August 26, 2014, Meeting
MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, AUGUST 26, 2014
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, August 26, 2014, at the South Patrol Division, 9701 Marion Park Drive, Kansas City.
Commissioner Alvin L. Brooks, President
Commissioner Michael C. Rader, Vice President
Commissioner Angela Wasson-Hunt, Treasurer
Mayor Sylvester “Sly” James, Jr., Member
Darryl Forté, Chief of Police (left at 9:45 a.m.)
Mr. David V. Kenner, Secretary/Attorney
This meeting was called to order at 9:07 a.m. by Commissioner Brooks.
The invocation was provided by Pastor Kenneth Ray.
1.) Awards and commendations.
Officer Joseph Smith received the Life Saving Award for coming to the aid of a woman who began choking on some food at a restaurant. Officer Smith was off-duty having lunch at the same restaurant when he performed the Heimlich maneuver on the woman.
The Meritorious Service award was presented to Sergeant Cindy Cotterman and Forensic Specialist Alexis Lalli for their dedication and consistent involvement with the Missouri Special Olympics. They both have participated in many of the fundraising events in support of the Special Olympics.
The Certificate of Commendation was presented to Officer Tamara Jones and Officer William Thompson for their dedication and commitment to the performance of their duties. While working in the Power & Light District Officers Jones and Thompson encountered suspects who were being pursued by other officers. One suspect had a handgun pointed in the direction of the pursuing officers. Officer Jones and Thompson drew their weapons and told the suspects to drop their weapons and get on the ground. One of the suspects refused to drop his weapon and Officer Thompson was forced to fire his weapon at the suspect, fatally injuring him and ending the threat to all officers involved.
The Purple Heart was presented to Officer Eric Johnson and Retired Police Officer James Knight. Officer Eric Johnson and then Officer James Knight responded on a suspicious person call and officers found a man who was uncooperative and tried to walk away from the officers. The man tried to punch Officer Johnson and then both officers were injured while trying to take the suspect into custody.
The Board took a recess at 9:16 a.m. and resumed at 9:27 a.m.
2.) Chief Darryl Forte’
Chief Forte´ discussed the success of hotspot policing as it relates to the homicide rate. He said that during the past several years over 50 percent of the homicides have occurred in the hotspot areas. This year there have been no homicides in two of the hotspot areas and only 22 percent of the homicides for the year have occurred in hotspot areas.
He said the community forums held at patrol divisions have been very positive and he will continue to hold such forums.
Chief Forte´ said he continues to have meetings with the community leaders in the northland neighborhoods.
Chief Forte´ read a letter that was written by Alvin Brooks from October 1964.
The Chief said the success of the police department occurs in part with help from the community.
Chief Forte´ said the Nation of Islam made a presentation at the last organizational development meeting.
With regard to the civil unrest in Ferguson, Missouri Chief Forte´ thanked police department staff for maintaining their professionalism and not creating unnecessary fear. He also thanked Mayor James for coming out with a video asking the citizens of Kansas City to keep the peace. Chief Forte´ was very appreciative of the fact that everyone offered their help.
Chief Forte´ discussed the topic of police use of body cameras. He said this needs further investigation prior to implementation.
Acknowledging his 29th year anniversary as a department member, Chief Forte´ thanked everyone who has helped him develop throughout his career and thanked the Board for allowing him to implement his ideas for the police department and the community. He appreciates all the support he has received.
Chief Forte´ discussed a recent presentation by the FBI explaining the process of a civil rights investigation. He said this was very informative.
The Board congratulated the Chief for his years of service.
Mayor James commended Deputy Chief Robert Kuehl and Major Anthony Ell for the work they did at St. James Methodist Church. A forum was held to discuss how to interact with the police.
Commissioner Rader asked if someone has been assigned to research the use and implementation of body cameras. Chief Forte´ said not just yet. The Chief plans to present this to the Board in November or December. Commissioner Brooks said we are wise to test this equipment and learn from other agencies that have experience using it.
3.) Public comments.
Mr. William Isgar thanked the Mayor for his work in the community. Mr. Isgar complained that he has been harassed and assaulted while at a KCATA bus stop and he does not feel safe at the bus stop. Additionally, he is upset that the police department did not arrest this person.
4.) Councilman John Sharp.
Councilman Sharp thanked the police department for hosting an open house at all of the patrol stations. He said he attended one at SPD and it was very well attended and the citizens were very interested.
Councilman Sharp thanked the police department for providing security at a recent Nazi propaganda exhibit held at the National Archives.
An ordinance will be introduced next month to specifically prohibit harassment of pedestrians, bicyclists, or those in wheelchairs. There was a recent women’s bike summit and many of the woman expressed concerns about harassment. Other cities have passed similar ordinances.
Councilman Sharp said careful planning is required prior to implementing body cameras. He believes that these cameras will serve to protect the police from inaccurate claims and unfound charges of improper conduct. However, Councilman Sharp emphasized that we need to have the right technology and procedures, and therefore a pilot program would be helpful.
5.) City Manager’s Office.
Ms. Kate Bender and Ms. Julie Steenson, from the Office of Performance Management, provided an overview of the FY 2013-2014 citizen survey results. The survey was a random sample of the city’s population that is demographically balanced. The administration time period of the survey was August 2013 through May 2014, and 9,000 households were selected to receive the survey.
With regard to questions specific to the police department there was increased satisfaction in the overall effort to prevent crime, visibility of police in neighborhoods, response time, and in the overall feelings of safety. There was no significant change in the satisfaction of overall quality of police services, in the effectiveness of police protection, in the enforcement of traffic laws, or parking enforcement.
6.) City Architects report.
Mr. Eric Bosch provided the Board with an update on the current police department construction projects.
Mr. Bosch provided photos of the EPD/crime lab construction site. He said walls are going up for the power plant and the police station. The infrastructure is going in now also.
Mr. Bosch said that next week the 5th floor at headquarters is moving to the 4th floor. Then demolition will occur on the 5th floor. Currently, renovations are taking place on the 3rd floor.
The next shipment of limestone arrives next week and then it will take three weeks to complete the limestone work in the front of headquarters. Once finished, sidewalks can be completed.
With regard to the new NPD, meetings have been held with Treanor Architectural Firm and the Aviation Department. The programming is in place and the next step is to complete drawings. The City is not trying to match the other police department buildings recently constructed, and the architects will have free rein for design.
7.) Approval of minutes.
A motion was made by Commissioner Wasson-Hunt and a second by Mayor James to approve the minutes of the July 10, 2014, August 4, 2014, Board meetings, and the August 13, 2014, disciplinary hearing. The vote was 4-0 in favor.
8.) Executive Services Bureau.
Deputy Chief Patty Higgins presented the following items for approval.
a.) Acceptance of the Cooperative Disability Investigations MOU and the Missouri Department of Education contract agreement. A memorandum dated August 12, 2014, recommended approval of this contract agreement for the period of September 1, 2014 and ending September 30, 2015 at an amount not to exceed $395,971. A motion was made by Commissioner Rader and a second by Mayor James to approve the contract agreement with the Social Security Administration and the Missouri Department of Elementary and Secondary Education in the amount of $395,971. The vote was 4-0 in favor.
b.) Data circuit replacement for the Department’s network. A memorandum dated August 11, 2014, recommended approval of a 60 month contract for ASE service with AT&T for the annual expenditure of $316,717.61. Additionally, there was a recommendation for approval of a contract for professional services with Alexander Open Systems at a cost not to exceed $47,440.
A motion was made by Commissioner Wasson-Hunt and a second by Commissioner Rader to approve the contract with AT&T in the amount of $316,717.61, and the contract with Alexander Open Systems in the amount of $47,440. The vote was 4-0 in favor.
c.) Budget transfers for FY 2014-15. A memorandum dated August 14, 2014, recommended approval of the transfer of appropriations to the general fund, police drug enforcement fund, and police grants fund. This memorandum is marked attachment “A” and is made a part of these minutes.
A motion was made by Commissioner Rader and a second by Commissioner Wasson-Hunt to approve the budget transfers as presented. The vote was 4-0 in favor.
d.) Adjustments to special revenue accounts for FY 2014-15. A memorandum dated August 15, 2014, was submitted which outlines the details of the adjustment to the special revenue accounts. This memorandum is 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 adjustment to the special revenue accounts as presented. The vote was 4-0 in favor.
e. )Missouri Court of Appeals alarm permit. A memorandum dated August 11, 2014, was submitted to ask if the alarm permit fee shall be waived for the Missouri Court of Appeals. It was recommended that the court hold a valid alarm permit and be responsible for the corresponding fee.
A motion was made by Commissioner Wasson-Hunt and a second by Commissioner Rader that the alarm permit fee shall not be waived for the Missouri Court of Appeals. The vote was 4-0 in favor.
9.) Professional Development and Research Bureau.
Deputy Chief Rose submitted the basic training class summary dated August 19, 2014. She advised that a new EOC class will begin on September 22, 2014, with 20 KCPD recruits. Commissioner Brooks said he wants the ethnic/racial breakdown for this new class. Deputy Chief Rose said she will provide this information to him.
Deputy Chief Rose presented the following consent agenda items for approval:
- Project #541, Personnel Policy 201-7, Code of Ethics and Rules of Conduct
- Project #583, Department Memorandum, Juvenile Curfew
- Project #766, Personnel Policy 04-8, Operation 100
- Project #737, Personnel Policy 819-3, On-duty Exposure to Communicable Diseases and Physical Health Protection
- Project #803, Procedural Instruction, Smoke Free Environment
- Project #820, Personnel Policy, Equal Employment Opportunity Program
- Project #543, Personnel Policy, Employee Evaluations
- Project #812, Procedural Instruction, Inventory and Control of Department Fixed Assets
A motion was made by Commissioner Wasson-Hunt and a second by Mayor James to approve the consent agenda items. The vote was 4-0 in favor.
10. Investigations Bureau.
Deputy Chief Randy Hopkins submitted the Investigation Bureau summary for July 2014. He said there have been 42 homicides to-date for 2014, with 67 for the same time period in 2013.
There have been 1,765 cases presented to the prosecutor with 1,382 cases filed.
Year-to-date there has been 112 drive-by shootings with 131 for the same period last year, a 15 percent decrease.
Commissioner Wasson-Hunt inquired about the thousands of prescription pills recovered as reported under “Notable Events.” Deputy Chief Hopkins said this was an interdiction case where a parcel was intercepted that contained over 35,000 pills.
Commissioner Wasson-Hunt asked if Kansas City has established a “safe place” for individuals who may be exchanging property, prompted by Craig’s list transactions. Deputy Chief Hopkins said NPD and SPD will allow these types of transactions at the station. Mayor James questioned whether or not the police department should be providing a safe place for private enterprise. Deputy Chief Hopkins said this is a common practice when dealing with child custody issues, etc.
Commissioner Brooks discussed a recent Kansas City Star article entitled, “Jackson leads all counties in probation
for 2nd-degree murder, voluntary manslaughter.” He said this trend is disturbing to him and to the families of the victims. Deputy Chief Hopkins said the Jackson County Prosecutor’s Office is working with the police department on these issues and the police department is working within the system the best way possible.
Commissioner Rader said that the police department and prosecutor’s office both work very hard, but evidence is required for prosecution. Mayor James said the number of cases (15 in all) profiled in The Kansas City Star article is a small sample size compared to 15,000 cases. He said one must not believe that examining 15 cases out of 15,000 is a good representation of the total reality, nor is it statistically solid. He said these are issues we have been dealing with for years.
Deputy Chief Hopkins submitted a reformatted version of the Regional Crime Lab monthly report. Director Linda Netzel provided the Board with an overview of this reformatted report. Director Netzel said that currently the lab is trying to fill five vacant positions. She also advised that due to personnel turn over, and the fact that lab fees are based on salaries, the lab fees have dropped.
Deputy Chief Hopkins also submitted the 2nd Quarter Homicide Analysis.
11. Human Resources.
Captain Bob McLees presented the personnel summary dated August 12, 2014. Current department strength is 1,390 law enforcement personnel compared to 1,380 for this same time period in 2013. Civilian strength is 583 positions compared to 568 positions for the same time period 2013. Captain McLees also provided an overview of the ethnic and gender distribution among department members.
12. Administration Bureau.
Major Greg Volker advised there was nothing new to report at this time.
13. Patrol Bureau.
Deputy Chief Kuehl presented the monthly crime summary dated June 2014. A copy of the Crime Summary is marked as Attachment “C” and attached to these minutes.
Deputy Chief Kuehl submitted the July 2014 Traffic Summary. There were three fatalities in the month of July 2014, for a total of 24 fatalities for the year compared to 33 for the same time period last year. A copy of the Traffic Summary is Attachment “D” and attached to these minutes. Deputy Chief Kuehl said that 61 percent of the individuals killed were not wearing a seatbelt.
Deputy Chief Kuehl also submitted the July 2014 Executive Summary which is Attachment “E” and attached to these minutes.
Mayor James asked how information about a reduction in crime gets out to the public. Deputy Chief Kuehl said through individual conversations, e-mails, and community meetings. Deputy Chief Kuehl suggested using billboards to get the information out. Deputy Chief Hopkins said our Media Unit utilizes social medial to get the message out. Mayor James said not everyone has access to the internet, so they are not getting the information. Mayor James suggested putting an insert in the water bills as well as putting the information out on Channel 2.
14. Major Steve Young.
a.) OCC investigations monthly report. Major Young submitted the OCC investigations monthly report dated August 4, 2014. There are currently 37 OCC’s under investigation.
b.) Private officers license appeal, Samuel W. Day. Major Young submitted the appeal of Mr. Day dated July 16, 2014.
The Private Officers Licensing Unit denied the license of Mr. Day. The basis for the revocation was outlined in Title 17 of the Code of State Regulations, Section 10-2.050 (4) (E). Mr. Day’s license was denied due to his conviction for 3rd degree misdemeanor assault in 2010.
A motion was made by Commissioner Rader and a second by Commissioner Wasson-Hunt to uphold the decision of the Private Officers Licensing Section to deny the private security license of Mr. Samuel W. Day. The vote was 4-0 in favor.
15. Office of General Counsel.
a.) Limited English Proficiency/Office of Civil Rights update. Ms. Virginia Murray provided the Board with an update on the department’s efforts to provide services to people with limited English proficiency (LEP). The Office of Civil Rights (OCR) suggested ideas to improve services to this segment of the population. The Chief issued a Special Order putting together a committee within the police department. Mr. Mark Russo, an analyst from Research and Development, chairs this 20 person committee. The committee is very diverse, both civilian and sworn members, from all ranks and titles. The committee meets every six weeks.
Ms. Murray said the OCR recommended that the police department have a stand-alone policy regarding interpretive services to direct members on how to interpret for those with LEP. This was accomplished. Additionally, OCR recommended that the department develop a way to gather LEP data, i.e., when and where are department members encountering those with LEP. The committee developed a printed form that will be introduced at EPD this week and will be in use on a test basis for 1-2 months beginning the first week of September. This information will then be entered into a database.
16. Fraternal Order of Police Lodge No. 99.
Officer Steve Miller said that last week FOP membership ratified the tentative agreement between the FOP and the BOPC. He thanked Major Young, Mr. Tony Byergo, and Mr. Flaherty for all of their work on the MOU.
He said the FOP will send officers to staff the food and beverage portion of the command center in Ferguson, Missouri. Mayor James said the police department must be aware of the sensibilities of all people involved and do nothing that causes a problem here or there.
17. Scheduled meetings.
Tuesday, September 16, 2014
9:00 a.m., Regional Police Academy, 6885 N.E. Pleasant Valley Road,
Auditorium, Kansas City
Tuesday, October 28, 2014
9:00 a.m., South Patrol Division, 9701 Marion Park Drive,
Annex Building, Multi-Purpose Room, Kansas City
Tuesday, November 25, 2014
9:00 a.m., Location to be determined.
Tuesday, December 16, 2014
9:00 a.m., Location to be determined.
18. Commissioner Angela Wasson-Hunt.
Commissioner Wasson-Hunt asked about item C in the informational item section entitled, 911 Legislation Memorandum. Mr. Kenner proposed that the Board meet with the lobbyist in November to discuss this.
A motion was made by Commissioner Wasson-Hunt, seconded by Mayor James and by vote indicated below, to adjourn its open meeting at 11:30 a.m. and reconvene in closed session at 11:47 a.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 July 22, 2014, 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, August 26, 2014, at the South Patrol Division, 9701 Marion Park Drive, Kansas City, for the purpose of discussing personnel matters, litigation matters, and labor negotiations.
The following Commissioners were present and voted to go into closed session as follows:
Commissioner Alvin L. Brooks – Aye
Commissioner Angela Wasson-Hunt – Aye
Commissioner Michael C. Rader – Aye
Mayor Sylvester “Sly” James, Jr. – 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 August 26, 2014:
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 Reserve Police Officer Douglas Harr. 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 Commissioner Wasson-Hunt, the Board voted to approve the application for continued employment of Police Officer John Stafford. 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 Mayor James, the Board voted to approve the minutes of the July 10, 2014, August 4, 2014, and August 13, 2014, meetings of the Board of Police Commissioners. 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 Rader and a second by Commissioner Wasson-Hunt, the Board voted to deny the private officer’s license appeal of Nicholas B. Evans. 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 Commissioner Wasson-Hunt and a second by Mayor James, 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 Commissioners Minutes