July 12, 2016, Meeting
MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, JULY 12, 2016
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, July 12, 2016 at KCPD Headquarters, Community Room, Kansas City.
Commissioner Michael C. Rader, President
Commissioner Leland M. Shurin, Vice President
Commissioner Angela Wasson-Hunt, Treasurer
Commissioner Alvin Brooks, Member
Darryl Forté, Chief of Police
Mr. David V. Kenner, Secretary/Attorney
Mayor Sylvester “Sly” James, Jr., Member
This meeting was called to order at 10:03 a.m. by Commissioner Rader. Commissioner Rader asked for a moment of silence to remember the Dallas police officers killed or injured in a shooting that occurred on July 7, 2016; as well as for the Ballwin, Missouri police officer who was shot and injured on July 8, 2016. Pastor Dennis Dewey provided the invocation.
- Awards and Commendations.
The Lifesaving Award was presented to Officer Kevin Colhour and the Certificate of Appreciation was presented to Megan McMonigle for their lifesaving assistance to a man who was involved in a serious rollover accident that occurred after the driver has been shot in the neck. On March 10, 2016, Officer Colhour was on his way home from an off-duty job when he came upon the accident. He exited his car to assist the injured man who was lying on the highway shoulder. Ms. McMonigle also stopped to assist and Officer Colhour asked her to help apply pressure to the man’s neck because he was bleeding heavily. The man is recovering and doctors said that if Officer Colhour and Ms. McMonigle had not applied pressure to the wound the man would not have survived.
The Meritorious Service Award was presented to Human Resources Specialist Katie Dumit for her dedication and commitment to the performance of her duties. When Katie Dumit was hired to fill a vacancy in the Worker’s Compensation officer in April 2013, the entire office had turned over with retirements and resignations in the previous five months. One retiree came back on a contract basis for about two months to help Ms. Dumit get accustomed to her new job duties, however, Ms. Dumit had to figure out the rest on her own and do the jobs of two people. Ms. Dumit quickly learned her duties, department policies, and state laws regarding worker’s compensation, putting in lots of overtime during her first six months on the job. Ms. Dumit spotted processes that could be made more efficient and implemented them and she found a better and less costly injury treatment clinic. Ms. Dumit has been so efficient that the second worker’s compensation vacancy in the office did not need to be filled.
The Certificate of Appreciation was presented to members of the FBI Bank Robbery Squad, which includes Special Agents Ben Kinsley, Dirk Tarpley, Leena Ramana, Angela Frisbee, J.C. Bauer and Mike Mrachek; and members of the FBI Violent Crimes Fugitive Task Force, which included FBI Special Agents John Hauger, Doug Spillers, Arch Gothard and Nate VanSickle, Detective Larry Chronister of the Kansas City Kansas Police Department, Detective Kevin Finley of the Johnson County Kansas Sheriff’s Office and Deputy Marshal Rex Griffith of the U.S. Marshals, as well as FBI Supervisory Special Agent Marlin Ritzman. The Certificate of Commendation was presented to Detective John Colley, who also is a member of the FBI Violent Crimes Fugitive Task Force. Three armed robberies in Kansas City and one in Grandview in June, 2012, drew the attention of the members of the FBI Bank Robbery Squad and Violent Crimes Fugitive Task Force, which includes KCPD Detective John Cooley. The FBI teams involved got word that another robbery was about to occur and began surveillance on the suspect. The suspect, along with three other men, robbed a Bank of America. The FBI teams were waiting just outside and all of the suspects were taken into custody and the money was recovered. All of the robbers are now serving federal prison time.
The Certificate of Commendation was presented to Sergeant Nathan Simecek for his life-saving actions and immediate response to a dangerous situation. On February 16, 2016, Sgt. Simecek observed a vehicle traveling 80-100 mph, nearly striking other cars. Sgt. Simecek began to pursue the car because it was creating a hazard to the public. The car eventually got on 71 Highway then exited onto Red Bridge, clipped another car then ran off the road to the bottom of a ravine. The driver immediately got out of his car and pointed a gun to his head. Sgt. Simecek requested a negotiating team and EMS. The man would wave his gun and then point it back to his head, yelling at the officers to shoot him. He told officers that he wanted the police to shoot him due to recent life events and that he needed help. The man finally put down his weapon and was transported to a psychiatric hospital.
The Board took a recess at 10:20 a.m. and resumed at 10:30 a.m.
- Cochran Head Vick & Co.
Mr. David Cochran, Michael Keenan, and Ralph Johnson were present to discuss the financial and compliance audit for the year ending April 30, 2016. Mr. Cochran thanked Chief Darryl Forté, Deputy Chief Higgins, Major Francisco, Margaret Harman and the other Fiscal Unit staff for their assistance in conducting the audit.
Mr. Cochran provided a copy of the Financial Statements, Single Audit Report, and the Required Communication and Management Letter to the Board.
Mr. Keenan said the audit revealed no illegal acts, difficulties or disagreements with management, and the firm had full access to books and records. The only change to accounting practices is that in 2016, the police department changed accounting policies related to its pension plan disclosures by adopting Government Accounting Standards Board (GASB) Statement No. 68 – Accounting and Financial Reporting for Pensions – an amendment for GASB Statement No. 27. Mr. Keenan said that last year it was unclear as to which entity, the City or the police department, was going to report this obligation. It has been determined that the City will report this obligation.
With regard to the financial statements, the auditing firm issued an unmodified opinion that the police department’s financial statements are fairly represented in all material respects. No deficiencies were identified in internal controls that would be considered a material weakness. The police department complied in all material respects with the finance-related laws and regulations that govern their operations.
Mr. Keenan said the auditing firm did identify an adjustment that was necessary related to inventory procedures concerning radio component parts. These radio parts were found on the wrong inventory list. Management responded to this adjustment and it has been corrected.
Mr. Keenan said with regard to future accounting pronouncements, the only one that will impact the financial numbers will be GASB Statement No. 75, which is the pension plan. When this GASB Statement is implemented, liabilities will be reported also.
Mr. Keenan said that the police department implemented all of the prior year audit recommendations.
Commissioner Rader inquired about the upcoming changes that Mr. Keenan described. Mr. Keenan said these are related to other post-employment benefits for retirees.
Commissioner Wasson-Hunt said this audit was presented to the Audit Committee on July 8, 2016, and she thanked Ms. Margaret Harman for her fine work with the auditing firm.
A motion was made by Commissioner Wasson-Hunt, with a second by Commissioner Shurin to accept the annual financial audit as presented. The vote was 4-0 in favor.
- Public Safety Committee.
Councilperson Alissa Canady expressed her concerns about the unrest and violence toward police officers that is occurring across the country. She said she feels fortunate that no incidents have occurred in Kansas City. Ms. Canady said that prayer vigils and other gatherings were held in Kansas City related to this unrest.
Ms. Canady said the community asked about accountability and how are issues handled in Kansas City. Ms. Canady said she explained to the citizens that the Office of Community Complaints (OCC) is available for the citizens to file complaints against police officers. Ms. Canady said that OCC told her that sometimes the citizens do not follow through with the complaint process and the file is then closed. Ms. Canady said that citizens with prior police records experience fear and intimidation over the complaint process.
Ms. Canady said that when violence occurs at the hands of a police officer, the community wants justice; however, there is not the same outcry when a member of the community commits violence against other community members. Ms. Canady encouraged citizens to be more responsive to acts of violence in its own community. Ms. Canady encouraged heightened officer engagement so that citizens feel more comfortable giving information to the police regarding acts of violence. She encouraged the police department and the city to open a CAN (Community Action Network) center on the east side to encourage positive interaction between the police and the community.
Commissioner Rader said the police department is doing a lot right now to help officers deal with the high-pressure, intense job that they do. Commissioner Rader said the police department would do anything to make the OCC process more transparent.
Commissioner Wasson-Hunt asked Ms. Canady to find the money for a CAN center. Ms. Canady said the resources are there, funding, social services, buildings, and it is just a matter of aligning these resources. Ms. Canady discussed Eisenhower Institute’s work in creating sub-stations in established public facilities that are successful.
- Chief Darryl Forté.
Chief Forté said he is opposed to CAN centers. He said the Westside CAN center operates efficiently; however, these centers have not been successful in other parts of the community. The Chief said the last one other than the one on the west side was at 35th and Indiana which served as a place for the elderly residents to visit. Chief Forté suggested that police officers out in the field visit with citizens on front porches, speak to them at stores, and get to know business owners. Chief Forté said the young, black residents that may have information about crimes, are not going to go inside a CAN center. The police department needs more people. Also, citizens and the City need to address trash, and broken sidewalks and streetlights.
Chief Forté said there is division in the neighborhoods and division in the police organization. He said racism is real in housing, banking, sports, education, and politics. Chief Forté spoke about some of his experiences as a black chief of police; an e-mail campaign to accuse him of sexual harassment, nails in his tires at home, a potentially threatening letter in the mailbox at home.
Chief Forté said that this organization is composed of mostly fair people, however, this is not acceptable; everyone needs to be fair.
Chief Forté said he recalls that 30 years ago the same discussions were being had about black-on-black homicides and how the police abuse people in the field. Chief Forté said that the violence against blacks and the unrest that is happening now across the country is nothing new. The difference is that it is now being captured on video.
Chief Forté said that we must challenge our assumptions.
Commissioner Brooks said he appreciates the Chief’s honesty, integrity and vision for the police department. Commissioner Brooks said he applauds the officers who do the right thing.
- City Architect’s report.
Mr. Eric Bosch said construction progress has been good on the new NPD police station. He said walls are going up and steel erected. Construction should be finished in about one year. Mr. Bosch said the airport has been cooperative with this construction process.
- Public comments.
Ms. Jeannie Carlson discussed her concerns about the extreme vehicular noise near her condominium near 25th and Main. Apparently, some cars and motorcycles use the hill on Main Street to race all hours of the night. Major Karl Oakman said he will discuss this matter with Ms. Carlson.
- Approval of minutes.
A motion was made by Commissioner Wasson-Hunt, with a second by Commissioner Brooks to approve the minutes of the June 14, 2016, Board meeting. The vote was 4-0 in favor.
- Executive Services Bureau.
Deputy Chief Patty Higgins presented to following item for approval:
a. Budget transfers for FY 2016-17. A memorandum dated June 30, 2016, recommended budget transfers that will affect the Police Grants Fund. This memorandum is marked Attachment “A” and is made a part of these minutes.
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.
- Professional Development and Research Bureau.
Deputy Chief Bob Kuehl submitted the basic training class summary for July 2016. The 158th EOC is one of the larger academy classes that have been held recently, with 26 KCPD recruits. Deputy Chief Kuehl discussed the one-on-one recruiting that occurs in the community.
Deputy Chief Kuehl requested Board approval for the following consent agenda item:
- Project #837, Procedural Instruction, Response to Resistance
A motion was made by Commissioner Brooks, with a second by Commissioner Shurin to approve the consent agenda items. The vote was 4-0 in favor.
- Investigations Bureau.
Deputy Chief Cheryl Rose said that year-to-date; there have been 52 homicides in 2016, compared to 38 last year.
Deputy Chief Rose said that to-date 2,547 cases were presented to the prosecutor, and 1,359 were filed for 2016. Deputy Chief Rose said the increased number of cases presented is due to the fact that the Drug Enforcement Unit is working on a backlog so more cases are being submitted.
- Human Resources.
A/ Director Mike Hicks presented the personnel summary dated July 5, 2016. Current department strength is 1,335 law enforcement and 532 civilians.Administration Bureau. Deputy Chief Hundley presented the Regional Criminalistics Division monthly statistics for July, 2016. Deputy Chief Hundley said that on every Friday during the month of August, between the hours of 1:00 and 3:00 p.m., the lab will hold an open house for police department members to tour the new facility.
Deputy Chief Hundley said the police department values all life and the priority is to protect every life. Deputy Chief Hundley explained that the “Black Lives Matter” slogan was created as an outcry to bring attention to a specific area of concern in many communities nationwide. Deputy Chief Hundley warned of those who want to manipulate the true meaning of the slogan; it is not a racist statement. Deputy Chief Hundley said that everyone knows that all lives matter and the slogan is meant to express the sentiment that blacks lives matter too.
- Patrol Bureau.
Major Scott Glaeser spoke for Deputy Chief David Zimmerman in his absence. Major Glaeser presented the monthly crime summary for May, 2016. A copy of the Crime Summary is marked as Attachment “B” and is attached to these minutes. Major Glaeser said the police department is doing everything they can to engage with the community and we truly care. Officers are not simply responding to calls for service, they are going out into the community and speaking to citizens to get to know them on an individual basis. Major Glaeser said that he hopes the community can accept us with our flaws as human beings.
Major Glaeser submitted the Traffic Summary for the month of June, 2016. This report is marked attachment “C” and is attached to these minutes. Major Glaeser said currently there have been 28 fatalities this year, compared to 27 last year. He said unfortunately these fatal accidents have been following the same pattern for years, many of the victims are young males without seatbelts.
Major Glaeser submitted the 2nd Quarter Fatality Report which is marked attachment “D” and is attached to these minutes.
Also submitted was the Executive Summary for June, 2016.
- Professional Standards Division.
Manager Tamy Gallagher spoke for Major David Bosworth in his absence.
a. Private Officer License appeal, Angela M. Goodman. Ms. Gallagher presented a memorandum dated June 21, 2016, from the Private Officer Licensing Section that recommended the denial of the unarmed, private security license of Angela M. Goodman. The basis for the revocation was Title 17 of the Code of State Regulations, Section 10-2.050 (3) (G), which stipulates, in part, that each applicant applying for a license must not have been convicted of a felony or misdemeanor in federal or state court. The basis for the denial is Ms. Goodman’s felony conviction of stealing.
A motion was made by Commissioner Rader, with a second by Commissioner Wasson-Hunt to uphold the denial of a private security license to Angela M. Goodman. The vote was 4-0 in favor.
- Office of Community Complaints.
Director Pearl Fain submitted the monthly, 2nd quarter, and semi-annual OCC reports. Deputy Director Merrell Bennekin introduced the current summer interns, Ms. Briana Piercey and Ms. Claudia Guillen. He said the interns are very much an asset to OCC in assisting with projects such as outreach, community engagement and education. Commissioner Wasson-Hunt asked how OCC is coming along with the social media and website recommendation. Mr. Bennekin said this project is nearly finished and OCC is about 65 percent finished with the implementation of other recommendations made by a previous intern.
Mr. Bennekin introduced representatives from the City of St. Louis Oversight Board. This Board was recently formed and Mr. Bennekin had the opportunity to meet the Director, Nicolle Barton. Mr. Bennekin invited the oversight board to visit Kansas City to see how OCC works and the relationship it has with the police department and the community. Ms. Barton spoke briefly about the St. Louis Civilian Oversight Board, saying it was developed as a result of the crisis and protests in Ferguson, Missouri in 2014. The City of St. Louis Oversight Board is composed of seven board members nominated by the Aldermen and selected by the Mayor. She thanked OCC for allowing her group to visit their office and she thanked law enforcement officers as well.
Mr. Bennekin invited the Board to the working lunch that will be held at OCC today.
- Audit Committee.
Commissioner Wasson-Hunt said an Audit Committee Meeting was held on July 8, 2016.
- Fraternal Order of Police Lodge No. 99.
Sgt. Brad Lemon said the FOP had their State Conference two weeks ago, and former KCPD member Steve Miller is now the FOP Vice President for Missouri. Lodge No. 99 has officially become the largest lodge in the entire Midwest excluding Chicago. Sgt. Lemon said six years ago the Lodge had 600 members and today has nearly 1,600.
Sgt. Lemon said the FOP will send some people to the funeral services for the fallen Dallas officers. He noted that in June of this year there were 48 resignations from the Dallas Police Department.
Sgt. Lemon said that KCPD has a manpower shortage also which makes it difficult for the officers working to have the time to practice community policing and to create partnerships with the community. Sgt. Lemon said he will address this issue with the City Council.
Sgt. Lemon said we have good people on this police department and we have been worse in the past. Sgt. Lemon does not believe that there is some systemic issue among the group.
- Scheduled meetings.
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
Tuesday, August 30, 2016
9:00 a.m., KCPD Headquarters, Community Room, 1125 Locust, Kansas City
- Mr. David Kenner.
Mr. Kenner recognized U.S. District Court Judge Scott Olin Wright who died on July 11, 2016. Mr. Kenner said he was one-of-a-kind, and an incredible person.
- Commissioner Leland M. Shurin.
Commissioner Shurin said the country is going through a tough time and he said no one on the Board believes that this department is anything other than a great group of men and woman who serve diligently and strongly for the people of Kansas City.
With regard to the shooting of police officers in Dallas, Commissioner Shurin said that he heard that some people nationally were upset that the Dallas Police Department used a bomb to kill the shooter. Commission Shurin said that a confirmed active shooter has absolutely no civil rights and the object is to stop that person to save innocent lives.
Commissioner Shurin said that he and the other Board members are proud of the men and women on this police department.
- Commissioner Wasson-Hunt.
Commissioner Wasson-Hunt thanked each member of this department for getting up every day and coming to work and doing their job in light of so many tragic happenings across the country.
- Commissioner Michael C. Rader.
Commissioner Rader said he thanked everyone for their comments today and is appreciative of the open dialogue.
Commissioner Rader said he had the opportunity to visit Officer Steve Bray in the hospital after his car accident. Officer Bray has been discharged and he is on the road to recovery.
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 noon and reconvene in closed session as provided in the following resolution. Following a roll call the vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted aye, Commissioner Rader voted aye, Commissioner Shurin voted aye, and Commissioner Brooks 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, July 12, 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 Angela Wasson-Hunt – Aye
Commissioner Leland M. Shurin – Aye
Commissioner Michael C. Rader – 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 July 12, 2016:
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 M.P.O. Richard Cartwright. The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Brooks voted Aye, Commissioner Shurin voted Aye, and Commissioner Rader voted Aye.
2) Following a motion by Commissioner Rader and a second by Commissioner Wasson-Hunt, the Board voted to approve the Separation Agreement and General Release with P.O. Tim Hiner. The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Brooks voted Aye, Commissioner Shurin voted Aye, and Commissioner Rader 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 June 14, 2016. The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Brooks voted Aye, Commissioner Shurin voted Aye, and Commissioner Rader voted Aye.
4) Commissioners Shurin, Brooks, Wasson-Hunt, and Mayor James, after having reviewed the evidence, agreed 4-1, with Commissioner Rader dissenting, approved Findings of Fact and Conclusions of Law, and entered the following Order:
This Board affirms the decision of the Chief of Police, and Officer Herschel Rodgers is terminated from employment as a member of the Kansas City, Missouri Police Department effective November 13, 2015.
5) Following a motion by Commissioner Brooks and a second by Commissioner Wasson-Hunt, the Board voted to go into special closed session to discuss personnel matters. The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Brooks voted Aye, Commissioner Shurin voted Aye, and Commissioner Rader voted Aye.
6) Following a motion by Commissioner Shurin and a second by Commissioner Wasson-Hunt, the Board voted to come out of special closed session and adjourn. The vote was 4-0 in favor. Following polling, Commissioner Wasson-Hunt voted Aye, Commissioner Brooks voted Aye, Commissioner Shurin voted Aye, and Commissioner Rader voted Aye. _____________________
Board of Police Commissioner Minutes