August 9, 2016, Meeting
MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, AUGUST 9, 2016
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, August 9, 2016 at KCPD Headquarters, Community Room, Kansas City.
Commissioner Leland M. Shurin, Vice President
Commissioner Angela Wasson-Hunt, Treasurer
Commissioner Alvin Brooks, Member
Mayor Sylvester “Sly” James, Jr., Member
Darryl Forté, Chief of Police
Mr. David V. Kenner, Secretary/Attorney, via telephone
Commissioner Michael C. Rader, President
This meeting was called to order at 10:06 a.m. by Commissioner Shurin. Pastor Kenneth Ray provided the invocation.
- Awards and Commendations.
A Special Unit Citation was presented to Detectives David DeLaMare, Wayne Jones, Daniel Kaat, Retired Detective Ron Orr and Officer Jason Cooley. The combined efforts of the officers and detectives of East Patrol helped the residents of the Scaritt Renaissance neighborhood feel safer in their homes. Because of their excellent communication and teamwork, the Detectives and Officer ended a home burglary pattern within East Patrol Division that started on October 31, 2014, until the suspect was apprehended on July 12, 2015.
The Lifesaving Award was presented to Sergeant Dennis Wycoff and Officers Shawn Davis and Kelly Stamm for their commendable actions in a life or death situation. Sergeant Wycoff and Officers Shawn Davis and Kelly Stamm saved a man who they could see from outside a residence was hanging motionless from a door inside the residence. Sergeant Wycoff forced entry into the locked room by kicking the locked door. After gaining entry the Sergeant and Officers lifted the man off the hook and found he was not breathing and had no pulse. Sergeant Wycoff, Officers Davis and Stamm all began life saving measures by providing chest compressions and rescue breathing until EMS personnel arrived. A heart monitor was placed on the man and found he had a heartbeat and was rushed to a hospital in critical condition
The Board took a recess at 10:15 a.m. and resumed at 10:25 a.m.
- City Manager’s Office.
Kate Bender and Julie Steenson of the Office of Performance Management presented the Board with the Fiscal Year 2015-2016 Citizen Satisfaction Survey Results with particular focus on the area of Police Services. Ms. Bender said the survey is an opportunity to gather information from a random sample of citizens who reflect the population at large and because it is random, it is representative on a demographic basis and they can then infer the results to the population at large within a fairly small margin of error.
- Councilperson Alissa Canady.
Councilperson Canady provided a brief update of the Public Safety Committee. Councilperson Canady began by thanking the Board for their services to the community. Councilperson Canady recognized the anniversary of the shooting of Michael Brown in Ferguson, Missouri. She further stated we have been very fortunate in Kansas City not to have had some of the major incidents other cities have had regarding race relations and unarmed shootings. Councilperson Canaday attributed that to the leadership in Kansas City and being proactive.
Councilperson Canady said during the last Board meeting she had made some suggestions to enhance community policing and since then she was able to meet with Mayor James and Chief Forté to fully discuss those ideas. She said there needs to be more thought put into how to approach those concerns and how to collaborate with social services. She stated much more thoughtful conversations need to occur and it’s not as simple as putting a plan together and acknowledged that you have to have the right partners involved to make it effective.
Councilperson Canady acknowledged there have been discussions with the community regarding a Citizen’s Review Committee. Councilperson Canady further stated what the community really wants is more accountability, whether it’s through the existing mechanism or an independent agency. Councilperson Canady said they want to find ways to enhance what is working.
Councilperson Canady also spoke of the importance of having diversity in the Leadership of the Police Department.
- Chief Darryl Forté.
Chief Forté started off by thanking everyone in the community for supporting the Police Department. Chief Forté said the Police Department has received letters, cards, meals, and the offer of oil changes and tire rotations.
Chief Forté said he accepts and appreciates all opinions and it is important to continue to share our opinions. He again expressed the importance of communication. Chief Forté discussed examples of arrogance and ignorance and the need to continue to reach out to the community and understand the community we police.
Chief Forté announced a community event hosted by PLUG – Peace Love Under God on August 13, 2016 at 27th & Prospect.
Chief Forté said that he needs to continue to set the tone for the Police Department to discuss issues in order to understand each other, move forward and have a better Police Department.
Chief Forté announced the North Patrol Division topping out ceremony on August 12, 2016.
- City Architect’s report.
Mr. Eric Bosch announced the topping out ceremony at the new North Patrol Division on August 12, 2016, 10:30 a.m. at 11000 NW Prairie View Road. Mr. Bosch explained that at the ceremony the final steel beam will be on the ground for everyone to sign. The beam will then be raised and bolted into place on the structure. Mr. Bosch said the project is running smoothly and there has been a lot of progress.
- Public comments.
Dr. Vernon Percy Howard, Jr., President of the Southern Christian Leadership Conference of Greater Kansas City, spoke on behalf of the Board of Directors and several other community organizations regarding the police shooting of Ryan Stokes on July 28, 2013. Dr. Howard said they believe there are discrepancies surrounding the shooting. Dr. Howard had a list of demands for the Board regarding the shooting of Ryan Stokes, which he submitted to the Board.
Commissioner Shurin said he respected the SCLC and their non-violent methods and thanked Dr. Howard for his comments.
Ms. Justice pointed to the current agreement between the Fraternal Order of Police Lodge #99 and the Board of Police Commissioners which is in effect until April 30, 2017. She inquired if negotiations have begun and if more transparency surrounding critical incidents would be included in the new agreement. Ms. Justice asked Chief Forté if he would be willing to fight for more transparency for the community.
Ms. Justice had questions on how officers were being held accountable from complaints filed with the Office of Community Complaints and the number of complaints received at the Office of Community Complaints. Mayor James explained the process of disciplinary hearings to Ms. Justice and referred her to Pearl Fain of the Office of Community Complaints for the information on the number of complaints filed.
Ms. Justice also inquired why Officer William Thompson received a Commendation for the shooting of Ryan Stokes.
Britt then spoke and inquired about Officer Thompson receiving a Commendation for shooting Ryan Stokes. She inquired if there is a policy or training in place for officers who patrol Hot Spots. She asked why Chief Forté blocked community members on Twitter.
Chief Forté spoke, advising that a civil lawsuit had been filed against the Board regarding the Ryan Stokes case and they are limited on the information they can share.
Alice Chamberlin with Showing up for Racial Justice Kansas City expressed her concerns about the use of military equipment with local police departments. She asked for an inventory of the military equipment of the KCPD.
Anna asked questions regarding policies of the department on rendering first-aid to handcuffed citizens.
Luke Pretz with Showing Up for Racial Justice Kansas City inquired what protections are in place for the public to prevent retaliation from officers who have been disciplined. Mr. Pretz asked Mayor James how he has used his position to make KCPD more responsible for their actions.
Ashley then spoke about Racial Profiling data and inquired how the Board is going to prevent racial profiling by the police department.
Angela with Showing up for Racial Justice, spoke about her concerns with the use of Mounted Patrol and injuries. She also inquired about the training of Mounted Patrol Officers.
Diane with One Struggle KC, spoke about the Office of Community Complaints process and inquired why citizens are not given access to an entire investigative file. Pearl Fain stated that OCC files are protected under the Missouri Sunshine Law.
- Approval of minutes.
Commissioner Wasson-Hunt asked for a correction to page 11 of the minutes.
A motion was made by Commissioner Wasson-Hunt, with a second by Mayor James, to approve the minutes of the open session of the July 12, 2016, board meeting. The vote was 4-0 in favor.
- Executive Services Bureau.
Major Karl Oakman presented the following items for Board approval:a. Supplemental Appropriations for Fiscal Year 2016-2017. A memorandum dated July 27, 2016, states the City Council passed Ordinance #160334 on May 4, 2016, which provides $129,592 to the Department in support of the KC NoVA program. A recommendation the Board accept the Ordinance and authorize increases to revenue and appropriation accounts.
A motion was made by Commissioner Wasson-Hunt, with a second by Commissioner Brooks to approve the supplemental appropriations in the amount of $129,592. This memorandum has been made part of the minutes. The vote was 4-0 in favor.
b. Budget transfers for FY 2016-17. A memorandum dated July 28, 2016, recommended budget transfers that will affect the general fund, police grants fund, and grants special revenue fund. A motion was made by Commissioner Brooks, with a second by Commissioner Wasson-Hunt to approve the budget transfers as presented. The vote was 4-0 in favor.
c. Adjustments to Special Revenue Accounts for FY 2014-2015. A memorandum dated July 28, 2016, recommends approval to increase the current year appropriations in the Federal Seizure & Forfeiture Fund in order to expand data storage capacity in the total sum of $162,394.
A motion was made by Commissioner Brooks, with a second by Commissioner Wasson-Hunt to approve the adjustments to the Special Revenue Accounts as presented. The vote was 4-0 in favor.
d. Cooperative Disability Investigations Contract Agreement. A memorandum dated July 26, 2016 recommended the Board approve a Contract Agreement that ensures the Kansas City Board of Police Commissioners will be reimbursed for the salary and benefits for two detectives and one civilian analyst for the period of October 1, 2016 through September 30, 2017. The total funding provided to the Kansas City Board of Police Commissioners is $372,991.52. A motion was made by Mayor James, with a second by Commissioner Wasson-Hunt to approve the agreement with the Social Security Administration in the amount of $372,991.52. The vote was 4-0 in favor.
e. Hazardous Moving Violation Grant Modification. A memorandum dated July 26, 2016, recommended approval of the additional funding provided by MoDOT, which was not part of the original grant award for the purchase of equipment.
A motion was made by Mayor James, with a second by Commissioner Brooks to approve the grant modification. The vote was 4-0 in favor.
f. Bid No. 2014-3 Automotive Tires. A memorandum dated July 29, 2016, recommended approval to renew a one-year contract with Goodyear Tire & Rubber to supply automotive tires to the KCPD with an anticipated expenditure of $145,420.20.
A motion was made by Mayor James, with a second by Commissioner Wasson-Hunt to approve the purchase of automotive tires in the amount of $145,420.20. The vote was 4-0 in favor.
g. Department’s Storage Area Network (SAN) Expansion. A memorandum dated August 1, 2016 recommended approval for the purchase from AOS of hardware/software and installation services for Isilon storage devices for a total expenditure of $162,394.07.
A motion was made by Commissioner Brooks, with a second by Mayor James to approve the purchase of hardware/software installation in the amount of $162,394.07. The vote was 4-0 in favor.
- Professional Development and Research Bureau.
Deputy Chief Bob Kuehl submitted the basic training class summary for August 2016.
Deputy Chief Kuehl requested Board approval for the following consent agenda items:
a. Project #535, Academic Selection
b. Project #773, PPBM, Civil Right Investigation
c. Project #956, PPBM, Employee Assistance Program (EAP)
d. Project #735, Procedural Instruction, Security and Usage of Police Department Facilities.
A motion was made by Commissioner Wasson-Hunt, with a second by
Commissioner Brooks to approve the consent agenda items. The vote was 4-0 in favor.
- Investigations Bureau.
Deputy Chief Rose said that to-date 2016, there have been sixty four homicides compared to fifty one in 2015. She said there were forty three in 2014 and sixty in 2013 and 2012. Deputy Chief Rose said the group-related homicides, which are measured by Kc NoVa, are down slightly. Deputy Chief Rose stated since Kc NoVa has been implemented there has been a slight drop in group homicides. Deputy Chief Rose wanted to clarify Kc NoVa does not target every homicide type. Kc NoVa targets the most violent offenders.
Mayor James added Kc NoVa is a focused deterrence model, and the focus has to be on identifiable groups. The process of Kc NoVa is to identify the groups and those associated with the groups and to try to enforce laws with those groups or to get them out of the situation with the assistance of the social services part.
Deputy Chief Rose said there have been eight domestic violence homicides to-date in 2016. Deputy Chief Rose said violent crimes are up nationwide. Deputy Chief Rose said drive-by shootings were up fifty one percent for the month compared to 2015.
Mayor James said the rising numbers in violent crimes will not be helped with the passing of HCS SB656, which would allow 19 year-olds to purchase a gun without a permit or any type of training.
- Human Resources.
Major Melvin Harvey presented the personnel summary dated July 31, 2016.
- Administration Bureau.
Director Mike Grigsby presented the Regional Criminalistics Division monthly statistics for August, 2016.
- Patrol Bureau.
Deputy Chief David Zimmerman presented the monthly crime summary dated June 2016. Deputy Chief Zimmerman said violent crimes, part one crimes, homicides and aggravated assaults are up. Deputy Chief Zimmerman said most property crimes are down and are continuing to trend down. Deputy Chief Zimmerman added, arson is the only thing trending up in property crime. Deputy Chief Zimmerman presented the district personnel work load chart.
Deputy Chief Zimmerman submitted the Traffic Summary for the month of July 2016. Deputy Chief Zimmerman said the fatalities are thirty eight year to-date compared to thirty seven in 2015. He said the main contributing factor continues to be not using seatbelts.
Commissioner Shurin inquired about the number of high crash locations vs. the top traffic complaint areas. Deputy Chief Zimmerman explained high traffic crash locations are where the accidents occur and the top traffic complaint locations are areas where they have received complaints about traffic. Commissioner Brooks said he appreciates seeing the officers doing enforcement on 71 Highway, since so many people speed on that highway.
- Professional Standards Division.
Major David Bosworth presented the OCC Investigations summary dated August 1, 2016. Major Bosworth said the total number of OCCs received in 2016 is eighty compared to one hundred three in 2015, a difference of -22%. Major Bosworth said eighty four investigations have been completed and forwarded to OCC in 2016, compared to one hundred five in 2015.
Commissioner Brooks pointed out that complaints against police officers are down in 2016.
- Office of Community Complaints. Ms. Pearl Fain presented the Office of Community Complaints Monthly Report for July 2016.
- Audit Committee update.
Commissioner Angela Wasson-Hunt had nothing to report from the Audit Committee.
- Fraternal Order of Police Lodge No. 99.
Sgt. Brad Lemon had nothing to report.
- Mr. David V. Kenner.
Mr. Kenner had nothing to report.
- Mayor Sylvester “Sly “James.
Mayor James thanked Sgt. Brad Lemon for his stance on Bill 656, and said they are going to be actively engaged in upholding the veto. Mayor James also thanked Chief Forté for his support in upholding the veto.
- Commissioner Angela Wasson-Hunt.
Commissioner Wasson-Hunt thanked Sgt. Brad Lemon for his assistance with a call she received from the Mid-Continent Library.
- Commissioner Alvin Brooks.
Commissioner Brooks said he urges people who have been offended or feel they have been disrespected by police to file a complaint with OCC. Commissioner Brooks said when he asked Major Bosworth about the number of complaints filed with OCC, they were down. Commissioner Brooks said that with a city and department of this size for the complaints to be down, it says something about the work the officers out on the streets are doing.
Commissioner Brooks recognized Chief Randy Hopkins of Rockhurst University.
Commissioner Brooks said he has been to five community meetings since the last Board meeting that have been organized by the community to help develop a better relationship with the police. Commissioner Brooks said the officers at those meetings represented the Police Department well, and they are well thought of by the community members of those areas. Commissioner Brooks said we are doing something right, when officers are doing the self-initiated work.
Commissioner Brooks inquired about a Business Meeting that was on the schedule for August 30, 2016. Secretary Kenner advised him it involved the promotional process and negotiations with the FOP. Commissioner Wasson-Hunt said they were scheduling a separate meeting because it may take longer than a normal Board meeting.
A motion was made by Mayor James, and seconded by Commissioner Wasson-Hunt and by vote indicated below, to adjourn its open meeting at 12:20 p.m. and reconvene in closed session 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 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, August 9, 2016, at KCPD Headquarters, 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 Leland M. Shurin – 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 9, 2016:
1) Following a motion by Mayor James and a second Commissioner Wasson Hunt, the Board voted to go into closed session to discuss litigation matters, personnel matters, and labor negotiations. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Wasson-Hunt voted Aye, Commissioner Brooks voted Aye, and Commissioner Shurin voted Aye.
2) Following a motion by Commissioner Wasson-Hunt and a second by Commissioner Brooks, the Board voted to approve the applications for continued employment of Reserve Police Officer Frederick Phillips, Reserve Sergeant Dwight Rhodes, and Detention Officer Patricia Doolin. The vote was 4-0 in favor. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, 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 Mayor James, the Board voted to approve the minutes of the closed meetings of the Board of Police Commissioners on July 12, 2016, and July 16, 2016. The vote was 4-0 in favor. Following polling, Mayor James voted Aye, Commissioner Wasson-Hunt voted Aye, Commissioner Brooks voted Aye, and Commissioner Shurin voted Aye.
Mayor James was excused from the meeting at 1:23 p.m.
4) Following a motion by Commissioner Wasson-Hunt and a second by Commissioner Brooks, the Board voted to come out of 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 1:30 p.m.
Board of Police Commissioner Minutes