on March 24, 2015. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Rader voted Aye, Commissioner Wasson-Hunt voted Aye, and Commissioner Brooks voted Aye.
5) Following a motion by Mayor James and a second by Commissioner Wasson-Hunt, the Board voted to come out of closed session and adjourn. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Rader voted Aye, Commissioner Wasson-Hunt voted Aye, and Commissioner Brooks voted Aye.
Board of Police Commissioner Minutes