March 11, 2014, Meeting
MINUTES OF THE
BOARD OF POLICE COMMISSIONERS MEETING
TUESDAY, MARCH 11, 2014
A meeting of the Board of Police Commissioners of Kansas City, Missouri was held on Tuesday, March 11, 2014, at the Regional Police Academy, 6885 N.E. Pleasant Valley Road, Auditorium, Kansas City.
Commissioner Alvin L. Brooks, President
Commissioner Michael C. Rader, Vice President
Commissioner Angela Wasson-Hunt, Treasurer
Commissioner Michael S. Kilgore, Member
Mayor Sylvester “Sly” James, Jr., Member
Mr. David V. Kenner, Secretary/Attorney
Darryl Forté, Chief of Police
This meeting was called to order at 9:04 p.m. by Commissioner Brooks.
The invocation was provided by Pastor Kenneth Ray.
1. Awards and commendations.
A Certificate of Commendation was presented to Sergeant Steven Griswold, Officer Luke Ewert, Officer Daniel Quiles, and Officer Jeffery Runyan for saving a woman from a domestic violence incident when her home was set on fire.
A Certificate of Commendation was presented to Officer Jeremy Dumit and Officer Beau Johnson; and the Distinguished Service Medal was presented to Officer Zakary Glidewell, Officer Michael Holsworth and Officer Robert Martin for confronting and stopping a violent suspect when responding to a burglary in progress call. The suspect fired upon officers and the officers returned fire fatally wounding him. The suspect had killed three people earlier that day.
The meeting took a recess at 9:13 a.m. and resumed at 9:27 a.m.
2. City Architects report.
Mr. Eric Bosch provided the Board with an update on the current police department construction projects.
With regard to the EPD project, Mr. Bosch said the site is being graded so construction of the building pads can begin. Additionally, utility companies will begin work this month. The design of the police station and multi-purpose room has been bid through J.E. Dunn. Mr. Bosch will present the bid information at or before the next Board meeting and will release for bidding the crime lab and evidence repository by the end of this month.
With regard to the headquarters renovation, Mr. Bosch said workers are concentrating on the 2nd floor and metal studs and sheet rock are going in. Later this month demolition with begin on the 4th floor.
The outdoor concrete work on the west side of the building will begin on Monday. Ice melt will also go in under the concrete to alleviate the need to shovel snow and remove ice.
Work will begin on the 3rd and 5th floor this fall.
Mr. Kenner asked how soon can the Board meetings be held in the new community room at headquarters. Mr. Bosch said possibly beginning in June.
Mr. Bosch introduced Mr. Andy Pitts with Treanor Architects which is the firm that will design the new North Patrol Division station. Nine companies submitted bids. Treanor met the 15 percent MBE and 11 percent WBE goals set for this project by the Kansas City Human Resources Department. Treanor Architects have expertise in designing police facilities and have designed several that were built in the metropolitan area. Mr. Pitts said Treanor Architects looks forward to working with the City, the Board, and the police department. Treanor is currently doing municipal projects in Lee’s Summit, Missouri, Blue Springs, Missouri, and Johnson County, Kansas.
A memorandum dated February 27, 2014, was submitted to recommend approval of the selection of Treanor Architects for the North Patrol Division Station project and approval of $791,500 from city bond proceeds purchased through the public safety sales tax fund.
A motion was made by Commissioner Wasson-Hunt with a second by Mayor James to approve the contract with Treanor Architects in the amount of $791,500 as presented. The vote was 5-0 in favor.
3. Approval of minutes.
Commissioner Wasson-Hunt suggested a minor change to page 5 of the minutes of the February 11, 2014 Board meeting.
A motion was made by Commissioner Wasson-Hunt with a second by Commissioner Rader to approve the minutes of the February 11, 2014 Board meeting. The vote was 5-0 in favor.
4. Chief Darryl Forté.
Deputy Chief Hopkins spoke for the Chief in his absence. Deputy Chief Hopkins submitted a report entitled, “Homicide Count and Clearance Count Methodology Comparison.” He said a committee was recently created to examine policies related to clearances and the collection of UCR (Uniform Crime Report) data and how crimes are counted and reported and to the Board and the public. The Homicide Count report indicates that the current method of reporting is to count a homicide in the year it was declared as homicide by the medical examiner and it is only considered a clearance if the case is solved in the same year it is declared a homicide. The proposed method is to count and report the homicides and clearances in the same manner as they are reported in the UCR. Homicides would be counted in the year the act of violence occurs and clearances would be counted in the year the case is solved.
Deputy Chief Hopkins submitted a review of the heroin market in Kansas City compared to St. Louis. Major David Bosworth discussed this report and indicated that the heroin markets in the two cities are completely different. The local heroin market is supplied by only a handful of local dealers who sell to users from across the metropolitan area at pre-designated locations. In St. Louis the local market is dominated by local street gangs who sell heroin in open air sales to local users much like the sale of crack cocaine. Seizures of heroin in Kansas City are up from last year due to the different markets and due to the link between pharmaceutical abuse and heroin use. Investigators found that some people who are addicted to prescription opiates will seek out heroin if prescription drugs are unavailable.
With regard to the availability of Narcan®, an opiod antagonist drug, Major Bosworth said that EMS personnel keep this drug available on ambulances and fire trucks in Kansas City.
5. Executive Services Bureau.
Deputy Chief Patty Higgins submitted the following items for Board approval:
a. Bid No. 2014-11, New 2014 model year Dodge Charger vehicles.
A memorandum dated February 26, 2014, was submitted to recommend the purchase of up to twelve (12) new 2014 model year Dodge Charger police pursuit vehicles from Landmark Dodge for a total anticipated cost of $300,353. This purchase includes a service manual and $25 delivery charge per vehicle.
A motion was made by Commissioner Rader with a second by Commissioner Kilgore to approve the purchase of twelve (12) new 2014 Dodge Charger police pursuit vehicles from Landmark Dodge for a total anticipated cost of $300,353. The vote was 5-0 in favor.
b. Bid No. 2013-9, Motorcraft parts, brakes/components and accessories.
A memorandum dated February 26, 2014, was submitted to recommend approval of a one-year contract renewal with Factory Motor Parts to provide Motorcraft parts, brakes/components and accessories for a total anticipated cost of $197,470.92. The contract period is May 1, 2014 through April 30, 2015.
A motion was made by Mayor James with a second by Commissioner Rader to approve the one-year contract renewal with Factory Motor Parts to provide parts, brakes, and accessories for a total anticipated cost of $197,470.92. The vote was 5-0 in favor.
c. Bid No. 2013-8 Ford parts and accessories. A memorandum dated February 26, 2014, was submitted to recommend approval of a one-year contract renewal with Northtowne Lincoln Mercury to provide Ford parts and accessories for a total anticipated cost of $172,880.70. The contract period is May 1, 2014 through April 30, 2015.
A motion was made by Mayor James with a second by Commissioner Kilgore to approve the one-year contract renewal with Northtowne Lincoln Mercury for Ford parts and accessories for a total anticipated cost of $172,880.70. The vote was 5-0 in favor.
d. Supplemental appropriations for fiscal year 2013-14. A memorandum dated February 25, 2014, was submitted for approval of establishing revenues and appropriations for the JAG Grants Fund 241.
A motion was made by Commissioner Wasson-Hunt with a second by Commissioner Rader to approve the request for supplemental appropriations as presented. The vote was 5-0 in favor.
e. Budget transfers for fiscal year 2013-14. A memorandum dated February 27, 2014, was submitted which outlines the details of these budget transfers. A copy of this memorandum is Attachment “A” and made a part of these minutes.
A motion was made by Commissioner Rader with a second by Commissioner Kilgore approving the budget transfers as presented. The vote was 5-0 in favor.
With regard to the purchase of new police vehicles, Commissioner Rader said many of our current vehicles have over 100,000 miles and he asked if the plan is to continually purchase 12 to 15 new cars throughout the year or purchase them as the money becomes available. Deputy Chief Higgins said there is a plan in place which is dependent upon the annual budget. Major Eric Winebrenner explained that the plan is to replace any vehicles that have over 125,000 miles and each year this number increases because funds are not available to purchase new cars at the same rate that cars are exceeding 125,000 miles, and they usually do not get replaced until 150,000 to 175,000 miles and frequently wrecks are what finally removes a car from service.
6. Professional Development and Research Bureau.
Deputy Chief Rose submitted the basic training class summary dated March 4, 2014. She said two classes are in session now and one will graduate in April 2014.
Commissioner Brooks asked if the police department accepts police officer applications on an on-going basis. Deputy Chief Rose and Deputy Chief Hundley said yes, applications are accepted anytime.
Deputy Chief Rose presented the following consent agenda items for approval:
a. Project #783, Police Foundation of Kansas City. Commissioner Wasson-Hunt asked to table this item until further information can be obtained about why the Police Foundation no longer wants police board members to sit on their advisory board.
b. Project #721, Special Victims Unit. Deputy Chief Rose advised that this policy has been divided into two separate policies; one entitled Orders of Protection, and one entitled Harassment and Stalking.
Mayor James discussed the consent agenda process.
A motion was made by Commissioner Rader with a second by Commissioner Wasson-Hunt to approve the policies entitled Orders of Protection and Harassment and Stalking. The vote was 5-0 in favor.
7. Administration Bureau.
Deputy Chief Randy Hundley presented the personnel summary dated March 6, 2014. Current department strength is 1,377 law enforcement personnel compared to 1,380 for this same time period in 2013. Civilian strength is 575 positions compared to 568 positions for the same time period 2013.
8. Patrol Bureau.
Deputy Chief Kuehl presented the monthly crime summary dated January 2014. A copy of the Crime Summary is marked as Attachment “B” and attached to these minutes.
Mayor James asked if there is an increase in crime in the downtown area due to the relatively new 360 bed halfway house in Harlem. Mayor James said he has noticed an increase in pedestrian traffic walking on the median across the Broadway bridge. He said there was a robbery at a new coffee house/bakery near the downtown library and there have been complaints made to the Mayor’s office about the people coming from the halfway house into downtown. Major Shawn Wadle said they have noticed a slight increase in problems. Mayor James said the Downtown Council came to his office and discussed this with him yesterday and he asked that the police department make contact with them. Major Wadle said he will. He said an arrest was made in the robbery that the Mayor referenced and the suspect was not an individual who resided at the Harlem halfway house. Deputy Chief Kuehl said they will watch the area to see if a trend develops.
With regard to the February 2014 Traffic Summary; there were two fatalities for the month of January. A copy of the Traffic Summary is Attachment “C” and attached to these minutes.
Pursuant to the Mayor’s request for performance measures related to the new area command concept, Deputy Chief Kuehl said the Research and Development office will reach out to other cities who may have implemented this concept and ask if it was successful or not. At this time South Patrol is the only division that has adopted this concept.
9. Investigations Bureau.
Deputy Chief Randy Hopkins submitted the Investigation Bureau summary for February 2014. He said there have been 13 homicides to-date for 2014, with 20 for the same time period in 2013.
Year-to-date there have been 15 drive-by shootings with 28 for the same period last year. Mayor James asked why there has been such a decrease in drive-by shootings. Deputy Chief Hopkins said drive-bys could be down due to the cold winter in Kansas City but he has no formal analysis of the current numbers. He said KC NoVA and Narcotics and Vice are examining intelligence and analyzing the trends of crime data collected to determine causation.
Mayor James said recent research indicates that failure to have a uniform background check law in the state contributes to the number of homicides in the state and the city.
Commissioner Brooks said homicides have been tracked since the 70’s and the weather has nothing to do with the homicide rate; it is cyclical. He said in studies he has participated in related to Kansas City, the months of January, March, June, and November have experienced the highest numbers of homicide.
Mayor James said getting guns out of of the hands of criminals on the streets of the city has to be a priority of the City, KC NoVA, and everyone involved in law enforcement. He said he would like to see a more aggressive approach toward this effort. Commissioner Brooks agreed.
10. Major Steve Young.
Major Young submitted the OCC investigations monthly report dated March 4, 2014. There are currently 24 OCC’s under investigation. Commissioner Wasson-Hunt inquired about the OCC’s that have extensions beyond 20 days. Major Young said usually these extensions are typically due to a scheduling issue related to having the complainant come in and give a statement.
11. Audit Committee update.
Commissioner Wasson-Hunt said the Audit Committee meeting needs to be rescheduled and she would like to hold the meeting after the MOU with the City has been signed.
12. Fraternal Order of Police Lodge #99.
Sergeant Brad Lemon said Officer Steve Miller and other FOP members are in Jefferson City today for FOP day on the hill. Items they will discuss with legislators are the gun bill; the trash bill which limits police officers from recovering trash from the curb; and the meta-data bill which says police departments in the state are not allowed to share any information with the federal government including fingerprints and DNA.
Mayor James said these bills are bad and they affect the ability of police officers to do their job and the viability of an organization such as KC NoVA. Mayor James said he will go to Jefferson City and testify against this.
Sergeant Lemon said members of the FOP Executive Board went to a leadership conference in Nashville and the training was impressive. Additionally, he and Officer Miller recently returned from a labor conference in San Diego.
He said negotiations have begun on the new MOU and negotiations have gone well.
Sergeant Lemon said he was recently elected as the new president of the FOP. Commissioner Wasson-Hunt asked for a list of the new Executive Board members.
13. David V. Kenner.
Mr. Kenner discussed the schedule of upcoming police board meetings. See item No. 16 below for the scheduled meetings.
14. Mayor Sylvester “Sly” James, Jr.
Mayor James said a City ordinance was offered that would have mirrored the state statute regulating intoxicated people with guns. This statute reads that a person could not be charged with unlawful use of a weapon even though intoxicated unless there was proof of negligence or an unlawful act. Mayor James said this ordinance was rejected and the City currently is not in compliance with state law. Mayor James said he disagrees with this state statute.
15. Commissioner Alvin Brooks.
Commissioner Brooks asked about the condition of the two officers who were involved in the car wreck on the Paseo, Officer Nicholas and Officer Noah Stigall. Deputy Chief Hopkins said Officer Cardona was still hospitalized and Officer Stigall was treated and released. Commissioner Brooks asked that when these incidents occur can the police department send a card or flowers from the Board to the injured department members.
16. Scheduled meetings.
Regular Board meetings:
Tuesday, April 22, 2014
9:00 a.m., South Patrol Division, 9701 Marion Park Drive, Annex Building,
Multi-purpose Room, Kansas City
Tuesday, May 20, 2014
9:00 a.m., Regional Police Academy, 6885 N.E. Pleasant Valley Road,
Auditorium, Kansas City
In the matter of the disciplinary proceedings of:
Sergeant James R. Carmody, Jr.
8:00 a.m., Tuesday, April 8, 2014
South Patrol Division, 9701 Marion Park Drive, Annex Building,
Multi-purpose Room, Kansas City
A motion was made by Mayor James, seconded by Commissioner Rader and by vote indicated below, to adjourn its open meeting at 10:45 a.m. and reconvene in closed session at 10:56 a.m. as provided in the following resolution. Following a roll call, the vote was 5-0 in favor.
WHEREAS, notice of the board meeting of the Board of Police Commissioners was given on January 14, 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, March 11, 2014, at the South Patrol Division, 9701 Marion Park Drive, 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 S. Kilgore – 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 March 11, 2014:
1) Following a motion by Commissioner Rader and a second by Mayor James, the Board voted to approve the workers compensation settlement with former Police Officer Megan LeMoine. The vote was 5-0 in favor.
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 Reserve Sergeant Dwaine Folsom and Major Melvin Harvey. The vote was 5-0 in favor.
3) Following a motion by Commissioner Wasson-Hunt and a second by Mayor James, the Board voted to approve the minutes from the closed session of the February 11, 2014, meeting of the Board of Police Commissioners. The vote was 5-0 in favor.
4) Following a motion by Commissioner Rader and a second by Mayor James, the Board voted to go into special closed session to discuss personnel matters. The vote was 5-0 in favor.
5) Following a motion by Commissioner Kilgore and a second by Commissioner Rader, the Board voted to come out of closed session. The vote was 5-0 in favor. Following polling, Mayor James voted aye, Commissioner Rader voted aye, Commissioner Wasson-Hunt voted aye, Commissioner Brooks voted Aye and Commissioner Kilgore voted aye.
6) Following a motion by Commissioner Kilgore and a second by Commissioner Rader, the Board voted to adjourn. The vote was 5-0 in favor.
Board of Police Commissioners Minutes