June 10, 2014, Meeting
MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, JUNE 10, 2014
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, June 10, 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
Mr. David V. Kenner, Secretary/Attorney
This meeting was called to order at 9:10 a.m. by Commissioner Brooks.
The invocation was provided by Pastor Keith Ratcliffe.
- Awards and commendations.
The Meritorious Service Award was presented to Administrative Assistant Karen Smith for developing a spreadsheet that helps responding officers gather information on persons listed in Crisis Intervention Team (CIT) reports when responding to calls for service. This helps officers to form a plan ahead of time for dealing with those who have mental health issues. Karen spent months entering CIT information into this database at the North Patrol Division. The data base was recently approved to be implemented at all other patrol divisions as well.
The Meritorious Service Award was presented to Sergeant Ryan Mills and Officer Matthew Masters for vastly improving the efficiency and effectiveness of the Off-Duty Employment Section during their assignment. They improved the system’s fairness and equality and implemented a uniform method for all off-duty job opportunities. They also implemented the Nixle text alert system to notify officers of last-minute or unfilled job openings. Because of their work off-duty employment opportunities for department members nearly tripled, from 773 to 2,303 and the number of actual department members who work off-duty increased from 250 to 895.
The Meritorious Service Award was presented to Sergeant Jonathan Rivers for developing a plan that greatly improved the process of securing signatures from an investigative sergeant when officers needed to book an arrest for non-violent crimes. The new process has field sergeants sign investigative arrest approval forms for all non-violent crimes. This way officers do not have to find a violent crimes sergeant to approve a non-violent arrest. This saves officers 40 minutes or more when processing an arrest.
The meeting took a recess at 9:20 a.m. and resumed at 9:25 a.m.
- Councilman John Sharp. Councilman Sharp said he and Councilman Scott Wagner will introduce an ordinance that may help facilitate the positive re-entry of ex-offenders into society. There was once a lifetime ban for ex-offenders to obtain a liquor control card. However, this was changed to allow liquor cards for certain offenses and with a four or seven year ban for other offenses. The new ordinance will allow persons convicted of certain property crimes to be able to obtain a liquor card without any wait time. The lifetime ban will remain in place for violent offenders, and the seven year ban will remain for certain other offenders.
Councilman Sharp again discussed the legislation related to the scrap metal industry.
- City Architects report. Mr. Eric Bosch provided the Board with an update on the current police department construction projects.
With regard to the new NPD police station, a 15 acre site near the airport, off of I-29 and near Tiffany Springs, was found and meetings have been held with the Aviation Department, federal aviation, and the architect. An environmental impact study will need to be completed.
With regard to headquarters, the second floor walls are nearly finished and furniture will go in soon. Then work will finish on the fourth floor as well. Commissioner Brooks asked when the Board meetings can move back to being held at headquarters. Mr. Bosch said they are still waiting for the limestone work to be completed on the front exterior. He will keep the Board informed. Commissioner Wasson-Hunt said she wants to take a tour of the building.
Mr. Bosch said a contractor “get together” was held for all of the sub-contractors working on the new EPD/crime lab project. People looking for work were also invited. He said there was a great turnout of 150 people.
Mr. Bosch said some of the footings and foundations have been installed at EPD.
- Chief Darryl Forté. Chief Forte’ said the City is currently down eight homicides from last year. He said he spoke to the Chief in St. Louis who said they are 15 homicides ahead of last year. Chief Forte’ said firearms, and the handling of firearms, are responsible for the deaths.
He said Hope Academy, the first drop out recovery charter school for students 16-21 years of age, has been a valuable program. He said these young people most likely would not have received a GED or diploma otherwise.
Chief Forte’ said the Mayor’s weekend program is helping to keep young people busy because there are not a lot of unsupervised youth at the Plaza.
Chief Forte’ said he is holding an organizational development meeting where some members of the community will attend to tell the police department about their perceptions of the police department and crime in their community.
He said a public health and safety fair will be held this Saturday at Samuel U. Rodgers Health Center.
With regard to the Republican National Committee (RNC) site selection committee that visited Kansas City, the Chief recognized Major Jim Connelly, Major Jim Pruetting, and Major Eric Winebrenner for the outstanding job to secure police resources for the RNC visit. Mayor James said the RNC site selection committee was very pleased with the courteous police service they received.
Mayor James said he was with Captain Joe McHale at the Mary L. Kelly Center and the Mayor commended Captain McHale and KC NoVA for the great work that they do. The Mayor believes that KC NoVA has contributed to the reduction in homicides and he thanked Chief Forte’ for addressing issues and facilitating KC NoVA.
Mayor James said the City will still try and find ways to take guns out of the hands of people who should not have them.
Commissioner Brooks said the KC NoVA results did not occur overnight, it has taken commitment and he thanked Captain McHale and KC NoVA.
Mayor James asked for a quarterly report from Captain McHale.
- Executive Services Bureau. Deputy Chief Patty Higgins also thanked Major Eric Winebrenner for his work in assisting the RNC site selection committee.
Deputy Chief Higgins submitted the following items for Board approval:
a. U.S. Marshals grant FY 2014. A memorandum dated May 27, 2014, was submitted which recommends approval to accept a modification to the FY 2014 U.S. Marshals grant that would increase funding to $74,930.31. This grant is 100 percent federally funded.
A motion was made by Commissioner Rader and a second by Mayor James to accept the U.S. Marshals grant in the amount of $74,930.31. The vote was 4-0 in favor.
b. MCSAP modification for FY 2013-14, #13-CMV-MC-003. A memorandum dated May 27, 2014, was submitted which recommends approval to accept additional funding from the Missouri Department of Transportation as a contract amendment to the 2013-14 MCSAP grant. The grant amount has increased to $949,678.50 and is 80 percent federally funded. The award period ends September 30, 2014.
A motion was made by Commissioner Rader and a second by Commissioner Wasson-Hunt to accept the MCSAP grant in the amount of $949,678.50. The vote was 4-0 in favor.
c. Information Builders, Inc., change order #1. A memorandum dated June 2, 2014 was submitted which recommends approval for a change order in the amount of $97,990.90 for the Law Enforcement Resource Center (LERC). This is a change order to the original contract for additional software changes.
Mayor James said LERC is crucial to the police department and KC NoVA and we must have data building and analytical ability to process criminal information.
A motion was made by Commissioner Wasson-Hunt and a second by Mayor James to approve the change order in the amount of $97,990.90. The vote was
4-0 in favor.
d. Adjustment to special revenue accounts for FY 2014-15. A memorandum dated June 2, 2014, was submitted which outlines the details of the adjustment to the special revenue accounts. This memorandum is attachment “A” and made a part of these minutes.
A motion was made by Commissioner Rader 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. Supplemental appropriations for FY 2014-15. A memorandum dated June 2, 2014, was submitted which outlines the need to establish a special obligation fund, revenues, and appropriations pursuant to this transfer of supplemental appropriations. This memorandum is marked attachment “B” and made a part of these minutes.
A motion was made by Commissioner Wasson-Hunt and a second by Commissioner Rader to approve the supplemental appropriations as presented. The vote was 4-0 in favor.
f. OIG audit update. Major Diane Mozzicato said pursuant to the police department’s request for an extension, the National Institute of Justice granted a 60 day extension. She said a lot of work has been done on this issue to determine what is required of the police department. A change of scope needed to be filed and this has been done. The number of cases (100’s versus 1000’s) that need review will depend on the approval or disapproval of the change in scope.
- Professional Development and Research Bureau.
Deputy Chief Rose submitted the basic training class summary dated June 3, 2014.
Deputy Chief Rose presented the following consent agenda items for approval:
a. Project #137, Patrol Procedures.
A motion was made by Commissioner Rader, with a second by
Commissioner Wasson-Hunt to approve the consent agenda item as presented. The vote was 4-0 in favor.
- Investigations Bureau. Deputy Chief Randy Hopkins submitted the Investigation Bureau summary for May 2014. He said there have been 31 homicides to-date for 2014, with 42 for the same time period in 2013.
There have been 1,228 cases presented to the prosecutor with 970 cases filed.
Year-to-date there has been 76 drive-by shootings with 73 for the same period last year.
Deputy Chief Hopkins commended Captain Joe McHale for his good work with KC NoVA.
Commissioner Wasson-Hunt asked about the Vice Unit Royals youth alcohol operation. Deputy Chief Hopkins explained that the Vice Unit looks for minors who may be consuming alcohol or those who may be furnishing alcohol to minors at Royals events and in the parking lot at the stadium.
Mayor James asked why there has been a decrease in the number of firearms recovered. Deputy Chief Hopkins said that last year there was a joint federal operation which resulted in 150 federal indictments so the number of firearms recovered was higher than normal.
Mayor James asked if there is anything that can be done about the number of drive by shootings. Chief Forte’ said educating the public and encouraging reporting of these crimes would help. He said many times these shootings are not reported.
Deputy Chief Hopkins also submitted the First Quarter Homicide Analysis which is marked as attachment “C” and made a part of these minutes.
- Human Resources.
Director Nick Nichols presented the personnel summary dated June 4, 2014. Current department strength is 1,402 law enforcement personnel compared to 1,380 for this same time period in 2013. Civilian strength is 577 positions compared to 568 positions for the same time period 2013.
Mayor James asked what is being done to get more women to the rank of Sergeant and above. Chief Forte’ said Deputy Chief Rose and other commanders act as mentors for and have been reaching out to women on the department for years. He said the department does not have trouble getting women to participate in the promotional process; it is the minorities that are not participating as much. He said Captain Donna Greenwell has been encouraging women to participate since she became a Sergeant. Additionally, Deputy Chief Rose and Captain Stephanie Price facilitate a women’s lunch, held several times a year, where everyone is invited to bring their own lunch and ask questions and receive feedback.
Mayor James asked how many minority women hold the rank of Sergeant. Deputy Chief Nichols referred to page four of the Personnel Summary.
Deputy Chief Nichols said an entrant officer exam was recently held and 141 people took the test and 52 percent were minority and white female participation.
Commissioner Wasson-Hunt asked how many people come to the women’s luncheon and what the topics of discussion are. Deputy Chief Rose said this lunch was developed to give women on the department the opportunity to meet each other and network. Deputy Chief Rose said there were 20 participants at the luncheon held last fall, including a few men. She said the lunch is open to anyone who wants to attend. Additionally, a leadership talk was held September 19, 2013, and the panel consisted of Deputy Chief Rose, Raymore Chief Jan Zimmerman, and KCK Chief Ellen Hansen. There were over 40 people in attendance for this leadership talk.
- Administration Bureau. Deputy Chief Randy Hundley said that the Information Services Unit continues with the Windows 7 upgrade on department computers and they are expected to be finished with all computers by the middle of July 2014.
- Patrol Bureau. Major Robin Houston presented the monthly crime summary dated April 2014. A copy of the Crime Summary is marked as Attachment “D” and attached to these minutes.
Major Houston submitted the May 2014 Traffic Summary. There have been five fatalities in the month of May 2014, for a total of 19 fatalities for the year compared to 20 for the same time period last year. A copy of the Traffic Summary is Attachment “E” and attached to these minutes. Commissioner Brooks asked if there has been an increase in seatbelt enforcement. Major Houston said there have been 6,486 seatbelt/child restraint violations written year-to-date in 2014, compared to 6,097 for the same period last year.
Major Houston also submitted the May 2014 KCPD Executive Summary.
11. Major Steve Young.
a. OCC investigations monthly report. Major Young submitted the OCC investigations monthly report dated June 4, 2014. There are currently 26 OCC’s under investigation.
b. Private officers license appeal, Jabari K. Dill. Major Young submitted the appeal of Mr. Dill dated May 13, 2014,
The Private Officers Licensing Unit revoked the license of Mr. Dill. The basis for the revocation was outlined in Title 17 of the Code of State Regulations, Section 10-2.050(8)(I). Mr. Dill’s license was revoked due to an incident on April 26, 2014 in which Mr. Dill’s duty weapon was fired multiple times and he was not truthful with the detective who was conducting the investigation.
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 revoke the private security license of Mr. Jabari K. Dill. The vote was 4-0 in favor.
12. Audit Committee update. Commissioner Wasson-Hunt said an Audit Committee meeting is scheduled for June 26, 2014, at which time the auditors will present the annual financial report.
13. Fraternal Order of Police Lodge No. 99. Sergeant Brad Lemon said the new FOP Executive Board took over in May and there have been structural changes and education for the new people. The Executive Board is working on the FOP strategic plan for the next five years. Sergeant Lemon said they are in the process of completing renovations to their building.
He said the FOP Executive Board will attend the state FOP conference that will be held this month.
14. David V. Kenner. Mr. Kenner tabled the discussion on the Professional Service Agreement until closed session.
With regard to scheduled meetings, he suggested that the time for the July 10, 2014 Board meeting should be changed to 9:00 a.m. because the ribbon cutting has been postponed.
Commissioner Rader inquired about the Sergeant Jim Carmody disciplinary hearing scheduled for August 13, 2014. He had previously suggested that this hearing be postponed until a replacement Board member has been selected to avoid the potential of a tie vote which could result in having to hold another hearing after a fifth commissioner is appointed. Mr. Kenner said it is unknown if a new commissioner will be selected prior to the next legislative session.
Chief Forte’ agreed with postponing the hearing for fear that department members would view the hearing process as flawed if another hearing has to be held due to a tie vote. Commissioner Wasson-Hunt asked if Sergeant Carmody feels as though he is not receiving due process because this has been delayed. Chief Forte’ said Sergeant Carmody is responsible for the delay, not the Board, and it was the Chief’s understanding that Sergeant Carmody’s lawyer brought a settlement offer to the Board which the Board agreed to. Then Sergeant Carmody did not accept the settlement offer which is why the hearing has been re-scheduled.
Mayor James said the most important piece is whether or not there is a quorum and as long as there is a quorum we should be conducting business in a timely fashion. He said it is possible that a new commissioner may not be appointed until next year. He suggested that the Board go forward with the hearing scheduled for August 13.
Commissioner Rader suggested getting input from Sergeant Carmody. Mayor James said there is an established procedure and he is reluctant to let the appellant dictate the time line.
A motion was made by Commissioner Rader to postpone the disciplinary hearing until the Board has an odd number of members. There was no second and no ayes. The hearing remains on the schedule for 8:00 a.m., August 13, 2014.
15. Mayor Sylvester “Sly” James, Jr. Mayor James commended Chief Forte’, Major Winebrenner and Major Pruetting for the outstanding work they did with the RNC. Mayor James said this was not just about traffic and moving people, this was a test by the RNC site selection committee to see that KCPD would be able to execute their security plan. The RNC left Kansas City with no doubt that KCPD could execute the security plan that would be put in place by KCPD, FBI, ATF, and Secret Service.
Mayor James thanked the Chief for delaying a trip he had planned to come and speak to the RNC.
16. Commissioner Michael C. Rader. Commissioner Rader concurred with the Mayor’s comments regarding the RNC visit. He also thanked the Mayor for his hard work, time, and effort.
Commissioner Rader thanked everyone on the police department for the work that they do. He said he is impressed by the items listed in notable event section of the Investigations Bureau reports.
17. Commissioner Angela Wasson-Hunt. Commissioner Wasson-Hunt thanked Ms. Christine Vendel for her service to the police department as a reporter to The Kansas City Star. Commissioner Wasson-Hunt said although she did not always like what was written, she said Ms. Vendel was fair and equitable in her writing. Commissioner Wasson-Hunt wished her well on her new job in a new city.
18. Commissioner Alvin Brooks. Commissioner Brooks said he has known Ms. Vendel for a long time and he is sad to see her go.
Commissioner Brooks said it is great to be a part of this organization and it has come a long way. He has seen a lot of progress in the police department over the years.
19. Scheduled meetings.
Thursday, July 10, 2014
9:00 a.m., Regional Police Academy, 6885 N.E. Pleasant Valley Road
Auditorium, Kansas City
Tuesday, August 12, 2014
9:00 a.m., South Patrol Division, 9701 Marion Park Drive
Annex Building, Multi-Purpose Room, Kansas City
Audit Committee Meeting
Thursday, June 26, 2014
10:00 a.m., Levy Craig Law Firm, 1301 Oak Street
Suite 500, Kansas City
In the matter of the disciplinary proceedings of:
Sergeant James R. Carmody, Jr.
8:00 a.m., Wednesday, August 13, 2014
South Patrol Division, 9701 Marion Park Drive, Annex Building,
Multi-Purpose Room, Kansas City
A motion was made by Commissioner Wasson-Hunt, seconded by Commissioner Rader and by vote indicated below, to adjourn its open meeting at 10:36 a.m. and reconvene in closed session at 10:55 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 May 1, 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, June 10, 2014, at the South Patrol Division, 9701 Marion Park Drive, Kansas City, Kansas City, Missouri, 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 June 10, 2014:
Mayor James temporarily left the meeting at 10:45 a.m.
1) Following a motion by Commissioner Rader and a second by Commissioner Wasson-Hunt, the Board voted to approve the non-duty related disability retirement of Master Police Officer Nancy O’Rourke. The vote was 3-0 in favor. Following polling, 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 duty related disability retirement of Police Officer Christopher Clark. The vote was 3-0 in favor. Following polling, Commissioner Rader voted Aye, Commissioner Wasson-Hunt voted Aye, and Commissioner Brooks voted Aye.
Mayor James returned to the meeting at 10:53 a.m.
David Kenner left the room at 12:05 p.m.
3) Following a motion by Commissioner Rader and a second by Commissioner Wasson-Hunt, the Board voted to approve the Amended and Restated Professional Services Agreement with Levy Craig Law Firm, A Professional Corporation to provide the services of David V. Kenner as Secretary/Attorney to the Board. 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 increase the compensation of David V. Kenner as Attorney pursuant to the Amended and Restated Professional Services Agreement with Levy Craig Law Firm, A Professional Corporation, by $10,000 per year to a total of $36,250 per year, effective as of this date. 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.
David Kenner returned to the room at 12:13 p.m.
5) Following a motion by Mayor James 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, Mayor James voted Aye, Commissioner Rader voted Aye, Commissioner Wasson-Hunt voted Aye, and Commissioner Brooks voted Aye.
6) Following a motion by Commissioner Wasson-Hunt and a second by Mayor James, the Board voted to increase the salary of Chief Darryl Forté by five percent from $169,500 to $177,975, effective April 1, 2014. 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.
7) Following a motion by Mayor James and a second by Commissioner Rader, the Board voted to come out of special closed session. Following polling, Mayor James voted Aye, Commissioner Rader voted Aye, Commissioner Wasson-Hunt voted Aye, and Commissioner Brooks voted Aye. The vote was 4-0 in favor.
Immediately, thereafter, following a motion by Commissioner Rader and a second by Mayor James, the Board voted to adjourn at 12:05 p.m. The vote was
4-0 in favor.
Board of Police Commissioners Minutes